Budget Implementation Act, 2017, No. 2 (S.C. 2017, c. 33)

Marginal note:Shift changes

• 173.1 (1) If an employer changes a period or shift during which an employee is due to work or adds another work period or shift to the employee’s schedule, the employer shall give the employee written notice of the change or addition at least 24 hours before

  • (a) in the case of a change, the employee’s original work period or shift is to begin or, if the work period or shift that results from the change is to begin earlier than the original work period or shift, before the period or shift that results from the change is to begin; and

  • (b) in the case of an addition, the work period or shift that was added is to begin.

• Marginal note:Exceptions — threat

  (2) Subsection (1) does not apply if the change to or addition of a work period or shift is necessary to deal with a situation that the employer could not have reasonably foreseen and that presents or could reasonably be expected to present an imminent or serious

  • (a) threat to the life, health or safety of any person;

  • (b) threat of damage to or loss of property; or

  • (c) threat of serious interference with the ordinary working of the employer’s industrial establishment.

• Marginal note:Exception — subsection 177.1(1)

  (3) Subsection (1) does not apply to a change to or addition of a work period or shift following a request made under subsection 177.1(1).

Marginal note:Overtime pay or time off

• 174 (1) Subject to any regulations made under section 175, when an employee is required or permitted to work overtime, they are entitled to

  • (a) be paid for the overtime at a rate of wages not less than one and one-half times their regular rate of wages; or

  • (b) be granted not less than one and one-half hours of time off with pay for each hour of overtime worked, subject to subsections (2) to (5).

• Marginal note:Conditions

  (2) An employee is entitled to time off for overtime worked only if,

  • (a) at their request, they and the employer enter into an agreement in writing providing for the taking of time off, subject to paragraph (b) and subsections (3) to (5), on a date or dates agreed on by them and the employer; and

  • (b) the time off is taken within a period of three months after the end of the pay period in which the overtime was worked, or within any longer period set out in

    • (i) if the employee is subject to a collective agreement, the collective agreement, or

    • (ii) if the employee is not subject to a collective agreement, the agreement referred to in paragraph (a) or any other agreement in writing entered into by them and the employer.

• Marginal note:Maximum period

  (3) The longer period referred to in paragraph (2)(b) shall not be more than 12 months for an employee who is not subject to a collective agreement.

• Marginal note:Time off not taken within specified period

  (4) If the employee does not take all or part of the time off within the applicable period referred to in paragraph (2)(b), the employer shall, within 30 days after the day on which that period ends, pay the employee’s wages for the overtime for which the time off was not taken, at a rate of wages not less than one and one-half times the employee’s regular rate of wages on the day on which they worked the overtime.

• Marginal note:Termination of employment

  (5) If an employee ceases to be employed before the employee takes all or part of the time off referred to in paragraph (1)(b), the employer shall, within 30 days after the day on which the employee ceases to be employed, pay the employee’s wages for the overtime for which the time off was not taken, at a rate of wages not less than one and one-half times the employee’s regular rate of wages on the day on which the employee worked the overtime.

• Marginal note:Application of section 189

  (6) Section 189 applies for the purposes of this section.

Marginal note:Right to refuse

• 174.1 (1) Subject to subsections (2) and (3), an employee may refuse to work the overtime requested by the employer in order to fulfil any family responsibility set out in subsection 206.6(1).

• Marginal note:Reasonable steps

  (2) An employee may refuse to work overtime only if

  • (a) they have taken reasonable steps to carry out their family responsibility by other means, so as to enable them to work overtime; and

  • (b) even though the steps referred to in paragraph (a) have been taken, they are still required to carry out that responsibility during the period of the overtime.

• Marginal note:Exceptions

  (3) An employee is not to refuse to work overtime if it is necessary for them to work overtime to deal with a situation that the employer could not have reasonably foreseen and that presents or could reasonably be expected to present an imminent or serious

  • (a) threat to the life, health or safety of any person;

  • (b) threat of damage to or loss of property; or

  • (c) threat of serious interference with the ordinary working of the employer’s industrial establishment.

• Marginal note:Prohibition

  (4) An employer shall not dismiss, suspend, lay off, demote or discipline an employee because the employee has refused to work overtime under subsection (1) or take such a refusal into account in any decision to promote or train the employee.

DIVISION I.1Flexible Work Arrangements

Marginal note:Right to request

• 177.1 (1) An employee who has completed six consecutive months of continuous employment with an employer may request from the employer a change to the following terms and conditions of employment:

  • (a) the number of hours that the employee is required to work;

  • (b) the employee’s work schedule;

  • (c) the employee’s location of work; and

  • (d) any terms and conditions that apply to the employee and that are prescribed by regulation.

• Marginal note:Contents of request

  (2) The request shall be made in writing and shall include

  • (a) the employee’s name;

  • (b) the date on which the request is made;

  • (c) a description of the change to the terms and conditions of employment that is requested;

  • (d) the date on which the change would take effect and, if the change is intended to be temporary, the date on which the change would cease to have effect;

  • (e) an explanation of the effect that, in the employee’s opinion, the requested change would have on the employer and the manner in which, in the employee’s opinion, the employer could manage that effect; and

  • (f) any information that may be prescribed by regulation.

• Marginal note:Employer’s decision

  (3) An employer to whom a request is made shall make one of the following decisions:

  • (a) grant the request;

  • (b) offer to grant the request in part or to make an alternative change to the terms and conditions of employment; or

  • (c) refuse the request on one or more of the following grounds:

    • (i) the requested change would result in additional costs that would be a burden on the employer,

    • (ii) the requested change would have a detrimental impact on the quality or quantity of work within the employer’s industrial establishment, on the ability to meet customer demand or on any other aspect of performance within that industrial establishment,

    • (iii) the employer is unable to reorganize work among existing employees or to recruit additional employees in order to manage the requested change,

    • (iv) there would be insufficient work available for the employee if the requested change was granted, and

    • (v) any ground prescribed by regulation.

• Marginal note:Notice of decision

  (4) The employer shall, as soon as possible and not later than 30 days after receiving the request, give written notice to the employee of their decision. The notice in respect of a decision made under paragraph (3)(b) or (c) shall include written reasons for refusing the requested change or for not granting a part of it.

• Marginal note:Power to change terms and conditions

  (5) The employer may, for the purpose of granting a request made by an employee under paragraph (3)(a) or for the purpose of giving effect to a written agreement with the employee following an offer made under paragraph (3)(b), change the employee’s terms and conditions of employment. However, when there is any other provision under this Part or any provision of any regulations made under this Part that authorizes the employer to make a change to those terms and conditions, they shall make the change under that provision.

• Marginal note:Collective agreement

  (6) An employer shall not change, under subsection (5), a term or condition of employment contained in a collective agreement unless the change is agreed to in writing by the employer and the trade union.

• Marginal note:Prohibition

  (7) An employer shall not dismiss, suspend, lay off, demote or discipline an employee because the employee has made a request under subsection (1) or take such a request into account in any decision to promote or train the employee.

• Marginal note:Regulations

  (8) The Governor in Council may make regulations limiting the number of requests that an employee may make in any year and specifying the information that shall be included in a notice under subsection (4) or an agreement referred to in subsection (5).

• Marginal note:For greater certainty

  (9) For greater certainty, nothing in this section limits an employer’s duty to accommodate an employee under any other Act of Parliament.