A recent decision of the Canada Industrial Relations Board (Board) affirms that COVID-19 tests are not considered genetic tests under the genetic testing provisions of the Canada Labour Code (Code), and that, depending on the circumstances, the issue is likely one that is appropriately dealt with under a collective agreement rather than a complaint to…
Publication Name: Federal Post
Federal Government Passes Legislation to Ban Replacement Workers
On June 20, 2024, Bill C-58, An Act to amend the Canada Labour Code and the Canada Industrial Relations Board Regulations, 2012 (Bill C-58) received royal assent. Among other things, Bill C-58 bans the use of replacement workers in federally regulated workplaces, subject to certain exceptions. This legislation will take effect on June 20, 2025….
More on the Interplay Between CLC Paid Leaves and Collective Agreement Entitlements
In Teamsters Local Union 987 of Alberta v Purolator Inc., Arbitrator Robertson considered the interplay between the entitlement to five days of paid personal leave found in two collective agreements and the entitlement under the Canada Labour Code (CLC) to 10 days of paid medical leave (CLC Medical Leave) and five days of personal leave,…
Arbitrator Considers Interplay of Canada Labour Code Sick Days and Employer-Provided Benefits
In United Steelworkers Local 14193 v Cameco Fuel Manufacturing Inc. (Cameco Fuel), Arbitrator Nyman considered the permissibility of offsetting banked Canada Labour Code sick days against an existing entitlement to employer-provided sick leave benefits under a short-term disability (STD) plan. Background On December 1, 2022, amendments to the Canada Labour Code (CLC) came into force entitling all…
Employment Equity Act Task Force Releases Final Report
On December 11, 2023, the federal Employment Equity Act Review Task Force (Task Force) released its final report titled A Transformative Framework to Achieve and Sustain Employment Equity (Final Report). The Final Report included 187 recommendations on improving the federal Employment Equity Act (Act) and its framework. The Process The Act came into force in…
Reminder: Significant Amendments to the Termination Provisions of the Canada Labour Code Are Coming Into Effect on February 1, 2024
Amendments to the Canada Labour Code (Code) which come into effect on February 1, 2024 will require employers to provide individual employees with a graduated notice of termination based on their consecutive years of continuous employment. The amendments will also require employers to provide individual employees with a statement of benefits upon termination. These Code…
Federal Government Tables Legislation to Ban Replacement Workers
On November 9, 2023, the federal government tabled legislation which would ban the use of replacement workers in federally regulated workplaces to do the work of striking or locked out workers once notice of bargaining has been given. This ban would be subject to certain exceptions. If passed, Bill C-58, An Act to amend the…
Federal Government Publishes Proposed Regulations Amending Certain Canada Labour Code Regulations and Invites Public Input
On October 28, 2023, the federal government issued a notice regarding proposed Regulations Amending Certain Regulations Made Under the Canada Labour Code (the Proposed Regulations). The Proposed Regulations would amend the hazardous substances requirements for five occupational health and safety (OHS) regulations under the Canada Labour Code. The Proposed Regulations look to fill gaps in…
Federal Government Extends Consultation on Accessibility Standard on Employment
Accessibility Standards Canada (ASC) has extended the period for interested stakeholders to provide comments on its draft Accessibility Standard on Employment (Standard). Interested stakeholders now have until October 31, 2023 to provide comments. The Accessible Canada Act (ACA) came into force on July 11, 2019, and the Accessible Canada Regulations (Regulations) made under the ACA…
Federal Government Adds Exemptions and Modifications to Hours of Work Provisions, Repeals Penalties for Breaches
The federal government recently published regulations amending the Exemptions from and Modifications to Hours of Work Provisions Regulations and the Administrative Monetary Penalties (Regulations). (For further information on the exemptions, please see our Federal Post from December 16, 2021, Federal Government Publishes Exemptions to New Hours of Work and Notice of Schedule Requirements under Canada…