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Budget Implementation Act, 2018, No. 2 (S.C. 2018, c. 27)

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)

503 Section 260 of the Act is replaced by the following:

Marginal note:Identity of complainants

  • 260 (1) If a person makes a complaint under this Part and requests that their name and identity be withheld, their name and identity must not be disclosed unless

    • (a) the disclosure is necessary for the purposes of a prosecution;

    • (b) the Minister determines that the disclosure is in the public interest; or

    • (c) an inspector determines that the disclosure is necessary for the investigation of the complaint to be carried out and the complainant consents to the disclosure in writing.

  • Marginal note:Consent

    (2) If a determination is made under paragraph (1)(c) and the complainant refuses to provide their consent after being requested to do so in writing, the inspector may deem the complaint to be withdrawn.

504 The Act is amended by adding the following after section 262:

Pilot Projects

Marginal note:Regulations

263 Despite anything in this Part, the Governor in Council may make any regulations that the Governor in Council considers necessary respecting the establishment and operation of one or more pilot projects for testing which possible amendments to this Part or the regulations made under this Part would improve and better protect employees’ rights under this Part, including regulations respecting the manner in which and the extent to which any provision of this Part or the regulations made under this Part applies to a pilot project and adapting any such provision for the purposes of that application.

Marginal note:Repeal

263.1 Unless they are repealed earlier, regulations made under section 263 are repealed on the fifth anniversary of the day on which they come into force.

  • 505 (1) Section 264 of the Act is amended by adding the following after paragraph (b):

    • (b.1) extending the application of this Part, in the manner and to the extent provided for in the regulations, to any class of persons;

  • (2) Paragraph 264(e.1) of the Act is replaced by the following:

    • (e.1) respecting the calculation and payment of the wages and other amounts to which an employee whose wages are paid on a commission basis, on a salary plus commission basis or on any other basis other than time is entitled to under Divisions V, VII, VIII, X and XI;

  • (3) Paragraph 264(1)(e.1) of the Act is replaced by the following:

    • (e.1) respecting the calculation and payment of the wages and other amounts to which an employee whose wages are paid on a commission basis, on a salary plus commission basis or on any other basis other than time is entitled to under Divisions V, VII, VIII, IX, X and XI;

  • (4) Paragraph 264(g) of the Act is repealed.

  • (5) Section 264 of the Act is amended by striking out “and” at the end of paragraph (j.1) and by adding the following after that paragraph:

    • (j.2) prescribing the circumstances under which a complaint is not to be rejected under paragraph 251.05(1)(c);

    • (j.3) prescribing the conditions that are to be met before a complaint may be rejected under paragraph 251.05(1)(c);

    • (j.4) prescribing periods for the purposes of subsection 251.05(1.1); and

2017, c. 20Budget Implementation Act, 2017, No. 1

  • 506 (1) Subsection 356(1) of the Budget Implementation Act, 2017, No. 1 is amended by replacing the subsection 246.1(2) that it enacts with the following:

    • Marginal note:Limitation

      (2) An employee shall not make a complaint under subsection (1) if they have made a complaint that is based on substantially the same facts under either subsection 240(1) or 247.99(1), unless that complaint has been withdrawn.

  • (2) Subsection 356(1) of the Act is amended by replacing the subsection 246.2(1) that it enacts with the following:

    Marginal note:Suspension of complaint

    • 246.2 (1) If the Board is satisfied that the employee must take measures before the Board may continue to deal with the complaint made under subsection 246.1(1), it may, at any time, suspend consideration of the complaint, in whole or in part.

  • (3) Subsection 356(1) of the Act is amended by replacing the subparagraph 246.3(1)(a)(iii) that it enacts with the following:

    • (iii) the complaint has been settled in writing between the employer and the employee,

507 Section 357 of the Act is amended by replacing the subsection 251(1.1) that it enacts with the following:

  • Marginal note:For greater certainty

    (1.1) For greater certainty, the inspector may, when exercising the powers referred to in subsection (1), make any finding necessary to determine whether an employee is entitled to any wages or other amounts under this Part, including a finding that the employee was dismissed for just cause for the purposes of Division X or XI.

508 Section 359 of the Act is repealed.

509 Section 360 of the Act is amended by replacing the subsection 251.06(2) that it enacts with the following:

  • Marginal note:Limitation

    (2) An inspector shall not issue a compliance order under subsection (1) to take any measure that could be set out in an order made under subsection 242(4) or section 246.4 or to make any payment that may be the subject of an order made under subsection 251.1(1).

510 Section 401 of the Act is repealed.

2017, c. 33Budget Implementation Act, 2017, No. 2

511 Section 197 of the Budget Implementation Act, 2017, No. 2 is amended by replacing the subsection 174.1(1) that it enacts with the following:

Marginal note:Right to refuse

  • 174.1 (1) Subject to subsections (2) and (3), an employee may refuse to work the overtime requested by the employer in order to carry out the employee’s family responsibilities referred to in paragraph 206.6(1)(b) or (c).

512 Section 199 of the Act is amended by adding the following after the subsection 177.1(9) that it enacts:

  • Marginal note:Application of section 189

    (10) Section 189 applies for the purposes of this Division.

513 Section 205 of the Act is repealed.

  • 514 (1) Section 206 of the Act is amended by replacing the section 206.6 and the heading before it that it enacts with the following:

    Personal Leave

    Marginal note:Leave — five days

    • 206.6 (1) Every employee is entitled to and shall be granted a leave of absence from employment of up to five days in every calendar year for

      • (a) treating their illness or injury;

      • (b) carrying out responsibilities related to the health or care of any of their family members;

      • (c) carrying out responsibilities related to the education of any of their family members who are under 18 years of age;

      • (d) addressing any urgent matter concerning themselves or their family members;

      • (e) attending their citizenship ceremony under the Citizenship Act; and

      • (f) any other reason prescribed by regulation.

    • Marginal note: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.

    • Marginal note:Division of leave

      (3) The leave of absence may be taken in one or more periods. The employer may require that each period of leave be of not less than one day’s duration.

    • Marginal note:Documentation

      (4) The employer may, in writing and no later than 15 days after an employee’s return to work, request that the employee provide documentation to support the reasons for the leave. The employee shall provide that documentation only if it is reasonably practicable for them to obtain and provide it.

    • Marginal note:Regulations

      (5) The Governor in Council may make regulations for the purposes of this section, including regulations

      • (a) setting out the other reasons for taking leave under paragraph (1)(f);

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

      • (c) specifying the persons who are the employee’s family members.

  • (2) Section 206 of the Act is amended by adding the following after the subsection 206.7(2) that it enacts:

    • Marginal note:Leave with pay

      (2.1) If the employee has completed three consecutive months of continuous employment with the employer, the employee is entitled to the first five 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) Section 206 of the Act is amended by adding the following after the subsection 206.7(5) that it enacts:

    • Marginal note:Regulations

      (6) The Governor in Council may make regulations defining the expressions “regular rate of wages” and “normal hours of work” for the purposes of subsection (2.1).

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