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Budget Implementation Act, 2021, No. 1 (S.C. 2021, c. 23)

Assented to 2021-06-29

PART 4Various Measures (continued)

DIVISION 20Social Security Tribunal (continued)

Transitional Provisions (continued)

Marginal note:Interpretation of consequential amendment to Federal Courts Act

 For greater certainty, the Federal Court has jurisdiction to hear and determine applications for judicial review of a decision of the Appeal Division made under section 58 of the former Act before the day on which this Division comes into force.

Coming into Force

Marginal note:Order in council

 This Division comes into force on a day to be fixed by order of the Governor in Council.

DIVISION 21R.S., c. L-2Canada Labour Code (Equal Remuneration Protection)

  •  (1) Paragraphs 47.3(1)(a) and (b) of the Canada Labour Code are replaced by the following:

    • (a) provided services at an airport to another employer, or to a person acting on behalf of that other employer, in an industry referred to in paragraph (e) of the definition federal work, undertaking or business in section 2;

    • (b) provided prescribed services to another employer, or to a person acting on behalf of that other employer, in a prescribed industry; or

    • (c) provided prescribed services at a prescribed location to another employer, or to a person acting on behalf of that other employer, in a prescribed industry.

  • (2) Section 47.3 of the Act is amended by adding the following after subsection (2):

    • Marginal note:Regulations

      (3) The Governor in Council may, on the Minister’s recommendation, make regulations prescribing anything that is to be prescribed under subsection (1).

DIVISION 22R.S., c. L-2Canada Labour Code (Federal Minimum Wage)

Amendments to the Act

  •  (1) Subsections 178(1) to (3) of the Canada Labour Code are replaced by the following:

    Marginal note:Minimum wage

    • 178 (1) Subject to subsections (2) to (5), an employer shall pay to each employee a wage at a minimum hourly rate that is not less than the rate that is determined in accordance with section 178.1.

    • Marginal note:Province of employment

      (2) If the minimum hourly rate that is fixed, from time to time, by or under an Act of the legislature of the province where the employee is usually employed and that is generally applicable regardless of occupation, status or work experience is higher than the minimum hourly rate fixed under subsection (1), an employer shall pay to each employee a wage at a rate that is

      • (a) if the wages of the employee are paid on an hourly basis, not less than that higher minimum hourly rate; or

      • (b) if the wages of the employee are paid on any basis of time other than hourly, not less than the equivalent of the rate under paragraph (a) for the time worked by the employee.

    • Marginal note:Wage rate based on age

      (3) For the purposes of paragraph (2)(a), if minimum hourly rates for a province are fixed on the basis of age, the minimum hourly rate for that province is the highest of those rates.

  • (2) Paragraph 178(4)(b) of the Act is replaced by the following:

    • (b) fix a minimum rate of wage that in the opinion of the Minister is the equivalent of

      • (i) the minimum rate determined in accordance with subsection (2), if that minimum rate is higher than or equal to the minimum rate determined in accordance with section 178.1, or

      • (ii) the minimum rate determined in accordance with section 178.1, if that minimum rate is higher than the minimum rate determined in accordance with subsection (2).

 The Act is amended by adding the following after section 178:

Marginal note:Minimum wage — rate

  • 178.1 (1) Subject to subsection (2), the minimum hourly rate referred to in subsection 178(1) is $15.

  • Marginal note:Annual adjustment

    (2) On April 1 of each year after the year in which this section comes into force, the minimum hourly rate is to be adjusted to the rate, rounded up to the nearest $0.05, that is equal to the product of

    • (a) as the case may be,

      • (i) in respect of April 1 of the year after the year in which this section comes into force, $15, or

      • (ii) in respect of April 1 of each subsequent year, the rate that is determined in accordance with this section on April 1 of the preceding year, and

    • (b) the ratio that the Consumer Price Index for the preceding calendar year bears to the Consumer Price Index for the calendar year before that preceding calendar year.

  • Marginal note:Consumer Price Index

    (3) For the purposes of subsection (2), a reference to the Consumer Price Index for any calendar year means the average of the all-items Consumer Price Index for Canada, not seasonally adjusted, as published by Statistics Canada under the authority of the Statistics Act, for each month in that year.

  • Marginal note:No adjustment

    (4) Despite subsection (2), the minimum hourly rate is not to be adjusted on April 1 of a given year if on that day the rate determined in accordance with that subsection is less than, as the case may be,

    • (a) in respect of April 1 of the year after the year in which this section comes into force, $15; or

    • (b) in respect of April 1 of each subsequent year, the rate that is determined in accordance with this section on April 1 of the preceding year.

Coming into Force

Marginal note:Six months after royal assent

 This Division comes into force on the day that, in the sixth month after the month in which this Act receives royal assent, has the same calendar number as the day on which it receives royal assent or, if that sixth month has no day with that number, the last day of that sixth month.

DIVISION 23R.S., c. L-2Canada Labour Code (Leave Related to the Death or Disappearance of a Child)

  •  (1) The definitions child and parent in subsection 206.5(1) of the Canada Labour Code are replaced by the following:

    child

    child means a person who is under 25 years of age. (enfant)

    parent

    parent, with respect to a child, means

    • (a) a person who, in law, is a parent of the child;

    • (b) a person, other than a person referred to in paragraph (a), who, in law

      • (i) has custody of the child or, in Quebec, parental authority over the child,

      • (ii) is the guardian of the child or, in Quebec, the tutor or curator to the person of the child, or

      • (iii) has decision-making responsibility, as defined in subsection 2(1) of the Divorce Act, in respect of the child;

    • (c) a person with whom the child is placed for the purposes of adoption under the laws governing adoption in the province in which the person resides; or

    • (d) a person prescribed to be a parent by regulations made under paragraph 209.4(f). (parent)

  • (2) Subsections 206.5(3) and (4) of the Act are replaced by the following:

    • Marginal note:Leave  —  child who has disappeared

      (3) Every employee is entitled to and shall be granted a leave of absence from employment of up to 104 weeks if the employee is the parent of a child who has disappeared and it is probable, considering the circumstances, that the child disappeared as a result of a crime.

    • Marginal note:Exception

      (4) An employee is not entitled to a leave of absence if

      • (a) the employee is charged with the crime; or

      • (b) in the case of an employee referred to in subsection (2), the child was 14 years of age or older at the time of the crime and it is probable, considering the circumstances, that the child was a party to the crime.

  • (3) Paragraph 206.5(5)(b) of the Act is replaced by the following:

    • (b) ends 104 weeks after the day on which the death or disappearance, as the case may be, occurs.

  • (4) Paragraph 206.5(6)(a) of the Act is replaced by the following:

    • (a) on the 14th day after the day on which the child is found, if the child is found during the 104-week period, but no later than the end of the 104-week period; or

  • (5) Subsection 206.5(8) of the Act is replaced by the following:

    • Marginal note:Aggregate leave  —  employees

      (8) The aggregate amount of leave that may be taken by employees under this section in respect of the same death or disappearance of a child — or the same children who die or disappear as a result of the same event — must not exceed 104 weeks.

 

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