Vol. 139, No. 47 — November 19, 2005

Regulations Amending the Canada Labour Standards Regulations

Statutory authority

Canada Labour Code

Sponsoring department

Department of Human Resources and Skills Development

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Description

A) Compassionate care leave

The Budget Implementation Act, 2003 added section 206.3 to Division VII of Part III of the Canada Labour Code which gives job protection to federally regulated employees providing compassionate care to a gravely ill or dying child, parent or spouse. Under section 29 of the Canada Labour Standards Regulations, the absence of an employee from work as a result of a leave listed in Division VII of the Code is deemed not to have interrupted continuity of employment. As a result, the heading before section 29 of the Canada Labour Standards Regulations is replaced to add the compassionate care leave.

B) Subparagraph 30(1)(e)(iv)

The reference to the Unemployment Insurance Act in subparagraph 30(1)(e)(iv) of the Regulations is replaced by a reference to the Employment Insurance Act.

C) Group termination

On December 4, 2004, the Minister of Labour and Housing launched an independent review of Part III of the Canada Labour Code (Labour Standards) and appointed Professor Harry Arthurs to conduct the review. Professor Arthurs is scheduled to submit to the Minister of Labour and Housing his report and recommendations in June 2006. The review of Part III could have an impact on the group termination provisions and on other provisions of the Code.

Schedule I of the Regulations contains the list of industrial establishments of six companies for the purposes of group termination. According to sections 212 and 214 of the Canada Labour Code, any employer who terminates, either simultaneously or within any period not exceeding four weeks, the employment of a group of fifty or more employees within a particular industrial establishment must provide a sixteen-week notice and establish a joint planning committee to assist affected employees to find alternative employment.

According to section 27 of the Regulations, for the purposes of group termination, an industrial establishment is defined as

(a) all branches, sections, and other divisions of federal works, undertakings and businesses that are located in a region established pursuant to paragraph 54(w) of the Employment Insurance Act; and

(b) all branches, sections, and other divisions listed in Schedule I.

In 2003, the companies listed in Schedule I of the Regulations were contacted by Human Resources and Skills Development Canada, Labour Program, and were offered the opportunity to update their list of industrial establishments. In January 2004, Canadian Pacific Limited and Bell Canada each submitted a revised list which reflects more accurately their current organizational structure. Part I of Schedule I of the Regulations is replaced by the revised list of industrial establishments for Canadian Pacific Limited, and Part VI of Schedule I is also replaced by the revised list of industrial establishments for Bell Canada.

D) Schedule II

According to subsection 25(2) of the Regulations, federally regulated employers have to post copies of notices at their work site that contain the information set out in Schedule II of the Regulations. The schedule contains a list of the labour standards that are found in Part III of the Canada Labour Code and indicates where employees can obtain information on these employment standards. Schedule II of the Regulations is replaced by a revised list of labour standards, and a link to the Labour Program Web site has been added.

Alternative

With regard to C) Group termination, the other alternative to the amendments to Schedule I of the Regulations would have been that Canadian Pacific Limited and Bell Canada keep their lists of industrial establishments that now appear in Schedule I even though they do not reflect their current organizational structure. Consequently, any future group terminations affecting 50 or more employees would not be based on their current organizational structure.

There are no suitable alternatives for amendments A), B) and D).

Benefits and costs

There are no costs associated with these regulatory initiatives. Group terminations at Canadian Pacific Limited and at Bell Canada will be determined under their respective revised lists of industrial establishments which reflect more accurately their respective current organizational structure.

Environmental impact

These amendments have no environmental impact.

Regulatory burden

These amendments do not create a regulatory burden.

Consultation

After receiving a revised list of industrial establishments from Canadian Pacific Limited and from Bell Canada in January 2004, Human Resources and Skills Development Canada, Labour Program, provided the unions representing the employees at these companies with a copy of the list pertaining to their membership and offered them the opportunity to submit comments. No comments have been received from the unions.

Compliance and enforcement

Future group terminations at Canadian Pacific Limited and at Bell Canada will be determined under their revised list of industrial establishments. Enforcement will be ensured through the group termination procedure provided under the Code.

Contact

André Charette, Acting Manager, Labour Standards Policy and Legislation, Labour Program, Human Resources and Skills Development Canada, Place du Portage, Phase II, 165 De l'Hôtel-de-Ville Street, Gatineau, Quebec K1A 0J2, (819) 953-7498 (telephone), (819) 994-5264 (fax), andré.charette@hrsdc-rhdcc.gc.ca (email).

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council, pursuant to sections 190 (see footnote a), 209.4 (see footnote b), 210, 227, 233 (see footnote c), 236 (see footnote d), 239 (see footnote e), 245 and 264 (see footnote f) of the Canada Labour Code, proposes to make the annexed Regulations Amending the Canada Labour Standards Regulations.

Interested persons may make representations with respect to the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to André Charette, Acting Manager, Labour Standards Policy and Legislation Division, Labour Program, Human Resources and Skills Development Canada, Ottawa, Ontario K1A 0J2.

Ottawa, November 14, 2005

DIANE LABELLE 
Acting Assistant Clerk of the Privy Council 

REGULATIONS AMENDING THE CANADA LABOUR STANDARDS REGULATIONS

AMENDMENTS

1. The heading before section 29 of the Canada Labour Standards Regulations (see footnote 1) is replaced by the following:

Continuity of Employment (Annual Vacations, Maternity and Parental Leave, Compassionate Care Leave, Bereavement Leave, Individual Termination of Employment, Severance Pay, Sick Leave and Unjust Dismissal)

2. Subparagraph 30(1)(e)(iv) of the Regulations is replaced by the following:

3. Part I of Schedule I to the Regulations is replaced by the following:

PART I

CANADIAN PACIFIC LIMITED

Industrial Establishments

4. Part VI of Schedule I to the Regulations is replaced by the following:

PART VI

BELL CANADA

Industrial Establishments

5. Schedule II to the Regulations is replaced by the following:

SCHEDULE II
(Subsection 25(2))

NOTICE RELATED TO THE CANADA LABOUR CODE — PART III

Part III of the Canada Labour Code contains provisions setting out minimum labour standards for employers and employees in the federal jurisdiction.

These provisions include standards relating to the following:

For more information concerning these provisions, please contact your nearest Labour Program office of the Department of Human Resources and Skills Development or visit the Web site address: http://www.hrsdc.gc.ca/en/gateways/topics/lxn-gxr.shtml

All inquiries will be treated confidentially.

COMING INTO FORCE

6. These Regulations come into force on the day on which they are registered.

[47-1-o]

Footnote a

S.C. 1993, c. 42, s. 20

Footnote b

S.C. 2003, c. 15, s. 29

Footnote c

R.S., c. 9 (1st Supp.), s. 11

Footnote d

R.S., c. 9 (1st Supp.), s. 12

Footnote e

S.C. 2001, c. 34, s. 22

Footnote f

R.S., c. 9 (1st Supp.), s. 21

Footnote 1

C.R.C., c. 986

NOTICE:
The format of the electronic version of this issue of the Canada Gazette was modified in order to be compatible with hypertext language (HTML). Its content is very similar except for the footnotes, the symbols and the tables.

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