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…

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 Issues 2023 Fall Economic Statement

On November 21, 2023, the federal government issued its 2023 Fall Economic Statement. The Statement covers a wide array of initiatives including several proposals that will be of interest to employers, human resource professionals and pension plan administrators. Of particular interest are the following proposals: We are awaiting the release of the legislation giving effect…

Appellate Court Finds National Day of Mourning Not a Paid Holiday Under Collective Agreements

The issue of whether the National Day of Mourning is considered a “holiday” under a particular collective agreement has been the topic of recent arbitral decisions. On November 7, 2023, the Divisional Court weighed in on the issue and found that the National Day of Mourning is not a paid holiday under the applicable collective…

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 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…

Government of Canada Announces Changes to Federal Employment Standards Coming Into Force

The Budget Implementation Act, 2018, No. 2 (Bill C-86) amended the Canada Labour Code (CLC) by enacting a new Division XII.1 “Reimbursement of Work-related Expenses,” which will require federally regulated employers to reimburse employees for reasonable work-related expenses, subject to prescribed exceptions. Bill C-86 also enacted a new section titled “Information Related to Employment,” which…

Federal Government Tables 2023 Budget

On March 28, 2023, the federal government tabled its 2023 budget, “A Made-in-Canada Plan: Strong Middle Class, Affordable Economy, Healthy Future.” The Budget covers a wide array of initiatives. While health and dental care, efforts to make life more affordable, and investments in green energy are key areas of focus, the Budget includes several proposals…