Budget Implementation Act, 2017, No. 1 (S.C. 2017, c. 20)

• 264 (1) Paragraph 207(1)(a) of the Act is replaced by the following:

  • (a) unless there is a valid reason for not doing so, give at least four weeks notice in writing to the employer before the day on which the leave is to begin; and

• (2) Subsection 207(2) of the Act is replaced by the following:

  • Marginal note:Exception — valid reason

    (1.1) If there is a valid reason for not providing notice in accordance with paragraph (1)(a), the employee shall notify the employer in writing as soon as possible that the employee intends to take a leave of absence.

  • Marginal note:Change in length of leave

    (2) Every employee who intends to take or who is on a leave of absence from employment under section 206 or 206.1 shall provide the employer with notice in writing of at least four weeks of any change in the length of leave intended to be taken, unless there is a valid reason why that notice cannot be given, in which case the employee shall provide the employer with notice in writing as soon as possible.

265 Subsection 207.2(4) of the Act is replaced by the following:

• 266 (1) Subsection 207.3(3) of the Act is replaced by the following:

  • Marginal note:Notice — leave of more than four weeks

    (3) If the length of the leave taken under any of sections 206.3 to 206.5 is more than four weeks, the notice in writing of any change in the length of the leave shall be provided on at least four weeks’ notice, unless there is a valid reason why that cannot be done.

• (2) Subsection 207.3(5) of the Act is replaced by the following:

  • Marginal note:Return to work postponed

    (5) If an employee who takes a leave of more than four weeks under any of sections 206.3 to 206.5 wishes to shorten the length of the leave but does not provide the employer with four weeks’ notice, the employer may postpone the employee’s return to work for a period of up to four weeks after the day on which the employee informs the employer of the new end date of the leave. If the employer informs the employee that their return to work is postponed, the employee is not entitled to return to work until the day that is indicated by the employer.

• 267 (1) Paragraph 209.4(a.1) of the Act is repealed.

• (2) Paragraphs 209.4(d) and (e) of the Act are replaced by the following:

  • (d) enlarging the meaning of care and support in subsections 206.3(1) and 206.4(1), and of critically ill adult and critically ill child in subsection 206.4(1);

  • (e) prescribing other persons to be included in the meanings of family member, medical doctor and nurse practitioner in subsections 206.3(1) and 206.4(1);

  • (e.1) adapting the terminology of the definitions of care, critically ill adult, critically ill child, family member, medical doctor, nurse practitioner and support in the regulations made under the Employment Insurance Act for the purposes of the definitions of those terms in subsections 206.3(1) and 206.4(1) of this Act;

• (3) Paragraph 209.4(g) of the Act is replaced by the following:

  • (g) prescribing shorter periods of consecutive months of continuous employment for the purposes of subsections 206(1), 206.1(1), 206.4(2) and (2.1) and 206.5(2) and (3);

Coordinating Amendments

Marginal note:2012, c. 27

• 268 (1) In this section, other Act means the Helping Families in Need Act.

• (2) If section 35 of the other Act produces its effects before section 260 of this Act comes into force, then, on the day on which that section 260 comes into force,

  • (a) subsection 206.1(1) of the Canada Labour Code is replaced by the following:

    Marginal note:Entitlement to leave

    • 206.1 (1) Subject to subsections (2) and (3), every employee who has completed six consecutive months of continuous employment with an employer is entitled to and shall be granted a leave of absence from employment of up to 63 weeks to care for

      • (a) a new-born child of the employee;

      • (b) a child who is in the care of the employee for the purpose of adoption under the laws governing adoption in the province in which the employee resides; or

      • (c) a child with respect to whom the employee meets the requirements of paragraph 23(1)(c) of the Employment Insurance Act.

  • (b) subsection 206.1(3) of the Canada Labour Code is replaced by the following:

    • Marginal note:Aggregate leave — two employees

      (3) The aggregate amount of leave that may be taken by two employees under this section in respect of the same event, as described in any of paragraphs (1)(a) to (c), shall not exceed 63 weeks.

• (3) If section 260 of this Act comes into force before section 35 of the other Act produces its effects, then, on the day on which that section 260 comes into force,

  • (a) that section 35 is replaced by the following:

    Marginal note:2000, c. 12

    35 On the day on which subsection 107(1) of the Modernization of Benefits and Obligations Act comes into force,

    • (a) subsections 206.1(1) and (2) of the Canada Labour Code are replaced by the following:

      Marginal note:Entitlement to leave

      • 206.1 (1) Subject to subsections (2) and (3), every employee who has completed six consecutive months of continuous employment with an employer is entitled to and shall be granted a leave of absence from employment of up to 63 weeks to care for

        • (a) a new-born child of the employee;

        • (b) a child who is in the care of the employee for the purpose of adoption under the laws governing adoption in the province in which the employee resides; or

        • (c) a child with respect to whom the employee meets the requirements of paragraph 23(1)(c) of the Employment Insurance Act.

      • Marginal note:Period when leave may be taken

        (2) The leave of absence granted under this section may only be taken during the 78-week period beginning

        • (a) in the case of a child described in paragraph (1)(a), at the option of the employee, on the day the child is born or comes into the actual care of the employee;

        • (b) in the case of a child described in paragraph (1)(b), on the day the child comes into the actual care of the employee; and

        • (c) in the case of a child described in paragraph (1)(c), on the day the requirements referred to in that paragraph are met.

  • (b) subsection 206.1(3) of the Canada Labour Code is replaced by the following:

    • Marginal note:Aggregate leave — two employees

      (3) The aggregate amount of leave that may be taken by two employees under this section in respect of the same event, as described in any of paragraphs (1)(a) to (c), shall not exceed 63 weeks.

  • (c) section 43 of the Budget Implementation Act, 2000 is repealed.

• (4) If section 35 of the other Act produces its effects on the day on which section 260 of this Act comes into force, then that section 35 is deemed to have produced its effects before that section 260 comes into force and subsection (2) applies as a consequence.