Budget Implementation Act, 2024, No. 1 (S.C. 2024, c. 17)

Marginal note:Presumption

• 123.2 (1) A person who is paid remuneration by an employer is presumed to be their employee unless the contrary is proved by the employer.

• Marginal note:Exception

  (2) The presumption does not apply for the purposes of a prosecution under this Part.

Marginal note:Burden of proof

123.3 If, in any proceeding under this Part other than a prosecution, or in any proceeding under Part IV in respect of a violation that is related to this Part, an employer alleges that a person is not their employee, the burden of proof is on the employer.

Marginal note:Prohibition

125.4 An employer is prohibited from treating an employee as if they were not their employee.

Marginal note:Presumption

• 167.01 (1) A person who is paid remuneration by an employer is presumed to be their employee unless the contrary is proved by the employer.

• Marginal note:Exception

  (2) The presumption does not apply for the purposes of a prosecution under this Part.

Marginal note:Prohibition

167.1 An employer is prohibited from treating an employee as if they were not their employee.

Marginal note:Burden of proof

167.2 If, in any proceeding under this Part other than a prosecution, or in any proceeding under Part IV in respect of a violation that is related to this Part, an employer alleges that a person is not their employee, the burden of proof is on the employer.

• (d) a time limit for filling a vacant health and safety representative position.

• (a) terminate the contravention within the time that the Head may specify; and

• (b.2) defining the expressions “shift” and “work period” for the purposes of sections 173.01 and 173.1;

DIVISION I.2Policy on Disconnecting — Work-related Communication

Marginal note:Policy

• 177.2 (1) On or before the first anniversary of the day on which an employer becomes subject to this section, the employer must bring into effect a policy that includes the following elements:

  • (a) a general rule respecting work-related communication outside of scheduled hours of work, including the employer’s expectations and any opportunity for employees to disconnect from means of communication;

  • (b) any exceptions to the rule and their underlying rationale;

  • (c) the effective date of the policy; and

  • (d) any other elements that may be prescribed by regulation.

• Marginal note:Exempted employees

  (2) The employer may exclude from the application of the policy any employees who are exempted from sections 169, 171 and 174 or who are referred to in subsection 167(2).

• Marginal note:Employees subject to collective agreement

  (3) If the parties to a collective agreement agree, in writing, that the agreement meets the requirements of subsection (1) with respect to some or all of the employees who are subject to the agreement, this Division does not apply with respect to those employees.

Marginal note:Duty to update

177.3 The employer must bring into effect an updated version of the policy on or before the third anniversary of the effective date of its previous version.

Marginal note:Duty to consult

• 177.4 (1) In the development and updating of its policy, the employer must consult employees and provide them with at least 90 days to provide their comments.

• Marginal note:Exception — excluded employees

  (2) The employer is not required to consult any employees referred to in subsection 177.2(2) that it intends to exclude from the application of the policy.

• Marginal note:Employees represented by trade union

  (3) If an employee to whom this Division applies is represented by a trade union, the employer must conduct the consultation through the trade union.

Marginal note:Record keeping

177.5 In accordance with any requirements prescribed by regulation, the employer must keep a record of information related to the consultation of employees and to the development and updating of the policy.

Marginal note:Duty to post policy

• 177.6 (1) On or before the effective date of the policy, the employer must post and keep posted a copy of it in readily accessible places where it is likely to be seen by the employees to whom it applies.

• Marginal note:Duty to provide policy

  (2) The employer must provide a copy of the policy in paper or electronic form to every employee to whom the policy applies within 30 days after the day on which it starts applying to them.

• Marginal note:Special needs

  (3) If an employee is affected by a condition that impairs their ability to receive the policy when it is provided by a method that would otherwise be sufficient under this Division, the employer must provide them with the policy by any method of communication that readily permits them to receive it, including braille, large print, audio recording, sign language and verbal communication.

Marginal note:Prohibition

177.61 It is prohibited for an employer or person acting on behalf of an employer to intimidate, dismiss, penalize, discipline or otherwise take reprisals against an employee, or threaten to take any such action against an employee, because the employee

• (a) asks the employer to comply with the policy;

• (b) makes inquiries about their rights under the policy;

• (c) files a complaint under the policy; or

• (d) exercises or attempts to exercise a right under the policy.

Marginal note:Act and regulations prevail

• 177.7 (1) For greater certainty, this Act and the regulations prevail over the policy to the extent of any inconsistency between them.

• Marginal note:Collective agreement

  (2) For greater certainty, in the event of any inconsistency between the policy and a provision of a collective agreement that applies to employees to whom this Division applies, the collective agreement prevails to the extent of the inconsistency.

Marginal note:Regulations

177.8 The Governor in Council may make regulations

• (a) prescribing the form of the policy for the purposes of subsection 177.2(1) and section 177.3;

• (b) prescribing, for the purposes of paragraph 177.2(1)(d), any other elements to be included in the policy, including any elements to be included in respect of one or more employees or classes of employees; and

• (c) prescribing the manner in which the policy is to be posted for the purposes of subsection 177.6(1).

• Marginal note:Clarification

  (1.01) The employer’s obligation to give and the employee’s right to receive notice or wages in lieu of notice under subsection (1) apply whether or not the employee has a right to avail themselves of any procedure for redress under this Part, including under subsection 240(1), with respect to the termination of their employment.

• Marginal note:Clarification

  (1.1) The employer’s obligation to pay and the employee’s right to receive the amount under subsection (1) apply whether or not the employee has a right to avail themselves of any procedure for redress under this Part, including under subsection 240(1), with respect to the termination of their employment.

• Marginal note:For greater certainty

  (1.01) For greater certainty, the fact that an employer complies with Divisions X and XI does not

  • (a) affect the employee’s rights under this Division; or

  • (b) prevent the Board from deciding under paragraph 242(3)(a) that the dismissal was unjust or from making any order under subsection 242(4), including a reinstatement order.

• Marginal note:Payments under subsection 230(1) or 235(1)

  (5) For greater certainty, in making an order for compensation under subsection (4) the Board may, among other things, take into account any amount paid by the employer to the employee under subsection 230(1) or 235(1).

• Marginal note:For greater certainty

  (1.1) For greater certainty, the fact that an employer complies with Divisions X and XI does not

  • (a) affect the employee’s rights under this Division; or

  • (b) prevent the Board from deciding under section 246.4 that the employer has taken a reprisal against them or from making any order under that section, including a reinstatement order.

• Marginal note:For greater certainty

  (1.1) For greater certainty, the fact that an employer complies with Divisions X and XI does not

  • (a) affect the employee’s rights under this Division; or

  • (b) prevent the Board from deciding under paragraph (7)(a) that the employer has taken action against the employee in contravention of subsection 247.98(4) or from making any order under subsection (8), including a reinstatement order.

• (g) specifying activities that are or are not considered work for the purposes of this Part or any of its Divisions or provisions;

• (g.1) defining expressions such as “disconnect”, “scheduled hours of work” and “work-related communication” for the purposes of this Part or any of its Divisions or provisions;