Canada Labour Code (R.S.C., 1985, c. L-2)
Full Document:
Act current to 2017-08-14 and last amended on 2017-06-22. Previous Versions
AMENDMENTS NOT IN FORCE
— 2000, c. 14, s. 43, as amended by 2002, c. 9, s. 18
Conditional amendment — Bill C-23
43 If Bill C-23, introduced in the 2nd Session of the 36th Parliament and entitled the Modernization of Benefits and Obligations Act (the “other Act”), receives royal assent, then on the later of the coming into force of section 107 of the other Act and the coming into force of section 42 of this Act, section 206.1 of the Canada Labour Code is replaced by the following:
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 thirty-seven 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.
Period when leave may be taken
(2) The leave of absence may only be taken during the fifty-two 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.
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 paragraphs (1)(a) to (c), shall not exceed thirty-seven weeks.
— 2010, c. 12, s. 2172
2000, c. 20, s. 2(5)
2172 The definition appeals officer in subsection 122(1) of the Canada Labour Code is replaced by the following:
- appeals officer
appeals officer means a person who is appointed as an appeals officer under section 145.1; (agent d’appel)
— 2010, c. 12, s. 2173
2000, c. 20, s. 10
2173 Subsection 129(7) of the Act is replaced by the following:
Appeal
(7) If a health and safety officer decides that the danger does not exist, the employee is not entitled under section 128 or this section to continue to refuse to use or operate the machine or thing, work in that place or perform that activity, but the employee, or a person designated by the employee for the purpose, may appeal the decision by filing a notice of appeal with the Minister within 10 days after the day on which the employee receives notice of the decision.
— 2010, c. 12, s. 2174
2000, c. 20, s. 14
2174 Subsection 145.1(1) of the Act is replaced by the following:
Appointment
145.1 (1) On receipt of a notice of appeal, the Minister shall appoint as an appeals officer to inquire into and make a decision on the appeal any person who is qualified to perform the duties of such an officer.
— 2010, c. 12, s. 2175
2000, c. 20, s. 14
2175 Subsection 146(1) of the Act is replaced by the following:
Appeal of direction
146 (1) An employer, employee or trade union that feels aggrieved by a direction issued by a health and safety officer under this Part may appeal the direction by filing a notice of appeal with the Minister within 30 days after the day on which the direction is issued or confirmed in writing.
— 2010, c. 12, s. 2176
2000, c. 20, s. 14
2176 (1) The portion of subsection 146.1(1) of the Act before paragraph (a) is replaced by the following:
Inquiry
146.1 (1) If an appeal is brought under subsection 129(7) or section 146, the appeals officer shall, in a summary way and without delay, inquire into the circumstances of the decision or direction, as the case may be, and may
2000, c. 20, s. 14
(2) Subsection 146.1(2) of the Act is replaced by the following:
Decision and reasons
(2) The appeals officer shall provide a written decision, with reasons, and a copy of any direction to the employer, employee or trade union concerned within 90 days after completing their inquiry under subsection (1). The employer shall, without delay, give a copy of it to the work place committee or health and safety representative.
— 2010, c. 12, s. 2177
2000, c. 20, s. 14
2177 (1) The portion of section 146.2 of the Act before paragraph (a) is replaced by the following:
Powers
146.2 (1) For the purposes of a proceeding under subsection 146.1(1), an appeals officer may, subject to any regulations made under subsection (2),
(2) Section 146.2 of the Act is amended by adding the following after subsection (1):
Regulations
(2) The Governor in Council may make regulations, for the purpose of proceedings under subsection 146.1(1), respecting
— 2012, c. 19, s. 432
1998, c. 26, s. 51(2)
432 (1) Paragraphs 111(e) and (f) of the Canada Labour Code are replaced by the following:
(e) prescribing the form and content of a notice under section 71 and prescribing any additional information and documents that are to be furnished with such a notice;
(f) prescribing the form and content of a notice under section 87.2 and prescribing any additional information and documents that are to be furnished with such a notice;
(2) Paragraph 111(i) of the Act is replaced by the following:
(i) prescribing the form and content of any written request to the Minister under subsection 57(2) or (4) and prescribing any additional information and documents that are to be furnished with such a request;
(3) Section 111 of the Act is amended by striking out “and” at the end of paragraph (k) and by adding the following after paragraph (l):
(m) prescribing the form and manner in which a copy of a collective agreement shall be filed with the Minister under subsection 115(1) and prescribing any additional information and documents that are to be filed with it;
(n) prescribing the information and documents that the Minister shall provide to the parties to a collective agreement after the Minister has received a copy of the collective agreement;
(o) prescribing the circumstances in which, and the conditions under which, the parties to a collective agreement are exempted from filing a copy of the collective agreement with the Minister; and
(p) prescribing the circumstances in which, and the conditions under which, a collective agreement may come into force even if no party has filed a copy of it with the Minister.
— 2012, c. 19, s. 433
433 Section 115 of the Act is replaced by the following:
Collective agreement to be filed
115 (1) Subject to the regulations made under paragraph 111(o), each party to a collective agreement shall, immediately after it is entered into, renewed or revised, file one copy of the collective agreement with the Minister.
Coming into force conditional on filing
(2) Subject to the regulations made under paragraph 111(p), the collective agreement may come into force only if at least one party has filed a copy of it with the Minister.
Coming into force of provisions
(3) Once the copy is filed with the Minister, the provisions of the collective agreement come into force on the day or days on which they would have come into force were it not for the requirement under subsection (2), even if those days precede the day on which it is filed.
— 2012, c. 27, s. 35
2000, c. 14
35 On the first day on which section 43 of the Budget Implementation Act, 2000 produces its effects, section 206.1 of the Canada Labour Code is replaced by the following:
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 thirty-seven 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.
Period when leave may be taken
(2) The leave of absence may only be taken during the fifty-two 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.
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, 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).
Extension of period — child in hospital
(2.2) If the child referred to in subsection (1) is hospitalized during the period referred to in subsection (2), the period is extended by the number of weeks during which the child is hospitalized.
Limitation
(2.3) An extension under subsection (2.1) or (2.2) must not result in the period being longer than 104 weeks.
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, 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).
Resumption
(2.5) The leave referred to in subsection (1) resumes immediately after the interruption ends.
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 paragraphs (1)(a) to (c), shall not exceed thirty-seven weeks.
Exception — sick leave
(4) Except to the extent that it is inconsistent with subsection 239(1.1), 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).
Exception — work-related illness or injury
(5) Except to the extent that it is inconsistent with subsections 239.1(3) and (4), 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(1).
Exception — member of reserve force
(6) Despite section 209.1, sections 247.93 to 247.95 apply to an employee who interrupted the leave referred to in subsection (1) in order to take leave under any of paragraphs 247.5(1)(a), (b) and (d) to (g).
— 2015, c. 36, s. 88
88 The definition industrial establishment in section 166 of the Act is replaced by the following:
- industrial establishment
industrial establishment means any federal work, undertaking or business and includes any branch, section or other division of a federal work, undertaking or business that is designated as an industrial establishment by regulations made under paragraph 264(1)(b); (établissement)
— 2015, c. 36, s. 89
89 Section 167 of the Act is amended by adding the following after subsection (1):
Application to other persons
(1.1) Subject to subsection (1.2), this Part applies to any person who is not an employee but who performs for an employer to which this Part applies activities whose primary purpose is to enable the person to acquire knowledge or experience, and to the employer, as if that person were an employee of the employer, and every provision of this Part must be read accordingly.
Exception
(1.2) Except to the extent provided for in the regulations, this Part does not apply to a person referred to in subsection (1.1) or, in relation to that person, the employer, if
(a) the person performs the activities to fulfil the requirements of a program offered by a secondary or post-secondary educational institution or a vocational school, or an equivalent educational institution outside Canada, described in the regulations; or
(b) the following conditions are met:
(i) subject to the regulations, the person performs the activities
(A) over a period of not more than four consecutive months that begins on the day on which they first perform them, or
(B) for not more than the prescribed number of hours over a period of more than four consecutive months but not more than 12 consecutive months that begins on the day on which they first perform them,
(ii) benefits derived from the activities accrue primarily to the person performing them,
(iii) the employer supervises the person and the activities that they perform,
(iv) the performance of the activities is not a prerequisite to the person being offered employment by the employer and the employer is not obliged to offer employment to the person,
(v) the person does not replace any employee, and
(vi) before the person performs any of the activities, the employer informs them in writing that they will not be remunerated.
— 2015, c. 36, s. 90
90 Subsection 252(2) of the Act is replaced by the following:
Records to be kept
(2) Every employer shall make and keep for a period of at least 36 months after work is performed the records required to be kept by regulations made under paragraph 264(1)(a) and those records shall be available at all reasonable times for examination by an inspector.
— 2015, c. 36, s. 91
91 (1) Paragraph 256(1)(a) of the Act is replaced by the following:
(a) contravenes any provision of this Part or the regulations, other than a provision of Division IX, subsection 239.1(2), 239.2(1) or 252(2) or any regulation made under section 227 or paragraph 264(1)(a) or (a.1);
(2) Paragraph 256(3)(a) of the Act is replaced by the following:
(a) fails to keep any record that, by subsection 252(2) or any regulation made under paragraph 264(1)(a) or (a.1), the employer is required to keep, or
— 2015, c. 36, s. 92
92 (1) Section 264 of the Act is amended by adding the following after paragraph (a):
(a.1) requiring employers to keep records relevant to the purposes of this Part in respect of persons who are excluded under subsection 167(1.2) from the application of all or any of this Part;
(a.2) respecting the information that an employer must provide to the Minister for the purpose of establishing that the performance of activities referred to in paragraph 167(1.2)(a) fulfils the requirements of a program referred to in that paragraph, and the circumstances in which an employer must provide it;
(a.3) specifying the circumstances in which a person who performs activities referred to in paragraph 167(1.2)(a) must provide to an employer the information referred to in paragraph (a.2);
(a.4) for the purpose of paragraph 167(1.2)(a), specifying or describing secondary or post-secondary educational institutions or vocational schools, or equivalent educational institutions outside Canada;
(a.5) for the purpose of clause 167(1.2)(b)(i)(B), prescribing a number of hours that is not less than 640 hours and not more than 768 hours;
(a.6) providing that a person in respect of whom the conditions set out in paragraph 167(1.2)(b) have previously been met does not meet the condition set out in clause 167(1.2)(b)(i)(A) or (B), as the case may be, in respect of activities performed for the same employer if they perform them before the expiry of the period specified by regulation;
(a.7) for the purpose of subparagraph 167(1.2)(b)(ii), respecting the circumstances in which the benefit derived from activities is considered to accrue primarily to the person performing them;
(a.8) for the purpose of subparagraph 167(1.2)(b)(iii), respecting what constitutes supervision;
(a.9) respecting any measures that must be taken by an employer for the purpose of ensuring or establishing that the conditions set out in paragraph 167(1.2)(b) are or have been met, the information that the employer must provide to the Minister for the purpose of establishing that the measures have been taken, and the circumstances in which it must be provided;
(2) Section 264 of the Act is amended by adding the following after paragraph (i):
(i.1) providing for the application of any provisions of this Part or of the regulations made under this Part to persons and, in relation to those persons, employers who are otherwise excluded under subsection 167(1.2) from the application of this Part and adapting those provisions for the purpose of applying them to those persons and those employers;
(3) Section 264 of the Act is renumbered as subsection 264(1) and is amended by adding the following:
Incorporation of documents
(2) A regulation made under paragraph (1)(a.4) that incorporates by reference, in whole or in part, a document may incorporate the document, regardless of its source, as it exists on a certain date, as amended to a certain date or as amended from time to time.
— 2017, c. 20, s. 259
259 Subsection 206(1) of the Canada Labour Code is replaced by the following:
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:
Extension of period
(1.1) If the confinement has not occurred during the 17 weeks of her leave of absence, the leave of absence is extended until the date of her confinement.
— 2017, c. 20, s. 260
260 (1) Subsection 206.1(1) of the Act is replaced by the following:
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 new-born 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) The portion of subsection 206.1(2) of the Act before paragraph (a) is replaced by the following:
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
(3) Subsection 206.1(3) of the Act is replaced by the following:
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 birth or adoption shall not exceed 63 weeks.
— 2017, c. 20, s. 261
261 Section 206.2 of the Act is replaced by the following:
Aggregate leave — maternity and parental
206.2 The aggregate amount of leave that may be taken by one or two employees under sections 206 and 206.1 in respect of the same birth shall not exceed 78 weeks.
— 2017, c. 20, s. 262
262 (1) Subsection 206.3(1) of the Act is replaced by the following:
Definitions
206.3 (1) For the purposes of this section, care, family member, medical doctor, nurse practitioner 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:
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 medical doctor or nurse 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) Section 206.3 of the Act is amended by adding the following after subsection (2):
Medical practitioner
(2.1) In the circumstances set out under the Employment Insurance Act, the certificate referred to in subsection (2) may be issued by a member of a class of medical practitioners that is prescribed under that Act.
(4) Subsection 206.3(3.1) of the Act is replaced by the following:
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 medical doctor or nurse practitioner to issue an additional certificate under that subsection (2).
(5) Section 206.3 of the Act is amended by adding the following after subsection (7):
Limitation — section 206.4
(7.1) No leave may be taken by one or more employees under subsection 206.4(2) or (2.1) before the end of the leave taken under subsection (2) in respect of the same person.
— 2017, c. 20, s. 263
263 (1) Subsection 206.4(1) of the Act is replaced by the following:
Interpretation
206.4 (1) For the purposes of this section, care, critically ill adult, critically ill child, family member, medical doctor, nurse practitioner 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 (b) is replaced by the following:
Leave — 37 weeks
(2) Every employee who has completed six consecutive months of continuous employment with an employer and 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 medical doctor or nurse practitioner has issued a certificate that
(a) states that the child is a critically ill child and requires the care or support of one or more of their family members; and
(3) Subsection 206.4(3) of the Act is replaced by the following:
Leave — 17 weeks
(2.1) Every employee who has completed six consecutive months of continuous employment with an employer and 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 medical doctor or nurse practitioner has issued a certificate that
Medical practitioner
(3) In the circumstances set out under the Employment Insurance Act, the certificate referred to in subsection (2) or (2.1) may be issued by a member of a class of medical practitioners that is prescribed under that Act.
(4) Subparagraphs 206.4(4)(a)(i) and (ii) of the Act are replaced by the following:
(i) the day on which the first certificate is issued in respect of the child or adult, as the case may be, that meets the requirements of subsection (2) or (2.1), or
(ii) if the leave begins before the day on which the certificate is issued, the day from which the medical doctor or nurse practitioner certifies that the child or adult, as the case may be, is critically ill; and
(5) Subparagraph 206.4(4)(b)(i) of the Act is replaced by the following:
(i) the child or adult, as the case may be, dies, or
(6) Subsections 206.4(5) and (6) of the Act are replaced by the following:
Aggregate leave — employees
(5) The aggregate amount of leave that may be taken by employees under this section during the period referred to in subsection (4) must not exceed
Limitation
(6) No leave may be taken by one or more employees under subsection (2.1) before the end of the period referred to in subsection (4) if leave was granted under subsection (2) in respect of the same person.
Limitation — section 206.3
(7) No leave may be taken by one or more employees under section 206.3 before the end of the leave taken under subsection (2) or (2.1) in respect of the same person.
— 2017, c. 20, s. 264
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:
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.
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.
— 2017, c. 20, s. 265
265 Subsection 207.2(4) of the Act is replaced by the following:
Medical 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 medical doctor, as defined in subsection 206.3(1), attesting to the child’s hospitalization.
— 2017, c. 20, s. 266
266 (1) Subsection 207.3(3) of the Act is replaced by the following:
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:
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.
— 2017, c. 20, s. 267
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);
— 2017, c. 20, s. 268
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:
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:
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:
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:
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.
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:
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.
— 2017, c. 20, s. 318
318 (1) Section 2 of the Canada Labour Code is amended by adding the following in alphabetical order:
- external adjudicator
external adjudicator means a person appointed under subsection 12.001(1); (arbitre externe)
(2) Section 2 of the Act is amended by adding the following in alphabetical order:
- Board
Board means the Canada Industrial Relations Board established by section 9; (Conseil)
— 2017, c. 20, s. 319
319 The definition Board in subsection 3(1) of the Act is repealed.
— 2017, c. 20, s. 320
320 (1) Paragraph 9(2)(e) of the Act is replaced by the following:
(e) any other full-time or part-time members that the Governor in Council considers necessary to assist the Board in carrying out its functions under Parts II and III.
(2) Paragraph 9(2)(e) of the Act is replaced by the following:
(e) any other full-time or part-time members that the Governor in Council considers necessary to assist the Board in carrying out its functions under Parts II, III and IV.
— 2017, c. 20, s. 322
322 (1) The Act is amended by adding the following after section 12:
Appointment of external adjudicator
12.001 (1) The Chairperson may, if the Chairperson considers it advisable, appoint an external adjudicator to determine any matter that comes before the Board under Part II or III.
Powers, duties and functions
(2) An external adjudicator has all the powers, duties and functions that are conferred on the Board by this Act with respect to any matter for which they have been appointed.
Decision of external adjudicator
(3) An order or decision made or a direction issued by an external adjudicator under this Act is deemed to be an order or decision made or a direction issued by the Board, as the case may be.
Remuneration and expenses
(4) An external adjudicator shall be paid the remuneration and the fees that may be fixed by the Chairperson and is entitled to be paid reasonable travel and living expenses incurred by them in the course of their duties while absent from their ordinary place of residence.
(2) Subsection 12.001(1) of the Act is replaced by the following:
Appointment of external adjudicator
12.001 (1) The Chairperson may, if the Chairperson considers it advisable, appoint an external adjudicator to determine any matter that comes before the Board under Part II, III or IV.
— 2017, c. 20, s. 323
323 Subsections 12.02(2) and (3) of the Act are replaced by the following:
Quorum
(2) For the purposes of subsection (1), the following persons constitute a quorum:
(a) subject to paragraph (b), the Chairperson, two Vice-Chairpersons and two other members representing, respectively, employees and employers; or
(b) at a meeting held for the making of regulations respecting matters that are not governed by Part I, the Chairperson, two Vice-Chairpersons and, if two or more full-time members have been appointed under paragraph 9(2)(e), two of those members.
Equal representation
(3) If, at a meeting referred to in subsection (1) held for the making of regulations respecting matters that are governed by Part I, there is an unequal number of members representing employers and employees, the Chairperson shall designate an equal number of members who are authorized to vote on the making of those regulations and who represent employers and employees respectively.
Members not permitted to vote
(4) Members who represent employees or employers are not permitted to vote on the making of regulations respecting matters that are not governed by Part I.
— 2017, c. 20, s. 324(2)
324 (2) Section 12.051 of the Act is replaced by the following:
Limitation of liability
12.051 The Chairperson, Vice-Chairpersons, other members and external adjudicators are not personally liable, either civilly or criminally, for anything done or omitted to be done by them in good faith in the exercise or purported exercise of any power, or in the performance or purported performance of any duty or function, conferred on them under this Act.
— 2017, c. 20, s. 325
325 (1) Subsection 14(1) of the Act is replaced by the following:
Panels
14 (1) Subject to subsections (3) and (3.1), a panel of not fewer than three members, at least one of whom is the Chairperson or a Vice-Chairperson, may determine any matter that comes before the Board under this Act.
(2) Subsections 14(4) and (5) of the Act are replaced by the following:
Single person — Parts II and III
(3.1) The Chairperson, a Vice-Chairperson or a member appointed under paragraph 9(2)(e) may alone determine a matter that comes before the Board under Part II or III.
Deemed panel
(4) The Chairperson, a Vice-Chairperson or another member who determines a matter under subsection (3) or (3.1) is deemed to be a panel.
Powers, duties and functions
(5) A panel has all the powers, duties and functions that are conferred on the Board by this Act with respect to any matter assigned to the panel.
(3) Subsection 14(3.1) of the Act is replaced by the following:
Single person — Parts II, III and IV
(3.1) The Chairperson, a Vice-Chairperson or a member appointed under paragraph 9(2)(e) may alone determine a matter that comes before the Board under Part II, III or IV.
— 2017, c. 20, s. 326
326 Subsection 14.2(2) of the Act is replaced by the following:
Time limit
(2) If a decision is to be made under this Part, the panel shall make it and give notice of it to the parties no later than 90 days after the day on which the panel reserved the decision or within any further period that may be determined by the Chairperson.
— 2017, c. 20, s. 327
327 (1) Paragraph 15(g) of the Act is replaced by the following:
(g) the hearing or determination of any application, complaint, question, dispute, difference or appeal that may be made or referred to the Board;
(2) Section 15 of the Act is amended by striking out “and” at the end of paragraph (p) and by replacing paragraph (q) with the following:
— 2017, c. 20, s. 328
328 Subsection 15.1(1) of the Act is replaced by the following:
General power to assist parties
15.1 (1) The Board, any member of the Board or any external adjudicator — or an employee of the Administrative Tribunals Support Service of Canada who is authorized by the Board — may, if the parties agree, assist the parties in resolving any issues in dispute at any stage of a proceeding and by any means that the Board considers appropriate, without prejudice to the Board’s power to determine issues that have not been settled.
— 2017, c. 20, s. 329
329 (1) Paragraph 16(m.1) of the Act is replaced by the following:
(m.1) to extend the time limits set out in this Act for instituting a proceeding;
(2) Section 16 of the Act is amended by striking out “and” at the end of paragraph (o.1), by adding “and” at the end of paragraph (p) and by adding the following after paragraph (p):
(q) to decide any question that may arise in a proceeding under Part II or III.
(3) Paragraph 16(q) of the Act is replaced by the following:
(q) to decide any question that may arise in a proceeding under Part II, III or IV.
— 2017, c. 20, s. 330
330 Sections 19 and 19.1 of the Act are replaced by the following:
Application of orders
19 Where the Board may make any decision or issue any order, prescribe any term or condition or do any other thing in relation to any person or organization, the Board may do so generally or in any particular case or class of cases.
Interim orders
19.1 The Board may, on application by a trade union, an employer or an affected employee, make any interim order that the Board considers appropriate for the purpose of ensuring the fulfilment of the objectives of this Act.
— 2017, c. 20, s. 331
331 Subsection 20(3) of the Act is replaced by the following:
Definition of decision
(3) In this section, decision includes an order, a direction, a determination and a declaration.
— 2017, c. 20, s. 332
332 Section 21 of the Act is replaced by the following:
Exercise of powers, duties and functions
21 The Board shall exercise the powers and perform the duties and functions that are conferred or imposed on it by this Act, or that may be incidental to the attainment of the objects of this Act, including the making of orders requiring compliance with the provisions of this Act, with any regulation made under this Act or with any decision made in respect of a matter before the Board.
— 2017, c. 20, s. 333
333 Subsection 22(1) of the Act is replaced by the following:
Order and decision final
22 (1) Subject to this Part, every order or decision made by the Board under this Part is final and shall not be questioned or reviewed in any court, except in accordance with the Federal Courts Act on the grounds referred to in paragraph 18.1(4)(a), (b) or (e) of that Act.
— 2017, c. 20, s. 334
334 Subsection 23(1) of the Act before paragraph (a) is replaced by the following:
Filing in Federal Court
23 (1) The Board shall, on the request in writing of any person or organization affected by any order or decision of the Board made under this Part, file a copy of the order or decision, exclusive of reasons, in the Federal Court, unless, in the opinion of the Board,
— 2017, c. 20, s. 335
335 Section 23.1 of the Act is replaced by the following:
Filing in provincial superior court
23.1 The Board may, on application by a person or organization affected by an order or decision of the Board made under this Part, file a copy of the order or decision, exclusive of reasons, in the superior court of a province. Section 23 applies, with any modifications that the circumstances require, to an order or decision filed in such a superior court.
— 2017, c. 20, s. 336
336 Subsection 119(1) of the Act is replaced by the following:
Not required to give evidence — Part I
119 (1) No member of a conciliation board or no conciliation officer, conciliation commissioner, officer or employee employed in the federal public administration or person appointed by the Board or the Minister under this Part shall be required to give evidence in any civil action, suit or other proceeding respecting information obtained in the discharge of their duties under this Part.
Not required to give evidence — Act
(1.1) No member of the Board or no external adjudicator shall be required to give evidence in any civil action, suit or other proceeding respecting information obtained in the discharge of their duties under this Act.
— 2017, c. 20, s. 337
337 Paragraph 119.1(a) of the Act is replaced by the following:
(a) notes or draft orders or decisions of the Board or any of its members, of an external adjudicator or of an arbitrator or arbitration board chairperson appointed by the Minister under this Part; and
— 2017, c. 20, s. 338
— 2017, c. 20, s. 339
339 Paragraph 125(1)(x) of the Act is replaced by the following:
(x) comply with every oral or written direction given to the employer by the Minister or the Board concerning the health and safety of employees;
— 2017, c. 20, s. 340
340 Paragraph 126(1)(i) of the Act is replaced by the following:
(i) comply with every oral or written direction of the Minister or the Board concerning the health and safety of employees; and
— 2017, c. 20, s. 341
341 Subsection 129(7) of the Act is replaced by the following:
Appeal
(7) If the Minister makes a decision referred to in paragraph 128(13)(b) or (c), the employee is not entitled under section 128 or this section to continue to refuse to use or operate the machine or thing, work in that place or perform that activity, but the employee, or a person designated by the employee for the purpose, may appeal the decision, in writing, to the Board within 10 days after receiving notice of the decision.
— 2017, c. 20, s. 342
342 Section 134 of the Act is renumbered as subsection 134(1) and is amended by adding the following:
Enforcement of orders
(2) Any person affected by an order of the Board under subsection (1), or the Minister on the request of such a person, may, after 14 days from the day on which the order is made, or from the day provided in the order for compliance, whichever is later, file in the Federal Court a copy of the order, exclusive of reasons.
Registration
(3) On filing in the Federal Court under subsection (2), an order of the Board shall be registered in the Court and, when registered, has the same force and effect, and all proceedings may be taken in respect of it, as if the order were a judgment obtained in that Court.
— 2017, c. 20, s. 343
343 Paragraph 142(a) of the Act is replaced by the following:
(a) the Minister to enable him or her to exercise his or her powers or to perform his or her duties or functions under this Part;
(a.1) an external adjudicator and a member of the Board to enable them to, in accordance with subsection 12.001(2) or 14(5), exercise or perform the powers, duties or functions conferred on the Board by this Part; and
— 2017, c. 20, s. 344
344 Paragraph 143(a) of the Act is replaced by the following:
(a) the Minister in the exercise of his or her powers, or in the performance of his or her duties or functions, under this Part;
(a.1) an external adjudicator or a member of the Board in the exercise or performance, in accordance with subsection 12.001(2) or 14(5), of the powers, duties or functions conferred on the Board by this Part; or
— 2017, c. 20, s. 345
345 (1) The portion of section 143.1 of the French version of the Act before paragraph (a) is replaced by the following:
Communication de renseignements
143.1 Il est interdit d’empêcher un employé de fournir des renseignements :
(2) Paragraph 143.1(a) of the Act is replaced by the following:
(a) the Minister in the exercise of his or her powers, or in the performance of his or her duties or functions under this Part;
(a.1) an external adjudicator or a member of the Board in the exercise or performance, in accordance with subsection 12.001(2) or 14(5), of the powers, duties or functions conferred on the Board by this Part; or
(3) Paragraph 143.1(b) of the French version of the Act is replaced by the following:
b) à toute personne à qui des attributions ont été déléguées en vertu du paragraphe 140(1) ou d’un accord conclu en vertu du paragraphe 140(2) dans l’exercice de ces attributions.
— 2017, c. 20, s. 346
346 Subsections 144(2) and (3) of the Act are replaced by the following:
Member of the Board
(2) No person who has accompanied or assisted an external adjudicator or a member of the Board in the exercise, in accordance with subsection 12.001(2) or 14(5), of the powers, or in the performance of the duties or functions, conferred on the Board by this Part shall be required to give testimony in any proceeding with regard to information obtained in accompanying or assisting the external adjudicator or member.
Non-disclosure of information
(3) Subject to subsection (4), the Minister, an external adjudicator or a member of the Board who is admitted to a work place under the powers conferred by section 141 — or a person who is admitted to a work place under the powers conferred by section 141 that are delegated to them under subsection 140(1) or under an agreement entered into under subsection 140(2) — and any person accompanying them, shall not disclose to any person any information obtained in the work place by the Minister, external adjudicator or member or person with regard to any secret process or trade secret, except for the purposes of this Part or as required by law.
— 2017, c. 20, s. 347
347 Sections 145.1 and 146 of the Act are replaced by the following:
Powers, duties and functions
145.1 For the purposes of sections 146 to 146.5, the Board has all of the powers, duties and functions of the Minister under this Part, except for those referred to in section 130, subsections 135(3) and (6), 137.1(1) to (2.1) and (7) to (9), 137.2(4), 138(1) to (2) and (4) to (6), section 139, subsections 140(1), (2) and (4) and 144(1), section 146.01, subsection 149(1), sections 152 and 155 and subsections 156.1(1), 157(3) and 159(2).
Appeal of direction
146 (1) An employer, employee or trade union that feels aggrieved by a direction issued by the Minister under this Part may appeal the direction to the Board, in writing, within 30 days after the day on which the direction was issued or confirmed in writing.
Direction not stayed
(2) Unless otherwise ordered by the Board on application by the employer, employee or trade union, an appeal of a direction does not operate as a stay of the direction.
Minister informed of appeal
146.01 (1) The Board shall inform the Minister in writing when an appeal is brought under subsection 129(7) or section 146 and provide him or her with a copy of the request for appeal.
Documents provided to Board
(2) The Minister shall, on request of the Board, provide to the Board a copy of any document that the Minister relied on for the purpose of making the decision or issuing the direction being appealed.
Documents provided to Minister
(3) The Board shall, on request of the Minister, provide to the Minister a copy of any document that is filed with the Board in the appeal.
Power of Minister
(4) The Minister may, in an appeal, present evidence and make representations to the Board.
— 2017, c. 20, s. 348
348 (1) The portion of subsection 146.1(1) of the Act before paragraph (a) is replaced by the following:
Inquiry
146.1 (1) If an appeal is brought under subsection 129(7) or section 146, the Board shall, in a summary way and without delay, inquire into the circumstances of the decision or direction, as the case may be, and the reasons for it and may
(2) Paragraph 146.1(1)(b) of the English version of the Act is replaced by the following:
(b) issue any direction that the Board considers appropriate under subsection 145(2) or (2.1).
(3) Subsections 146.1(2) to (4) of the Act are replaced by the following:
Decision and reasons
(2) The Board shall provide a written decision, with reasons, and a copy of any direction to the employer, employee or trade union concerned and to the Minister, and the employer shall, without delay, give a copy of the decision, the reasons, and any direction to the work place committee or health and safety representative.
Posting of notice
(3) If the Board issues a direction under paragraph (1)(b), the employer shall, without delay, affix or cause to be affixed to or near the machine, thing or place in respect of which the direction is issued a notice of the direction, in the form and containing the information that the Board may specify, and no person may remove the notice unless authorized to do so by the Board.
Cessation of use
(4) If the Board directs, under paragraph (1)(b), that a machine or thing not be used, a place not be worked in or an activity not be performed until the direction is complied with, no person shall use the machine or thing, or work in the place or perform the activity until the direction is complied with, but nothing in this subsection prevents the doing of anything necessary for the proper compliance with the direction.
— 2017, c. 20, s. 349
349 Sections 146.2 to 146.5 of the Act are replaced by the following:
Wages
146.5 An employee who is a party to a proceeding under subsection 146.1(1) and who attends at the proceeding, or any employee who has been summoned by the Board to attend at such a proceeding and who attends, is entitled to be paid by the employer at the employee’s regular rate of wages for the time spent at the proceeding that would otherwise have been time at work.
— 2017, c. 20, s. 350
350 The Act is amended by adding the following after section 154:
Publication
154.1 The Minister may, subject to the regulations, make public the name of an employer convicted of an offence under this Part, the nature of the offence, the punishment imposed and any other prescribed information.
— 2017, c. 20, s. 351
351 Section 156 of the Act and the heading before it are replaced by the following:
Orders, Decisions and Directions of Board
Decision final
156 (1) Every order or decision made or direction issued by the Board under this Part is final and shall not be questioned or reviewed in any court.
No review by certiorari, etc.
(2) No order shall be made, process entered or proceeding taken in any court, whether by way of injunction, certiorari, prohibition, quo warranto or otherwise, to question, review, prohibit or restrain the Board in any proceedings under this Part.
— 2017, c. 20, s. 352
352 Subsection 157(1) of the Act is amended by striking out “and” at the end of paragraph (a.1) and by adding the following after paragraph (a.1):
(a.2) prescribing the method for calculating and determining the regular rate of wages for the purpose of section 146.5; and
— 2017, c. 20, s. 353
353 (1) The portion of subsection 241(3) of the Act before paragraph (a) is replaced by the following:
Complaint not settled
(3) If a complaint is not settled under subsection (2) within the period that the inspector endeavouring to assist the parties under that subsection considers to be reasonable in the circumstances, the inspector shall, on the written request of the person who made the complaint that the complaint be referred to the Board,
(2) Paragraph 241(3)(b) of the Act is replaced by the following:
(b) deliver to the Board the complaint made under subsection 240(1), any written statement giving the reasons for the dismissal provided under subsection (1) and any other statements or documents that the inspector has that relate to the complaint.
— 2017, c. 20, s. 354
354 (1) Subsections 242(1) and (2) of the Act are repealed.
(2) The portion of subsection 242(3) of the Act before paragraph (a) is replaced by the following:
Decision of the Board
(3) Subject to subsection (3.1), the Board, after a complaint has been referred to it, shall
(3) The portion of subsection 242(3.1) of the Act before paragraph (a) is replaced by the following:
Limitation on complaints
(3.1) No complaint shall be considered by the Board under subsection (3) in respect of a person if
(4) The portion of subsection 242(4) of the Act before paragraph (a) is replaced by the following:
Unjust dismissal
(4) If the Board decides under subsection (3) that a person has been unjustly dismissed, the Board may, by order, require the employer who dismissed the person to
— 2017, c. 20, s. 355
355 Sections 243 and 244 of the Act are replaced by the following:
Order final
243 (1) Every order of the Board is final and shall not be questioned or reviewed in any court.
No review by certiorari, etc.
(2) No order shall be made, process entered or proceeding taken in any court, whether by way of injunction, certiorari, prohibition, quo warranto or otherwise, to question, review, prohibit or restrain the Board in any proceedings under section 242.
Enforcement of orders
244 (1) Any person affected by an order of the Board under subsection 242(4), or the Minister on the request of such a person, may, after 14 days from the day on which the order is made, or from the day provided in the order for compliance, whichever is later, file in the Federal Court a copy of the order, exclusive of reasons.
Registration
(2) On filing in the Federal Court under subsection (1), an order of the Board shall be registered in the Court and, when registered, has the same force and effect, and all proceedings may be taken in respect of it, as if the order were a judgment obtained in that Court.
— 2017, c. 20, s. 356
356 (1) The Act is amended by adding the following after section 246:
DIVISION XIV.1Complaints Relating to Reprisals
Complaint to Board
246.1 (1) Any employee may make a complaint in writing to the Board if they believe that their employer has taken any of the following reprisals against them:
(a) taking action against the employee in contravention of section 208, 209.3, 238, 239, 239.1 or 247.96;
(b) dismissing, suspending, laying off, or demoting the employee, imposing a financial or other penalty on the employee, or otherwise taking any disciplinary action against the employee, because the employee
(i) has made a complaint under this Part, other than a complaint under section 240,
(ii) has provided information regarding the wages, hours of work, annual vacation or conditions of work of any employee or provided any other assistance to the Minister or to an inspector in the exercise or performance of the Minister’s or the inspector’s powers, duties and functions under this Part,
(iii) has testified or is about to testify in a proceeding taken or an inquiry held under this Part, or
(iv) has exercised, or sought to exercise, any right conferred on the employee by this Part;
(c) taking into account the fact that the employee has taken any of the actions referred to in subparagraphs (b)(i) to (iv) in any decision with respect to the promotion or training of the employee; or
(d) threatening to take any of the reprisals referred to in paragraph (b) or (c).
Limitation — dismissal
(2) An employee who has been dismissed shall not make a complaint
Time for making complaint
(3) A complaint referred to in subsection (1) shall be made to the Board not later than 90 days after the day on which the employee knew or, in the Board’s opinion, ought to have known of the action or circumstances giving rise to the complaint.
Burden of proof
(4) A complaint made under subsection (1) is itself evidence that the reprisal was actually taken and, if a party to the complaint proceedings alleges that the reprisal was not taken, the burden of proof is on that party.
Suspension of complaint
246.2 (1) If satisfied that the employee must take measures before the complaint made under subsection 246.1(1) may be dealt with, the Board may suspend consideration of the complaint, in whole or in part.
Notice
(2) If the Board suspends a complaint, the Board shall notify the employee in writing and specify in the notice
End of suspension
(3) The suspension ends when, in the Board’s opinion, the measures specified in the notice have been taken.
Rejection of complaint
246.3 (1) The Board may reject a complaint made under subsection 246.1(1), in whole or in part,
(a) if the Board is satisfied that
(i) the complaint is not within its jurisdiction,
(ii) the complaint is frivolous, vexatious or not made in good faith,
(iii) the complaint has been settled between the employer and the employee,
(iv) there are other means available to the employee to resolve the subject matter of the complaint that the Board considers should be pursued,
(v) the subject matter of the complaint has been adequately dealt with through recourse obtained before a court, tribunal, arbitrator or adjudicator, or
(vi) in respect of a complaint made by an employee who is subject to a collective agreement, the collective agreement covers the subject matter of the complaint and provides a third party dispute resolution process; or
(b) if consideration of the complaint was suspended under subsection 246.2(1) and if, in the Board’s opinion, the measures specified in the notice under subsection 246.2(2) were not taken within the specified time period.
Notice of rejection of complaint
(2) If the Board rejects a complaint, it shall notify the employee in writing, with reasons.
Board orders
246.4 If the Board determines that a complaint under subsection 246.1(1) is justified, the Board may, by order, require the employer to cease engaging in or to rescind the reprisal and, if applicable, to
(a) permit the employee who has made the complaint to return to the duties of their employment;
(b) reinstate the employee;
(c) pay to the employee compensation not exceeding the sum that, in the Board’s opinion, is equivalent to the remuneration that would, but for the reprisal, have been paid by the employer to the employee;
(d) pay to the employee compensation not exceeding the sum that, in the Board’s opinion, is equivalent to any financial or other penalty imposed on the employee by the employer; and
(e) do any other thing that the Board considers equitable for the employer to do to remedy or counteract any consequence of the reprisal.
Decisions final
246.5 (1) Every decision of the Board made under this Division is final and shall not be questioned or reviewed in any court.
No review by certiorari, etc.
(2) No order shall be made, process entered or proceeding taken in any court, whether by way of injunction, certiorari, prohibition, quo warranto or otherwise, to question, review, prohibit or restrain the Board in any proceedings under this Division.
Enforcement of orders
246.6 (1) Any person affected by an order of the Board under section 246.4, or the Minister on the request of such a person, may, after 14 days from the day on which the order is made, or from the day provided in the order for compliance, whichever is later, file in the Federal Court a copy of the order, exclusive of reasons.
Registration
(2) On filing in the Federal Court under subsection (1), an order of the Board shall be registered in the Court and, when registered, has the same force and effect, and all proceedings may be taken in respect of it, as if the order were a judgment obtained in that Court.
Complaint to Board
246.7 (1) Despite subsection 14(1), the Chairperson or a Vice-Chairperson of the Board, or a member of the Board appointed under paragraph 9(2)(e), may dispose of any complaint made to the Board under this Division and, in relation to any complaint so made, that person
Application of Part I provisions
(2) Subject to sections 246.5 and 246.6, the provisions of Part I respecting orders and decisions of and proceedings before the Board or any member under that Part apply in respect of all orders and decisions of and proceedings before the Board or the member under this Division.
(2) Paragraph 246.1(1)(b) of the Act is amended by adding the following after subparagraph (ii):
(ii.1) has provided information regarding the wages, hours of work, annual vacation or conditions of work of any employee or provided any other assistance to an external adjudicator or a member of the Board in the exercise or performance, in accordance with subsections 12.001(2) or 14(5), of the powers, duties or functions conferred on the Board by this Part,
(3) Section 246.7 of the Act is repealed.
— 2017, c. 20, s. 357
357 Section 251 of the Act is amended by adding the following after subsection (1):
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 section 230 or 235.
Evidence
(1.2) If the employer fails to make or keep any record in respect of an employee that the employer is required to make or keep under this Part — or fails to allow the inspector to examine, take extracts from or make copies of such a record — the inspector may, when exercising the powers referred to in subsection (1), rely on any other available evidence.
— 2017, c. 20, s. 358
358 The Act is amended by adding the following after section 251:
Internal Audit
Internal audit order
251.001 (1) Subject to the regulations, the Minister may, in writing, for the purpose of verifying compliance or preventing non-compliance with this Part, order an employer to, in accordance with the order,
Contents of order
(2) The Minister shall, in the internal audit order, specify
(a) any industrial establishment and class of employees to which it applies;
(b) the period of time to be covered by the internal audit;
(c) the provisions of this Part or the regulations with respect to which the internal audit was ordered;
(d) the date by which the employer is to provide the report; and
(e) the form of the report.
Information to include in report
(3) The Minister may also specify in the order that the report is to contain any information that the Minister considers appropriate.
Service
(4) Service of the order or of a copy of it shall be by personal service, by registered mail or by any other means prescribed by regulation and, in the case of registered mail, the order or its copy shall be deemed to have been received by the addressee on the seventh day after the day on which it was mailed.
Proof of service
(5) A certificate purporting to be signed by the Minister certifying that a document referred to in subsection (4) was sent by registered mail or by any other means prescribed by regulation to the addressee, accompanied by a true copy of the document and by an identifying post office certificate of the registration or other proof, prescribed by regulation, that the document has been sent or received, is admissible in evidence and is proof of the statements contained in the certificate, without proof of the signature or official character of the person appearing to have signed the certificate.
Report — non-compliance
(6) If the employer determines that it had not complied with any provision referred to in the order, the employer shall set out in the report the nature of the employer’s non-compliance and the steps that have been or will be taken by the employer to comply with the provision.
Report — wages and other amounts
(7) If the employer determines that any wages or other amounts to which an employee is entitled under this Part are owed, the employer shall also state in the report the name of the employee, the amount owed for the period of time covered by the internal audit, the method used to determine the amount owed and any payment subsequently made to the employee with respect to that amount owed.
Inspection and complaint not precluded
(8) For greater certainty, nothing in this section precludes an inspection from being made, or a complaint from being dealt with, under this Part.
False information
(9) No employer shall make a false or misleading statement in a report.
— 2017, c. 20, s. 359
359 Subsection 251.01(4) of the Act is replaced by the following:
Limitation
(4) An employee who has been dismissed is not permitted to make a complaint under subsection (1) on the grounds that the employee considers the dismissal to be unjust. However, the employee may file a complaint under subsection (1) if it relates only to the payment of their wages or other amounts to which they are entitled under this Part, including amounts referred to in subsection 230(1) or (2) or 235(1).
— 2017, c. 20, s. 360
360 The heading before section 251.1 of the Act is replaced by the following:
Inspector’s Orders
Compliance order
251.06 (1) If an inspector is of the opinion that an employer is contravening or has contravened a provision of this Part, its regulations or any condition of a permit issued under subsection 176(1), the inspector may issue a compliance order in writing requiring the employer to terminate the contravention within the time that the inspector may specify and take any step, as specified by the inspector and within the time that the inspector may specify, to ensure that the contravention does not continue or reoccur.
Limitation
(2) An inspector shall not issue a compliance order under subsection (1),
Service of order
(3) Service of an order or of a copy of it shall be by personal service, by registered mail or by any other means prescribed by regulation and, in the case of registered mail, the order or its copy shall be deemed to have been received by the addressee on the seventh day after the day on which it was mailed.
Proof of service
(4) A certificate purporting to be signed by the Minister certifying that a document referred to in subsection (3) was sent by registered mail or by any other means prescribed by regulation to the addressee, accompanied by a true copy of the document and by an identifying post office certificate of the registration or other proof, prescribed by regulation, that the document has been sent or received, is admissible in evidence and is proof of the statements contained in the certificate, without proof of the signature or official character of the person appearing to have signed the certificate.
— 2017, c. 20, s. 361
361 (1) Paragraph 251.1(1.1)(a) of the Act is replaced by the following:
(a) in the case where the employee made a complaint under subsection 251.01(1) that was not rejected under subsection 251.05(1), the 24 months, plus any extension of the period for making the complaint that is granted by the Minister under subsection 251.01(3), immediately before the day on which the complaint was made or, if there was a termination of employment prior to the complaint being made, the 24 months immediately before the date of termination; and
(2) Subsection 251.1(1.1) of the Act is amended by striking out “and” at the end of paragraph (a) and by adding the following after paragraph (a):
(a.1) in the case where the payment order was issued to the employer on the basis of, in whole or in part, a report provided under subsection 251.001(1), the 24 months immediately before the day on which the order to provide the report was served; and
(3) Paragraph 251.1(1.1)(b) of the Act is replaced by the following:
(b) in any other case, the 24 months immediately before the day on which an inspection under this Part, during the course of which the inspector made the finding referred to in subsection (1), began.
(4) Subsections 251.1(1.2) to (4) of the Act are replaced by the following:
Complaint unfounded
(2) An inspector dealing with a complaint of non-payment of wages or other amounts to which an employee is entitled under this Part shall notify the employee in writing that their complaint is unfounded if the inspector concludes that the employer has paid to the employee all wages and other amounts to which the employee is entitled under this Part for the period of six months, plus any extension of the period for making the complaint that is granted by the Minister under subsection 251.01(3), immediately before the day on which the complaint was made.
Notice of voluntary compliance
(2.1) An inspector dealing with a complaint of non-payment of wages or other amounts to which an employee is entitled under this Part shall notify the employee in writing that the employer has voluntarily paid to the employee all wages and other amounts owing if
(a) the inspector concludes that the employer has, since the complaint was made, paid to the employee all wages and other amounts owing for the period of 24 months, plus any extension of the period for making the complaint that is granted by the Minister under subsection 251.01(3), immediately before the day on which the complaint was made and for any subsequent period specified by the inspector; and
(b) the inspector has not issued a payment order or a notice of unfounded complaint with respect to the complaint.
Service of order or notice
(3) Service of a payment order or a copy of it, of a notice of unfounded complaint, or of a notice of voluntary compliance shall be by personal service, by registered mail or by any other means prescribed by regulation and, in the case of registered mail, the order, copy or notice shall be deemed to have been received by the addressee on the seventh day after the day on which it was mailed.
Proof of service
(4) A certificate purporting to be signed by the Minister certifying that a document referred to in subsection (3) was sent by registered mail or by any other means prescribed by regulation to the addressee, accompanied by a true copy of the document and by an identifying post office certificate of the registration or other proof, prescribed by regulation, that the document has been sent or received, is admissible in evidence and is proof of the statements contained in the certificate, without proof of the signature or official character of the person appearing to have signed the certificate.
— 2017, c. 20, s. 362
362 The Act is amended by adding the following after section 251.1:
Inspector’s Orders — Review and Appeal
— 2017, c. 20, s. 363
363 (1) Subsection 251.101(1) of the Act is replaced by the following:
Request for review
251.101 (1) A person who is affected by a payment order, a notice of unfounded complaint or a notice of voluntary compliance may send a written request with reasons for a review of the inspector’s decision to the Minister within 15 days after the day on which the order or a copy of the order or the notice is served.
(2) Subsection 251.101(1) of the Act is replaced by the following:
Request for review
251.101 (1) An employer to whom a compliance order has been issued or a person who is affected by a payment order, a notice of unfounded complaint or a notice of voluntary compliance may send a written request with reasons for a review of the inspector’s decision to the Minister
(a) subject to paragraph (b), within 15 days after the day on which the order or a copy of the order or the notice is served; or
(b) if a compliance order is served with a notice of violation issued under subsection 276(1) for the same contravention, within 30 days after the day on which they are served.
(3) Subsection 251.101(2) of the Act is replaced by the following:
Payment of amount and administrative fee
(2) An employer or a director of a corporation is not permitted to request a review of a payment order unless the employer or director pays to the Minister the amount indicated in the payment order and, in the case of an employer, the administrative fee specified in the payment order in accordance with subsection 251.131(1), subject to, in the case of a director, the maximum amount of the director’s liability under section 251.18.
Security
(2.1) The Minister may allow an employer or a director of a corporation to give security, in a form satisfactory to the Minister and on any conditions specified by the Minister, for all or part of the amount and fee referred to in subsection (2).
(4) Subsections 251.101(3) to (5) of the Act are replaced by the following:
Review
(3) On receipt of the request for review, the Minister may, in writing,
Service of documents
(4) Service of a decision made under subsection (3) shall be by personal service, by registered mail or by any other means prescribed by regulation on any person who is affected by the payment order, the notice of unfounded complaint or the notice of voluntary compliance and, in the case of registered mail, the decision shall be deemed to have been received by the addressee on the seventh day after the day on which it was mailed.
Proof of service
(5) A certificate purporting to be signed by the Minister certifying that a decision referred to in subsection (4) was sent by registered mail or by any other means prescribed by regulation to the addressee, accompanied by a true copy of the decision and by an identifying post office certificate of the registration or other proof, prescribed by regulation, that the decision has been sent or received, is admissible in evidence and is proof of the statements contained in the certificate, without proof of the signature or official character of the person appearing to have signed the certificate.
(5) Paragraph 251.101(3)(a) of the Act is replaced by the following:
(a) confirm, rescind or vary, in whole or in part, the payment order or the compliance order; or
(6) Subsection 251.101(4) of the Act is replaced by the following:
Service of documents
(4) Service of a decision made under subsection (3) shall be by personal service, by registered mail or by any other means prescribed by regulation on any person who is affected by the payment order, the notice of unfounded complaint or the notice of voluntary compliance or, in the case of a compliance order, on the employer. If the decision is served by registered mail, it shall be deemed to have been received by the addressee on the seventh day after the day on which it was mailed.
(7) Subsection 251.101(7) of the Act is replaced by the following:
Request treated as an appeal
(7) The Minister may, if the Minister considers it appropriate in the circumstances, treat the request for review as an appeal of the inspector’s decision, in which case the Minister shall so inform any person who is affected by the payment order, the notice of unfounded complaint or the notice of voluntary compliance, and the request for review shall be considered to be an appeal for the purposes of section 251.12.
(8) Subsection 251.101(7) of the Act is replaced by the following:
Request treated as an appeal
(7) The Minister may, if the Minister considers it appropriate in the circumstances, treat the request for review as an appeal of the inspector’s decision, in which case the Minister shall so inform any person who is affected by the payment order, the notice of unfounded complaint or the notice of voluntary compliance and shall refer the request for review to the Board, and the Board shall be considered to have an appeal before it for the purposes of section 251.12.
(9) Subsection 251.101(7) of the Act is replaced by the following:
Request treated as an appeal
(7) The Minister may, if the Minister considers it appropriate in the circumstances, treat the request for review as an appeal of the inspector’s decision, in which case the Minister shall so inform any person who is affected by the payment order, the notice of unfounded complaint or the notice of voluntary compliance — or, in the case of a compliance order, the employer — and shall refer the request for review to the Board, and the Board shall be considered to have an appeal before it for the purposes of section 251.12.
— 2017, c. 20, s. 364
364 (1) Subsection 251.11(1) of the Act is replaced by the following:
Appeal
251.11 (1) A person who is affected by a decision made under subsection 251.101(3), other than a decision to rescind a notice of unfounded complaint or a notice of voluntary compliance, may appeal the decision to the Minister, in writing, within 15 days after the day on which the decision is served, but only on a question of law or jurisdiction.
(2) Subsection 251.11(1) of the Act is replaced by the following:
Appeal
251.11 (1) A person who is affected by a decision made under subsection 251.101(3), other than a decision to rescind a notice of unfounded complaint or a notice of voluntary compliance, may appeal the decision to the Board, in writing, within 15 days after the day on which the decision is served, but only on a question of law or jurisdiction.
(3) Subsection 251.11(1) of the Act is replaced by the following:
Appeal
251.11 (1) Subject to subsection (1.1), a person who is affected by a decision made under subsection 251.101(3), other than a decision to rescind a notice of unfounded complaint or a notice of voluntary compliance, may appeal the decision to the Board, in writing, within 15 days after the day on which the decision is served.
Exception — compliance order
(1.1) Only an employer to whom a compliance order has been issued may appeal a decision with respect to that order.
Scope of appeal
(1.2) Except in the case of a compliance order, the person may appeal the decision only on a question of law or jurisdiction.
(4) Subsection 251.11(3) of the Act is replaced by the following:
Payment of amount and administrative fee
(3) An employer or director of a corporation is not permitted to appeal a decision confirming or varying a payment order unless the employer or director pays to the Minister the amount indicated in the decision — and, in the case of an employer, the administrative fee specified in the decision in accordance with subsection 251.131(1) — less any amount and administrative fee paid under subsection 251.101(2).
Security
(3.1) The Minister may allow an employer or a director of a corporation to give security, in a form satisfactory to the Minister and on any conditions specified by the Minister, for all or part of the amount and fee referred to in subsection (3).
— 2017, c. 20, s. 365
365 Section 251.12 of the Act is replaced by the following:
Minister informed of appeal
251.111 (1) The Board shall inform the Minister in writing when an appeal is brought under subsection 251.11(1) and provide him or her with a copy of the request for appeal.
Documents provided to Board — Minister
(2) In an appeal under this Part, the Minister shall, on request of the Board, provide to the Board a copy of any document that the Minister relied on for the purpose of making the decision being appealed.
Documents provided to Board — inspector
(3) In an appeal under subsection 251.101(7), the inspector shall, on request of the Board, provide to the Board a copy of any document that the inspector relied on for the purpose of issuing the order or notice being appealed.
Documents provided to Minister
(4) The Board shall, on request of the Minister, provide to the Minister a copy of any document that is filed with the Board in the appeal.
Power of Minister
(5) The Minister may, in an appeal under this Part, present evidence and make representations to the Board.
Board decision
251.12 (1) The Board may, in an appeal under this Part, make any order that is necessary to give effect to its decision, including an order to
(a) confirm, rescind or vary, in whole or in part, the decision being appealed;
(b) direct payment to any specified person of any wages or other amounts held in trust by the Receiver General that relate to the appeal;
(c) award costs in the proceedings; and
(d) order a party, whose conduct in the proceedings has, in the Board’s opinion, unduly delayed the determination of the appeal, to pay to the Receiver General an amount that is equal to all or part of the expenses incurred in the proceedings by the Board.
Copies of decision to be sent
(2) The Board shall send a copy of the decision, with reasons, to each party to the appeal and to the Minister.
Order final
(3) The order of the Board is final and shall not be questioned or reviewed in any court.
No review by certiorari, etc.
(4) No order shall be made, process entered or proceeding taken in any court, whether by way of injunction, certiorari, prohibition, quo warranto or otherwise, to question, review, prohibit or restrain the Board in any proceedings under this section.
Wages
(5) An employee who has been summoned by the Board to attend at an appeal proceeding under this Part and who attends is entitled to be paid by the employer at the employee’s regular rate of wages for the time spent at the proceeding that would otherwise have been time at work.
Debt to Her Majesty
(6) The expenses to be paid in accordance with an order issued under paragraph (1)(d) constitute a debt due to Her Majesty in right of Canada and are recoverable as such in the Federal Court or any other court of competent jurisdiction or in any other manner provided under this Act.
— 2017, c. 20, s. 366
366 Section 251.13 of the Act is replaced by the following:
General Provisions — Orders
Order to debtor of employer
251.13 (1) A regional director may issue a written order to a person who is or is about to become indebted to an employer to whom a payment order has been issued under subsection 251.1(1) to pay any amount owing to the employer, up to the total of the amount and the administrative fee indicated in the payment order, directly to the Minister within 15 days, in satisfaction of the payment order.
Order to debtor of director of corporation
(1.1) A regional director may issue a written order to a person who is or is about to become indebted to a director of a corporation to whom a payment order has been issued under subsection 251.1(1) to pay any amount owing to the director of the corporation, up to the amount indicated in the payment order, directly to the Minister within 15 days, in satisfaction of the payment order.
Banks, etc.
(2) For the purposes of this section, a bank or other financial institution that has money on deposit to the credit of an employer or a director of a corporation shall be deemed to be indebted to that employer or that director.
Administrative fee
251.131 (1) A payment order made to an employer under subsection 251.1(1), and any decision made under subsection 251.101(3) or section 251.12 with respect to that payment order ordering the employer to pay wages or other amounts to an employee, shall specify the amount of the administrative fee — which is equal to the greater of $200 and 15% of the amounts indicated in the payment order or decision — that the employer is to pay.
Payment
(2) The employer is liable only for the administrative fee that is specified in a final decision and shall pay it — less any administrative fee paid under subsection 251.101(2) or 251.11(3) — to the Minister. In the case of any overpayment, the employer is entitled to its reimbursement.
Debt to Her Majesty
(3) An administrative fee constitutes a debt due to Her Majesty in right of Canada and is recoverable as such in the Federal Court or any other court of competent jurisdiction or in any other manner provided under this Act, including under subsection 251.13(1) and section 251.15.
Return of security
251.132 The Minister, after a final decision has been made in respect of which security was given,
(a) may apply, in whole or in part, the security given under subsection 251.101(2.1) or 251.11(3.1) toward any amounts — and, if the security was given by an employer, any administrative fee — owing under the final decision by the employer or a director of a corporation who gave the security; and
(b) shall return the security or, if it was applied under paragraph (a), any part that remains after the amounts and, in the case of an employer, the administrative fee have been paid.
— 2017, c. 20, s. 367
367 Section 251.14 of the Act is amended by adding the following after subsection (1):
Consolidated Revenue Fund
(1.1) The moneys that are equal to the administrative fees paid to the Minister under this Part with respect to matters that are the subject of a final decision shall be debited from the account referred to in subsection (1) and credited to the Consolidated Revenue Fund no later than the fiscal year following the fiscal year in which the final decision is made.
— 2017, c. 20, s. 368
368 (1) Subsections 251.15(1) and (1.1) of the Act are replaced by the following:
Enforcement of orders
251.15 (1) Any person who is affected by a payment order issued under subsection 251.1(1) or confirmed or varied under subsection 251.101(3) or by an order of the Board made under subsection 251.12(1), or the Minister, may, after the day provided in the order for compliance or after 15 days following the day on which the order is issued, made, confirmed or varied, whichever is later, file in the Federal Court a copy of the payment order, or a copy of the order of the Board, exclusive of reasons.
Limitation
(1.1) However, a payment order is not to be filed while it is or may be the subject of a review under subsection 251.101(1) or an appeal under subsection 251.101(7) or section 251.11 or if an order of the Board is made under paragraph 251.12(1)(a) relating to the payment order.
(2) Subsection 251.15(2) of the Act is replaced by the following:
Enforcement of orders to debtors
(2) After the expiration of the 15 day period specified in an order to a debtor of the employer or of the director of a corporation made under section 251.13, the regional director may file a copy of the order in the Federal Court.
— 2017, c. 20, s. 369
369 Section 251.16 of the Act is replaced by the following:
Regulations
251.16 The Governor in Council may make regulations respecting the operation of sections 251.001 and 251.1 to 251.15.
— 2017, c. 20, s. 370
370 Section 251.16 of the Act is replaced by the following:
Regulations
251.16 The Governor in Council may make regulations respecting the operation of sections 251.001, 251.1, 251.101 and 251.13 to 251.15.
— 2017, c. 20, s. 371
371 Section 251.17 of the Act is replaced by the following:
Statutory Instruments Act
251.17 The Statutory Instruments Act does not apply in respect of payment orders, notices of unfounded complaint, notices of voluntary compliance or orders to debtors.
— 2017, c. 20, s. 372
372 Section 251.17 of the Act is replaced by the following:
Statutory Instruments Act
251.17 The Statutory Instruments Act does not apply in respect of internal audit orders, payment orders, notices of unfounded complaint, notices of voluntary compliance or orders to debtors.
— 2017, c. 20, s. 373
373 Section 251.17 of the Act is replaced by the following:
Statutory Instruments Act
251.17 The Statutory Instruments Act does not apply in respect of internal audit orders, compliance orders, payment orders, notices of unfounded complaint, notices of voluntary compliance or orders to debtors.
— 2017, c. 20, s. 374
374 (1) The portion of subsection 253(1) of the Act before paragraph (b) is replaced by the following:
Notice to furnish information
253 (1) Where the Minister is authorized to require a person to furnish information under this Part or the regulations, the Minister may require the information to be furnished by a notice to that effect served by personal service, by registered mail addressed to the latest known address of the addressee, or by any other means prescribed by regulation, and that person
(a) if the notice is sent by registered mail, shall be deemed to have received the notice on the seventh day after the day on which it was mailed; and
(2) Subsection 253(2) of the Act is replaced by the following:
Proof of service
(2) A certificate purporting to be signed by the Minister certifying that a notice was sent by registered mail or by any other means prescribed by regulation to the addressee, accompanied by a true copy of the notice and by an identifying post office certificate of the registration or other proof, prescribed by regulation, that the notice has been sent or received, is admissible in evidence and is proof of the statements contained in the certificate, without proof of the signature or official character of the person appearing to have signed the certificate.
(3) Section 253 of the Act is amended by adding the following after subsection (5):
Statutory Instruments Act
(6) The Statutory Instruments Act does not apply in respect of notices referred to in subsection (1).
— 2017, c. 20, s. 375
375 Paragraph 256(1)(a) of the Act is replaced by the following:
(a) contravenes any provision of this Part or the regulations, other than a provision of Division IX, subsection 239.1(2), 239.2(1), 251.001(9) or 252(2) or any regulation made under section 227 or paragraph 264(a);
— 2017, c. 20, s. 376
376 The Act is amended by adding the following after section 259.1:
Publication
259.2 The Minister may, subject to the regulations, make public the name of an employer convicted of an offence under this Part, the nature of the offence, the punishment imposed and any other information prescribed by regulation.
— 2017, c. 20, s. 377
377 The Act is amended by adding the following after section 267:
PART IVAdministrative Monetary Penalties
Interpretation and Application
Definitions
268 (1) The following definitions apply in this Part.
- department
department means a department in, or other portion of, the federal public administration to which Part II applies, as provided under subsection 123(2). (ministère)
- employer
employer has,
- penalty
penalty means an administrative monetary penalty imposed under this Part for a violation. (pénalité)
Application — department
(2) This Part applies to a department and to persons employed in a department only in respect of a violation that is related to Part II.
Purpose
Purpose of Part
269 The purpose of this Part is to establish, as an alternative to the existing penal system and as a supplement to existing enforcement measures, a fair and efficient penalty system to promote compliance with Parts II and III of this Act.
Regulations
Regulations
270 (1) The Governor in Council may make regulations
(a) designating as a violation that may be proceeded with in accordance with this Part
(i) the contravention of any specified provision of Part II or III or of any regulations made under those Parts,
(ii) the contravention of any direction, or of any direction of any specified class of directions, issued under any provision of Part II or of any regulations made under that Part,
(iii) the contravention of any order, or of any order of any specified class of orders, made or issued under any provision of Part II or III or of any regulations made under those Parts, or
(iv) the failure to comply with any condition, or with any condition of any specified class of conditions, of a permit issued under section 176;
(b) respecting the determination of, or the method of determining, the amount payable as the penalty for each violation, penalties which may be different for individuals and for other persons and departments;
(c) respecting the circumstances under which, the criteria by which and the manner in which a penalty may be reduced;
(d) respecting the determination of a lesser amount than the penalty imposed that may be paid in complete satisfaction of the penalty if paid within the time and manner prescribed by regulation;
(e) respecting the service of documents required or authorized under this Part, including the manner and proof of service and the circumstances under which documents are deemed to be served;
(f) prescribing the method of calculating and determining the regular rate of wages for the purpose of section 288;
(g) prescribing anything that by this Part is to be prescribed; and
(h) generally, for carrying out the purposes and provisions of this Part.
Restriction — amount of penalty
(2) The amount that may be determined under any regulations made under paragraph (1)(b) as the penalty for a violation may not exceed $250,000.
Minister’s Powers
Powers regarding notices of violation
271 The Minister may
Delegation
272 Subject to any terms and conditions specified by the Minister, the Minister may delegate to any qualified person or class of persons any of the powers the Minister is authorized to exercise or any of the duties or functions the Minister is authorized to perform for the purposes of this Part.
Commission of Violations
Violations
273 Every person or department that contravenes or fails to comply with a provision, direction, order or condition designated by regulations made under paragraph 270(1)(a) commits a violation and is liable to a penalty of an amount to be determined in accordance with the regulations.
Liability of parties to violation
274 If a corporation or a department commits a violation, any of the following persons who directed, authorized, assented to, acquiesced in or participated in the commission of the violation is a party to the violation and is liable to a penalty of an amount to be determined in accordance with the regulations, whether or not the corporation or department has been proceeded against in accordance with this Part:
Proof of violation — employees
275 In any proceedings under this Part against a person or a department in relation to a violation, it is sufficient proof of the violation to establish that it was committed by an employee or agent or mandatary of the person or of the department, whether or not the employee or agent or mandatary has been identified or proceeded against in accordance with this Part.
Notice of violation
276 (1) If a person designated under paragraph 271(b) has reasonable grounds to believe that a person or a department has committed a violation, the designated person may issue a notice of violation and shall cause it to be served on the person or on the department in accordance with the regulations.
Contents
(2) The notice of violation shall
(a) name the person or department that is believed to have committed the violation;
(b) set out the relevant facts surrounding the violation;
(c) set out the penalty for the violation;
(d) inform the person or department of their right to contest the facts of the alleged violation or the penalty, by way of review and appeal, and of the procedure to be followed to exercise that right;
(e) inform the person or department of the manner of paying the penalty set out in the notice; and
(f) inform the person or department that, if they do not pay the penalty or exercise their right referred to in paragraph (d), they will be considered to have committed the violation and that they are liable for the penalty set out in the notice.
Copy given by employer
(3) If the notice of violation is issued to an employer who has committed a violation by contravening a provision of Part II or a direction issued under that Part, the employer shall, without delay, give a copy of the notice to the work place committee or health and safety representative, as those terms are defined in subsection 122(1).
Rules About Violations
Certain defences not available
277 (1) A person or department named in a notice of violation does not have a defence by reason that the person or the department
Common law principles
(2) Every rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for an offence under Part II or III applies in respect of a violation to the extent that it is not inconsistent with this Part.
Continuing violation
278 A violation that is committed or continued on more than one day constitutes a separate violation for each day on which it is committed or continued.
Violation or offence
279 (1) Proceeding with any act or omission as a violation under this Part precludes proceeding with it as an offence under Part II or III, and proceeding with it as an offence under Part II or III precludes proceeding with it as a violation under this Part.
For greater certainty
(2) For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply in respect of a violation.
Limitation period
280 No notice of violation in respect of a violation may be issued more than two years after the day on which the subject-matter of the violation arises.
Reviews
Request for review
281 A person or a department that is served with a notice of violation may, within 30 days after the day on which the notice is served, or within any longer period that the Minister allows, make a request, in the manner prescribed by regulation, to the Minister for a review of the penalty or the facts of the alleged violation, or both.
Variation or cancellation of notice of violation
282 At any time before a request for review in respect of a notice of violation comes before the Minister, a person designated under paragraph 271(b) may cancel the notice of violation or correct an error in it.
Review
283 (1) On receipt of a request for review made under section 281, the Minister shall conduct the review of the notice of violation.
Rules of procedure
(2) The Minister may make rules governing the procedure with respect to reviews under this Part.
Request treated as an appeal
(3) The Minister may, if the Minister considers it appropriate in the circumstances, treat the request for review as an appeal, in which case the Minister shall so inform the applicant and refer the request for review to the Board, and the Board shall be considered to have an appeal before it for the purposes of this Part.
Object of review
284 (1) The Minister shall determine, as the case may be, whether the amount of the penalty for the violation was determined in accordance with the regulations or whether the applicant committed the violation, or both.
Correction of penalty
(2) If the Minister determines that the amount of the penalty for the violation was not determined in accordance with the regulations, the Minister shall correct the amount of the penalty.
Decision
(3) The Minister shall make a decision in writing and serve the applicant with a copy of the decision, with reasons.
Copy given by employer
(4) If a decision is made with respect to a notice of violation referred to in subsection 276(3), the employer shall, without delay, give a copy of the decision to the work place committee or health and safety representative, as those terms are defined in subsection 122(1).
Obligation to pay
(5) If the Minister determines that the applicant committed the violation, the applicant is liable for the penalty that is set out in the decision.
Decision final
(6) Subject to the right of appeal under section 285, every decision made under this section is final and shall not be questioned or reviewed in any court.
Appeal
Appeal
Minister informed of appeal
286 (1) The Board shall inform the Minister in writing when an appeal is brought under subsection 285(1) and provide him or her with a copy of the request for appeal.
Documents provided to Board
(2) The Minister shall, on request of the Board, provide to the Board a copy of any document that the Minister relied on for the purpose of making the decision being appealed.
Documents provided to Minister
(3) The Board shall, on request of the Minister, provide to the Minister a copy of any document that is filed with the Board in the appeal.
Power of Minister
(4) The Minister may, in an appeal, present evidence and make representations to the Board.
Object of appeal
287 (1) In an appeal under this Part, the Board shall determine, as the case may be, whether the amount of the penalty for the violation was determined in accordance with the regulations or whether the appellant committed the violation, or both.
Correction of penalty
(2) If the Board determines that the amount of the penalty for the violation was not determined in accordance with the regulations, the Board shall correct the amount of the penalty.
Decision
(3) The Board shall make a decision in writing and provide the appellant and the Minister with a copy of the decision, with reasons.
Copy given by employer
(4) If a decision is made with respect to a notice of violation referred to in subsection 276(3), the employer shall, without delay, give a copy of the decision to the work place committee or health and safety representative, as those terms are defined in subsection 122(1).
Obligation to pay
(5) If the Board determines that the appellant committed the violation, the appellant is liable for the penalty that is set out in the decision.
Decision final
(6) Every decision made under this section is final and shall not be questioned or reviewed in any court.
No review by certiorari, etc.
(7) No order shall be made, process entered or proceeding taken in any court, whether by way of injunction, certiorari, prohibition, quo warranto or otherwise, to question, review, prohibit or restrain the Board in any proceedings under this section.
Wages
288 An employee who has been summoned by the Board to attend at an appeal proceeding under this Part and who attends is entitled to be paid by the employer at the employee’s regular rate of wages for the time spent at the proceeding that would otherwise have been time at work.
Responsibility
Payment
289 If a person or a department pays the penalty set out in a notice of violation, the person or the department is considered to have committed the violation and proceedings in respect of it are ended.
Failure to act
290 A person or a department that neither pays a penalty imposed under this Part nor requests a review or an appeal in the specified time is considered to have committed the violation and is liable for the penalty.
Recovery of Penalties
Debt to Her Majesty
291 (1) A penalty constitutes a debt due to Her Majesty in right of Canada and is recoverable as such in the Federal Court or any other court of competent jurisdiction.
Limitation period
(2) No proceedings to recover the debt may be instituted more than five years after the day on which the debt becomes payable.
Certificate
292 (1) The Minister may issue a certificate certifying the unpaid amount of any debt referred to in subsection 291(1).
Registration
(2) Registration in the Federal Court or in any other court of competent jurisdiction of a certificate issued under subsection (1) has the same force and effect as a judgment of that court for a debt of the amount specified in the certificate and all related registration costs.
General
Admissibility of documents
293 In the absence of evidence to the contrary, a document that appears to be a notice of violation issued under subsection 276(1) is presumed to be authentic and is proof of its contents in any proceeding in respect of a violation.
Burden of proof
294 If the facts of a violation are reviewed or appealed, the person who issued the notice of violation shall establish, on a balance of probabilities, that the applicant or the appellant committed the violation.
Publication
295 The Minister may, subject to the regulations, make public the name of an employer who committed a violation under this Part, the nature of the violation, the amount of the penalty imposed and any other information prescribed by regulation.
— 2017, c. 20, s. 382
Appeals — subsection 146(1)
382 The Canada Labour Code, as it read immediately before the day on which this section comes into force, applies with respect to any appeal made before that day under subsection 146(1) of that Act.
— 2017, c. 20, s. 383
Complaints — subsection 240(1)
383 The Canada Labour Code, as it read immediately before the day on which this section comes into force, applies with respect to any complaint made before that day under subsection 240(1) of that Act.
— 2017, c. 20, s. 384
Complaints relating to reprisal
384 Division XIV.1 of Part III of the Canada Labour Code does not apply with respect to reprisals carried out before the day on which this section comes into force.
— 2017, c. 20, s. 385
Evidence
385 Subsection 251(1.2) of the Canada Labour Code does not apply with respect to an inspection, carried out under Part III of that Act, that began before the day on which this section comes into force or that began as a result of a complaint made before that day under subsection 251.01(1) of that Act.
— 2017, c. 20, s. 386
Compliance orders
386 Section 251.06 of the Canada Labour Code does not apply to contraventions committed before the day on which this section comes into force.
— 2017, c. 20, s. 387
Review and appeal
387 The Canada Labour Code, as it read immediately before the day on which this section comes into force, applies with respect to any request for appeal made before that day under subsection 251.11(1) of that Act and any request for review that the Minister of Labour has decided, before that day, to treat as an appeal under subsection 251.101(7) of that Act.
— 2017, c. 20, s. 388
Order to debtor of director of corporation
388 Subsection 251.13(1.1) of the Canada Labour Code does not apply with respect to a payment order issued as a result of an inspection, carried out under Part III of that Act, that began before the day on which this section comes into force or that began as a result of a complaint made before that day under subsection 251.01(1) of that Act.
— 2017, c. 20, s. 389
Administrative fee
389 Section 251.131 of the Canada Labour Code does not apply with respect to
(a) a payment order issued as a result of an inspection, carried out under Part III of that Act, that began before the day on which this section comes into force or that began as a result of a complaint made before that day under subsection 251.01(1) of that Act; or
(b) a decision made under section 251.101 or 251.12 of that Act relating to the payment order.
— 2017, c. 20, s. 390
Part IV of the Canada Labour Code
390 Part IV of the Canada Labour Code does not apply to violations committed before the day on which this section comes into force.
— 2017, c. 20, s. 392
Persons who occupy a position
392 (1) All of the persons who occupy a position within the Department of Employment and Social Development and carry out powers, duties or functions that are in whole or in part in support of or related to the powers, duties and functions of appeals officers under Part II of the Canada Labour Code or those of the Minister of Labour under sections 242, 251.11 and 251.12 of that Act immediately before the day on which this section comes into force occupy their position within the Administrative Tribunals Support Service of Canada beginning on a day to be fixed by order of the Governor in Council.
No change in status
(2) Nothing in subsection (1) is to be construed as affecting the status of such a person, except that the person, beginning on the day fixed by the order referred to in subsection (1), occupies their position within the Administrative Tribunals Support Service of Canada.
Transfer of money
(3) Any money that is appropriated by an Act of Parliament, for the fiscal year that includes the day fixed by the order referred to in subsection (1), to defray any charges and expenses of the Department of Employment and Social Development related to an appeal under Part II or III of the Canada Labour Code or to the powers, duties and functions of the Minister of Labour under sections 242, 251.11 and 251.12 of that Act and that is unexpended on that day is deemed, on that day, to be an amount appropriated to defray the charges and expenses of the Administrative Tribunals Support Service of Canada.
— 2017, c. 20, s. 398
This Act
398 (1) If subsection 320(1) comes into force on the same day as subsection 320(2), then subsections 320(1), 322(1), 325(2), 329(2), 363(8) and 364(2) are deemed to have come into force before subsections 320(2), 322(2), 325(3), 329(3), 363(9) and 364(3).
(2) If subsection 356(1) comes into force on the same day as subsection 356(2), then subsection 356(1) is deemed to have come into force before subsection 356(2).
(3) If subsection 363(1) comes into force on the same day as subsection 363(2), then subsections 363(1) and (4) are deemed to have come into force before subsections 363(2), (5) and (6).
(4) If subsection 363(7) comes into force on the same day as subsection 363(8), then subsections 363(7) and 364(1) are deemed to have come into force before subsections 363(8) and 364(2).
(5) If section 369 comes into force on the same day as section 370, then section 369 is deemed to have come into force before section 370.
(6) If section 371 comes into force on the same day as section 372, then section 371 is deemed to have come into force before section 372.
(7) If section 372 comes into force on the same day as section 373, then section 372 is deemed to have come into force before section 373.
— 2017, c. 20, s. 399
2010, c. 12
399 (1) In this section, other Act means the Jobs and Economic Growth Act.
(2) If subsection 338(1) of this Act comes into force before any of sections 2172 to 2177 of the other Act, then any of those sections 2172 to 2177 that is not in force on the day that subsection 338(1) comes into force is repealed.
(3) If subsection 338(1) of this Act comes into force on the same day as any of sections 2172 to 2177 of the other Act, then any of those sections that comes into force on that same day is deemed never to have come into force and is repealed.
— 2017, c. 20, s. 400
2015, c. 36
400 On the first day on which section 375 of this Act and subsection 91(1) of the Economic Action Plan 2015 Act, No. 1 are in force, paragraph 256(1)(a) of the Canada Labour Code is replaced by the following:
(a) contravenes any provision of this Part or the regulations, other than a provision of Division IX, subsection 239.1(2), 239.2(1), 251.001(9) or 252(2) or any regulation made under section 227 or paragraph 264(1)(a) or (a.1);
— 2017, c. 20, s. 401
Bill S-201
401 If Bill S-201, introduced in the 1st session of the 42nd Parliament and entitled the Genetic Non-Discrimination Act, receives royal assent, then, on the first day on which both section 8 of that Act and section 354 of this Act are in force,
(a) Section 247.99 of the Canada Labour Code is amended by adding the following after subsection (6):
Powers of adjudicator
(6.1) An adjudicator to whom a complaint has been referred under subsection (6)
(a) shall consider the complaint within such time as the Governor in Council may by regulation prescribe;
(b) shall determine the procedure to be followed, but shall give full opportunity to the parties to the complaint to present evidence and make submissions to the adjudicator and shall consider the information relating to the complaint; and
(c) has, in relation to any complaint before the adjudicator, the powers conferred on the Board, in relation to any proceeding before the Board, under paragraphs 16(a), (b) and (c).
(b) Subsection 247.99(9) of the Act is replaced by the following:
Decisions not to be reviewed by court
(9) Every order of an adjudicator appointed under subsection (6) is final and shall not be questioned or reviewed in any court.
No review by certiorari, etc.
(10) No order shall be made, process entered or proceeding taken in any court, whether by way of injunction, certiorari, prohibition, quo warranto or otherwise, to question, review, prohibit or restrain an adjudicator in any proceedings of the adjudicator under this section.
Enforcement of orders
(11) Any person affected by an order of an adjudicator under subsection (8), or the Minister on the request of any such person, may, after fourteen days from the date on which the order is made, or from the date provided in it for compliance, whichever is the later date, file in the Federal Court a copy of the order, exclusive of the reasons for it.
Registration
(12) On filing in the Federal Court under subsection (11), an order of an adjudicator shall be registered in the Court and, when registered, has the same force and effect, and all proceedings may be taken on it, as if the order were a judgment obtained in that Court.
Civil remedy
(13) No civil remedy of an employee against his employer is suspended or affected by the making of a complaint under this section.
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