Canada Labour Code (R.S.C., 1985, c. L-2)

Marginal note:Right to notice of employment opportunities

210.1 An employee who takes a leave of absence from employment under this Division is entitled, on written request, to be informed in writing of every employment, promotion or training opportunity that arises during the period when the employee is on the leave of absence and for which the employee is qualified, and on receiving the request, every employer of the employee shall inform the employee accordingly.

Marginal note:Resumption of employment in same position

• 210.2 (1) An employee who takes a leave of absence from employment under this Division is entitled to be reinstated in the position that the employee occupied when the leave of absence commenced, and the employer of the employee shall reinstate the employee in that position at the end of the leave.

• Marginal note:Comparable position

  (2) If for any valid reason an employer cannot reinstate an employee in the position referred to in subsection (1), the employer shall reinstate the employee in a comparable position with the same wages and benefits and in the same location.

• Marginal note:Wages and benefits affected by reorganization

  (3) If an employee takes leave under this Division and, during the period of that leave, the wages and benefits of the group of employees of which that employee is a member are changed as part of a plan to reorganize the industrial establishment in which that group is employed, that employee is entitled, on being reinstated in employment under this section, to receive the wages and benefits in respect of that employment that the employee would have been entitled to receive had they been working when the reorganization took place.

• Marginal note:Notice of changes in wages and benefits

  (4) The employer of every employee who is on a leave of absence under this Division and whose wages and benefits would be changed as a result of a reorganization referred to in subsection (3) shall notify the employee in writing of that change as soon as possible.

Marginal note:Right to benefits

• 210.3 (1) The pension, health and disability benefits and the seniority of any employee who takes a leave of absence from employment under this Division accumulate during the entire period of the leave.

• Marginal note:Contributions by employee

  (2) If contributions are required from an employee in order for the employee to be entitled to a benefit referred to in subsection (1), the employee is responsible for and shall, within a reasonable time, pay those contributions for the period of any leave of absence under this Division unless, before or within a reasonable time after taking the leave, the employee notifies the employer of the employee’s intention to discontinue contributions during that period.

• Marginal note:Contributions by employer

  (3) An employer who pays contributions in respect of a benefit referred to in subsection (1) shall continue to pay those contributions during an employee’s leave of absence under this Division in at least the same proportion as if the employee were not on leave unless the employee does not pay the employee’s contributions, if any, within a reasonable time.

• Marginal note:Failure to pay contributions

  (4) For the purposes of calculating the pension, health and disability benefits of an employee in respect of whom contributions have not been paid as required under subsections (2) and (3), the benefits do not accumulate during the leave of absence and employment on the employee’s return to work is deemed to be continuous with employment before the employee’s absence.

• Marginal note:Deemed continuous employment

  (5) For the purposes of calculating benefits, other than benefits referred to in subsection (1), of an employee who takes a leave of absence under this Division, employment on the employee’s return to work is deemed to be continuous with employment before the employee’s absence.

Marginal note:Effect of leave

210.4 Despite the provisions of any income-replacement scheme or any insurance plan in force at the workplace, an employee who takes a leave of absence from employment under this Division is entitled to benefits under the scheme or plan on the same terms as any employee who is absent from work for health-related reasons and is entitled to benefits under the scheme or plan.

Marginal note:Prohibition

210.5 No employer shall

• (a) dismiss, suspend, lay off, demote or discipline an employee because the employee applies for, intends to take or has taken a leave of absence from employment under this Division; or

• (b) take into account the fact that an employee applies for, intends to take or has taken a leave of absence from employment under this Division in any decision to promote or train that employee.

Marginal note:Regulations

210.6 The Governor in Council may make regulations

• (a) defining the expression “immediate family” for the purposes of subsection 210(1);

• (b) for the purposes of subsection 210(2),

  • (i) defining the expressions “regular rate of wages” and “normal hours of work”, and

  • (ii) prescribing shorter periods of consecutive months of continuous employment;

• (c) specifying what does not constitute a valid reason for not reinstating an employee in the position referred to in subsection 210.2(2);

• (d) for the purposes of this Division, specifying the absences from employment that are deemed not to have interrupted continuity of employment;

• (e) specifying the circumstances in which a leave under this Division may be interrupted; and

• (f) extending the period within which a leave under this Division may be taken.

DIVISION IXGroup Termination of Employment

Marginal note:Definitions

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)

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

  • (a) the date or dates on which the employer intends to terminate the employment of any one or more employees;

  • (b) the estimated number of employees in each occupational classification whose employment will be terminated; and

  • (c) such other information as is prescribed by the regulations.

• 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.

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.

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.

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.

• Marginal note:Idem

  (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.

• Marginal note:Idem

  (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.

• Marginal note:Election

  (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).

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.

Marginal note:Notice of membership

218 On completion of the appointment of the members of a joint planning committee, the employer shall post the names of those members in a conspicuous place within the industrial establishment in which the redundant employees are employed.

Marginal note:Procedure

• 219 (1) Subject to this Division, a joint planning committee may determine its own procedure.

• Marginal note:Co-chairpersons

  (2) The members of a joint planning committee shall elect from among themselves two co-chairpersons, one being a representative of the redundant employees selected by their representatives and the other being a representative of the employer selected by his representatives.

• Marginal note:Sittings

  (3) The co-chairpersons of a joint planning committee may, after consultation with the other members of the committee, fix the time and place of its sittings and shall notify the members of the time and place so fixed.

• Marginal note:Quorum

  (4) A majority of the members of a joint planning committee in office, at least half of which majority are representatives of the redundant employees, constitutes a quorum, but the members shall not proceed in the absence of any member of the committee at any sitting unless the absent member has been given reasonable notice of the sitting.

• Marginal note:Vacancy

  (5) Where any vacancy occurs in the membership of a joint planning committee before the committee has completed its work, the vacancy shall be filled forthwith in the manner provided in this Division for the selection of the person who vacated that membership.

• Marginal note:Idem

  (6) A vacancy in the membership of a joint planning committee does not invalidate the constitution of the committee or impair the right of the members of the committee in office to act, if the number of those members is not less than a quorum.

• Marginal note:Decision

  (7) A decision or other act or thing taken or done by a majority of the members of a joint planning committee present at a sitting of the committee, if the members present constitute a quorum, shall be deemed to have been taken or done by the committee.