On April 24, the Minister of Labour tabled Bill 101, An Act to improve certain labour laws, in the National Assembly. The purpose of this omnibus bill is to amend several provincial labour laws, including the Act respecting industrial accidents and occupational diseases (the "AIAOD"), the Labour Code, the Act respecting labour standards (the "ALS"), and the Act respecting occupational health and safety (the "AOHS").
This article outlines the key amendments under consideration. Please note that these amendments are not yet in force, as the bill has only just been introduced.
Labour Code
New rules of procedure for grievance arbitration
One of the most significant changes proposed by Bill 101 is the addition of rules of procedure for grievance arbitration to the Labour Code, aimed at speeding up the arbitration process.
The bill stipulates that an arbitrator must be appointed within six months of a grievance being filed. Upon expiry of this time limit, the party that filed the grievance will have 10 days to ask the Minister to appoint an arbitrator, failing which the grievance will be deemed withdrawn. The hearing must begin no later than one year after the grievance was filed. This time limit may only be extended once at the parties' request and with the arbitrator's agreement. However, these rules would not apply to the government or the broader public sector.
The proposed amendments will also impose disclosure obligations. Exhibits and other evidence will have to be shared with the other party at least 30 days before the start of the hearing, barring exceptions.
Labour standards
New leave for public health or public safety reasons
The ALS will provide for a new leave of absence without pay for an employee who is unable to work "because of a recommendation, order, direction, decision or court order issued" under the Public Health Act, the Quarantine Act, the Emergencies Act, or the Act respecting civil protection to promote disaster resilience (the "Civil Protection Act"). This new provision could apply, for example, to employees who have to isolate themselves due to a health emergency, or who are subject to an evacuation order issued by a local municipality or the government. In addition, an employee will also be entitled to an absence due to a "disaster" (as defined in the Civil Protection Act) or an imminent disaster.
The bill does not stipulate a maximum duration for such an absence. However, before taking the leave, the employee must have taken reasonable steps to limit the duration of the leave. As with many leaves under the ALS, the employee must notify their employer as soon as possible, and the employer may ask the employee to provide supporting documentation attesting to the reasons for the absence.
Workplace accidents and occupational diseases
Incorporated "worker"
When it comes to compensation for a work-related accident or illness, the definition of "worker" excludes the officer of a corporation. An amendment to the law will allow corporate officers to be considered workers when they personally perform work for a company other than the one for which they act as officers, for example, when working for one of their clients. This would allow certain incorporated workers, such as drivers for transportation companies, to be compensated in the event of work-related accidents.
Mediation
The bill will introduce the possibility of a negotiation process with the Commission des normes, de l'équité, de la santé et de la sécurité du travail (the "CNESST"), at the administrative review stage, when an application for review relates to certain matters, including the worker's right to an income replacement indemnity, the worker's ability to perform their job, or the determination of suitable employment.
Occupational health and safety
Employer reimbursement for wages paid to a worker reassigned to other duties
When a pregnant or breastfeeding worker is reassigned to other duties because her working conditions pose a danger, the employer must continue to pay her normal salary for the duration of her reassignment. The bill provides that an employer will be able to ask the CNESST to reimburse the difference between the gross income the worker would normally have earned in her usual position and the gross income normally associated with the duties to which she was reassigned, up to the amount of the income replacement indemnity to which the worker would have been entitled had she not been reassigned. The rules applicable to the exercise of this right will also be specified.
Coming into force of prevention mechanisms has been postponed by one year
The bill also proposes to postpone by one year, to October 6, 2026, the deadline for the coming into force of the prevention mechanisms provided for in the Act to modernize the occupational health and safety regime, which was assented to on October 6, 2021. Once in force, these mechanisms will include the obligation for all establishments with 20 or more employees to adopt a prevention program and, for establishments with fewer than 20 employees, to prepare and implement an action plan to eliminate risks that could affect workers' health and safety.
In the meantime, companies remain subject to the interim regime.
Special rules for the health and education sectors
The bill also introduces special rules for prevention mechanisms applicable to certain educational, health, and social services establishments.
CNESST construction and safety standards
The bill provides that the CNESST could adopt a regulation establishing construction and safety standards applicable to certain buildings that it identifies. According to the text of the bill, in certain circumstances, the CNESST could approve a design or building method, or materials, that are different from those prescribed by regulation, but only if the alternative design, method, or material is equivalent and the safety of the premises is ensured, or if the provisions of the regulation cannot reasonably be applied. The CNESST's decision in this regard may be appealed to the Administrative Labour Tribunal.
Increased fines for offences
Finally, the bill provides for higher fines for certain offences under the Labour Code, the AIAOD, and the ALS.
For example, employers and doctors who fail to respect the confidentiality of the records of a worker who has suffered an employment injury as a result of violence (physical, psychological or sexual) will be subject to harsher fines.
Conclusion
With this bill, the Minister of Labour is attempting to respond to concerns raised by both business and labour.
In any case, it's been a busy spring for legislative developments in provincial labour law. Several bills are under review, including Bill 89 on strikes and lockouts. To learn more, read our article "Bill 89: balancing the right to strike or lock-out with the needs of the population". Moreover, an opposition MP recently tabled Bill 990 to regulate remote work.
We will continue to monitor the progress of all these bills through the National Assembly with great interest. We'll keep you informed of developments and legislative changes that may impact your organization.
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.
