Budget Implementation Act, 2018, No. 2 (S.C. 2018, c. 27)

• 515 (1) Subsection 209(1) of the Act is amended by replacing the paragraph 209.4(a) that it enacts with the following:

  • (a) specifying the absences from employment that are considered not to have interrupted continuous employment referred to in any of sections 206, 206.1 and 206.4 to 206.8;

• (2) Subsection 209(2) of the Act is amended by replacing the paragraph 209.4(g) that it enacts with the following:

  • (g) prescribing shorter periods of consecutive months of continuous employment for the purposes of subsections 206(1), 206.1(1), 206.4(2) and (2.1), 206.5(2) and (3), 206.6(2), 206.7(2.1) and 206.8(1);

• (3) Subsection 209(3) of the Act is amended by replacing the paragraph 209.4(h.3) that it enacts with the following:

  • (h.3) prescribing documentation that the employer may request under any of subsections 206.6(4), 206.7(5) and 206.8(3);

• 516 (1) Subsection 215(1) of the Act is repealed.

• (2) Subsection 215(2) of the Act is amended by replacing the paragraph 246.1(1)(a) that it enacts with the following:

  • (a) the employer has taken action against the employee in contravention of subsection 173.01(5), 174.1(4) or 177.1(7) or of section 208, 209.3, 238, 239, 239.1 or 247.96;

Transitional Provisions

Marginal note:Section 179 of Canada Labour Code

517 Section 179 of the Canada Labour Code, as enacted by section 448 of this Act, applies to each person who, on the day on which that section 448 comes into force, is 17 years of age and is employed by an employer as if they were 18 years of age so long as they remain employed by that employer in the position they held on that day.

Marginal note:Section 182.1 of Canada Labour Code

518 If a collective agreement that is in effect on the day on which section 452 of this Act comes into force contains a provision that permits differences in rates of wages based on employment status and there is a conflict between that provision and section 182.1 of the Canada Labour Code, as enacted by that section 452, the provision of the collective agreement prevails to the extent of the conflict until the day that is two years after the day on which that section 452 comes into force.

Marginal note:Subsection 189(1.1) of Canada Labour Code

519 Subsection 189(1.1) of the Canada Labour Code applies only if the first day on which the second employer referred to in that subsection carries out the federal work, undertaking or business is on or after the day on which section 457 of this Act comes into force.

Marginal note:Section 203.2 of Canada Labour Code

520 If a collective agreement that is in effect on the day on which section 461 of this Act comes into force contains a provision that permits differences in rates of wages between employees of a temporary help agency and rates of wages paid to their client’s employees and there is a conflict between that provision and section 203.2 of the Canada Labour Code, as enacted by that section 461, the provision of the collective agreement prevails to the extent of the conflict until the day that is two years after the day on which that section 461 comes into force.

Marginal note:Group termination of employment

521 If an employer gives notice under subsection 212(1) of the Canada Labour Code before the day on which section 479 of this Act comes into force, Divisions IX and X of Part III of the Canada Labour Code, as they read on the day on which that notice was given, applies to the employer and to the employees affected by the terminations of employment set out in that notice.

Marginal note:Individual termination of employment

522 If an employer gives notice to an employee under paragraph 230(1)(a) of the Canada Labour Code before the day on which section 485 of this Act comes into force, Division X of Part III of the Canada Labour Code, as it read immediately before that coming into force, applies to the employer and to the employee in respect of that individual termination of employment.

Marginal note:Reimbursement of work-related expenses

523 Division XII.1 of the Canada Labour Code applies only in respect of expenses incurred on or after the day on which section 486 of this Act comes into force.

Marginal note:Section 239 of Canada Labour Code

524 If section 487 of this Act comes into force during an employee’s absence under Division XIII of the Canada Labour Code, section 239 of the Canada Labour Code, as it read immediately before the coming into force of that section 487, applies in respect of that absence.

Marginal note:Subsection 247.5(1.1) of Canada Labour Code

525 Subsection 247.5(1.1) of the Canada Labour Code applies only in respect of leaves that begin on or after the day on which section 494 of this Act comes into force.

Marginal note:Complaints — subsection 247.99(1) of Canada Labour Code

526 The Canada Labour Code, as it read immediately before the day on which section 496 of this Act comes into force, applies with respect to any complaint made before that day under subsection 247.99(1) of the Canada Labour Code.

Marginal note:Subsection 253.1(1) of Canada Labour Code

527 An employer must, within 90 days after the later of the day on which section 502 of this Act comes into force and the day on which materials are first made available under subsection 253.1(1) of the Canada Labour Code, provide their employees with a copy of the materials referred to in that subsection.

Marginal note:Subsection 253.2(4) of Canada Labour Code

528 If, before the day on which the first regulation made under subsection 253.2(4) of the Canada Labour Code, as enacted by section 502 of this Act, comes into force, an employer has not provided an employee with a written statement containing the information set out in the regulation, the employer must, within 90 days after that coming into force, provide the employee with such a statement.

Coordinating Amendments

Marginal note:2000, c. 14

• 529 (1) In this section, other Act means the Budget Implementation Act, 2000.

• (2) Section 43 of the other Act is repealed.

• (3) If section 43 of the other Act produces its effects before this section comes into force, then this section is deemed never to have come into force and is repealed.

• (4) If section 43 of the other Act produces its effects on the same day as this section, then this section is deemed to have produced its effects before that section 43.

Marginal note:2012, c. 27

• 530 (1) In this section, other Act means the Helping Families in Need Act.

• (2) Paragraph 35(a) of the other Act is amended by replacing the portion of subsection 206.1(1) before paragraph (a) that it enacts with the following:

  Marginal note:Entitlement to leave

  • 206.1 (1) Subject to subsections (2) and (3), every employee is entitled to and shall be granted a leave of absence from employment of up to 63 weeks to care for

• (3) Paragraph 35(c) of the other Act is repealed.

• (4) If section 35 of the other Act produces its effects before this section comes into force, then

  • (a) this section is deemed never to have come into force and is repealed; and

  • (b) the portion of subsection 206.1(1) of the Canada Labour Code before paragraph (a) is replaced by the following:

    Marginal note:Entitlement to leave

    • 206.1 (1) Subject to subsections (2) and (3), every employee is entitled to and shall be granted a leave of absence from employment of up to 63 weeks to care for

• (5) If section 35 of the other Act produces its effects on the same day as this section, then this section is deemed to have produced its effects before that section 35.