Budget Implementation Act, 2018, No. 2 (S.C. 2018, c. 27)
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Assented to 2018-12-13
PART 4Various Measures (continued)
DIVISION 14Pay Equity (continued)
Transitional Provisions, Consequential Amendments, Coordinating Amendments and Coming into Force
Transitional Provision
Marginal note:Complaints — Canadian Human Rights Act
428 The Canadian Human Rights Act, as it read immediately before the day on which this section comes into force, applies with respect to any complaint filed before that day under section 40 of that Act, other than a complaint referred to in subsection 396(1) of the Budget Implementation Act, 2009, as amended by subsection 431(1) of this Act.
Consequential Amendments
2009, c. 2Budget Implementation Act, 2009
429 Section 394 of the Budget Implementation Act, 2009 is repealed.
430 Section 395 of the Act is repealed.
431 (1) The portion of subsection 396(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Complaints before Canadian Human Rights Commission
396 (1) The following complaints with respect to employees that are before the Canadian Human Rights Commission on the day on which this Act receives royal assent, or that are filed with that Commission during the period beginning on that day and ending on the day on which subsection 425(1) of the Budget Implementation Act, 2018, No. 2 comes into force, shall, despite section 44 of the Canadian Human Rights Act, without delay, be referred by the Commission to the Board:
(2) Subsection 396(3) of the Act is replaced by the following:
Marginal note:Powers of Board
(3) The Board has, in relation to a complaint referred to it, in addition to the powers conferred on it under the Federal Public Sector Labour Relations Act, the power to interpret and apply sections 7, 10 and 11 of the Canadian Human Rights Act, and the Equal Wages Guidelines, 1986, in respect of employees, even after the coming into force of subsection 425(1) of the Budget Implementation Act 2018, No. 2.
(3) Subsection 396(9) of the Act is replaced by the following:
Marginal note:Restriction
(9) The Board has, in relation to complaints referred to in this section, the power to make any order that a member or panel may make under section 53 of the Canadian Human Rights Act, except that no monetary remedy may be granted by the Board in respect of the complaint other than a lump sum payment, and the payment may be only in respect of a period that ends on or before the day on which subsection 425(1) of the Budget Implementation Act, 2018, No. 2 comes into force.
(4) Section 396 of the Act is repealed.
432 Sections 397 to 399 of the Act are repealed.
433 Sections 401 to 404 of the Act are repealed.
434 Section 406 of the Act is repealed.
2013, c. 40Economic Action Plan 2013 Act, No. 2
435 Subsection 307(2) of the Economic Action Plan 2013 Act, No. 2 is repealed.
436 Subsection 316(2) of the Act is repealed.
437 Subsection 364(1) of the Act is repealed.
438 Section 445 of the Act is repealed.
Coordinating Amendments
Marginal note:Bill C-81
439 (1) Subsections (2) to (4) apply if Bill C-81, introduced in the 1st session of the 42nd Parliament and entitled the Accessible Canada Act (in this section referred to as the “other Act”), receives royal assent.
(2) On the first day on which both section 148 of the other Act and section 419 of this Act are in force, subsections 26(1) and (2) of the Canadian Human Rights Act are replaced by the following:
Marginal note:Commission established
26 (1) A commission is established to be known as the Canadian Human Rights Commission, in this Act referred to as the “Commission”, consisting of a Chief Commissioner, a Deputy Chief Commissioner, members referred to as the “Accessibility Commissioner” and the “Pay Equity Commissioner” and not less than three or more than six other members, to be appointed by the Governor in Council.
Marginal note:Members
(2) The Chief Commissioner, the Deputy Chief Commissioner, the Accessibility Commissioner and the Pay Equity Commissioner are full-time members of the Commission and the other members may be appointed as full-time or part-time members of the Commission.
(3) On the first day on which both section 151 of the other Act and section 420 of this Act are in force, section 32.1 of the Canadian Human Rights Act, as enacted by section 420 of this Act, is renumbered as section 32.2 and is repositioned accordingly if required.
(4) On the first day on which both section 152 of the other Act and section 423 of this Act are in force, sections 38.1 and 38.2 of the Canadian Human Rights Act, as enacted by section 423 of this Act, are renumbered as sections 38.3 and 38.4, respectively, and those sections — and the heading before that section 38.1, as enacted by section 423 of this Act — are repositioned accordingly if required.
Coming into Force
Marginal note:Order in council
440 (1) Sections 1 to 171 and 174 to 184 of the Pay Equity Act, as enacted by section 416, come into force on a day or days to be fixed by order of the Governor in Council.
Marginal note:Order in council
(2) Sections 172 and 173 of the Pay Equity Act, as enacted by section 416, come into force on a day to be fixed by order of the Governor in Council.
Marginal note:Order in council
(3) Sections 417 and 419 to 424, subsections 426(1) and (2), sections 428 to 430, subsections 431(1) to (4) and sections 432 to 438 come into force on a day or days to be fixed by order of the Governor in Council.
Marginal note:Order in council
(4) Subsection 425(1) comes into force on a day to be fixed by order of the Governor in Council, which day must be the same day as the day on which section 12 of the Pay Equity Act, as enacted by section 416, comes into force.
Marginal note:Order in council
(5) Subsection 425(2) and section 427 come into force on a day to be fixed by order of the Governor in Council, which day must be on or after the day on which subsection 425(1) comes into force and the day on which subsection 55(1) of the Pay Equity Act, as enacted by section 416, comes into force.
DIVISION 15Modernization of the Canada Labour Code
SUBDIVISION AR.S., c. L-2Canada Labour Code
Amendments to the Act
441 Subsections 132(2) and (3) of the Canada Labour Code are replaced by the following:
Marginal note:Consult health care practitioner
(2) The employee must consult with a health care practitioner, as defined in section 166, of her choice as soon as possible to establish whether continuing any of her current job functions poses a risk to her health or to that of the foetus or child.
Marginal note:Provision no longer applicable
(3) Without prejudice to any other right conferred by this Act, by a collective agreement or other agreement or by any terms and conditions of employment, once the health care practitioner has established whether there is a risk as described in subsection (1), the employee may no longer cease to perform her job under subsection (1).
442 (1) The definition qualified medical practitioner in section 166 of the Act is repealed.
(2) Section 166 of the Act is amended by adding the following in alphabetical order:
- health care practitioner
health care practitioner means a person lawfully entitled, under the laws of a province, to provide health services in the place in which they provide those services. (professionnel de la santé)
443 The Act is amended by adding the following after section 167:
Marginal note:Prohibition
167.1 An employer is prohibited from treating an employee as if they were not their employee in order to avoid their obligations under this Part or to deprive the employee of their rights under this Part.
Marginal note:Burden of proof
167.2 If, in any proceeding in respect of a complaint made under this Part, the employer alleges that the complainant is not their employee, the burden of proof is on the employer.
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