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

Assented to 2018-12-13

PART 4Various Measures (continued)

DIVISION 15Modernization of the Canada Labour Code (continued)

SUBDIVISION BHead of Compliance and Enforcement (continued)

561 Section 145.1 of the Act is replaced by the following:

Marginal note: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 and the Head 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) to (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).

562 Subsection 146(1) of the Act is replaced by the following:

Marginal note:Appeal of direction

  • 146 (1) An employer, employee or trade union that feels aggrieved by a direction issued by the Head 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.

563 Section 146.01 of the Act is replaced by the following:

Marginal note:Head informed of appeal

  • 146.01 (1) The Board shall inform the Head 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.

  • Marginal note:Documents provided to Board

    (2) The Head shall, on request of the Board, provide to the Board a copy of any document that the Head relied on for the purpose of making the decision or issuing the direction being appealed.

  • Marginal note:Documents provided to Head

    (3) The Board shall, on request of the Head, provide to the Head a copy of any document that is filed with the Board in the appeal.

  • Marginal note:Power of Head

    (4) The Head may, in an appeal, present evidence and make representations to the Board.

564 Subsection 146.1(2) of the Act is replaced by the following:

  • Marginal note: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 Head, 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.

565 Section 152 of the Act is replaced by the following:

Marginal note:Injunction proceedings

152 The Head may apply or cause an application to be made to a judge of a superior court for an order enjoining any person from contravening a provision of this Part, whether or not a prosecution has been instituted for an offence under this Part, or enjoining any person from continuing any act or default for which the person was convicted of an offence under this Part.

566 Section 154.1 of the Act is replaced by the following:

Marginal note:Publication

154.1 The Head 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.

  • 567 (1) Subsection 155(1) of the Act is replaced by the following:

    Marginal note:Notice to provide information

    • 155 (1) If a person is required to provide information for the purposes of this Part, the Head may require the information to be provided by a notice to that effect served personally or sent by registered mail addressed to the latest known address of the person, and the person shall comply with the notice within such reasonable time as is specified in it.

  • (2) The portion of subsection 155(2) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Proof of failure to provide information

      (2) A certificate purporting to be signed by the Head or by a person authorized by the Head,

  • (3) Paragraph 155(2)(b) of the English version of the Act is replaced by the following:

    • (b) certifying that the information has not been provided as requested in the notice sent by the Head,

568 Subsection 157(6) of the Act is replaced by the following:

  • Marginal note:Compliance with standards

    (6) Regulations made under this section that prescribe or incorporate a standard but that require the standard to be complied with only to the extent that compliance is practicable or reasonably practicable in circumstances governed by the standard may require the employer to report to the Head the reason that full compliance is not practicable or reasonably practicable in particular circumstances.

569 The definitions inspector and regional director in section 166 of the Act are repealed.

  • 570 (1) Subsections 172.1(1) and (2) of the Act are replaced by the following:

    Marginal note:Vote

    • 172.1 (1) If a work schedule is established, modified or cancelled under subsection 170(2) or 172(2), any affected employee may, within ninety days after the new schedule or its modification or cancellation takes effect, request that the Head conduct a vote to determine whether seventy per cent of the affected employees approve the new schedule or its modification or cancellation.

    • Marginal note:Duty of Head

      (2) If a request is made under subsection (1), the Head must conduct a secret vote to determine the percentage of the affected employees that approves the new schedule or the modification or cancellation.

  • (2) Subsection 172.1(4) to (6) of the Act are replaced by the following:

    • Marginal note:Counting of ballots

      (4) The Head must count the ballots in the presence of a representative chosen by the affected employees and a representative chosen by the employer.

    • Marginal note:Communication of result of vote

      (5) The Head must inform the employer, by written notice, of the result.

    • Marginal note:Effect of non-approval

      (6) If the result of the vote indicates that less than 70% of the affected employees approve the new schedule or its modification or cancellation, the employer must comply with the result of the vote within 30 days after being informed of that result by the Head.

  • (3) Subsection 172.1(8) of the Act is replaced by the following:

  • 571 (1) Subsections 176(1) and (2) of the Act are replaced by the following:

    Marginal note:Excess hours under permit

    • 176 (1) On the application of an employer or an employer’s organization, the Head, having regard to the conditions of employment in any industrial establishment and the welfare of the employees, may, by a permit in writing, authorize hours to be worked by any class of employees set out in the permit in excess of the maximum hours of work specified in or prescribed under section 171, established under section 172 or prescribed by regulations made under section 175.

    • Marginal note:Justifying permit

      (2) No permit may be issued under subsection (1) unless the applicant has satisfied the Head

      • (a) that exceptional circumstances exist that justify the working of additional hours;

      • (b) that the employer had posted a notice of the application for the permit, for at least 30 days before its proposed effective date, in places readily accessible to the affected class of employees where they were likely to see it; and

      • (c) that the employer had informed the trade union in writing of the application for the permit, if those employees are represented by a trade union.

  • (2) Subsection 176(5) of the Act is replaced by the following:

    • Marginal note:Report

      (5) If a permit has been issued under this section, the employer for whom or on whose behalf the permit was issued shall report in writing to the Head, within 15 days after the expiration of the period specified in the permit or within such time as the Head may fix in the permit, stating the number of employees who worked in excess of the maximum hours specified in or prescribed under section 171 or by regulations made under section 175 and the number of additional hours each of them worked.

572 Subsection 177(2) of the Act is replaced by the following:

  • Marginal note:Reporting additional work

    (2) Where the maximum hours of work in an industrial establishment have been exceeded under the authority of subsection (1), the employer shall report in writing to the Head, and also to the trade union if the affected employees are subject to a collective agreement, within 15 days after the end of the month in which the maximum was exceeded, stating the nature of the circumstances in which the maximum was exceeded, the number of employees who worked in excess of the maximum and the number of additional hours each of them worked.

573 Subsection 182(2) of the Act is replaced by the following:

  • Marginal note:Report to Commission

    (2) If the Head has reasonable grounds at any time for believing that an employer is engaging or has engaged in a discriminatory practice described in subsection (1), the Head may notify the Canadian Human Rights Commission or file a complaint with that Commission under section 40 of the Canadian Human Rights Act.

  • 574 (1) Subsection 212(1) of the Act is replaced by the following:

    Marginal note:Notice of group termination

    • 212 (1) Any employer who terminates, either simultaneously or within any period not exceeding four weeks, the employment of a group of 50 or more employees employed by the employer within a particular industrial establishment, or of such lesser number of employees as prescribed by regulations applicable to the employer made under paragraph 227(b), shall, in addition to any notice required to be given under section 230, give notice to the Head, in writing, of his intention to so terminate at least 16 weeks before the date of termination of the employment of the employee in the group whose employment is first to be terminated.

  • (2) Subsection 212(2) of the Act is replaced by the following:

    • Marginal note:Copies of notice

      (2) A copy of any notice given to the Head under subsection (1) must be given immediately by the employer to the Minister of Employment and Social Development and the Canada Employment Insurance Commission and any trade union representing a redundant employee, and if any redundant employee is not represented by a trade union, a copy of that notice must be given to the employee or immediately posted by the employer in a conspicuous place within the industrial establishment in which that employee is employed.

575 Section 213 of the Act is replaced by the following:

Marginal note:Cooperation with Commission

  • 213 (1) An employer who gives notice to the Head under section 212 and any trade union to which a copy of that notice is given must give the Canada Employment Insurance Commission any information requested by it for the purpose of assisting any redundant employee and must cooperate with the Commission to facilitate the re-establishment in employment of that employee.

  • Marginal note:Statement of benefits

    (2) An employer who gives notice to the Head under section 212 shall give each redundant employee, as soon as possible after the notice is so given but in any case not later than two weeks before the date of the termination of the employment of the employee, a statement in writing setting out, as at the date of the statement, his vacation benefits, wages, severance pay and any other benefits and pay arising from his employment with that employer.

576 Subsection 214(1) of the Act is replaced by the following:

Marginal note:Establishment of joint planning committee

  • 214 (1) An employer who gives notice to the Head under section 212 must, as soon as possible after giving the notice, establish a joint planning committee consisting of any number of members that is required or permitted by this section and sections 215 and 217.

577 Sections 216 and 217 of the Act are replaced by the following:

Marginal note:Time for appointment

216 The members of a joint planning committee must be appointed and must convene for their first sitting within two weeks after the date of the notice given to the Head under section 212.

Marginal note:Failure to appoint

217 If a trade union fails, or redundant employees fail, to appoint a member to a joint planning committee as provided in sections 214 and 215, the Head may, on application of any redundant employee, appoint a member to the committee in lieu of that trade union or those employees, as the case may be, and that member is a representative of the redundant employees represented by the trade union or of the redundant employees who failed to appoint the member, as the case may be.

578 The portion of subsection 222(2) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Head

    (2) The Head may

  • 579 (1) Subsection 240(1) of the Act is replaced by the following:

    Marginal note:Complaint

    • 240 (1) Subject to subsections (2) and 242(3.1), a person who has been dismissed and considers the dismissal to be unjust may make a complaint in writing to the Head if the employee

      • (a) has completed 12 consecutive months of continuous employment by an employer; and

      • (b) is not a member of a group of employees subject to a collective agreement.

  • (2) The portion of subsection 240(3) of the Act before paragraph (b) is replaced by the following:

    • Marginal note:Extension of time

      (3) The Head may extend the period set out in subsection (2)

      • (a) if the Head is satisfied that a complaint was made in that period to a government official who had no authority to deal with the complaint but that the person making the complaint believed the official had that authority; or

580 Section 241 of the Act is replaced by the following:

Marginal note:Reasons for dismissal

  • 241 (1) If an employer dismisses a person described in subsection 240(1), the person who was dismissed or the Head may make a request in writing to the employer to provide a written statement giving the reasons for the dismissal, and any employer who receives such a request must provide the person who made the request with such a statement within 15 days after the request is made.

  • Marginal note:Head to assist parties

    (2) On receipt of a complaint made under subsection 240(1), the Head must endeavour to assist the parties to the complaint to settle the complaint.

  • Marginal note:Complaint not settled within reasonable time

    (3) If a complaint is not settled under subsection (2) within the period that the Head considers to be reasonable in the circumstances, the Head must, on the written request of the person who made the complaint that the complaint be referred to the Board, 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 Head has that relate to the complaint.

  • Marginal note:Notice

    (4) If the person who made the complaint does not reply to a written communication from the Head within a period that the Head considers to be reasonable in the circumstances and a period of at least 30 days, or any longer period that may be prescribed by regulation, have elapsed from the day on which the complaint was made, the Head may give written notice to the person who made the complaint that they have the period of 30 days, or any longer period that may be prescribed by regulation, set out in the notice to make a written request that the complaint be referred to the Board.

  • Marginal note:Time limit

    (5) Subject to the regulations, if the person who made the complaint does not, within the period set out in the notice, make a written request that the complaint be referred to the Board, the Head may deem the complaint to be withdrawn.

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