Canada: Workplace Changes Coming September To Federally Regulated Companies

Last Updated: August 14 2019
Article by Lori Sterling, John Gilmore and John C. Batzel

This fall there will be significant labour reforms in the federal sector.

As well, consultations will continue on pay equity, pay transparency, protection of wages where the employer is bankrupt, sexual harassment, accessibility for persons with disabilities and reforms of labour standards to deal with part-time and temporary workers.

Here are the key changes for this fall.

Unpaid Interns

Unpaid internships are no longer allowed in federally regulated workplaces unless the student is part of a workplace learning experience that is a mandatory part of an educational program. The educational program must be at a recognized post-secondary or vocational educational institution. This reform was designed to halt the increase in unpaid internships.

Even if a student is allowed an unpaid internship, he or she is still subject to selected Canada Labour Code protections including general holidays, breaks, notice of schedule of work, maximum hours of work, maternity, bereavement, medical and other leaves. The unpaid intern is also covered by occupational health and safety protections and the new sexual harassment provisions.

All other students will be considered employees and entitled to the full range of labour protections including minimum wage.

New Employment Standards

These reforms relate to employment standards legislation passed in 2017 as well as some of the labour reforms passed in the 2018 Budget.

(i) Flex Work

Where an employee has at least six consecutive months of continuous employment, he or she will have the right to request flexible work arrangements. The employer has to consider the request but does not have to grant it where there are operational or financial reasons for the denial. Both request and response have to be in writing.

(ii) Leaves

  • There is a new personal leave of up to five days with the first three days being paid. This leave is more generous and replaces prior medical leave provisions.
  • There is a new provision requiring leave for court or jury days.
  • There is an increase in entitlement to bereavement leave from three day to five days as long as an employee has three consecutive months of continuous employment. Only three of the five days are paid leaves. This leave need no longer be taken at one time.
  • Indigenous persons can take up to five days for traditional practices.
  • There is also a new leave to deal with victims of family violence. An individual can request up to ten days with five of these days being paid.
  • There is no increase in vacation time. However, employees can now take annual vacations in more than one period.
  • Employees will have the right to request replacement of a holiday which they have to work with any other day.
  • In the longshore and other similar industries, employees are employed by multiple employers. The new regulations combine these employers for purposes of being eligible for certain leaves including the new ones noted above.

(iii) Hours of Work, Overtime and Notice of Schedule Change

There are new provisions to deal with overtime work. Where the employer agrees, employees may take time off instead of receiving pay for overtime hours worked.

Employers are also required to provide at least 96 hours’ notice of a schedule change and 24 hours’ notice of a shift change unless there is an emergency. Employees can also refuse overtime in some circumstances.

Where the nature of work necessitates an irregular distribution of hours of work, an employer can average those hours over a period of two weeks or more. This provision is particularly important in the transportation industry where an employee can work an extended period of time in one shift. The Regulations make it clear that any paid days for personal leave or family violence leave are included in the calculation of the average hours of work.

(iv) Record Keeping and Posting

There is also a new requirement for employers to keep records for a period of at least three years after the work is performed. As well, all employment standards have to be posted in an accessible location.

Compliance and Enforcement

The main reforms relating to administrative monetary penalties will not come into force until 2020 but in the fall of 2019 there will be the coming into force of the transfer of powers to the Canada Industrial Relations Board of appeals relating to occupational health and safety, labour standards and wage earner protections of a bankrupt firm.

Conclusion

The reforms listed above are significant but there are still many reforms that have been legislated but are not yet in force. The federal election in October 2019 may have slowed down implementation of the remaining reforms until at least the spring of 2020. As well, the outcome of the election may impact which reforms ultimately do come into force. Labour provisions are frequently changed when there is a change in the political party that forms the government.

If the Liberal government is re-elected, it is possible that there could be further reforms as the government appointed an independent panel on federal labour standards to consider further reforms. That report has just been published and has extensive recommendations including a freestanding federal minimum wage.

Even in the absence of further reforms, if all existing reforms are implemented, it will be the most significant reform of the Canada Labour Code in the last 50 years.

Stay tuned as we will be tracking these reforms in the coming year.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Similar Articles
Relevancy Powered by MondaqAI
 
In association with
Related Topics
 
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
 
Related Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions