PART IIIStandard Hours, Wages, Vacations and Holidays (continued)
DIVISION VIIMaternity-related Reassignment and Leave and Other Leaves (continued)
Marginal note:Application of section 189
209.5 Section 189 applies for the purposes of this Division.
- R.S., 1985, c. 9 (1st Supp.), s. 10
DIVISION VIIIBereavement Leave
Marginal note:Employee entitled
210 (1) Every employee is entitled to and shall be granted, in the event of the death of a member of their immediate family, a leave of absence from employment of up to five days that may be taken during the period that begins on the day on which the death occurs and ends six weeks after the latest of the days on which any funeral, burial or memorial service of that immediate family member occurs.
(1.1) At the request of the employee, the employer may extend, in writing, the period during which the leave of absence from employment may be taken.
Marginal note:Division of leave
(1.2) The leave of absence may be taken in one or two periods. The employer may require that any period of leave be of not less than one day’s duration.
Marginal note:Notice to employer
(1.3) Every employee who takes the leave of absence shall, as soon as possible, provide the employer with written notice of the beginning of any period of leave of absence and of the length of that leave.
Marginal note:Bereavement leave with pay
(2) If the employee has completed three consecutive months of continuous employment with the employer, the employee is entitled to the first three days of the leave with pay at their regular rate of wages for their normal hours of work, and such pay shall for all purposes be considered to be wages.
(3) The Governor in Council may make regulations
(a) defining the expression “immediate family” for the purposes of subsection (1);
(b) defining the expressions “regular rate of wages” and “normal hours of work” for the purposes of subsection (2); and
(c) for the purposes of this Division, defining the absences from employment that shall be deemed not to have interrupted continuity of employment.
Marginal note:Application of section 189
(4) Section 189 applies for the purposes of this Division.
- R.S., 1985, c. L-2, s. 210
- 2017, c. 33, s. 210
DIVISION IXGroup Termination of Employment
211 In this Division,
- joint planning committee
joint planning committee means a committee established pursuant to section 214; (comité mixte)
- redundant employee
redundant employee means an employee whose employment is to be terminated pursuant to a notice under section 212; (surnuméraire)
- trade union
trade union means a trade union that is certified under Part I to represent any redundant employee or that is recognized by an employer of any redundant employee as the bargaining agent for that employee. (syndicat)
- 1980-81-82-83, c. 89, s. 31
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.
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.
Marginal note:Contents of notice
(3) A notice referred to in subsection (1) shall set out
Marginal note:Where employer deemed to terminate employment
(4) Except where otherwise prescribed by regulation, an employer shall, for the purposes of this Division, be deemed to have terminated the employment of an employee where the employer lays off that employee.
- R.S., 1985, c. L-2, s. 212
- 1996, c. 11, s. 67
- 2005, c. 34, s. 80
- 2013, c. 40, s. 238
- 2018, c. 27, s. 574
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.
- R.S., 1985, c. L-2, s. 213
- 1996, c. 11, s. 99
- 2018, c. 27, s. 575
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.
Marginal note:Minimum number of members
(2) A joint planning committee established under subsection (1) shall consist of at least four members.
Marginal note:Appointment of members
(3) At least half of the members of a joint planning committee shall be appointed, in accordance with subsections 215(1), (2) and (3), as representatives of the redundant employees and the rest of the members shall be appointed, in accordance with subsection 215(5), as representatives of the employer.
- R.S., 1985, c. L-2, s. 214
- 2018, c. 27, s. 576
Marginal note:Employee representatives
215 (1) Where all redundant employees are represented by a trade union or trade unions, each trade union is entitled to appoint at least one member of the joint planning committee as a representative of the redundant employees it represents.
(2) Where no redundant employees are represented by a trade union, the employees are entitled to appoint all the members of a joint planning committee who are to be their representatives.
(3) Where some but not all redundant employees are represented by a trade union or trade unions,
(a) each trade union is entitled to appoint at least one member of a joint planning committee as a representative of the redundant employees it represents; and
(b) the employees that are not represented by a trade union are entitled to appoint at least one member of a joint planning committee as their representative.
(4) Each person appointed as a member of a joint planning committee pursuant to subsection (2) or paragraph (3)(b) shall be elected by the redundant employees entitled to appoint the member.
Marginal note:Employer representatives
(5) An employer is entitled to appoint, as his representatives on a joint planning committee, a number of members not exceeding the number of members to be appointed to the committee pursuant to subsections (1), (2) and (3).
- 1980-81-82-83, c. 89, s. 32
- Date modified: