Employer Support Legislation

Public Safety Act, 2002 (Bill C-7)

CANFORGEN 090/04 ADMHRMIL 044 021818Z JUL 04
REINSTATEMENT IN CIVIL EMPLOYMENT

^UNCLASSIFIED

1. THE GOVERNMENT INTRODUCED IN PARLIAMENT, AS PART OF ITS PUBLIC SAFETY LEGISLATION IN BILL C-7, PROVISIONS TO AMEND THE NATIONAL DEFENCE ACT TO REQUIRE EMPLOYERS TO REINSTATE MEMBERS OF THE RESERVE FORCE IN THEIR EMPLOYMENT IF THEY WERE COMPULSORILY CALLED OUT IN AN EMERGENCY. THE WORD EMERGENCY IS DEFINED BY THE NEW LEGISLATION TO REFER TO QUOTE AN INSURRECTION, RIOT, INVASION, ARMED CONFLICT OR WAR, REAL OR APPREHENDED UNQUOTE

2. BILL C-7 RECEIVED ROYAL ASSENT ON 6 MAY 2004. THE PROVISIONS ON REINSTATEMENT WILL NOT COME INTO EFFECT, HOWEVER, UNTIL REGULATIONS ARE PREPARED AND APPROVED BY THE GOVERNOR-IN-COUNCIL. THIS PROCESS IS EXPECTED TO TAKE APPROXIMATELY TWO YEARS. DURING THIS PERIOD CONSULTATIONS WITH OFFICIALS IN THE PROVINCES WILL TAKE PLACE IN ORDER TO ENSURE COMPATIBILITY OF REGULATIONS WITH PROVINCIAL LAWS AND TO INFORM EMPLOYERS OF THESE NEW PROVISIONS

3. THIS LEGISLATION COMPLEMENTS THE GOVERNMENT S PROGRAM OF VOLUNTARY EMPLOYER SUPPORT FOR THE RESERVE FORCE WHEN MILITARY SERVICE IS VOLUNTARY. THE CANADIAN FORCES LIAISON COUNCIL (CFLC) WORKS CLOSELY WITH CANADIAN EMPLOYERS TO ENCOURAGE THEM TO VOLUNTARILY GRANT TIME OFF, WITHOUT PENALTY, TO RESERVISTS WHO VOLUNTEER TO SERVE ON A PART-TIME AND/OR ON A NON-CONTINUING FULL-TIME BASIS (E.G.: CLASS A, CLASS B FOR COURSES/EXERCISES/STAFF EMPLOYMENT ETC, OR CLASS C FOR DEPLOYMENTS)

4. RESERVISTS PLAY A VITAL ROLE IN THE MAINTENANCE OF THE SECURITY OF CANADA AND THESE AMENDMENTS TO THE NDA WILL ENHANCE THEIR ABILITY TO SERVE IN AN EMERGENCY. CANADA HAS INTRODUCED JOB PROTECTION LEGISLATION IN THE PAST DURING WWII AND THE KOREAN CONFLICT. BILL C-7 WILL ALLOW THE CF A MORE FLEXIBLE RESPONSE TO EMERGENCIES THAT REQUIRE A COMMITMENT BEYOND THE NORMAL FORCE GENERATION PROCESS

5. THE NDA HAS BEEN AMENDED TO INCORPORATE A NEW SECTION IN A RE-TITLED PART VII, QUOTE REINSTATEMENT IN CIVIL EMPLOYMENT UNQUOTE. THESE AMENDMENTS WILL NOT COME INTO FORCE AND EFFECT UNTIL THE AFFILIATED REGULATIONS ARE PROMULGATED AT A LATER DATE (TO BE DETERMINED). KEY ELEMENTS OF PART VII ARE AS FOLLOWS:

1. REINSTATEMENT WILL APPLY ONLY IN CASES WHERE A MEMBER OF THE RESERVE FORCE IS COMPULSORILY CALLED OUT IN AN EMERGENCY AS DEFINED AT PARA ONE
2. AN OBLIGATION WILL BE IMPOSED ON A RESERVIST S EMPLOYER TO REINSTATE THE RESERVIST IN EQUIVALENT EMPLOYMENT (I.E. IN A CAPACITY AND UNDER TERMS AND CONDITIONS NO LESS FAVOURABLE) AT THE EXPIRATION OF MILITARY SERVICE
3. A RESERVIST MUST APPLY FOR REINSTATEMENT WITHIN 90 DAYS OF THE EXPIRY OF THE RESERVE SERVICE OR ANY EXTENSION OF SERVICE RESULTING FROM HOSPITALIZATION OR SERVICE-RELATED MENTAL OR PHYSICAL INCAPACITY
4. AN EMPLOYER WILL BE PROHIBITED FROM TERMINATING A RESERVIST S EMPLOYMENTWITHOUT REASONABLE CAUSE DURING THE ONE-YEAR PERIOD FOLLOWING REINSTATEMENT

6. A NUMBER OF OTHER KEY ELEMENTS ARE INCLUDED IN THE LEGISLATION: BENEFITS ON REINSTATEMENT, ADMINISTRATION AND ENFORCEMENT, AND OFFENCES AND PUNISHMENTS. A SIGNIFICANT PORTION OF THESE ELEMENTS, HOWEVER, IS LEFT TO BE IMPLEMENTED IN REGULATIONS

7. THE POLICY OPI FOR THIS ISSUE IS THE DIRECTOR OF MILITARY EMPLOYMENT POLICY 4, MR. D.A. LOCK, 996-8775

Text of: Public Safety Act, 2002 (Bill C-7)