Budget Implementation Act, 2017, No. 1 (S.C. 2017, c. 20)
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Assented to 2017-06-22
PART 4Various Measures (continued)
DIVISION 17Labour and Employment Laws (continued)
2005, c. 47, s. 1Wage Earner Protection Program Act
378 Subsection 2(1) of the Wage Earner Protection Program Act is amended by adding the following in alphabetical order:
- Board
Board means the Canada Industrial Relations Board established by section 9 of the Canada Labour Code. (Conseil)
379 The heading before section 14 and sections 14 and 15 of the Act are replaced by the following:
Appeal to Board
Marginal note:Board
13.1 For the purposes of sections 14 to 20, the Board is considered to be composed of only the Chairperson and Vice-Chairpersons as its members.
Marginal note:Appeal on question of law or jurisdiction
14 (1) The applicant may appeal the decision made by the Minister under section 12 to the Board only on a question of law or jurisdiction.
Marginal note:Regulations
(2) The Board may make regulations respecting the period during which and the manner in which an appeal may be made.
Marginal note:Assignment or appointment
14.1 (1) The Chairperson of the Board may assign a member of the Board or appoint an external adjudicator to determine an appeal that comes before the Board.
Marginal note:Powers, duties and functions
(2) A member of the Board and an external adjudicator have all the powers, duties and functions that are conferred on the Board by this Act with respect to any matter that has been assigned to them or for which they have been appointed, as the case may be, other than the power referred to in subsection 14(2).
Marginal note:Decision of member or external adjudicator
(3) A decision made by a member of the Board or an external adjudicator under this Act is deemed to be a decision made by the Board.
Marginal note:Limitation of liability
(4) A member of the Board and an external adjudicator are not personally liable, either civilly or criminally, for anything done or omitted to be done by them in good faith in the exercise or purported exercise of any power, or in the performance or purported performance of any duty or function, conferred on them under this Act.
Marginal note:Remuneration and expenses — external adjudicator
(5) An external adjudicator shall be paid the remuneration and the fees that may be fixed by the Chairperson of the Board and is entitled to be paid reasonable travel and living expenses incurred by them in the course of their duties while absent from their ordinary place of residence.
Marginal note:Minister informed of appeal
15 (1) The Board shall inform the Minister in writing when an appeal is brought and provide him or her with a copy of the request for appeal.
Marginal note:Documents provided to Board
(2) The Minister shall, on request of the Board, provide to the Board a copy of any document that the Minister relied on for the purpose of making the decision being appealed.
Marginal note:Documents provided to Minister
(3) The Board shall, on request of the Minister, provide to the Minister a copy of any document that is filed with the Board in the appeal.
Marginal note:Power of Minister
(4) The Minister may, in an appeal, make representations to the Board in writing.
380 Sections 17 to 20 of the Act are replaced by the following:
Marginal note:Board’s decision
17 The Board may confirm, vary or rescind the decision made by the Minister under section 12. If the Board varies the decision, the Minister shall make any payment resulting from the variation.
Marginal note:Copies of decision
18 The Board shall send a copy of its decision, and the reasons for it, to each party to the appeal and to the Minister.
Marginal note:No review by certiorari, etc.
19 No order may be made to review, prohibit or restrain and no process entered or proceeding taken to question, review, prohibit or restrain in any court — whether by way of injunction, certiorari, prohibition, quo warranto or otherwise — an action of the Board under this Act.
Marginal note:Decision is final
20 The Board’s decision is final and shall not be questioned or reviewed in any court.
381 Paragraph 41(g) of the Act is replaced by the following:
(g) respecting the period during which and the manner in which a review may be requested under section 11;
Transitional Provisions
Marginal note:Appeals — subsection 146(1)
382 The Canada Labour Code, as it read immediately before the day on which this section comes into force, applies with respect to any appeal made before that day under subsection 146(1) of that Act.
Marginal note:Complaints — subsection 240(1)
383 The Canada Labour Code, as it read immediately before the day on which this section comes into force, applies with respect to any complaint made before that day under subsection 240(1) of that Act.
Marginal note:Complaints relating to reprisal
384 Division XIV.1 of Part III of the Canada Labour Code does not apply with respect to reprisals carried out before the day on which this section comes into force.
Marginal note:Evidence
385 Subsection 251(1.2) of the Canada Labour Code does not apply with respect to an inspection, carried out under Part III of that Act, that began before the day on which this section comes into force or that began as a result of a complaint made before that day under subsection 251.01(1) of that Act.
Marginal note:Compliance orders
386 Section 251.06 of the Canada Labour Code does not apply to contraventions committed before the day on which this section comes into force.
Marginal note:Review and appeal
387 The Canada Labour Code, as it read immediately before the day on which this section comes into force, applies with respect to any request for appeal made before that day under subsection 251.11(1) of that Act and any request for review that the Minister of Labour has decided, before that day, to treat as an appeal under subsection 251.101(7) of that Act.
Marginal note:Order to debtor of director of corporation
388 Subsection 251.13(1.1) of the Canada Labour Code does not apply with respect to a payment order issued as a result of an inspection, carried out under Part III of that Act, that began before the day on which this section comes into force or that began as a result of a complaint made before that day under subsection 251.01(1) of that Act.
Marginal note:Administrative fee
389 Section 251.131 of the Canada Labour Code does not apply with respect to
(a) a payment order issued as a result of an inspection, carried out under Part III of that Act, that began before the day on which this section comes into force or that began as a result of a complaint made before that day under subsection 251.01(1) of that Act; or
(b) a decision made under section 251.101 or 251.12 of that Act relating to the payment order.
Marginal note:Part IV of the Canada Labour Code
390 Part IV of the Canada Labour Code does not apply to violations committed before the day on which this section comes into force.
Marginal note:Appeals — eligibility to receive payments
391 The Wage Earner Protection Program Act, as it read immediately before the day on which this section comes into force, applies with respect to any appeal made before that day under section 14 of that Act.
Marginal note:Persons who occupy a position
392 (1) All of the persons who occupy a position within the Department of Employment and Social Development and carry out powers, duties or functions that are in whole or in part in support of or related to the powers, duties and functions of appeals officers under Part II of the Canada Labour Code or those of the Minister of Labour under sections 242, 251.11 and 251.12 of that Act immediately before the day on which this section comes into force occupy their position within the Administrative Tribunals Support Service of Canada beginning on a day to be fixed by order of the Governor in Council.
Marginal note:No change in status
(2) Nothing in subsection (1) is to be construed as affecting the status of such a person, except that the person, beginning on the day fixed by the order referred to in subsection (1), occupies their position within the Administrative Tribunals Support Service of Canada.
Marginal note:Transfer of money
(3) Any money that is appropriated by an Act of Parliament, for the fiscal year that includes the day fixed by the order referred to in subsection (1), to defray any charges and expenses of the Department of Employment and Social Development related to an appeal under Part II or III of the Canada Labour Code or to the powers, duties and functions of the Minister of Labour under sections 242, 251.11 and 251.12 of that Act and that is unexpended on that day is deemed, on that day, to be an amount appropriated to defray the charges and expenses of the Administrative Tribunals Support Service of Canada.
Marginal note:Persons who occupy a position
393 (1) All of the persons who occupy a position within the Department of Employment and Social Development and carry out powers, duties or functions that are in whole or in part in support of or related to the powers, duties and functions of the Minister of Labour under sections 14 to 20 of the Wage Earner Protection Program Act immediately before the day on which this section comes into force occupy their position within the Administrative Tribunals Support Service of Canada beginning on a day to be fixed by order of the Governor in Council.
Marginal note:No change in status
(2) Nothing in subsection (1) is to be construed as affecting the status of such a person, except that the person, beginning on the day fixed by the order referred to in subsection (1), occupies their position within the Administrative Tribunals Support Service of Canada.
Marginal note:Transfer of money
(3) Any money that is appropriated by an Act of Parliament, for the fiscal year that includes the day fixed by the order referred to in subsection (1), to defray any charges and expenses of the Department of Employment and Social Development related to an appeal under sections 14 to 20 of the Wage Earner Protection Program Act and that is unexpended on that day is deemed, on that day, to be an amount appropriated to defray the charges and expenses of the Administrative Tribunals Support Service of Canada.
Consequential Amendments
R.S., c. 33 (2nd Supp.)Parliamentary Employment and Staff Relations Act
394 Paragraph 88(b) of the Parliamentary Employment and Staff Relations Act is repealed.
R.S., c. 24 (3rd Supp.), Part III; 2012, c. 31, par. 282(a)Hazardous Materials Information Review Act
395 Paragraph 46(2)(c) of the Hazardous Materials Information Review Act is replaced by the following:
(c) any official of the Department of Employment and Social Development, the Canada Industrial Relations Board in the exercise of its powers or the performance of its duties or functions under Part II of the Canada Labour Code, other than the powers, duties and functions set out in sections 133 and 134 of that Act, or any person to whom powers, duties or functions have been delegated by the Minister of Labour under subsection 140(1) of that Act, or under an agreement entered into under subsection 140(2) of that Act, for the purposes of the administration or enforcement of Part II of that Act;
2003, c. 22, s. 2Public Service Labour Relations Act
396 (1) Subparagraph 240(a)(ii) of the Public Service Labour Relations Act is replaced by the following:
(ii) for the purposes of sections 133 and 134 of the Canada Labour Code, Board is to be read as a reference to the Public Service Labour Relations and Employment Board,
(2) Paragraph 240(b) of the Act is repealed.
2005, c. 46Public Servants Disclosure Protection Act
397 Paragraph 51(b) of the Public Servants Disclosure Protection Act is replaced by the following:
(b) the Canada Industrial Relations Board from considering a complaint under section 242 of the Canada Labour Code.
Coordinating Amendments
Marginal note:This Act
398 (1) If subsection 320(1) comes into force on the same day as subsection 320(2), then subsections 320(1), 322(1), 325(2), 329(2), 363(8) and 364(2) are deemed to have come into force before subsections 320(2), 322(2), 325(3), 329(3), 363(9) and 364(3).
(2) If subsection 356(1) comes into force on the same day as subsection 356(2), then subsection 356(1) is deemed to have come into force before subsection 356(2).
(3) If subsection 363(1) comes into force on the same day as subsection 363(2), then subsections 363(1) and (4) are deemed to have come into force before subsections 363(2), (5) and (6).
(4) If subsection 363(7) comes into force on the same day as subsection 363(8), then subsections 363(7) and 364(1) are deemed to have come into force before subsections 363(8) and 364(2).
(5) If section 369 comes into force on the same day as section 370, then section 369 is deemed to have come into force before section 370.
(6) If section 371 comes into force on the same day as section 372, then section 371 is deemed to have come into force before section 372.
(7) If section 372 comes into force on the same day as section 373, then section 372 is deemed to have come into force before section 373.
Marginal note:2010, c. 12
399 (1) In this section, other Act means the Jobs and Economic Growth Act.
(2) If subsection 338(1) of this Act comes into force before any of sections 2172 to 2177 of the other Act, then any of those sections 2172 to 2177 that is not in force on the day that subsection 338(1) comes into force is repealed.
(3) If subsection 338(1) of this Act comes into force on the same day as any of sections 2172 to 2177 of the other Act, then any of those sections that comes into force on that same day is deemed never to have come into force and is repealed.
Marginal note:2015, c. 36
400 On the first day on which section 375 of this Act and subsection 91(1) of the Economic Action Plan 2015 Act, No. 1 are in force, paragraph 256(1)(a) of the Canada Labour Code is replaced by the following:
(a) contravenes any provision of this Part or the regulations, other than a provision of Division IX, subsection 239.1(2), 239.2(1), 251.001(9) or 252(2) or any regulation made under section 227 or paragraph 264(1)(a) or (a.1);
Marginal note:Bill S-201
401 If Bill S-201, introduced in the 1st session of the 42nd Parliament and entitled the Genetic Non-Discrimination Act, receives royal assent, then, on the first day on which both section 8 of that Act and section 354 of this Act are in force,
(a) Section 247.99 of the Canada Labour Code is amended by adding the following after subsection (6):
Marginal note:Powers of adjudicator
(6.1) An adjudicator to whom a complaint has been referred under subsection (6)
(a) shall consider the complaint within such time as the Governor in Council may by regulation prescribe;
(b) shall determine the procedure to be followed, but shall give full opportunity to the parties to the complaint to present evidence and make submissions to the adjudicator and shall consider the information relating to the complaint; and
(c) has, in relation to any complaint before the adjudicator, the powers conferred on the Board, in relation to any proceeding before the Board, under paragraphs 16(a), (b) and (c).
(b) Subsection 247.99(9) of the Act is replaced by the following:
Marginal note:Decisions not to be reviewed by court
(9) Every order of an adjudicator appointed under subsection (6) is final and shall not be questioned or reviewed in any court.
Marginal note:No review by certiorari, etc.
(10) No order shall be made, process entered or proceeding taken in any court, whether by way of injunction, certiorari, prohibition, quo warranto or otherwise, to question, review, prohibit or restrain an adjudicator in any proceedings of the adjudicator under this section.
Marginal note:Enforcement of orders
(11) Any person affected by an order of an adjudicator under subsection (8), or the Minister on the request of any such person, may, after fourteen days from the date on which the order is made, or from the date provided in it for compliance, whichever is the later date, file in the Federal Court a copy of the order, exclusive of the reasons for it.
Marginal note:Registration
(12) On filing in the Federal Court under subsection (11), an order of an adjudicator shall be registered in the Court and, when registered, has the same force and effect, and all proceedings may be taken on it, as if the order were a judgment obtained in that Court.
Marginal note:Civil remedy
(13) No civil remedy of an employee against his employer is suspended or affected by the making of a complaint under this section.
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