Budget Implementation Act, 2017, No. 2 (S.C. 2017, c. 33)
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Assented to 2017-12-14
PART 5Various Measures (continued)
DIVISION 8R.S., c. L-2Canada Labour Code (continued)
Amendments to the Act (continued)
207 (1) Subsection 207.3(1) of the Act is replaced by the following:
Marginal note:Notice to employer of leave
207.3 (1) Every employee who takes a leave of absence from employment under any of sections 206.3 to 206.8 shall, as soon as possible, provide the employer with a notice in writing of the reasons for the leave, and the length of the leave that they intend to take.
(2) Subsection 207.3(2) of the English version of the Act is replaced by the following:
Marginal note:Notice of change in length of leave
(2) Every employee who is on a leave of absence from employment under any of sections 206.3 to 206.8 shall, as soon as possible, provide the employer with a notice in writing of any change in the length of the leave that they intend to take.
208 Subsection 209.3(2) of the Act is replaced by the following:
Marginal note:Prohibition
(2) The prohibitions set out in subsection (1) also apply in respect of an employee who has taken a leave of absence under any of sections 206.3 to 206.8.
209 (1) Paragraph 209.4(a) of the Act is replaced by the following:
(a) specifying the absences from employment that are considered not to have interrupted continuous employment referred to in any of sections 206, 206.1, 206.4 to 206.6 and 206.8;
(2) Paragraph 209.4(g) of the Act is replaced by the following:
(g) prescribing shorter periods of continuous employment for the purposes of subsections 206.4(2), 206.5(2) and (3), 206.6(1) and 206.8(1);
(3) Section 209.4 of the Act is amended by adding the following after paragraph (h):
(h.1) defining family violence for the purposes of section 206.7;
(h.2) prescribing cases, other than those set out in subsection 206.7(3), in which an employee is not entitled to a leave of absence and cases in which, despite that subsection, an employee is entitled to a leave of absence under subsection 206.7(2);
(h.3) prescribing documentation that the employer may request under any of subsections 206.6(3), 206.7(5) and 206.8(3);
210 Subsections 210(1) and (2) of the Act are replaced by the following:
Marginal note:Employee entitled
210 (1) Every employee is entitled to and shall be granted, in the event of the death of a member of their immediate family, a leave of absence from employment of up to five days that may be taken during the period that begins on the day on which the death occurs and ends six weeks after the latest of the days on which any funeral, burial or memorial service of that immediate family member occurs.
Marginal note:Extension
(1.1) At the request of the employee, the employer may extend, in writing, the period during which the leave of absence from employment may be taken.
Marginal note:Division of leave
(1.2) The leave of absence may be taken in one or two periods. The employer may require that any period of leave be of not less than one day’s duration.
Marginal note:Notice to employer
(1.3) Every employee who takes the leave of absence shall, as soon as possible, provide the employer with written notice of the beginning of any period of leave of absence and of the length of that leave.
Marginal note:Bereavement leave with pay
(2) If the employee has completed three consecutive months of continuous employment with the employer, the employee is entitled to the first three days of the leave with pay at their regular rate of wages for their normal hours of work, and such pay shall for all purposes be considered to be wages.
211 Section 247.9 of the Act is repealed.
212 Paragraph 247.97(h) of the Act is replaced by the following:
(h) specifying the circumstances in which section 247.7, subsection 247.8(1) or subsection 247.91(2) does not apply;
213 Section 251.01 of the Act is amended by adding the following after subsection (4):
Marginal note:Limitation — section 177.1
(4.1) With respect to a request made under subsection 177.1(1), an employee may make a complaint under subsection (1) only on the grounds that the employer has refused the request on any ground other than those referred to in subparagraphs 177.1(3)(c)(i) to (v) or has failed to comply with any requirement set out in section 177.1(4).
Transitional Provision
Marginal note:Subsection 175(2) of Canada Labour Code
214 Subsection 175(2) of the Canada Labour Code continues to apply in respect of the making of any regulations under paragraph 175(1)(a) or (b) of that Act for which the Minister of Labour has, before the coming into force of section 198 of this Act, caused an inquiry to be made under section 248 of that Act.
Coordinating Amendments
Marginal note:2017, c. 20
215 (1) On the first day on which both subsection 267(3) of the Budget Implementation Act, 2017, No. 1 and subsection 209(2) of this Act are in force, paragraph 209.4(g) of the Canada Labour Code is replaced by the following:
(g) prescribing shorter periods of continuous employment for the purposes of subsections 206(1), 206.1(1), 206.4(2) and (2.1), 206.5(2) and (3), 206.6(1) and 206.8(1);
(2) On the first day on which both subsection 356(1) of the Budget Implementation Act, 2017, No. 1 and section 197 of this Act are in force, paragraph 246.1(1)(a) of the Canada Labour Code is replaced by the following:
(a) the employer has taken action against the employee in contravention of subsection 174.1(4) or 177.1(7) or of section 208, 209.3, 238, 239, 239.1 or 247.96;
Coming into Force
Marginal note:Order in council
216 (1) Sections 195 to 204 and 210 to 214 come into force on a day to be fixed by order of the Governor in Council.
Marginal note:Order in council
(2) Sections 205 to 209 come into force on a day to be fixed by order of the Governor in Council.
DIVISION 92015, c. 36Economic Action Plan 2015 Act, No. 1
217 Section 89 of the Economic Action Plan 2015 Act, No. 1 is amended by replacing the subsection 167(1.2) that it enacts with the following:
Marginal note: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 the person, the employer, if the person performs the activities to fulfil the requirements of a program that is offered by a secondary or post-secondary educational institution, vocational school, or equivalent educational institution outside Canada, specified or described in the regulations.
218 Subsection 92(1) of the Act is amended by replacing the paragraphs 264(a.2) to (a.9) that it enacts with the following:
(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 subsection 167(1.2) fulfils the requirements of a program referred to in that subsection, 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 subsection 167(1.2) must provide to an employer the information referred to in paragraph (a.2);
(a.4) for the purpose of subsection 167(1.2), specifying or describing secondary or post-secondary educational institutions, vocational schools, or equivalent educational institutions outside Canada;
DIVISION 10Trade within Canada and Harmonization of Energy Efficiency Requirements
Canadian Free Trade Agreement Implementation Act
Marginal note:Enactment of Act
219 The Canadian Free Trade Agreement Implementation Act is enacted as follows:
An Act to implement the Canadian Free Trade Agreement
Preamble
Whereas the Government of Canada together with the Governments of Ontario, Quebec, Nova Scotia, New Brunswick, Manitoba, British Columbia, Prince Edward Island, Saskatchewan, Alberta, Newfoundland and Labrador, Yukon, the Northwest Territories and Nunavut have entered into the Canadian Free Trade Agreement;
And whereas the reduction or elimination of barriers to the free movement of persons, goods, services and investments is essential for the promotion of an open, efficient and stable domestic market to enhance the competitiveness of Canadian business and to promote sustainable and environmentally sound development;
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Short Title
Marginal note:Short title
1 This Act may be cited as the Canadian Free Trade Agreement Implementation Act.
Interpretation
Marginal note:Definitions
2 The following definitions apply in this Act.
- Agreement
Agreement means the Canadian Free Trade Agreement signed in 2017, as amended from time to time. (Accord)
- Minister
Minister means the member of the Queen’s Privy Council for Canada who is designated as the Minister for the purposes of any provision of this Act under section 8. (ministre)
Purpose
Marginal note:Purpose
3 The purpose of this Act is to implement the Agreement.
Her Majesty
Marginal note:Binding on Her Majesty
4 This Act is binding on Her Majesty in right of Canada.
General
Marginal note:Prohibition of private cause of action — section 12 or 14
5 (1) There is no cause of action and no proceedings of any kind are to be taken, without the consent of the Attorney General of Canada, to enforce or determine any right or obligation that is claimed or arises solely under or by virtue of section 12 or 14 or an order made under section 12.
Marginal note:Prohibition of private cause of action — Chapter Ten
(2) Except to the extent provided in Chapter Ten of the Agreement, there is no cause of action and no proceedings of any kind are to be taken, without the consent of the Attorney General of Canada, to enforce or determine any right or obligation that is claimed or arises solely under or by virtue of the Agreement.
Marginal note:For greater certainty
6 For greater certainty, nothing in this Act, by specific mention or omission, limits in any manner the right of Parliament to enact legislation to implement any provision of the Agreement or fulfil any of the obligations of the Government of Canada under the Agreement.
Implementation of Agreement
Approval of Agreement
Marginal note:Agreement approved
7 The Agreement is approved.
Designation of Minister
Marginal note:Order designating Minister
8 The Governor in Council may, by order, designate any member of the Queen’s Privy Council for Canada as the Minister for the purposes of any provision of this Act.
Orders Made Under Chapter Ten of Agreement
Marginal note:Orders of Federal Court
9 (1) An order to pay a monetary penalty or tariff costs made under Chapter Ten of the Agreement may, for the purpose of its enforcement only, be made an order of the Federal Court.
Marginal note:Procedure
(2) To make the order an order of the Federal Court, the party to the Agreement or the person in favour of whom the order is made must file a certified copy of the order in the Registry of the Federal Court and, on filing, the order becomes an order of that Court.
Marginal note:Enforcement
10 An order that is made an order of the Federal Court is enforceable in the same manner as any other order of that Court.
Marginal note:Orders final and binding
11 An order that is made an order of the Federal Court is final and binding and is not subject to appeal to any court.
Orders of Governor in Council
Marginal note:Orders: suspending benefits or imposing retaliatory measures
12 (1) For the purpose of suspending benefits of equivalent effect or imposing retaliatory measures of equivalent effect under Article 1013 of the Agreement, the Governor in Council may, by order, do any one or more of the following:
Marginal note:Definition of federal law
(2) In this section, federal law means the whole or any portion of any Act of Parliament or any regulation, order or other instrument issued, made or established in the exercise of a power conferred by or under an Act of Parliament.
Marginal note:Order subject to Chapter Ten
(3) For greater certainty, the making of an order under subsection (1) must be in accordance with and subject to Chapter Ten of the Agreement and, in particular,
Committee on Internal Trade
Marginal note:Appointment of representative
13 The Governor in Council may appoint a Minister to be a representative on the Committee on Internal Trade continued under Article 1100 of the Agreement.
Marginal note:Annual budget
14 The Government of Canada must pay its portion of the Internal Trade Secretariat’s annual operating budget referred to in Article 1102.3 of the Agreement.
Panels, Committees and Working Groups
Marginal note:Rosters
15 The Governor in Council may appoint any person who meets the requirements set out in Annex 1005.2 of the Agreement to be on the rosters referred to in Article 1005.2 of the Agreement.
Marginal note:Representatives on committees and working groups
16 The Minister may appoint any person to be a representative of Canada on any committee or working group referred to in the Agreement, other than the Committee on Internal Trade continued under Article 1100 of the Agreement.
Appointments
Marginal note:Appointments
17 (1) The Governor in Council may, by order, appoint any person to fill any position that may be necessary or advisable, in the opinion of the Governor in Council, for the carrying out of the purposes of the Agreement.
Marginal note:Remuneration
(2) A person appointed under subsection (1) may be paid the remuneration and expenses for their services that are fixed by the Governor in Council.
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