Budget Implementation Act, 2018, No. 2 (S.C. 2018, c. 27)
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Assented to 2018-12-13
PART 4Various Measures (continued)
DIVISION 15Modernization of the Canada Labour Code (continued)
SUBDIVISION AR.S., c. L-2Canada Labour Code (continued)
464 (1) Subsections 205(3) and (4) of the Act are replaced by the following:
Marginal note:Onus of proof
(3) The onus is on the employer to show that a modification of job functions or a reassignment that would avoid the activities or conditions indicated in the certificate issued under subsection 204(2) is not reasonably practicable.
Marginal note:Employee to be informed
(4) If the employer concludes that a modification of job functions or a reassignment that would avoid the activities or conditions indicated in the certificate is not reasonably practicable, the employer shall so inform the employee in writing.
(2) Subsection 205(6) of the Act is replaced by the following:
Marginal note:Employee’s right to leave
(6) An employee referred to in subsection (4) is entitled to and shall be granted a leave of absence for the duration of the risk as indicated in the certificate.
465 Sections 205.1 and 205.2 of the Act are replaced by the following:
Marginal note:Entitlement to leave
205.1 An employee who is pregnant or nursing is entitled to and shall be granted a leave of absence during the period from the beginning of the pregnancy to the end of the twenty-fourth week following the birth, if she provides the employer with a certificate issued by a health care practitioner of her choice indicating that she is unable to work by reason of the pregnancy or nursing and indicating the duration of that inability.
Marginal note:Employee’s duty to inform employer
205.2 An employee whose job functions have been modified, who has been reassigned or who is on a leave of absence shall give at least two weeks’ notice in writing to the employer of any change in the duration of the risk or in the inability as indicated in the certificate issued by a health care practitioner, unless there is a valid reason why that notice cannot be given, and the notice must be accompanied by a new certificate.
466 Subsection 206(1) of the Act is replaced by the following:
Marginal note:Entitlement to leave
206 (1) Every employee is entitled to and shall be granted a leave of absence from employment of up to 17 weeks, which leave may begin not earlier than 13 weeks prior to the estimated date of her confinement and end not later than 17 weeks following the actual date of her confinement, if the employee provides her employer with a certificate of a health care practitioner certifying that she is pregnant.
467 (1) Subsection 206.1(1) of the Act is replaced by the following:
Marginal note:Entitlement to leave
206.1 (1) Subject to subsections (2) and (3), every employee is entitled to and shall be granted a leave of absence from employment of up to 63 weeks to care for a newborn child of the employee or 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.
(2) Subsection 206.1(2.1) of the Act is replaced by the following:
Marginal note:Extension of period
(2.1) The period referred to in subsection (2) is extended by the number of weeks during which the employee is on leave under any of sections 206.3 to 206.5 and 206.9, is absent due to a reason referred to in subsection 239(1) or 239.1(1) or is on leave under any of paragraphs 247.5(1)(a), (b) and (d) to (g).
(3) Subsection 206.1(2.4) of the Act is replaced by the following:
Marginal note:Interruption
(2.4) The employee may interrupt the leave referred to in subsection (1) in order to permit the employee to take leave under any of sections 206.3 to 206.5 and 206.9, to be absent due to a reason referred to in subsection 239(1) or 239.1(1) or to take leave under any of paragraphs 247.5(1)(a), (b) and (d) to (g).
(4) Subsection 206.1(4) of the Act is replaced by the following:
Marginal note:Exception — medical leave
(4) Except to the extent that it is inconsistent with subsection 239(7), section 209.1 applies to an employee who interrupted the leave referred to in subsection (1) in order to be absent due to a reason referred to in subsection 239(1).
468 (1) Subsection 206.3(1) of the Act is replaced by the following:
Marginal note:Definitions
206.3 (1) For the purposes of this section, care, family member and support have, subject to the regulations, the same meanings as in the regulations made under the Employment Insurance Act and week means the period between midnight on Saturday and midnight on the immediately following Saturday.
(2) The portion of subsection 206.3(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Entitlement to leave
(2) Subject to subsections (3) to (8), every employee is entitled to and shall be granted a leave of absence from employment of up to 28 weeks to provide care or support to a family member of the employee if a health care practitioner issues a certificate stating that the family member has a serious medical condition with a significant risk of death within 26 weeks from
(3) Subsection 206.3(2.1) of the Act is repealed.
(4) Subsection 206.3(3.1) of the English version of the Act is replaced by the following:
Marginal note:Certificate not necessary
(3.1) For greater certainty, but subject to subsection (3), for leave under this section to be taken after the end of the period of 26 weeks set out in subsection (2), it is not necessary for a health care practitioner to issue an additional certificate under that subsection (2).
469 (1) Subsection 206.4(1) of the Act is replaced by the following:
Marginal note:Definitions
206.4 (1) For the purposes of this section, care, critically ill adult, critically ill child, family member and support have, subject to the regulations, the same meanings as in the regulations made under the Employment Insurance Act and week has the same meaning as in subsection 206.3(1).
(2) The portion of subsection 206.4(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Leave — 37 weeks
(2) Every employee who is a family member of a critically ill child is entitled to and shall be granted a leave of absence from employment of up to 37 weeks in order to care for or support that child if a health care practitioner has issued a certificate that
(3) The portion of subsection 206.4(2.1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Leave — 17 weeks
(2.1) Every employee who is a family member of a critically ill adult is entitled to and shall be granted a leave of absence from employment of up to 17 weeks in order to care for or support that adult if a health care practitioner has issued a certificate that
(4) Subsection 206.4(3) of the Act is repealed.
(5) Subparagraph 206.4(4)(a)(ii) of the Act is replaced by the following:
(ii) if the leave begins before the day on which the certificate is issued, the day from which the health care practitioner certifies that the child or adult, as the case may be, is critically ill; and
470 Subsections 206.5(2) and (3) of the Act are replaced by the following:
Marginal note:Leave — 104 weeks
(2) Every employee is entitled to and shall be granted a leave of absence from employment of up to 104 weeks if the employee is the parent of a child who has died and it is probable, considering the circumstances, that the child died as a result of a crime.
Marginal note:Leave — 52 weeks
(3) Every employee is entitled to and shall be granted a leave of absence from employment of up to 52 weeks if the employee is the parent of a child who has disappeared and it is probable, considering the circumstances, that the child disappeared as a result of a crime.
471 The Act is amended by adding the following after section 206.8:
Leave for Court or Jury Duty
Marginal note:Entitlement to leave
206.9 Every employee is entitled to and shall be granted a leave of absence from employment to attend court to
(a) act as a witness in a proceeding;
(b) act as a juror in a proceeding; or
(c) participate in a jury selection process.
472 Subsection 207.02(3) of the Act is replaced by the following:
Marginal note:Exception — medical leave
(3) Except to the extent that it is inconsistent with subsection 239(7), section 209.1 applies to an employee who interrupted the leave in order to be absent due to a reason referred to in subsection 239(1).
473 Subsection 207.2(4) of the Act is replaced by the following:
Marginal note:Certificate
(4) The employer may, in writing and no later than 15 days after an employee’s return to work, require the employee to provide a certificate issued by a health care practitioner attesting to the child’s hospitalization.
474 (1) Subsection 207.3(1) of the Act is replaced by the following:
Marginal note:Notice to employer of leave
207.3 (1) Every employee who takes a leave of absence from employment under any of sections 206.3 to 206.9 shall, as soon as possible, provide the employer with a notice in writing of the reasons for the leave and the length of the leave that they intend to take.
(2) Subsection 207.3(2) of the English version of the Act is replaced by the following:
Marginal note:Notice of change in length of leave
(2) Every employee who is on a leave of absence from employment under any of sections 206.3 to 206.9 shall, as soon as possible, provide the employer with a notice in writing of any change in the length of the leave that they intend to take.
(3) Subsections 207.3(3) and (4) of the Act are 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 and 206.9 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.
Marginal note:Documentation
(4) The employer may require the employee to provide documentation in support of the reasons for the leave taken under section 206.4, 206.5 or 206.9 and of any change in the length of leave that the employee intends to take.
475 Section 209.22 of the Act is replaced by the following:
Marginal note:Status of certificate
209.22 A certificate issued by a health care practitioner under this Division is conclusive proof of the statements contained in it.
476 Subsection 209.3(2) of the Act is replaced by the following:
Marginal note:Prohibition
(2) The prohibitions set out in subsection (1) also apply in respect of an employee who has taken a leave of absence under any of sections 206.3 to 206.9.
477 (1) Paragraph 209.4(a) of the Act is replaced by the following:
(a) specifying the absences from employment that are deemed not to have interrupted continuous employment referred to in any of sections 206.6 to 206.8;
(2) Paragraphs 209.4(e) and (e.1) of the Act are replaced by the following:
(e) prescribing other persons to be included in the meanings of family member 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 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 206.6(2), 206.7(2.1) and 206.8(1);
478 (1) The definition redundant employee in section 211 of the Act is replaced by the following:
- redundant employee
redundant employee means an employee whose employment is terminated in a group termination of employment or whose employment is to be terminated in accordance with a notice under subsection 212(1). (surnuméraire)
(2) Section 211 of the Act is amended by adding the following in alphabetical order:
- group notice period
group notice period means the 16-week period preceding the group termination period. (période de préavis de licenciement collectif)
- group termination of employment
group termination of employment means the termination by an employer, either simultaneously or within any four-week period, determined in accordance with any regulations, of the employment of a group of 50 or more employees — or of any lesser number of employees that is prescribed by regulations that are applicable to the employer — within a particular industrial establishment. (licenciement collectif)
- group termination period
group termination period means the four-week period, determined in accordance with any regulations, starting on the date of the first termination of employment identified in a notice of group termination of employment given under subsection 212(1). (période de licenciement collectif)
(3) Section 211 of the Act is renumbered as subsection 211(1) and is amended by adding the following:
Marginal note:Application
(2) For the purposes of this Division, if an employer gives notice under subsection 212(1) and the number of redundant employees whose employment is terminated is less than 50 — or any lesser number that is prescribed by regulations that are applicable to the employer — the termination of those employees is deemed to be a group termination of employment.
479 Subsections 212(1) and (2) of the Act are replaced by the following:
Marginal note:Notice — Minister
212 (1) An employer must give notice to the Minister, in writing, of any group termination of employment at least 16 weeks before the first date of termination of employment of an employee in the group.
Marginal note:Exception
(1.1) If an employer terminates the employment of at least 50 employees — or any lesser number that is prescribed by regulations that are applicable to the employer — on the same day and pays them at least 16 weeks’ wages under paragraph 212.1(1)(b), the group notice period is deemed to begin on that day and the notice referred to in subsection (1) is to be given at least 48 hours before that date.
Marginal note:Copy of notice
(2) A copy of any notice given under this section must be given immediately by the employer to the Minister of Employment and Social Development and the Canada Employment Insurance Commission.
Marginal note:Copy of notice — union and redundant employee
(2.1) Subject to subsection (2.2), the employer must immediately give a copy of any notice given under subsection (1) to 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 immediately 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:Copy of notice — subsection (1.1)
(2.2) If subsection (1.1) applies, the employer must give a copy of the notice to any trade union representing a redundant employee referred to in that subsection on the date of the group termination of employment.
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