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

Marginal note:2018, c. 22

• 623 (1) In this section, other Act means An Act to amend the Canada Labour Code (harassment and violence), the Parliamentary Employment and Staff Relations Act and the Budget Implementation Act, 2017, No. 1, chapter 22 of the Statutes of Canada, 2018.

• (2) On the first day on which both subsection 3(1) of the other Act and subsection 537(1) of this Act are in force, subparagraph 125(1)(d)(iii) of the Canada Labour Code is replaced by the following:

  • (iii) any other information related to health and safety that is prescribed or that may be specified by the Head;

• (3) On the first day on which both subsection 3(4) of the other Act and section 535 of this Act are in force, subsection 125(5) of the Canada Labour Code is replaced by the following:

  • Marginal note:Extension

    (5) On application by a former employee, the Head may, in the prescribed circumstances, extend the time period referred to in subsection (4).

• (4) If subsection 5(4) of the other Act comes into force before subsection 540(2) of this Act, then that subsection 540(2) is deemed never to have come into force and is repealed and, on the day on which section 535 of this Act comes into force,

  • (a) the portion of subsection 127.1(9) before paragraph (a) of the Canada Labour Code is replaced by the following;

    • Marginal note:Investigation

      (9) The Head shall investigate the complaint referred to in subsection (8) unless it relates to an occurrence of harassment and violence and the Head is of the opinion that

  • (b) subsections 127.1(9.1) and (9.2) of the Canada Labour Code are replaced by the following;

    • Marginal note:Notice

      (9.‍1) If the Head is of the opinion that the conditions described in paragraph (9)‍(a) or (b) are met, the Head shall inform the employer and the employee in writing, as soon as feasible, that the Head will not investigate.

    • Marginal note:Combining investigations — harassment and violence

      (9.2) The Head may combine an investigation into a complaint relating to an occurrence of harassment and violence with an ongoing investigation relating to the same employer and involving substantially the same issues and, in that case, the Head may issue a single decision.

• (5) If subsection 540(2) of this Act comes into force before subsection 5(4) of the other Act, then that subsection 5(4) is amended by

  • (a) replacing the portion of the subsection 127.1(9) that it enacts before paragraph (a) with the following;

    • Marginal note:Investigation

      (9) The Head shall investigate the complaint referred to in subsection (8) unless it relates to an occurrence of harassment and violence and the Head is of the opinion that

  • (b) replacing the subsections 127.1(9.1) and (9.2) that it enacts with the following;

    • Marginal note:Notice

      (9.‍1) If the Head is of the opinion that the conditions described in paragraph (9)‍(a) or (b) are met, the Head shall inform the employer and the employee in writing, as soon as feasible, that the Head will not investigate.

    • Marginal note:Combining investigations — harassment and violence

      (9.2) The Head may combine an investigation into a complaint relating to an occurrence of harassment and violence with an ongoing investigation relating to the same employer and involving substantially the same issues and, in that case, the Head may issue a single decision.

• (6) If subsection 5(4) of the other Act and subsection 540(2) of this Act come into force on the same day, then that subsection 540(2) is deemed to have come into force before that subsection 5(4) and subsection (5) applies as a consequence.

• (7) On the first day on which both subsection 5(5) of the other Act and section 535 of this Act are in force, subsection 127.1(13) of the Canada Labour Code is replaced by the following:

  • Marginal note:Extension

    (13) On application by a former employee, the Head may, in the prescribed circumstances, extend the time period referred to in subsection (12).

• (8) On the first day on which both subsection 7(2) of the other Act and subsection 547(1) of this Act are in force, paragraph 135(6)(a) of the Canada Labour Code is replaced by the following:

  • (a) at an employer’s request, the Head may, in writing, exempt the employer from the requirements of subsection (1) in respect of that work place;

• (9) On the first day on which both subsection 7(3) of the other Act and section 535 of this Act are in force, subsection 135(6.1) of the Canada Labour Code is replaced by the following:

  • Marginal note:Posting of request

    (6.1) A request for an exemption must be posted in a conspicuous place or places where it is likely to come to the attention of employees, and be kept posted until the employees are informed of the Head’s decision in respect of the request.

• (10) On the first day on which both section 8 of the other Act and section 535 of this Act are in force, subsection 135.11(1) of the Canada Labour Code is replaced by the following:

  Marginal note:Information likely to reveal identity

  • 135.‍11 (1) Neither the Head nor an employer shall, without the person’s consent, provide, under this Part, a policy committee or a work place committee with any information that is likely to reveal the identity of a person who was involved in an occurrence of harassment and violence in the work place. Neither a policy committee nor a work place committee shall have access to that information without the person’s consent.

• (11) On the first day on which both section 11 of the other Act and section 535 of this Act are in force, subsection 136.1(1) of the Canada Labour Code is replaced by the following:

  Marginal note:Information likely to reveal identity

  • 136.1 (1) Neither the Head nor an employer shall, without the person’s consent, provide, under this Part, a health and safety representative with any information that is likely to reveal the identity of a person who was involved in an occurrence of harassment and violence in the work place. A health and safety representative shall not have access to that information without the person’s consent.

• (12) On the first day on which both section 12 of the other Act and subsection 553(2) of this Act are in force, subsection 140(3) of the Canada Labour Code is replaced by the following:

  • Marginal note:Exception

    (3) The powers, duties or functions provided for in section 130, subsections 137.‍1(1) to (2.‍1) and (7) to (9), 137.‍2(4), 138(1) to (2) and (4) to (6), 140(1) to (2) and (4), 144(1) and 149(1), sections 152 and 155 and subsections 156.‍1(1), 157(3) and 159(2) shall not be the subject of an agreement under subsection (2).

• (13) On the first day on which both section 13 of the other Act and section 561 of this Act are in force, section 145.1 of the Canada Labour Code is replaced by the following:

  Marginal note:Powers, duties and functions

  145.1 For the purposes of sections 146 to 146.‍5, the Board has all of the powers, duties and functions of the Minister and the Head under this Part, except for those referred to in section 130, subsections 135(6), 137.‍1(1) to (2.‍1) and (7) to (9), 137.‍2(4), 138(1) to (2) and (4) to (6), section 139, subsections 140(1) to (2) and (4) and 144(1), section 146.‍01, subsection 149(1), sections 152 and 155 and subsections 156.‍1(1), 157(3) and 159(2).

• (14) On the first day on which both section 21 of the other Act and section 535 of this Act are in force, the portion of section 88.1 of the Parliamentary Employment and Staff Relations Act before paragraph (a) is replaced by the following:

  Marginal note:Head to notify Speakers

  88.1 The Head, as defined in section 2 of the Canada Labour Code, shall notify the Speaker of the Senate or the Speaker of the House of Commons, or both, of the Head’s intention to enter, under subsection 141(1) of the Canada Labour Code, a work place controlled by an employer. The Head shall also notify the Speaker of the Senate or the Speaker of the House of Commons, or both, as soon as possible after the Head