Canada: Federal Employer Update: An Overview Of Recent Changes To The Canada Labour Code

Last Updated: February 13 2018
Article by Zeinab Yousif

The Canada Labour Code (the "Code") has been recently amended by Bill C-63.

The changes made by Bill C-63 enhance the rights of federally regulated employees and provide them with greater flexibility in the workplace with respect to scheduling, hours of work and overtime as well as additional job-protected leaves of absence. In this communique, we will provide an overview of these changes.

New Leaves

Bill C-63 introduces Family Responsibility Leave, Family Violence Leave and Aboriginal Practices Leave:

Family Responsibility Leave

The Code introduces a new leave entitled Family Responsibility Leave. Employees who have completed three consecutive months of continuous employment are entitled to a leave of absence from employment of up to three days in every calendar year to carry out responsibilities related to the health or care of any of their family members or the education of any of their family members who are under 18 years of age.  The employer may request documentation to support the reasons for the leave within 15 days of the employee's return to work. Employees must produce this documentation provided it is reasonably practicable for them to obtain it.

Family Violence Leave

An employee who is a victim of family violence, or who is the parent of a child who is the victim of family violence, is entitled to take up to 10 days of leave in every calendar year in order to enable the employee to:

  • seek medical attention for themselves or their child in respect of a physical or psychological injury or disability;
  • obtain services from an organization which provides services to victims of family violence;
  • obtain psychological or other professional counselling;
  • relocate temporarily or permanently;
  • seek legal or law enforcement assistance or to prepare for or participate in any civil or criminal legal proceeding; or
  • to take any measures prescribed by regulation.

This leave does not apply to an employee who is charged with an offence related to family violence or if it is probable, given the circumstances, that the employee committed the family violence.

The employer may request documentation to support the leave within 15 days of the employee's return to work. The employee has to provide such documentation if it is reasonably practicable for them to do so.

Aboriginal Practices Leave

An employee who is an Aboriginal person and has completed three consecutive months of continuous employment may take a leave of absence of up to five days in a calendar year in order to engage in traditional Aboriginal practices including hunting, fishing, harvesting and any practice prescribed by regulation. Employers may request supporting documentation from the employee.

Scheduling

Shift Changes

Federally regulated employers must now provide 24 hours' notice of a shift change. If an employer changes a work period or shift or adds another work period or shift to the employee's schedule, the employer has to give the employee 24 hours' notice. Exceptions may apply if the change or addition of a work period or shift is necessary to deal with a situation that the employer could not have reasonably foreseen and that presents or could reasonably be expected to present an imminent or serious threat to the life, health and safety of any person, a threat of damage to or loss of property, or a threat of serious interference with the ordinary working of the employer's industrial establishment.

Flexible work arrangements

The Code now also includes new provisions entitled "Flexible Work Arrangements". After completing six consecutive months of continuous employment, an employee may request, in writing, a change to his/her number of hours, work schedule or location of work. Within 30 days of receiving the request,  the employer must issue a written decision to the employee. The employer can either grant the request, offer to grant it in part, or refuse the request on the basis that it would result in:

  • additional costs that would be a burden on the employer;
  • a detrimental impact on the quality or quantity of work, ability to meet customer demands or any other aspect of performance within the industrial establishment;
  • an inability to reorganize work among existing employees or to recruit additional employees in order to manage the change that is requested;
  • insufficient work available for the employee; or
  • any other prescribed ground.

If the employee's request is refused, the employer must include written reasons for refusing the request.

If there is a collective agreement governing the terms and conditions of employment, and granting the request would result in a change to the terms and conditions, the union and employer must agree in writing to such a change.

Changes to Overtime

Lieu Time

Employees who are required or permitted to work overtime may now be compensated for working overtime by receiving not less than one and one-half hours of time off with pay for each hour of overtime worked. The employee and employer must agree in writing and the time off must be taken within a period of three months after the end of the pay period during which the overtime was worked, or a longer period, with agreement. If the employee is not subject to a collective agreement, the employee must take the time off not more than 12 months after the end of the pay period during which the overtime was worked. Any banked time off must be paid out by the employer within 30 days of termination of employment.

Right to Refuse Overtime

An employee may refuse to work overtime in order to fulfill certain family responsibilities that relate to the health or care of any of the employee's family members or the education of any family member who is under 18 years of age. However, in order to refuse the overtime, the employee must first take reasonable steps to carry out the family responsibilities by other means, so as to allow him/her to work the overtime. The employee should only refuse the overtime if he/she is still required to carry out that responsibility during the period of the overtime. The employee also cannot refuse to work overtime if it is necessary for them to work overtime to deal with a situation that the employer could not have reasonably foreseen and would present a threat to life, health, safety or a threat of damage or loss of property or serious interference with the ordinary working of the employer's establishment.

Federally regulated employers should review their policies and practices to ensure that they are compliant with these amendments.

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
Borden Ladner Gervais LLP
 
In association with
Related Topics
 
Similar Articles
Relevancy Powered by MondaqAI
Borden Ladner Gervais LLP
Related Articles
 
Related Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must 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