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What’s happening?
The federal government published Regulation SOR/2022-41 (the “Regulation”), which amends three regulations in support of changes to the Canada Labour Code (the Code). The changes largely relate to record-keeping and complaints.
Effective Date.
The Regulation came into effect on March 4, 2022. Certain sections of the Regulation will come into effect on June 2, 2022, 90 days after the Regulation was registered.
What does it say?
The Regulation amends the following three regulations, in support of changes to the Code:
- The Canada Labour Standards Regulations (“CLSR”);
- The Standards for Work-Integrated Learning Activities Regulations (“Student Regulation”); and
- The Administrative Monetary Penalties (Canada Labour Code) Regulations (“AMPs”)
The changes largely relate to record-keeping and complaints and include the following:
Records: As a response to new provisions in the Code relating to hours of work and students, the Regulation amends the CLSR and Student Regulation to require employers to keep records of:
- Certificates from a health care practitioner relating to an employee’s or student intern’s medical breaks (which specify the start and end date of the period during which the breaks are to be taken) and any employer request for such a certificate (this comes into effect in June 2022);
- Every work schedule and modification of a work schedule provided to a student intern (in effect in June 2022); and
- Every refusal to work by a student intern as a result of not receiving 96 hours’ written notice of their work schedule (in effect in June 2022).
- Unforeseeable emergencies an employee must deal with where, as a result, the employer:
- Cannot provide the employee with 24 hours notice to change their shift;
- Must postpone or cancel the employee’s 30-minute break;
- Requires the employee to work additional hours, resulting in the employee having a rest period of fewer than 8 hours;
The Regulation also amends Schedule 2 of the AMPs to designate new record-keeping requirements as Type A violations.
Complaints: The regulation amends the CLSR to allow the head or a delegated official to extend:
- The six-month deadline for filing a monetary or non-monetary complaint in cases where an extension is required to correct an error made in an initial complaint that was filed within the statutory time limit; and
- The 90-day deadline to file an unjust dismissal or genetic testing complaint in cases where the complaint was filed within the statutory time limit but under the wrong complaint type or with an error.
The Regulation also makes certain technical and housekeeping amendments to the CSLR.
What should we do?
Federally-regulated employers should review the three amended regulations and ensure they maintain records of all instances described above. Also, employers should note that employees who file monetary or unjust dismissal complaints now have more leeway in respect of missing filing deadlines.
Not Federally-regulated: Why should we care?
Employers who keep good records of employee-related issues are better protected should problems arise in the future. Employers should adopt the best practice of documenting such occurrences as described above.
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The information contained in this document is summary in nature and is intended to provide general guidance only. It should not be viewed as a replacement for legal or professional advice. While every effort is made to provide current information, the law changes regularly and laws may vary depending on the province or territory. You should review applicable law in your jurisdiction and consult experienced counsel for legal advice. This content is the property of ADP Canada Co.
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