Human Resources Legislative Update
Amendments to Complaints and Appeals Provisions of the Canada Labour Code to Come into Force on April 1, 2019
Date: February 8, 2019
The federal government has proclaimed April 1, 2019 as the coming into force date for certain provisions[1] of Bill C-44, the Budget Implementation Act 2017, No. 1 which amend a number of provisions in the Canada Labour Code. For details on the changes to be implemented under Bill C-44, refer to our Federal Post article on the subject.
The provisions coming into force on April 1, 2019 include:
- the introduction of new Internal Audit provisions, which require an employer to conduct an internal audit where required to do so by the Minister;
- an increase to the limitation period for wage recovery claims, from the current 12 months to 24 months (plus any extension) from the day the complaint was made;
- the inclusion of administrative fees against employers in payment orders made under the Code;
- changes to the review and appeal process with respect to orders under the Code, including the ability to post security, rather than the current requirement for the full payment of the amount due in an order, prior to an employer or director of a corporation being permitted to request a review (or appeal) of the decision;
- in the case of a request for a review or an appeal of a payment order by an employer, the requirement that the employer must also pay or post security to address the administrative fee, in addition to the amount indicated in the payment order;
- changes to the ability of the Labour Program to issue orders, including orders to a person who may become indebted to a director of a corporation to whom a payment order has been issued and the return of security after a final decision on a review or appeal has been made; and
- other changes of an administrative nature.
A number of provisions of Bill C-44 remain unproclaimed, such as the administrative monetary penalties regime set out in the Act. These changes, and others, are anticipated to come into force in coordination with additional changes as set out in Bill C-86, the Budget Implementation Act, 2018, No. 2.
[1] Budget Implementation Act, 2017, No. 1, S.C. 2017, c. 20, sections 357, 358, 361 and 362, subsections 363(1), (3), (4) and (7), 364(1) and (4), sections 366 and 367, subsection 368(2) and sections 369, 371, 372, 374, 375, 385, 388 and 389.
