Notices to Be Posted
(2) Every employer shall post notices containing the information set out in Schedule II.
(3) Every employer shall post copies of the policy statement referred to in section 247.4 of the Act.
- SOR/91-461, s. 22
- SOR/94-668, s. 8
Notice of Group Termination
26 A notice of termination given pursuant to subsection 212(1) of the Act shall, in addition to the information required by paragraphs 212(3)(a) and (b) of the Act, set out
(a) the name of the employer;
(b) the location at which the termination is to take place;
(c) the nature of the industry of the employer;
(d) the name of any trade union certified to represent any employee in the group of employees whose employment is to be terminated or recognized by the employer as bargaining agent for any such employees; and
(e) the reason for the termination of employment.
- SOR/91-461, s. 24
Industrial Establishment for Group Termination
27 For the purposes of Division IX of the Act, the following are designated as industrial establishments:
(b) all branches, sections and other divisions listed in Schedule I.
- SOR/79-309, s. 4
- SOR/86-628, s. 1
- SOR/91-461, s. 26
- SOR/2002-113, s. 6
Exemption from Group Termination
28 Every employer shall be exempt from the application of Division IX of the Act in respect of the termination of employment of
(a) employees employed on a seasonal basis; or
(b) employees employed on an irregular basis under an arrangement whereby the employee may elect to work or not to work when requested to do so.
- SOR/91-461, s. 28
Continuity of Employment
29 For the purposes of Divisions IV, VII, VIII, X, XI, XIII, XIV and XV.2 of the Act, the absence of an employee from employment is deemed not to have interrupted continuity of employment if
(a) the employee is absent from employment as a result of a lay-off that is not a termination under these Regulations; or
(b) the employer permits or condones the employee’s absence from employment.
- SOR/91-461, s. 29
- SOR/2009-194, s. 3
Lay-offs that Are Not Termination for the Purposes of Severance Pay, Group or Individual Termination of Employment
30 (1) For the purposes of Divisions IX, X and XI of the Act and subject to subsection (2), a lay-off of an employee shall not be deemed to be a termination of the employee’s employment by his employer where
(a) the lay-off is a result of a strike or lockout;
(b) the term of the lay-off is 12 months or less and the lay-off is mandatory pursuant to a minimum work guarantee in a collective agreement;
(c) the term of the lay-off is three months or less;
(d) the term of the lay-off is more than three months and the employer
(i) notifies the employee in writing at or before the time of the lay-off that he will be recalled to work on a fixed date or within a fixed period neither of which shall be more than six months from the date of the lay-off, and
(ii) recalls the employee to his employment in accordance with subparagraph (i);
(e) the term of the lay-off is more than three months and
(i) the employee continues during the term of the lay-off to receive payments from his employer in an amount agreed on by the employee and his employer,
(ii) the employer continues to make payments for the benefit of the employee to a pension plan that is registered pursuant to the Pension Benefits Standards Act or under a group or employee insurance plan,
(iii) the employee receives supplementary unemployment benefits, or
(f) the term of the lay-off is more than three months but not more than 12 months and the employee, throughout the term of the lay-off, maintains recall rights pursuant to a collective agreement.
(2) In determining the term of a lay-off for the purposes of paragraphs (1)(c), (d) and (f), any period of re-employment of less than two weeks duration shall not be included.
- SOR/82-747, s. 1
- SOR/86-628, s. 2(F)
- SOR/91-461, s. 31
- SOR/2006-231, s. 2
Regular Hours of Work (Severance Pay and Individual Termination of Employment)
31 (1) For the purposes of Division X of the Act, the regular hours of work in a week of an employee whose hours of work are not averaged are the actual hours worked by the employee, exclusive of overtime hours, in the four complete weeks prior to termination of employment, divided by four.
(2) For the purposes of Division XI of the Act, the regular hours of work in a day of an employee whose hours of work are not averaged are the actual hours worked by the employee, exclusive of overtime hours, in the four complete weeks prior to termination of employment, divided by 20.
(3) For the purposes of subsections (1) and (2), a complete week is one in which
- SOR/79-309, s. 5
- SOR/91-461, s. 33
(2) For the purposes of Division XI of the Act, the regular hours of work in a day for an employee whose hours of work are averaged is eight hours.
- SOR/79-309, s. 6
- SOR/86-628, s. 3(E)
- SOR/91-461, s. 34
- SOR/94-668, s. 10
(a) the employee’s spouse or common-law partner;
(b) the employee’s father and mother and the spouse or common-law partner of the father or mother;
(c) the employee’s children and the children of the employee’s spouse or common-law partner;
(d) the employee’s grandchildren;
(e) the employee’s brothers and sisters;
(f) the grandfather and grandmother of the employee;
(g) the father and mother of the spouse or common-law partner of the employee and the spouse or common-law partner of the father or mother; and
(h) any relative of the employee who resides permanently with the employee or with whom the employee permanently resides.
(2) In this section, common-law partner means a person who has been cohabiting with an individual in a conjugal relationship for at least one year, or who had been so cohabiting with the individual for at least one year immediately before the individual’s death.
- SOR/78-560, s. 5
- SOR/91-461, s. 35
- SOR/2001-149, s. 1
- SOR/2002-113, s. 8(E)
Work-related Illness and Injury
34 (1) The employer’s obligation under subsection 239.1(3) of the Act begins on the date that, according to a certificate from the qualified medical practitioner authorized by the plan the employer subscribes to under subsection 239.1(2) of the Act, the employee is fit to return to work with or without qualifications, and ends 18 months after that date.
(2) Where, within nine months after an employee’s return to work in accordance with subsection 239.1(3) of the Act, an employer lays off or terminates the employment of that employee or discontinues a function of that employee, the employer shall demonstrate to an inspector that the layoff, termination of employment or discontinuance of function was not because of the absence of the employee from work due to work-related illness or injury.
(3) Where the employer cannot return an employee to work within 21 days after the date of receipt of the certificate referred to in subsection (1), the employer shall, within those 21 days, notify in writing the employee and, where the employee is subject to a collective agreement, the trade union representing the employee, whether return to work is reasonably practicable and, if not, the reasons therefor.
- SOR/94-668, s. 11
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