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

Marginal note:2015, c. 36

• 531 (1) In this section, other Act means the Economic Action Plan 2015, No. 1.

• (2) If subsection 92(3) of the other Act comes into force before subsection 505(2) of this Act, then that subsection 505(2) is replaced by the following:

  • (2) 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, X and XI;

• (3) If subsection 92(3) of the other Act comes into force on the same day as subsection 505(2) of this Act, then that subsection 505(2) is deemed to have come into force before that subsection 92(3).

• (4) If subsection 92(3) of the other Act comes into force before subsection 505(4) of this Act, then that subsection 505(4) is replaced by the following:

  • (4) Paragraph 264(1)(g) of the Act is repealed.

• (5) If subsection 92(3) of the other Act comes into force on the same day as subsection 505(4) of this Act, then that subsection 505(4) is deemed to have come into force before that subsection 92(3).

• (6) If subsection 92(3) of the other Act comes into force before subsection 505(5) of this Act, then that subsection 505(5) is replaced by the following:

  • (5) Subsection 264(1) 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

• (7) If subsection 92(3) of the other Act comes into force on the same day as subsection 505(5) of this Act, then that subsection 505(5) is deemed to have come into force before that subsection 92(3).

Marginal note:2017, c. 20

• 532 (1) In this section, other Act means the Budget Implementation Act, 2017, No. 1.

• (2) If subsection 356(1) of the other Act comes into force before section 506 of this Act, then

  • (a) that section 506 is deemed never to have come into force and is repealed;

  • (b) subsection 246.1(2) of the Canada Labour Code is replaced by 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.

  • (c) subsection 246.2(1) of the Canada Labour Code is replaced by 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.

  • (d) subparagraph 246.3(1)(a)(iii) of the Canada Labour Code is replaced by the following:

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

• (3) If subsection 356(1) of the other Act comes into force on the same day as section 506 of this Act, then that section 506 is deemed to have come into force before that subsection 356(1).

• (4) If section 357 of the other Act comes into force before section 507 of this Act, then

  • (a) that section 507 is deemed never to have come into force and is repealed; and

  • (b) subsection 251(1.1) of the Canada Labour Code is replaced by 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.

• (5) If section 357 of the other Act comes into force on the same day as section 507 of this Act, then that section 507 is deemed to have come into force before that section 357.

• (6) If section 360 of the other Act comes into force before section 509 of this Act, then

  • (a) that section 509 is deemed never to have come into force and is repealed; and

  • (b) subsection 251.06(2) of the Canada Labour Code is replaced by 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).

• (7) If section 360 of the other Act comes into force on the same day as section 509 of this Act, then that section 509 is deemed to have come into force before that section 360.

• (8) If section 401 of the other Act produces its effects before section 510 of this Act comes into force, then that section 510 is deemed never to have come into force and is repealed.

• (9) If section 401 of the other Act produces its effects on the day on which section 510 of this Act comes into force, then that section 510 is deemed to have come into force before that section 401 produces its effects.

Marginal note:2017, c. 33

• 533 (1) In this section, other Act means the Budget Implementation Act, 2017, No. 2.

• (2) If section 197 of the other Act comes into force before section 511 of this Act, then

  • (a) that section 511 is deemed never to have come into force and is repealed; and

  • (b) subsection 174.1(1) of the Canada Labour Code is replaced by 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).

• (3) If section 197 of the other Act comes into force on the same day as section 511 of this Act, then that section 511 is deemed to have come into force before that section 197.

• (4) If section 199 of the other Act comes into force before section 512 of this Act, then

  • (a) that section 512 is deemed never to have come into force and is repealed; and

  • (b) section 177.1 of the Canada Labour Code is amended by adding the following after subsection (9):

    • Marginal note:Application of section 189

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

• (5) If section 199 of the other Act comes into force on the same day as section 512 of this Act, then that section 512 is deemed to have come into force before that section 199.

• (6) On the first day on which both section 202 of the other Act and section 487 of this Act are in force, subsection 187.1(3) of the Canada Labour Code is replaced by the following:

  • Marginal note:Application of subsection 239(7)

    (3) If an employee interrupts a vacation to be absent due to a reason referred to in subsection 239(1) and resumes the vacation immediately at the end of that leave, subsection 239(7) applies to them as if they did not resume the vacation before returning to work.

• (7) If section 205 of the other Act comes into force before section 513 of this Act, then that section 513 is deemed never to have come into force and is repealed.

• (8) If section 205 of the other Act comes into force on the same day as section 513 of this Act, then that section 513 is deemed to have come into force before that section 205.

• (9) If section 206 of the other Act comes into force before section 514 of this Act, then

  • (a) that section 514 is deemed never to have come into force and is repealed;

  • (b) section 206.6 of the Canada Labour Code and the heading before it are replaced by 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 less than 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.

  • (c) section 206.7 of the Canada Labour Code is amended by adding the following after subsection (2):

    • 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.

  • (d) section 206.7 of the Canada Labour Code is amended by adding the following after subsection (5):

    • 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).

• (10) If section 206 of the other Act comes into force on the same day as section 514 of this Act, then that section 514 is deemed to have come into force before that section 206.

• (11) If subsection 209(1) of the other Act comes into force before subsection 515(1) of this Act, then

  • (a) that subsection 515(1) is deemed never to have come into force and is repealed; and

  • (b) paragraph 209.4(a) of the Canada Labour Code is replaced by the following:

    • (a) specifying the absences from employment that are considered not to have interrupted continuous employment referred to in any of sections 206, 206.1, and 206.4 to 206.8;

• (12) If subsection 209(1) of the other Act comes into force on the same day as subsection 515(1) of this Act, then that subsection 515(1) is deemed to have come into force before that subsection 209(1).

• (13) If subsection 209(2) of the other Act comes into force before subsection 515(2) of this Act, then

  • (a) that subsection 515(2) is deemed never to have come into force and is repealed; and

  • (b) paragraph 209.4(g) of the Canada Labour Code 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), 206.5(2) and (3), 206.6(2), 206.7(2.1) and 206.8(1);

• (14) If subsection 209(2) of the other Act comes into force on the same day as subsection 515(2) of this Act, then that subsection 515(2) is deemed to have come into force before that subsection 209(2).

• (15) If subsection 209(3) of the other Act comes into force before subsection 515(3) of this Act, then

  • (a) that subsection 515(3) is deemed never to have come into force and is repealed; and

  • (b) paragraph 209.4(h.3) of the Canada Labour Code is replaced by the following:

    • (h.3) prescribing documentation that the employer may request under any of subsections 206.6(4), 206.7(5) and 206.8(3);

• (16) If subsection 209(3) of the other Act comes into force on the same day as subsection 515(3) of this Act, then that subsection 515(3) is deemed to have come into force before that subsection 209(3).

• (17) If subsection 215(1) of the other Act comes into force before section 516 of this Act, then that section 516 is deemed never to have come into force and is repealed.

• (18) If subsection 215(1) of the other Act comes into force on the same day as section 516 of this Act, then that section 516 is deemed to have come into force before that subsection 215(1).