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

Assented to 2018-12-13

PART 4Various Measures (continued)

DIVISION 15Modernization of the Canada Labour Code (continued)

SUBDIVISION BHead of Compliance and Enforcement (continued)

572 Subsection 177(2) of the Act is replaced by the following:

  • Marginal note:Reporting additional work

    (2) Where the maximum hours of work in an industrial establishment have been exceeded under the authority of subsection (1), the employer shall report in writing to the Head, and also to the trade union if the affected employees are subject to a collective agreement, within 15 days after the end of the month in which the maximum was exceeded, stating the nature of the circumstances in which the maximum was exceeded, the number of employees who worked in excess of the maximum and the number of additional hours each of them worked.

573 Subsection 182(2) of the Act is replaced by the following:

  • Marginal note:Report to Commission

    (2) If the Head has reasonable grounds at any time for believing that an employer is engaging or has engaged in a discriminatory practice described in subsection (1), the Head may notify the Canadian Human Rights Commission or file a complaint with that Commission under section 40 of the Canadian Human Rights Act.

  • 574 (1) Subsection 212(1) of the Act is replaced by the following:

    Marginal note:Notice of group termination

    • 212 (1) Any employer who terminates, either simultaneously or within any period not exceeding four weeks, the employment of a group of 50 or more employees employed by the employer within a particular industrial establishment, or of such lesser number of employees as prescribed by regulations applicable to the employer made under paragraph 227(b), shall, in addition to any notice required to be given under section 230, give notice to the Head, in writing, of his intention to so terminate at least 16 weeks before the date of termination of the employment of the employee in the group whose employment is first to be terminated.

  • (2) Subsection 212(2) of the Act is replaced by the following:

    • Marginal note:Copies of notice

      (2) A copy of any notice given to the Head under subsection (1) must be given immediately by the employer to the Minister of Employment and Social Development and the Canada Employment Insurance Commission and any trade union representing a redundant employee, and if any redundant employee is not represented by a trade union, a copy of that notice must be given to the employee or immediately posted by the employer in a conspicuous place within the industrial establishment in which that employee is employed.

575 Section 213 of the Act is replaced by the following:

Marginal note:Cooperation with Commission

  • 213 (1) An employer who gives notice to the Head under section 212 and any trade union to which a copy of that notice is given must give the Canada Employment Insurance Commission any information requested by it for the purpose of assisting any redundant employee and must cooperate with the Commission to facilitate the re-establishment in employment of that employee.

  • Marginal note:Statement of benefits

    (2) An employer who gives notice to the Head under section 212 shall give each redundant employee, as soon as possible after the notice is so given but in any case not later than two weeks before the date of the termination of the employment of the employee, a statement in writing setting out, as at the date of the statement, his vacation benefits, wages, severance pay and any other benefits and pay arising from his employment with that employer.

576 Subsection 214(1) of the Act is replaced by the following:

Marginal note:Establishment of joint planning committee

  • 214 (1) An employer who gives notice to the Head under section 212 must, as soon as possible after giving the notice, establish a joint planning committee consisting of any number of members that is required or permitted by this section and sections 215 and 217.

577 Sections 216 and 217 of the Act are replaced by the following:

Marginal note:Time for appointment

216 The members of a joint planning committee must be appointed and must convene for their first sitting within two weeks after the date of the notice given to the Head under section 212.

Marginal note:Failure to appoint

217 If a trade union fails, or redundant employees fail, to appoint a member to a joint planning committee as provided in sections 214 and 215, the Head may, on application of any redundant employee, appoint a member to the committee in lieu of that trade union or those employees, as the case may be, and that member is a representative of the redundant employees represented by the trade union or of the redundant employees who failed to appoint the member, as the case may be.

578 The portion of subsection 222(2) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Head

    (2) The Head may

  • 579 (1) Subsection 240(1) of the Act is replaced by the following:

    Marginal note:Complaint

    • 240 (1) Subject to subsections (2) and 242(3.1), a person who has been dismissed and considers the dismissal to be unjust may make a complaint in writing to the Head if the employee

      • (a) has completed 12 consecutive months of continuous employment by an employer; and

      • (b) is not a member of a group of employees subject to a collective agreement.

  • (2) The portion of subsection 240(3) of the Act before paragraph (b) is replaced by the following:

    • Marginal note:Extension of time

      (3) The Head may extend the period set out in subsection (2)

      • (a) if the Head is satisfied that a complaint was made in that period to a government official who had no authority to deal with the complaint but that the person making the complaint believed the official had that authority; or

580 Section 241 of the Act is replaced by the following:

Marginal note:Reasons for dismissal

  • 241 (1) If an employer dismisses a person described in subsection 240(1), the person who was dismissed or the Head may make a request in writing to the employer to provide a written statement giving the reasons for the dismissal, and any employer who receives such a request must provide the person who made the request with such a statement within 15 days after the request is made.

  • Marginal note:Head to assist parties

    (2) On receipt of a complaint made under subsection 240(1), the Head must endeavour to assist the parties to the complaint to settle the complaint.

  • Marginal note:Complaint not settled within reasonable time

    (3) If a complaint is not settled under subsection (2) within the period that the Head considers to be reasonable in the circumstances, the Head must, on the written request of the person who made the complaint that the complaint be referred to the Board, deliver to the Board the complaint made under subsection 240(1), any written statement giving the reasons for the dismissal provided under subsection (1) and any other statements or documents that the Head has that relate to the complaint.

  • Marginal note:Notice

    (4) If the person who made the complaint does not reply to a written communication from the Head within a period that the Head considers to be reasonable in the circumstances and a period of at least 30 days, or any longer period that may be prescribed by regulation, have elapsed from the day on which the complaint was made, the Head may give written notice to the person who made the complaint that they have the period of 30 days, or any longer period that may be prescribed by regulation, set out in the notice to make a written request that the complaint be referred to the Board.

  • Marginal note:Time limit

    (5) Subject to the regulations, if the person who made the complaint does not, within the period set out in the notice, make a written request that the complaint be referred to the Board, the Head may deem the complaint to be withdrawn.

581 Subsection 244(1) of the Act is replaced by the following:

Marginal note:Enforcement of orders

  • 244 (1) Any person affected by an order of the Board under subsection 242(4), or the Head on the request of such a person, may, after 14 days from the day on which the order is made, or from the day provided in the order for compliance, whichever is later, file in the Federal Court a copy of the order, exclusive of reasons.

582 Subparagraph 246.1(1)(b)(ii) of the Act is replaced by the following:

  • (ii) has provided information regarding the wages, hours of work, annual vacation or conditions of work of any employee to the Head or provided any other assistance to the Minister or the Head in the exercise or performance of the Minister’s or the Head’s powers, duties and functions under this Part

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