Budget Implementation Act, 2018, No. 2 (S.C. 2018, c. 27)
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Assented to 2018-12-13
PART 4Various Measures (continued)
DIVISION 15Modernization of the Canada Labour Code (continued)
SUBDIVISION BHead of Compliance and Enforcement (continued)
608 Subsections 252(1) and (2) of the Act are replaced by the following:
Marginal note:Information and returns
252 (1) Every employer shall furnish any information that the Head may require that relate to their employees, including their wages, their hours of work and their general holidays, annual vacations and conditions of work as well as any returns that the Head may require.
Marginal note: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 the Head.
609 Subsections 253(1) to (5) of the Act are replaced by the following:
Marginal note:Notice to furnish information
253 (1) Where the Head is authorized to require a person to furnish information under this Part or the regulations, the Head 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, is deemed to have received the notice on the seventh day after the day on which it was mailed; and
(b) shall furnish the information within such reasonable time as is specified in the notice.
Marginal note:Proof of service
(2) A certificate purporting to be signed by the Head 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.
Marginal note:Proof of failure to comply
(3) Where the Head is authorized to require a person to furnish information under this Part or the regulations, a certificate of the Head certifying that the information has not been furnished is admissible in evidence and in the absence of any evidence to the contrary is proof of the statements contained in it.
Marginal note:Proof of documents
(4) A certificate of the Head certifying that a document annexed to it is a document or a true copy of the document made by or on behalf of the Head shall be admitted in evidence and has the same force and effect as if it had been proven in the ordinary way.
Marginal note:Proof of authority
(5) A certificate under this section signed or purporting to be signed by the Head is admissible in evidence without proof of the Head’s appointment or signature.
610 (1) Subparagraph 256(1)(c)(ii) of the Act is replaced by the following:
(ii) has given any information to the Minister or the Head regarding the wages, hours of work, annual vacation or conditions of work of an employee.
(2) Paragraph 256(3)(b) of the Act is replaced by the following:
(b) refuses to make available for examination by the Head at any reasonable time any such record kept by the employer,
611 Section 259.2 of the Act is replaced by the following:
Marginal note:Publication
259.2 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 information prescribed by regulation.
612 (1) Paragraphs 260(1)(b) and (c) of the Act are replaced by the following:
(b) the Head determines that the disclosure is in the public interest; or
(c) the Head determines that the disclosure is necessary for the investigation of the complaint to be carried out and the complainant consents to the disclosure in writing.
(2) Subsection 260(2) of the Act is replaced by the following:
Marginal note:Consent
(2) If a determination is made under paragraph (1)(c) and the complainant refuses to provide their consent after being requested to do so in writing, the Head may deem the complaint to be withdrawn.
613 (1) Paragraph 264(1)(a.2) of the Act is replaced by the following:
(a.2) respecting the information that an employer must provide to the Head 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;
(2) Paragraph 264(1)(i) of the Act is replaced by the following:
(i) providing for the payment of any wages of an employee to the Head or to another person in the event that the employee cannot be found or in any other case;
614 The heading before section 271 and sections 271 and 272 of the Act are replaced by the following:
Head’s Powers
Marginal note:Powers regarding notices of violation
271 The Head may
(a) establish the form of notices of violation;
(b) designate persons, or classes of persons, who are authorized to issue notices of violation; and
(c) establish a short-form description for each violation to be used in notices of violation.
Marginal note:Delegation
272 Subject to any terms and conditions specified by the Minister, the Head may delegate to any qualified person or class of persons any of the powers the Head is authorized to exercise or any of the duties or functions the Head is authorized to perform for the purposes of this Part. The Head may make the delegation subject to any terms and conditions that the Head considers appropriate.
615 Sections 281 to 283 of the Act are replaced by the following:
Marginal note: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 Head allows, make a request, in the manner prescribed by regulation, to the Head for a review of the penalty or the facts of the alleged violation, or both.
Marginal note: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 Head, a person designated under paragraph 271(b) may cancel the notice of violation or correct an error in it.
Marginal note:Review
283 (1) On receipt of a request for review made under section 281, the Head shall conduct the review of the notice of violation.
Marginal note:Rules of procedure
(2) The Head may make rules governing the procedure with respect to reviews under this Part.
Marginal note:Request treated as an appeal
(3) The Head may, if the Head considers it appropriate in the circumstances, treat the request for review as an appeal, in which case the Head 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.
616 (1) Subsections 284(1) to (3) of the Act are replaced by the following:
Marginal note:Object of review
284 (1) The Head 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.
Marginal note:Correction of penalty
(2) If the Head determines that the amount of the penalty for the violation was not determined in accordance with the regulations, the Head shall correct the amount of the penalty.
Marginal note:Decision
(3) The Head shall make a decision in writing and serve the applicant with a copy of the decision, with reasons.
(2) Subsection 284(5) of the English version of the Act is replaced by the following:
Marginal note:Obligation to pay
(5) If the Head determines that the applicant committed the violation, the applicant is liable for the penalty that is set out in the decision.
617 Subsection 285(1) of the French version of the Act is replaced by the following:
Marginal note:Appel
285 (1) L’auteur présumé de la violation peut, par écrit, dans les quinze jours suivant la signification de la décision rendue par le chef en application de l’article 284, interjeter appel de celle-ci auprès du Conseil.
618 Section 286 of the Act is replaced by the following:
Marginal note:Head informed of appeal
286 (1) The Board shall inform the Head in writing when an appeal is brought under subsection 285(1) and provide the Head 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 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.
619 Subsection 287(3) of the Act is replaced by the following:
Marginal note:Decision
(3) The Board shall make a decision in writing and provide the appellant and the Head with a copy of the decision, with reasons.
620 Subsection 292(1) of the Act is replaced by the following:
Marginal note:Certificate
292 (1) The Head may issue a certificate certifying the unpaid amount of any debt referred to in subsection 291(1).
621 Section 295 of the Act is replaced by the following:
Marginal note:Publication
295 The Head 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.
Coordinating Amendments
Marginal note:This Act
622 (1) On the first day on which both section 479 and subsection 574(1) are in force, subsection 212(1) of the Canada Labour Code is replaced by the following:
Marginal note:Notice — Head
212 (1) An employer must give notice to the Head, in writing, of any group termination of employment at least 16 weeks before the first date of termination of employment of an employee in the group.
(2) If section 479 comes into force before subsection 574(2), then that subsection 574(2) is deemed never to have come into force and is repealed.
(3) If section 479 and subsection 574(2) come into force on the same day, then that section 479 is deemed to have come into force before that subsection 574(2) and subsection (2) applies as a consequence.
(4) If section 480 comes into force before section 575, then that section 575 is deemed never to have come into force and is repealed.
(5) If section 480 and section 575 come into force on the same day, then that section 480 is deemed to have come into force before that section 575 and subsection (4) applies as a consequence.
(6) On the first day on which both subsection 498(2) and section 535 are in force, paragraph 251.01(2.1)(b) of the Canada Labour Code is replaced by the following:
(b) in any other case, the day on which the complainant knew, or in the Head’s opinion ought to have known, of the action or circumstances giving rise to the complaint.
(7) On the first day on which both subsections 498(3) and 591(2) are in force, the portion of subsection 251.01(3) of the Canada Labour Code before paragraph (a) is replaced by the following:
Marginal note:Extension of time
(3) The Head may, subject to the regulations, extend the period set out in subsection (2) or (2.1)
(8) On the first day on which both section 502 and section 535 are in force, subsection 253.1(1) of the Canada Labour Code is replaced by the following:
Marginal note:Copy — employee
253.1 (1) An employer must, within the first 30 days of an employee’s employment, provide the employee with a copy of any materials that the Head makes available and that contains information respecting employers’ and employees’ rights and obligations under this Part and, within 30 days after updated materials are made available, provide the employee with a copy of the updated materials.
Marginal note:2018, c. 22
623 (1) In this section, other Act means An Act to amend the Canada Labour Code (harassment and violence), the Parliamentary Employment and Staff Relations Act and the Budget Implementation Act, 2017, No. 1, chapter 22 of the Statutes of Canada, 2018.
(2) On the first day on which both subsection 3(1) of the other Act and subsection 537(1) of this Act are in force, subparagraph 125(1)(d)(iii) of the Canada Labour Code is replaced by the following:
(iii) any other information related to health and safety that is prescribed or that may be specified by the Head;
(3) On the first day on which both subsection 3(4) of the other Act and section 535 of this Act are in force, subsection 125(5) of the Canada Labour Code is replaced by the following:
Marginal note:Extension
(5) On application by a former employee, the Head may, in the prescribed circumstances, extend the time period referred to in subsection (4).
(4) If subsection 5(4) of the other Act comes into force before subsection 540(2) of this Act, then that subsection 540(2) is deemed never to have come into force and is repealed and, on the day on which section 535 of this Act comes into force,
(a) the portion of subsection 127.1(9) before paragraph (a) of the Canada Labour Code is replaced by the following;
Marginal note:Investigation
(9) The Head shall investigate the complaint referred to in subsection (8) unless it relates to an occurrence of harassment and violence and the Head is of the opinion that
(b) subsections 127.1(9.1) and (9.2) of the Canada Labour Code are replaced by the following;
Marginal note:Notice
(9.1) If the Head is of the opinion that the conditions described in paragraph (9)(a) or (b) are met, the Head shall inform the employer and the employee in writing, as soon as feasible, that the Head will not investigate.
Marginal note:Combining investigations — harassment and violence
(9.2) The Head may combine an investigation into a complaint relating to an occurrence of harassment and violence with an ongoing investigation relating to the same employer and involving substantially the same issues and, in that case, the Head may issue a single decision.
(5) If subsection 540(2) of this Act comes into force before subsection 5(4) of the other Act, then that subsection 5(4) is amended by
(a) replacing the portion of the subsection 127.1(9) that it enacts before paragraph (a) with the following;
Marginal note:Investigation
(9) The Head shall investigate the complaint referred to in subsection (8) unless it relates to an occurrence of harassment and violence and the Head is of the opinion that
(b) replacing the subsections 127.1(9.1) and (9.2) that it enacts with the following;
Marginal note:Notice
(9.1) If the Head is of the opinion that the conditions described in paragraph (9)(a) or (b) are met, the Head shall inform the employer and the employee in writing, as soon as feasible, that the Head will not investigate.
Marginal note:Combining investigations — harassment and violence
(9.2) The Head may combine an investigation into a complaint relating to an occurrence of harassment and violence with an ongoing investigation relating to the same employer and involving substantially the same issues and, in that case, the Head may issue a single decision.
(6) If subsection 5(4) of the other Act and subsection 540(2) of this Act come into force on the same day, then that subsection 540(2) is deemed to have come into force before that subsection 5(4) and subsection (5) applies as a consequence.
(7) On the first day on which both subsection 5(5) of the other Act and section 535 of this Act are in force, subsection 127.1(13) of the Canada Labour Code is replaced by the following:
Marginal note:Extension
(13) On application by a former employee, the Head may, in the prescribed circumstances, extend the time period referred to in subsection (12).
(8) On the first day on which both subsection 7(2) of the other Act and subsection 547(1) of this Act are in force, paragraph 135(6)(a) of the Canada Labour Code is replaced by the following:
(a) at an employer’s request, the Head may, in writing, exempt the employer from the requirements of subsection (1) in respect of that work place;
(9) On the first day on which both subsection 7(3) of the other Act and section 535 of this Act are in force, subsection 135(6.1) of the Canada Labour Code is replaced by the following:
Marginal note:Posting of request
(6.1) A request for an exemption must be posted in a conspicuous place or places where it is likely to come to the attention of employees, and be kept posted until the employees are informed of the Head’s decision in respect of the request.
(10) On the first day on which both section 8 of the other Act and section 535 of this Act are in force, subsection 135.11(1) of the Canada Labour Code is replaced by the following:
Marginal note:Information likely to reveal identity
135.11 (1) Neither the Head nor an employer shall, without the person’s consent, provide, under this Part, a policy committee or a work place committee with any information that is likely to reveal the identity of a person who was involved in an occurrence of harassment and violence in the work place. Neither a policy committee nor a work place committee shall have access to that information without the person’s consent.
(11) On the first day on which both section 11 of the other Act and section 535 of this Act are in force, subsection 136.1(1) of the Canada Labour Code is replaced by the following:
Marginal note:Information likely to reveal identity
136.1 (1) Neither the Head nor an employer shall, without the person’s consent, provide, under this Part, a health and safety representative with any information that is likely to reveal the identity of a person who was involved in an occurrence of harassment and violence in the work place. A health and safety representative shall not have access to that information without the person’s consent.
(12) On the first day on which both section 12 of the other Act and subsection 553(2) of this Act are in force, subsection 140(3) of the Canada Labour Code is replaced by the following:
Marginal note:Exception
(3) The powers, duties or functions provided for in section 130, subsections 137.1(1) to (2.1) and (7) to (9), 137.2(4), 138(1) to (2) and (4) to (6), 140(1) to (2) and (4), 144(1) and 149(1), sections 152 and 155 and subsections 156.1(1), 157(3) and 159(2) shall not be the subject of an agreement under subsection (2).
(13) On the first day on which both section 13 of the other Act and section 561 of this Act are in force, section 145.1 of the Canada Labour Code 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(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).
(14) On the first day on which both section 21 of the other Act and section 535 of this Act are in force, the portion of section 88.1 of the Parliamentary Employment and Staff Relations Act before paragraph (a) is replaced by the following:
Marginal note:Head to notify Speakers
88.1 The Head, as defined in section 2 of the Canada Labour Code, shall notify the Speaker of the Senate or the Speaker of the House of Commons, or both, of the Head’s intention to enter, under subsection 141(1) of the Canada Labour Code, a work place controlled by an employer. The Head shall also notify the Speaker of the Senate or the Speaker of the House of Commons, or both, as soon as possible after the Head
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