Forward Regulatory Plan: 2019-2021

This Forward Regulatory Plan provides information on regulatory initiatives that the Labour Program aims to propose or finalize in the next 2 years through:

  • pre-publication in the Canada Gazette, Part I
  • final publication in the Canada Gazette, Part II

The Forward Regulatory Plan may also include regulatory initiatives that are planned to come forward over a longer time frame. Comments or enquiries can be made using the contact information included with each regulatory initiative.

Regulatory initiatives

  1. Developing Harassment and Violence Prevention Regulations under the Canada Labour Code
  2. Consequential Regulatory Amendments under the Canada Labour Code – Introducing New Compliance and Enforcement Measures
  3. Students Performing Work-Integrated Learning Activities Regulations
  4. Amending Wage Earner Protection Program Regulations to implement Budget 2018 amendments to the Wage Earner Protection Program Act (WEPPA)
  5. Amending the Canada Labour Standards Regulations – Modernizing Federal Labour Standards
  6. Developing Pay Equity Regulations under the Pay Equity Act
  7. Developing equal remuneration for federally regulated, unionized contract workers at airports and airlines regulations under Part I (Industrial Relations) of the Canada Labour Code
  8. Amending the Oil and Gas Occupational Safety and Health Regulations – Updating Provisions and Standards
  9. Amending the Canada Occupational Health and Safety Regulations – Addressing Workplace Hazardous Substances (Thermal Stress, Nanoparticles and Ultraviolet Radiation)
  10. Amending the Canada Occupational Health and Safety Regulations – Protecting Employees Working in Confined Spaces
  11. Amending Six Occupational Health and Safety Regulations – Including A Privacy Notice in Hazardous Occurrence Reports
  12. Amending the Canadian Forces Employment Equity Regulations – Administrative Updates to Improve Clarity and Consistency of the Regulations
  13. Amending the Employment Equity Regulations – Supporting Pay Transparency Measures
  14. Consultations on potential amendments to Regulations under Part II of the Canada Labour Code: Provision of Menstrual Products in the Workplace
  15. Nuclear Exclusion Regulations
  16. Amending the Canada Occupational Health and Safety Regulations - Updating Part VII – Levels of Sound

Consult the Labour Program’s acts and regulations web page for:

  • a list of acts and regulations administered by the Labour Program
  • further information on the Labour Program‘s implementation of government-wide regulatory management initiatives

Consult the following for links to the Cabinet Directive on Regulation and supporting policies and guidance, and for information on government-wide regulatory initiatives implemented by departments and agencies across the Government of Canada:

To learn about upcoming or ongoing consultations on proposed federal regulations, visit:

Developing Harassment and Violence Prevention Regulations under the Canada Labour Code

Enabling act(s)

An Act to amend the Canada Labour Code (harassment and violence), the Parliamentary Employment and Staff Relations Act and the Budget Implementation Act, 2017, No. 1.

Description

The objective of developing new regulations under the Canada Labour Code is to bring into force amendments introduced in Bill C-65 to protect all federally regulated workers, including those in extended jurisdictions, by creating a robust approach to addressing harassment and violence in the workplace, including sexual harassment and sexual violence.

The proposed new regulations aim to help employers prevent and protect employees against these behaviours, to respond when they occur, and to offer support to employees affected by them.

The new regulations will require repealing Part XX of the Canada Occupational Health and Safety Regulations, which addresses violence prevention in the workplace. References to the current Part XX will also be repealed from all other Government of Canada’s occupational health and safety regulations.

Potential impacts on Canadians, including businesses

These regulations will apply to all federally regulated sectors. Public opinion research has found that a strong majority of Canadians consider harassment and violence in the workplace to be a serious issue warranting increased attention, and Canadians can be expected to support the implementation of a new regime aimed at eliminating harassment and violence from federal workplaces.

Federally regulated employers are likely to support suggested changes that would recognize that the primary response to allegations of harassment and violence should be undertaken internally by the workplace parties, and may have concerns related with the costs associated with the new regime (particularly for small businesses).

Regulatory cooperation efforts (domestic and international)

Overall, the proposed regulations align with the other jurisdictions in terms of employer requirements to develop harassment and violence prevention policies, conduct workplace harassment and violence risk assessments, develop mandatory harassment and violence education and training, provide support measures to affected employees, preserve the confidentiality of all parties involved in an occurrence, and report on occurrences of harassment and violence on an annual basis. The requirement for workplace harassment and violence prevention policies, workplace assessments, and the development of tools, education and training also aligns with the International Labour Organization’s (ILO) Proposed Convention Concerning the Elimination of Violence and Harassment in the World of Work, which will be finalized and prepared into a fourth report by the International Labour Office for the consideration of the International Labour Conference (ILC) at its 108th Session in June 2019. Article 9 (a), (c) and (d) of the Proposed Convention calls for each member state to adopt regulations that require employers to implement a workplace policy on harassment and violence, identify hazards and assess the risks of violence and harassment, and provide concerned workers with information and training on the identified harassment and violence hazards and risks.

Federally regulated employers are likely to support suggested changes that would recognize that the primary response to allegations of harassment and violence should be undertaken internally by the workplace parties. There will be increased costs associated with the new regime (particularly for small businesses).

Consultations

Federally regulated employers and employees, as well as special interest groups were consulted in spring 2018. In response to these consultations, a proposed regulatory framework and survey were made available online for 74 days in summer and fall of 2018 for Canadians to comment.

Pre-publication of the proposed regulations in Canada Gazette, Part I, is planned for spring 2019. Coming into force is planned for 2020.

Further information

The widespread nature of harassment and violence in the workplace, including sexual harassment and sexual violence, is highlighted in the 2018 results of an online survey conducted by the Angus Reid Institute where 52% of Canadian women say they have been subject to sexual harassment in the workplace.Footnote 1 The results of the 2017 Government of Canada Public Service Employee Survey (PSES) also underscores the pervasiveness of the issue, finding that 18% of respondents have been subject to violence or harassment on the job in the past two years.Footnote 2

Evidence also shows that harassment is severely under reported, with some studies estimating up to 80 percent of occurrences going unreported to anyone.Footnote 3 The lack of reporting is due to the employees’ fear of retribution, including their job security, lack of support from the employer to rectify the situation, and lack of knowledge of what behaviour constitutes harassment and violence.

The current legal framework under the Canada Labour Code (the Code) and its associated regulations to prevent harassment and violence in federally regulated workplaces is fragmented and not designed to adequately address occurrences of sexual harassment and sexual violence.

When available, consultation documents will be accessible on the Labour Program’s Acts and Regulations webpage.

Departmental contact information

Brenda Baxter
Director General
Workplace Directorate, Labour Program
819-654-4410
brenda.baxter@labour-travail.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

April 1, 2018

Consequential Regulatory Amendments under the Canada Labour Code – Introducing New Compliance and Enforcement Measures

Enabling act(s)

The authority for this proposed regulatory initiative is provided under the Canada Labour Code and Budget Implementation Act, 2017, No. 1.

Description

The objective of the regulatory changes is to bring into force amendments introduced in the Budget Implementation Act, 2017, No. 1, which received Royal Assent on June 22, 2017, to add new compliance and enforcement measures under the Canada Labour Code (the Code) in order to address long-standing concerns about the lack of adequate tools in the Code to bring about greater compliance by employers, particularly those who have been repeat offenders.

Amendments will be made to Parts I (Industrial Relations), II (Occupational Health and Safety) and III (Labour Standards) of the Code and a new Part IV (Administrative Monetary Penalties) will be created. These amendments will allow for the establishment of administrative monetary penalties to promote compliance with occupational health and safety and labour standards requirements. More specifically, these new authorities provide for regulation-making powers to designate violations and determine associated penalties (not exceeding $250,000), to set out processes for the issuance, review and appeal of notices of violation, and to provide authority to publish the name of employers that have committed a violation.

Tools that will be added to Part III of the Code include: 1) recourse against reprisals; 2) employer internal audits; 3) compliance orders; 4) greater power for inspectors to determine wages due; 5) notices of voluntary compliance; 6) an extension of the period covered by payment orders; 7) administrative fees on payment orders; 8) orders to debtors of corporate directors; 9) security for review or appeal of payment orders; 10) the transfer of adjudicative functions under Parts II and III of the Code to the Canada Industrial Relations Board (CIRB); 11) payment of the CIRB’s costs related to adjudication; and 12) technical amendments, such as those relating to the service of documents.

Regulation-making powers have been provided to modernize the service of documents, and the definition of “regular rate of wages” for the attendance of employees summoned to attend an appeal proceeding.

Potential impacts on Canadians, including businesses

The intended result of these regulations is to improve compliance with federal labour legislation through enhanced enforcement tools and, consequently, better working conditions for Canadians working for federally regulated employers.

It is not expected that small businesses will be disproportionately affected by these regulations. The “One-for-One” rule does not apply since these regulations will not lead to the creation of new administrative burden.

Regulatory cooperation efforts (domestic and international)

This regulatory initiative is not part of a formal bilateral agreement.

Consultations

Phase I of the consultations took place in fall 2017. The second phase of consultations began in December 2018 and will continue throughout winter 2019. Pre-publication of the draft regulations in Canada Gazette, Part I, is planned for spring 2019.

Further information

When available, consultation documents will be accessible on the Labour Program’s Acts and Regulations webpage.

Departmental contact information

Brenda Baxter
Director General
Workplace Directorate, Labour Program
819-654-4410
brenda.baxter@labour-travail.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

October 1, 2017

Students Performing Work-Integrated Learning Activities Regulations

Enabling act(s)

The authority for this proposed regulatory initiative is provided under the Canada Labour Code and Economic Action Plan, 2015, No. 1, as amended by Budget Implementation Act 2017, No. 2.

Description

The objective of amending the Canada Labour Standards Regulations is to implement legislative changes to the Canada Labour Code (the Code); introduced in Budget Implementation Act 2017, No. 2 to limit unpaid internships in federally regulated workplaces. Legislative changes require regulations before they can be brought into force.

The proposed amendments will clarify how federal labour standards under Part III of the Code apply to internships with federally-regulated employers. Individuals undertaking an internship will be covered by Part III as though they were employees, unless the internship is undertaken in order to fulfill the requirements of an educational program. In the latter case, regulations will be developed to establish the labour standards protections that will apply to educational internships, as well as to define the educational institutions that are included, and to clarify other administrative issues, such as an employer’s relevant record-keeping responsibilities.

The Canada Labour Standards Regulations are made under Part III of the Code, which establishes labour standards that federally regulated employers must provide to their employees.

Potential impacts on Canadians, including businesses

Canadians enrolled in educational programs and undertaking internships with federally regulated employers will benefit from coverage of select labour standards protections.

It is not expected that small businesses will be disproportionately affected by these regulations. The “One-for-One” rule applies since there is an incremental increase in administrative burden on business, and the amendments are considered an “in” under the rule.

Regulatory cooperation efforts (domestic and international)

This regulatory initiative is not part of a formal bilateral agreement.

Consultations

Consultations took place in September 2018 with representatives from 17 organizations including labour groups, employer groups, educational institutions and associations, student and intern associations, and other groups.

Pre-publication of the proposed regulations in Canada Gazette, Part I, is planned for spring 2019, at which time stakeholders will have 30 days to submit comments that the Labour Program will consider before finalizing the regulations. It is anticipated that the new regulations be published in Part ll of the Canada Gazette in 2020.

Further information

Consultation and educational materials concerning labour standards protections for interns are currently under development and once available will be accessible on the Labour Program’s Acts and Regulations webpage.

Departmental contact information

Brenda Baxter
Director General
Workplace Directorate, Labour Program
819-654-4410
brenda.baxter@labour-travail.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

April 1, 2018

Amending Wage Earner Protection Program Regulations to implement Budget 2018 amendments to the Wage Earner Protection Program Act (WEPPA)

Enabling act(s)

Wage Earner Protection Program Regulations (WEPPR) are made pursuant to the Wage Earner Protection Program Act (WEPPA)

Description

The objectives of the WEPP regulatory amendments include: extending WEPP coverage to individuals employed by foreign companies operating in Canada, if their employer goes bankrupt or becomes subject to receivership in another country; enabling timelier payments to individuals if their employer engages in a lengthy restructuring proceeding before entering receivership or going bankrupt; addressing concerns identified by the Standing Joint Committee for the Scrutiny of Regulations (SJCSR), such as clarifying language regarding submission of late applications, requests for reviews, and requests for appeals; and responding to issues raised in the Five-Year Statutory Review of the WEPPA, including revising the trustee and receiver payment formula to cover fees and expenses to better assure take-up of low or no-asset bankruptcies.

Potential impacts on Canadians, including businesses

There are no identifiable new costs to Canadian businesses, or impacts on trade or investment that could result from new WEPP Regulations. Furthermore, no changes are being considered to Canada’s current insolvency regime.

Some regulatory changes will establish certain new responsibilities for trustees, receivers and monitors.

The regulatory amendments will improve access to the WEPP for workers employed in Canada by broadening the types of insolvency proceedings that are covered (to include foreign proceedings), and enabling more timely payments to workers in certain situations. These changes will benefit workers by enabling them to receive payments for unpaid wages, vacation pay, termination and/or severance pay.

Regulatory cooperation efforts (domestic and international)

WEPP is a national program that applies to all workers employed in Canada (provided that all other eligibility requirements are met). There are no equivalent programs at the provincial/territorial level. Due to the design of the Program, regulatory alignment or cooperation with other jurisdictions is unnecessary.

Consultations

Consultations with internal and external stakeholders are expected to occur in spring 2019.

Further information

When available, consultation documents will be accessible on the Labour Program’s Acts and Regulations webpage.

Departmental contact information

Brenda Baxter
Director General
Workplace Directorate, Labour Program
819-654-4410
brenda.baxter@labour-travail.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

April 1, 2019

Amending the Canada Labour Standards Regulations – Modernizing Federal Labour Standards

Enabling act(s)

The authority for this proposed regulatory initiative is provided under the Canada Labour Code and Budget Implementation Act 2018, No. 2.

Description

The objective of amending the Canada Labour Standards Regulations is to implement legislative changes to the Canada Labour Code (the Code), introduced in Budget Implementation Act 2018, No. 2

The proposed amendments to the Code will: 1) improve employees’ eligibility for labour standards by eliminating or reducing the length of service requirements; 2) add new labour standards protections and adapt existing ones to improve employees’ work-life balance; 3) ensure fair treatment and compensation for employees in precarious work; 4) ensure that employees receive sufficient notice and/or compensation when their jobs are terminated; and 5) improve the administration of Part III.

Although some of these amendments have already come into force or will come into force without the need for regulations, others will require regulations to be developed before implementation.

The Canada Labour Standards Regulations are made under Part III of the Canada Labour Code, which establishes labour standards that federally regulated employers must provide to their employees.

Potential impacts on Canadians, including businesses

These regulations are expected to benefit Canadian workers in the federal jurisdiction by strengthening their labour standards protections. There may be business impacts. The “One-for-One” rule and/or the Small Business Lens may apply.

Regulatory cooperation efforts (domestic and international)

This regulatory initiative is not part of a formal bilateral agreement.

Consultations

Consultations with concerned stakeholders will begin in spring 2019.

Further information

When available, consultation documents will be accessible on the Labour Program’s Acts and Regulations webpage.

Departmental contact information

Brenda Baxter
Director General
Workplace Directorate, Labour Program
819-654-4410
brenda.baxter@labour-travail.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

April 1, 2019

Developing Pay Equity Regulations under the Pay Equity Act

Enabling act(s)

Pay Equity Act

Description

The objective of developing Pay Equity Regulations is to support the implementation of the Pay Equity Act (PEA) in establishing a proactive pay equity regime that will apply to employers and employees in the federally regulated private and public sectors, including the federal public service, Crown Corporations, separate agencies, the Prime Minister’s and ministers’ offices and parliamentary institutions.

The PEA was introduced in Parliament as part of Bill C-86, Budget Implementation Act, 2018, No. 2, on October 29, 2018, and received Royal Assent on December 13, 2018. The PEA will come into force on a day or days to be fixed by order of the Governor in Council.

The PEA will require employers with 10 or more employees to proactively examine their compensation practices to determine whether there is a difference in compensation between positions that are mostly held by women and those mostly held by men that are deemed to be of equal value. If differences in compensation exist, employers will be required to increase the compensation of affected employees and, then, maintain pay equity.

The Pay Equity Regulations would set out specific requirements for the posting of notices and pay equity plans by employers; the factor that will be applied when calculating the increase owed to a predominantly female job class when using either of the legislated methods for comparing compensation; how an employer or a pay equity committee are to proceed with the pay equity exercise when they are using the equal line method of comparison and male and female regression lines cross; and a method for comparing compensation when there is no predominantly male job class that can be used as a comparator.

Potential impacts on Canadians, including businesses

The PEA will impact employers with 10 or more employees in the federally regulated private and public sectors, including the federal public service and separate agencies, Crown Corporations, the Prime Minister’s and ministers’ offices, and parliamentary institutions.

There may be business impacts. The “One-for-One” Rule and/or the Small Business Lens may apply.

There are no expected, significant impacts on international trade or investment.

Regulatory cooperation efforts (domestic and international)

This regulatory initiative is not part of a formal bilateral agreement.

Consultations

Federally regulated employers and employees and their representatives, as well as special interest groups will be consulted in spring 2019. Stakeholders will also have the opportunity to provide comments when the regulations are pre-published in Part l of the Canada Gazette.

Further information

When available, consultation documents will be accessible on the Labour Program’s Acts and Regulations webpage.

Departmental contact information

Lori Straznicky
Executive Director, Pay Equity Task Team
Strategic Policy, Analysis and Workplace Information Directorate, Labour Program
819-654-2298
lori.straznicky@labour-travail.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

April 1, 2019

Developing equal remuneration for federally regulated, unionized contract workers at airports and airlines regulations under Part I (Industrial Relations) of the Canada Labour Code

Enabling act(s)

Part I (Industrial Relations) of the Canada Labour Code

Description

The objective of developing new regulations under Part I (Industrial Relations) of the Canada Labour Code is to extend the scope of the equal remuneration provision under section 47.3.

That section provides that a contractor who succeeds a previous contractor of pre-board security screening service workers for airport transportation cannot lower the remuneration below what the workers were paid by the previous contractor.

The new regulations would extend the scope of the provision to include other federally regulated, contract service employees at airports and airlines whose terms of employment are covered by a collective agreement.

Potential impacts on Canadians, including businesses

There may be impacts of the proposed regulatory change on Canadians, including federally regulated employers and employees in the aviation industry.

As a result, the “One-for-One” Rule and/or the Small Business Lens may apply.

Regulatory cooperation efforts (domestic and international)

This regulatory initiative is not part of a formal bilateral agreement.

Consultations

A Notice of Intent (NOI) informing stakeholders of the initiative and providing an opportunity to comment was published in the Canada Gazette, Part I, on February 23, 2019. The publication initiates a 45-day comment period that would end on April 9, 2019.

Further information

For further information, interested parties may consult the Notice of Intent.

Departmental contact information

Barbara Moran
Director General
Strategic Policy and Workplace Information Directorate, Labour Program
819-654-8796
barbara.moran@labour-travail.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

April 1, 2019

Amending the Oil and Gas Occupational Safety and Health Regulations – Updating Provisions and Standards

Enabling act(s)

The Canada Oil and Gas Operations Act and the Canada Occupational Health and Safety Regulations (COHSR), Canada Occupational Health and Safety Regulations (MOHSR) and Oil and Gas Occupational Safety and Health Regulations (OGOHSR) under Part II of the Canada Labour Code

Description

The objective of amending the Oil and Gas Occupational Safety and Health Regulations (OGOHSR) is to update outdated provisions and standards to ensure that the regulations contain the most current ones. These include: update and align current provisions as needed with the Canada Occupational Health and Safety Regulations (COHSR), Canada Occupational Health and Safety Regulations (MOHSR) and the Atlantic Offshore Accords; update references to the most recent Canadian and international standards; correct inconsistencies between the English and French versions, as well as ambiguities raised by the Standing Joint Committee for the Scrutiny of Regulations (SJCSR).

Potential impacts on Canadians, including businesses

There may be potential impacts on Canadians, including businesses. The “One-for-One” rule and/or the Small Business Lens may apply.

Regulatory cooperation efforts (domestic and international)

Regulatory cooperation efforts are ongoing with National Resources Canada (NRCan) and the National Energy Board (NEB).

Consultations

Consultations with federally regulated employers and employees were completed on June 30, 2017. Pre-publication of the proposed regulations in Canada Gazette, Part I, is planned for 2020.

Further information

When available, consultation documents will be accessible on the Labour Program’s Acts and Regulations webpage.

Departmental contact information

Brenda Baxter
Director General
Workplace Directorate, Labour Program
819-654-4410
brenda.baxter@labour-travail.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

October 1, 2015

Amending the Canada Occupational Health and Safety Regulations – Addressing Workplace Hazardous Substances (Thermal Stress, Nanoparticles and Ultraviolet Radiation)

Enabling act(s)

Part X of the Canada Occupational Health and Safety Regulations (COHSR), under Part II of the Canada Labour Code.

Description

The objective of the proposed amendments to Part X of the Canada Occupational Health and Safety Regulations (COHSR) is to improve the protection of health and safety for federally regulated employees by updating the exposure limits and regulatory requirements, as well as adding new requirements related to thermal stress, nanoparticles and ultraviolet radiation, to reflect best practices; clarifying ambiguous regulatory text; and improving consistency with other provisions within the COHSR and guidelines of Health Canada.

Part X of the Canada Occupational Health and Safety Regulations (COHSR), under Part II of the Canada Labour Code addresses health and safety requirements for hazardous substances in the workplace.

Potential impacts on Canadians, including businesses

These regulations are expected to benefit Canadian workers in the federal jurisdiction by mitigating exposure to hazardous substances in the workplace. Impacts on Canadians and businesses have been identified. The “One-for-One” rule and the Small Business Lens apply.

Regulatory cooperation efforts (domestic and international)

The United States of America have regulations from both state and federal levels, and in general, Canada and U.S. have similar requirements. The U.S. has proposed similar requirements for nanoparticles that are in the process of being finalized. Both Canada’s regulations and the U.S.’s rules concerning exposure to ultra violet radiation reference the same standard, and the proposed amendment that records would be maintained for 30 years, would be aligned with the regulations of the U.S.

Consultations

Federally regulated employers and employees were consulted through the Hazardous Substances Working Group. Since February 2009, 18 meetings of the Hazardous Substances Working Group were held. Certain elements of the regulations have been or will be addressed in separate regulatory proposals. Consultations were completed on May 15, 2014

Stakeholders will have the opportunity to comment on the proposed amendments during pre-publication in Canada Gazette, Part I, planned for 2020.

Further information

When available, consultation documents will be accessible on the Labour Program’s Acts and Regulations webpage.

Departmental contact information

Brenda Baxter
Director General
Workplace Directorate, Labour Program
819-654-4410
brenda.baxter@labour-travail.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

October 1, 2015

Amending the Canada Occupational Health and Safety Regulations – Protecting Employees Working in Confined Spaces

Enabling act(s)

Part XI of the Canada Occupational Health and Safety Regulations (COHSR), under Part II of the Canada Labour Code.

Description

The objective of the proposed amendments to Part XI of the Canada Occupational Health and Safety Regulations (COHSR) is to address a number of issues identified in a recent review. These issues include outdated safety provisions, unclear definition of confined space, ambiguity of some regulatory text, and misalignment of federal requirements under Part XI with those under other parts of the COHSR, the Canada Labour Code, and provincial laws.

The proposed amendments would apply to all federally regulated employers and employees, except for those employed on board ships, aircrafts or trains, and employees in the oil and gas sector. The proposed changes aim to clarify the definition of a confined space to focus on its physical characteristics; strengthen regulatory provisions surrounding work in a confined space; and clarify the employers’ responsibility towards employees and persons granted access.

Part XI of the Canada Occupational Health and Safety Regulations (COHSR), under Part II of the Canada Labour Code prescribes the health and safety requirements for employers and employees with respect to work being undertaken in areas that meet the definition of a confined space.

Potential impacts on Canadians, including businesses

There may be potential impacts on Canadians, including businesses. The “One-for-One” rule and/or the Small Business Lens may apply.

Regulatory cooperation efforts (domestic and international)

The proposed amendments would harmonize the definition of a confined space in several provincial jurisdictions as well as the definition outlined in the United States Occupational Safety and Health Administration regulations.

Consultations

Since November 2015, five meetings were held to discuss the proposed amendments. Consultations with federally regulated employers and employees were completed on January 17, 2017.

Stakeholders will have the opportunity to comment on proposed amendments which are expected to be pre-published in Part I of the Canada Gazette in 2020.

Further information

When available, consultation documents will be accessible on the Labour Program’s Acts and Regulations webpage.

Departmental contact information

Brenda Baxter
Director General
Workplace Directorate, Labour Program
819-654-4410
brenda.baxter@labour-travail.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

October 1, 2015

Amending Six Occupational Health and Safety Regulations – Including a Privacy Notice in Hazardous Occurrence Reports

Enabling act(s)

Privacy Act and Canada Occupational Health and Safety Regulations (COHSR), Canada Occupational Health and Safety Regulations (MOHSR), Aviation Occupational Health and Safety Regulations (AOHSR), On Board Trains Occupational Health and Safety Regulations (OTOHSR), Policy Committees, Work Place Committees and Health and Safety Representatives Regulations under Part II of the Canada Labour Code.

Description

The main objective of the proposed amendments is to include a privacy notice in the Hazardous Occurrence Investigation Report (HOIR) and Employer’s Annual Hazardous Occurrence Report (EAHOR), required in the Government of Canada’s regulations related to occupational health and safety (OHS).

Adding the privacy notice to these reports will bring OHS related regulations in compliance with legal requirements set out in the Privacy Act. It will also help the Labour Program meet its duty that individuals must be notified of the purpose of sharing their personal information with other jurisdictions in Canada.

In addition, other minor amendments will also be made to the OHS regulations to address concerns raised by the Standing Joint Committee for the Scrutiny of Regulations (SJCSR). These changes will help stakeholders better understand these regulations and avoid possible misinterpretation.

Amendments would be made to the following regulations:

Potential impacts on Canadians, including businesses

There are no expected potential impacts on Canadians, including businesses.

Regulatory cooperation efforts (domestic and international)

Regulatory cooperation efforts are not required as the amendments are considered administrative.

Consultations

Public consultations on the regulatory proposal are not required since amendments are considered administrative in nature that do not change the intent of the regulations or have any practical impact on businesses.

Publication in Part II of the Canada Gazette is anticipated for 2020.

Further information

When available, informational documents will be accessible on the Labour Program’s Acts and Regulations webpage.

Departmental contact information

Brenda Baxter
Director General
Workplace Directorate, Labour Program
819-654-4410
brenda.baxter@labour-travail.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

October 1, 2017

Amending the Canadian Forces Employment Equity Regulations – Administrative Updates to Improve Clarity and Consistency of the Regulations

Enabling act(s)

The Canadian Forces Employment Equity Regulations (2002) are made pursuant to the Employment Equity Act (1986).

Description

The Canadian Forces Employment Equity Regulations (2002) outline how the purpose of the Act, which is to achieve equality in the workplace for women, Indigenous peoples, persons with disabilities and members of visible minorities, is applied within the Canadian Forces in a manner that accommodates its unique characteristics.

The amendments will ensure that the Reserve Force definition now includes 100% of Reserve Force members for the purposes of employment equity calculation. The amendments will minimize legal and compliance risk by reducing ambiguity with respect to the handling of Classified/Protected information by the Canadian Human Rights Commission, the Employment Equity Review Tribunal and their officers or agents.

Potential impacts on Canadians, including businesses

There are no impacts on business or on Canadians as the changes are unique to the Canadian Forces, administrative in nature and are being undertaken to improve clarity.

Regulatory cooperation efforts (domestic and international)

This regulatory initiative is not part of a formal bilateral agreement.

Consultations

Representatives of Canadian Forces groups and other implicated internal stakeholders were consulted throughout 2013 and 2014 by the Canadian Forces on the proposed regulatory amendments and were in agreement with the changes. As the changes are unique to the Canadian Forces, public consultations on the amended regulatory provisions were not required as they are administrative in nature and are being undertaken to improve clarity.

Pre-publication of the proposed regulations in Canada Gazette, Part I, is planned for summer 2019. Final publication is anticipated for 2020.

Further information

When available, informational documents will be accessible on the Labour Program’s Acts and Regulations webpage.

Departmental contact information

Riaz Kara
A/Director General
Federal Programs Directorate, Labour Program
647-790-9300
riaz.kara@labour-travail.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

April 1, 2013

Amending the Employment Equity Regulations – Supporting Pay Transparency Measures

Enabling act(s)

The Employment Equity Regulations (1996) are made pursuant to the Employment Equity Act (1986).

Description

The objective of the proposed amendments is to amend the Employment Equity Regulations in order to streamline the requirements, increase clarity, improve data gathering, and reduce reporting burden while introducing minor amendments to collect salary information in a way that will support the implementation of pay transparency measures among federally regulated employers as announced in Budget 2018.

Potential impacts on Canadians, including businesses

Preliminary analysis suggests that business impacts associated with this change may be limited to updating some systems and the administrative cost would be low. As these changes only affect businesses with 100 or more permanent employees, they do not impose any new administrative or compliance burden on small businesses. Consequentially, the small business lens does not apply.

The proposed amendments will serve to provide Canadians with more accessible information about the pay practices of federally regulated employers.

Regulatory cooperation efforts (domestic and international)

This regulatory initiative is not part of a formal bilateral agreement.

Consultations

Consultations with concerned stakeholders were undertaken in late 2017 and again in early 2019.

Final publication of the proposed regulations in Canada Gazette, Part II is planned for summer 2019.

Further information

When available, consultation documents will be accessible on the Labour Program’s Acts and Regulations webpage.

Departmental contact information

Riaz Kara
A/Director General
Federal Programs Directorate, Labour Program
647-790-9300
riaz.kara@labour-travail.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

April 1, 2016

Consult the Labour Program’s Acts and Regulations web page for:

  • a list of acts and regulations administered by the Labour Program
  • further information on the Labour Program’s implementation of government-wide regulatory management initiatives

Consult the following for links to the Cabinet Directive on Regulation and supporting policies and guidance, and for information on government-wide regulatory initiatives implemented by departments and agencies across the Government of Canada:

To learn about upcoming or ongoing consultations on proposed federal regulations, visit:

Consultations on potential amendments to Regulations under Part II of the Canada Labour Code: Provision of Menstrual Products in the Workplace

Enabling act(s)

The Canada Occupational Health and Safety Regulations (COHSR), Maritime Occupational Health and Safety Regulations (MOHSR), the Aviation Occupational Health and Safety Regulations (AOHSR), the On Board Trains Occupational Health and Safety Regulations (OTOHSR), and Oil and Gas Occupational Safety and Health Regulations (OGOSHR) under Part II of the Canada Labour Code.

Description

A lack of access to menstrual products in the workplace can create both psychological and physical health risks for employees. The variable and unpredictable nature of menstruation can result in stigma, anxiety, compromised dignity and confidence. The stigma surrounding menstruation affects not only women, but can also be particularly difficult for non-binary and transgender employees. When there is a lack of access to menstrual products, employees can be at increased risk of Toxic Shock Syndrome due to the use of products past their recommended time limit or the use of unsuitable solutions in replacement of menstrual products. These psychological and physical health risks may lead to lost time and lost opportunity at work for menstruating employees.

To address the health risks that can be caused by the lack of access to menstrual products in the workplace, the Labour Program of the Department of Employment and Social Development is consulting on possible changes to regulations under Part II of the Canada Labour Code relating to occupational health and safety, that could potentially require employers to provide free menstrual products in the workplace for use by their respective employees.

Based on the nature of the changes being considered, the following parts of occupational health and safety regulations could be amended under Part II of the Canada Labour Code (Occupational Health and Safety):

  • Canada Occupational Health and Safety Regulations, Part IX (Sanitation)
  • Aviation Occupational Health and Safety Regulations, Part 4 (Sanitation)
  • Maritime Occupational Health and Safety Regulations, Part 4 (Sanitation)
  • On Board Trains Occupational Health and Safety Regulations, Part VI (Sanitation)
  • Oil and Gas Occupational Safety and Health Regulations, Part X (Sanitation)

Potential impacts on Canadians, including businesses

Should the potential regulatory amendments be made, they would apply to all federally regulated sectors. Employers in the federal jurisdiction would be expected to be the most heavily impacted by the proposed regulatory amendments due to the proposed requirement to provide menstrual products to their employees. The “One-for-One” rule and the Small Business Lens may apply.

Canadians working in the federal jurisdiction would be expected to benefit from the availability of menstrual products due to the increased availability of free menstrual products in their workplaces.

Regulatory cooperation efforts (domestic and international)

This regulatory initiative is not part of a formal bilateral agreement.

Consultations

Through the publication of a Notice of Intent in the Canada Gazette on May 4, 2019, the public will have a chance to provide preliminary input on the proposed policy for 60 days.

Targeted consultations with stakeholders will be conducted following the receipt of preliminary feedback.

Should be the proposed amendments be considered further, pre-publication of the proposed regulations in Canada Gazette, Part I, is anticipated for spring 2020. This would provide stakeholders and the public with further opportunity to comment on the proposed regulations.

Further information

When available, consultation documents will be accessible on the Labour Program’s Acts and Regulations webpage.

Departmental contact information

Brenda Baxter
Director General
Workplace Directorate, Labour Program
819-654-4410
brenda.baxter@labour-travail.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

May 2019

Nuclear Exclusion Regulations

Enabling act(s)

Ontario Hydro Nuclear Facilities Exclusion from Part I of the Canada Labour Code Regulations (Industrial Relations), Ontario Hydro Nuclear Facilities Exclusion from Part II of the Canada Labour Code Regulations (Occupational Health and Safety), Ontario Hydro Nuclear Facilities Exclusion from Part III of the Canada Labour Code Regulations (Labour Standards), Ontario Hydro Nuclear Facilities Exclusion Regulations (Use of Tobacco), Uranium Mines (Ontario) Employment Exclusion Order, Point Lepreau, New Brunswick Nuclear Facility Exclusion Regulations (Parts I, II and III of the Canada Labour Code and the Non-Smokers’ Health Act), Saskatchewan Uranium Mines and Mills Exclusion Regulations (Canada Labour Code and Non-Smokers Health Act) under Part II of the Canada Labour Code.

Description

There are 4 main objective of the proposed amendment:

  1. To ensure that the current definition of “nuclear facility” in the Ontario Exclusion Regulations can apply to all organizations who operate nuclear facilities and power generation facilities in Ontario.
  2. Apply the provincial Fire Protection and Prevention Act to those that conduct firefighting activities at nuclear facilities, providing greater clarity surrounding their right to refuse dangerous work.
  3. Combine the current exclusions for Ontario under one exclusion to streamline and clarify language.

Update the remaining exclusion regulations for clarity.

Potential impacts on Canadians, including businesses

There may be potential impacts on Canadians, including businesses. The “One-for-One” rule and/or the Small Business Lens may apply.

Regulatory cooperation efforts (domestic and international)

Regulatory cooperation efforts are not required as the amendments are considered administrative.

Consultations

Consultations with concerned stakeholders were held in summer 2019 and will continue in the fall of 2019.

Further information

When available, informational documents will be accessible on the Labour Program’s Acts and Regulations webpage.

Departmental contact information

Brenda Baxter
Director General
Workplace Directorate, Labour Program
819-654-4410
brenda.baxter@labour-travail.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

August 30, 2019

Amending the Canada Occupational Health and Safety Regulations - Updating Part VII – Levels of Sound

Enabling act(s)

Part VII of the Canada Occupational Health and Safety Regulations, under Part II of the Canada Labour Code.

Description

Part VII of the Canada Occupation Health and Safety Regulations, under Part II of the Canada Labour Code, prescribes the health and safety requirements for employers and employees with respect to the exposure to sound.

The objective of the proposed amendments to Part VII of the Canada Occupation Health and Safety Regulations is to address issues that were identified following a 2018 amendment to a referenced standard and to improve consistency with other provisions within the Canada Occupation Health and Safety Regulations.

The proposed amendments will reflect current best practices on occupational exposure limits and audiometric testing of workers.

The proposed amendments would apply to all federally regulated employers and employees.

Potential impacts on Canadians, including businesses

There may be potential impacts on Canadians, including businesses. The “One-for-One” rule and/or the Small Business Lens may apply.

Regulatory cooperation efforts (domestic and international)

The proposed amendments would harmonize the definition of levels of sound with those in several provincial jurisdictions.

Consultations

Preliminary consultations with targeted external stakeholders took place in May 2019 and August 2019.

Targeted consultations with external stakeholders representing federally regulated employers and employees will continue through Fall 2019.

Pre-publication of the proposed regulations in Canada Gazette, Part I, is planned for 2020. This would provide stakeholders and the public with further opportunity to comment on the proposed regulations.

Further information

Further information may be posted on the Acts and Regulations webpage.

Departmental contact information

Brenda Baxter
Director General
Workplace Directorate, Labour Program
819-654-4410
brenda.baxter@labour-travail.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

August 30, 2019

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