This is part one of a two part series summarizing changes to the Code. 11 The Act is amended by adding the following after section 136: 136.1 (1) Neither the Minister nor an employer shall, without the personâs 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. (2) Subsections 129(1.1) to (1.3) of the Act are replaced by the following: (1.1) If the Head does not proceed with an investigation, the Head shall inform the employer and the employee in writing, as soon as feasible, of that decision. 541 Subsection 128(16) of the Act is replaced by the following: (16) If the employee continues the refusal under subsection (15), the employer shall immediately inform the Head and the work place committee or the health and safety representative of its decision and the continued refusal. (3) The Board shall make a decision in writing and provide the appellant and the Minister with a copy of the decision, with reasons. 607 (1) Subsection 251.15(1) of the Act is replaced by the following: 251.15 (1) Any person who is affected by a payment order issued under subsection 251.1(1) or confirmed or varied under subsection 251.101(3) or by an order of the Board made under subsection 251.12(1), or the Head, may, after the day provided in the order for compliance or after 15 days following the day on which the order is issued, made, confirmed or varied, whichever is later, file in the Federal Court a copy of the payment order, or a copy of the order of the Board, exclusive of reasons. (d) any other criterion that may be prescribed by regulation. The changes to the labour standards aim to: In 2019, the Government of Canada created the independent Expert Panel on Modern Federal Labour Standards. (2) Subsection 135.1(9) of the Act is replaced by the following: (9) A committee shall ensure that accurate records are kept of all of the matters that come before it and that minutes are kept of its meetings. (1.2) The complaint may be made orally or in writing. (6) For the purpose of subsection (4), the Governor in Council may make regulations respecting an employerâs obligations in respect of former employees. 554 (1) The portion of subsection 141(1) of the Act before paragraph (a) is replaced by the following: 141 (1) Subject to section 143.2, the Head may, in carrying out the Headâs duties and at any reasonable time, enter any work place controlled by an employer and, in respect of any work place, may. (1.1) However, in the case of a complaint relating to an occurrence of harassment and violence, the employee may make the complaint to the employeeâs supervisor or to the person designated in the employerâs work place harassment and violence prevention policy. This section focuses on the legislative and regulatory changes to hours of work, wages, leaves, vacation, holidays and more. (3) An employer is prohibited from reducing an employeeâs rate of wages in order to comply with subsection (1). 4.6 (2) Paragraph 246.1(1)(a.1) of the Act is repealed. (3) An employer is prohibited from dismissing, suspending, laying off, demoting or disciplining an employee because the employee has made a request under subsection (1) or taking such a request into account in any decision to promote or train the employee. 478 (1) The definition redundant employee in section 211 of the Act is replaced by the following: redundant employeeâmeans an employee whose employment is terminated in a group termination of employment or whose employment is to be terminated in accordance with a notice under subsection 212(1).â(surnuméraire). 620 Subsection 292(1) of the Act is replaced by the following: 292 (1) The Head may issue a certificate certifying the unpaid amount of any debt referred to in subsection 291(1). (2) Paragraph 135(6)(a) of the Act is replaced by the following: (a) at an employerâs request, the Minister may, in writing, exempt the employer from the requirements of subsection (1) in respect of that work place; (3) Section 135 of the Act is amended by adding the following after subsection (6): (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 Ministerâs decision in respect of the request. (2) If, under subsection (1), the Head determines that there is a difference between the wages or other amounts actually paid to an employee and the wages or other amounts to which the employee is entitled and the amount of that difference is agreed to in writing by the employee and his or her employer, the employer must, within five days after the date of the agreement, pay the amount, (a) to the employee on the direction of the Head; or. (3) For the purposes of calculating a redundant employeeâs entitlement under subsection (1), if an employer gives notice under subsection 212(1) fewer than 16 weeks before the date of the termination of the employment of the redundant employee, the group notice period is deemed to start on the earlier of the day on which the employer gives notice under that subsection and the day on which the redundant employee receives written notice of the termination of their employment. Below’s a brief overview of the key changes that could affect your workplace. (2) The portion of subsection 127.1(3) of the Act before paragraph (a) is replaced by the following: (3) The employee or the supervisor may refer an unresolved complaint, other than a complaint relating to an occurrence of harassment and violence, to a chairperson of the work place committee or to the health and safety representative to be investigated jointly. Previous Versions. (8) The portion of subsection 129(5) of the Act before paragraph (a) is replaced by the following: (5) If the employee has exercised their right under subsection (1.3), the employer may, during the investigation and until the Head has issued a decision, require that the employee concerned remain at a safe location near the place in respect of which the investigation is being made or assign the employee reasonable alternative work, and shall not assign any other employee to use or operate the machine or thing, work in that place or perform the activity referred to in subsection (1) unless. 376 The Act is amended by adding the following after section 259.1: 259.2 The Minister 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. (2) If an employer fails to provide the transitional support measures required under subsection (1), the redundant employee is entitled to be paid an amount equal to the prescribed value of those measures. (3) The portion of subsection 251.001(2) of the Act before paragraph (a) is replaced by the following: (2) The Head shall, in the internal audit order, specify. 1 Section 122.1 of the Act is replaced by the following: 122.1 The purpose of this Part is to prevent accidents, occurrences of harassment and violence and physical or psychological injuries and illnesses arising out of, linked with or occurring in the course of employment to which this Part applies. 320 (2) Paragraph 9(2)(e) of the Act is replaced by the following: (e) any other full-time or part-time members that the Governor in Council considers necessary to assist the Board in carrying out its functions under Parts II, III and IV. An employer may not reprise against an employee for exercising their right of refusal. 578 The portion of subsection 222(2) of the Act before paragraph (a) is replaced by the following: 579 (1) Subsection 240(1) of the Act is replaced by the following: 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. Click here for more information. 602 Subsection 251.12(2) of the Act is replaced by the following: (2) The Board shall send a copy of the decision, with reasons, to each party to the appeal and to the Head. (c) any combination of notice and amounts of wages in lieu of notice so that the total of the number of weeks of notice in writing and the number of weeks for which wages are paid in lieu of notice is equivalent to at least the applicable number of weeks set out in subsection (1.1). 571 (1) Subsections 176(1) and (2) of the Act are replaced by the following: 176 (1) On the application of an employer or an employerâs 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. 386 Section 251.06 of the Canada Labour Code does not apply to contraventions committed before the day on which this section comes into force. These protections will come into force along with the legislation. 182.3 If an employer carries out a practice of informing employees of employment or promotion opportunities in writing, the employer must inform all their employees, regardless of their employment status. 238.2 The Governor in Council may make regulations for the purposes of this Division including regulations prescribing factors to consider in determining if an expense is or is not work-related and prescribing factors to consider in determining if an expense is or is not reasonable. A partial or full refusal must be communicated in writing and justified on the following business needs: The employer is not allowed to reprise against an employee for requesting flexible work arrangements. (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: (3) The powers, duties or functions provided for in section 130, subsections 137.â1(1) to (2.â1) and (7) to (9), 137.â2(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.â1(1), 157(3) and 159(2) shall not be the subject of an agreement under subsection (2). I. 45 (1) In this section, other Act means the Budget Implementation Act, 2018, No. (2) In an appeal under this Part, 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. Employees are entitled to reimbursement of reasonable work-related expenses. 162 Unless they are repealed earlier, regulations made under section 161 are repealed on the fifth anniversary of the day on which they come into force. (2) Subsection 207.02(1) of the Act is replaced by the following: 207.02 (1) An employee may interrupt a leave of absence referred to in any of sections 206.3 to 206.5 in order to be absent due to a reason referred to in subsection 239(1) or (1.1) or 239.1(1). 593 Sections 251.03 and 251.04 of the Act are replaced by the following: 251.03 After receipt of a complaint, the Head may assist the parties to the complaint to settle the complaint. (7) Subsection 129(4) of the Act is replaced by the following: (4) The Head shall, on completion of an investigation made under subsection (1), make one of the decisions referred to in paragraphs 128(13)(a) to (c) and shall immediately give written notification of the decision to the employer and the employee. (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.
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