Forward Regulatory Plan: 2020 to 2022

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. Regulations under Part IV of the Canada Labour Code – Administrative Monetary Penalties Regulations
  2. Consequential Amendments to the Canada Labour Standards Regulations – Modernizing Federal Labour Standards
  3. Amending the Canada Occupational Health and Safety Regulations – Addressing Workplace Hazardous Substances (Thermal Stress, Nanoparticles and Ultraviolet Radiation)
  4. Amending the Canada Occupational Health and Safety Regulations – Protecting Employees Working in Confined Spaces
  5. Amending the Canada Occupational Health and Safety Regulations – Updating Part VII – Levels of Sound
  6. Amending the Canadian Forces Employment Equity Regulations – Administrative Updates to Improve Clarity and Consistency of the Regulations
  7. Amending the Employment Equity Regulations – Supporting Pay Transparency Measures
  8. Exemptions and/or Modification Regulations Regarding New Hours of Work Provisions under the Canada Labour Code – Modernizing Federal Labour Standards
  9. Fair Treatment and Compensation of Employees under the Canada Labour Code – Modernizing Federal Labour Standards
  10. Developing Harassment and Violence Prevention Regulations under the Canada Labour Code
  11. Amending the Nuclear Exclusion Regulations
  12. Amending Four Occupational Health and Safety Regulations – Addressing Outstanding Comments from the Standing Joint Committee for the Scrutiny of Regulations (SJCSR)
  13. Amending Six Occupational Health and Safety Regulations – Reporting Requirements and Comments from the Standing Joint Committee for the Scrutiny of Regulations (SJCSR)
  14. Amending the Oil and Gas Occupational Safety and Health Regulations – Updating Provisions and Standards
  15. Developing Pay Equity Regulations under the Pay Equity Act
  16. Standards for Work-Integrated Learning Activities Regulations
  17. Amending Wage Earner Protection Program Regulations to implement Budget 2018 amendments to the Wage Earner Protection Program Act (WEPPA)

Regulations under Part IV of the Canada Labour Code – Administrative Monetary Penalties Regulations

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 regulations is to implement a new administrative penalty regime, introduced to the Canada Labour Code (the Code) in the Budget Implementation Act, 2017, No. 1. It received Royal Assent on June 22, 2017. The new Part IV to the Code will promote compliance with occupational health and safety and labour standards requirements. In addition, Part IV will authorize the publication of names of employers that have committed a violation.

Regulations will:

  • designate violations and determine associated penalties (not exceeding $250,000)
  • provide methods of payment, the manner and grounds to request reviews of notices of violation, and
  • provide additional information to be published regarding the violation

Regulations will provide the manner and proof of 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 regulations are intended to improve compliance with federal labour legislation through enhanced enforcement tools. Consequently, it intends to provide better working conditions for Canadians working in federally regulated workplaces.

It is expected that small businesses will not 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

The first phase of consultations were completed in fall 2017. The second phase of consultations began in December 2018 and concluded in February 2019. Draft regulations were pre-published in Canada Gazette, Part I, in the summer of 2019. Publication in Canada Gazette, Part II, is expected for the fall of 2020. Coming into force is anticipated for the winter of 2021.

Note:

Given current circumstances related to COVID-19, there is uncertainty regarding publication and coming into force dates. The 2020 to 2022 Forward Regulatory Plan will be re-issued when operations return to normal.

Further information

Further information may be posted 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

Consequential Amendments to the Canada Labour Standards Regulations – Modernizing Federal Labour Standards

Enabling act(s)

The authority for this proposed regulatory initiative is provided under:

Description

The objective of the technical and consequential amendments to the Canada Labour Standards Regulations (Regulations) is to align them with changes to the Canada Labour Code (the Code) in:

Legislative changes, which came into force on September 1, 2019, include:

  • a new requirement for employers to provide 96 hours’ notice of schedules
  • 24 hours’ notice of shift changes
  • 30-minute breaks for every 5-hour period of work
  • an 8-hour rest period between shifts, and
  • medical and nursing breaks

The Code was further amended to:

  • reduce or eliminate length of service requirements for most leaves
  • add a fourth week of annual vacation for employees with 10 years of service
  • add a new leave for court or jury duty
  • expand medical leave to include medical appointments and organ or tissue donation, and
  • expand reservist leave provisions

Amendments to the Regulations in support of some of the legislative changes came into force on September 1, 2019. Additional regulatory amendments are required to:

  • establish record-keeping requirements necessary to enable implementation and enforcement of the Code amendments
  • define terms including “military skills training” for the purpose of the amended Leave of Absence for Members of the Reserve Force, and
  • make any technical amendments to align the Regulations with Code amendments

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 is a low impact on business as employers are already required to keep similar records for other provisions. The “One-for-one” Rule applies since there is an incremental increase in administrative burden on business and the proposed 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 with employer and employee representatives began in summer 2019 and will continue in 2020.

The regulations are expected to be pre-published in Part I of the Canada Gazette for the fall of 2020 for public comment.

Note:

Given current circumstances related to COVID-19, there is uncertainty regarding publication and coming into force dates. The 2020 to 2022 Forward Regulatory Plan will be re-issued when operations return to normal.

Further information

Further information may be posted 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 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 under Part II of the Canada Labour Code.

Description

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.

The objective of the proposed amendments is to improve the protection of health and safety for federally regulated employees by updating the exposure limits and regulatory requirements. These amendments are adding new requirements related to:

  • thermal stress
  • nanoparticles and ultraviolet radiation
  • clarifying ambiguous regulatory text to reflect best practices, and
  • improving consistency with other provisions within the COHSR and guidelines of Health Canada

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. 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 Part I of the Canada Gazette, expected for the fall of 2020.

Note:

Given current circumstances related to COVID-19, there is uncertainty regarding publication and coming into force dates. The 2020 to 2022 Forward Regulatory Plan will be re-issued when operations return to normal.

Further information

Further information may be posted 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 under Part II of the Canada Labour Code.

Description

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.

The objective of the proposed amendments is to address a number of issues identified in a review of the current confined space regulatory provisions with key federal employers and employee stakeholders. These issues include:

The proposed amendments would apply to all federally regulated employers and employees, except for employees in the oil and gas sector and those employed on:

  • board ships
  • aircrafts, and
  • trains

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 employer’s responsibility towards employees and persons granted access

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.

Consultations

Since November 2015, 5 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 during pre-publication in Part I of the Canada Gazette, expected for the summer of 2020.

Note:

Given current circumstances related to COVID-19, there is uncertainty regarding publication and coming into force dates. The 2020 to 2022 Forward Regulatory Plan will be re-issued when operations return to normal.

Further information

Further information may be posted 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 – 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 Occupational 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 objectives of the proposed amendments aim to facilitate compliance with the regulations by:

  • amending the reference to an outdated standard
  • clarifying ambiguous regulatory text
  • simplifying the language and providing a more basic duration unit
  • reducing the risk of hearing impairment by updating exposure limits and thresholds, and,
  • adopting surveillance measures consistent with scientific knowledge

The proposed amendments will reflect current best practices on noise control and hearing loss prevention programming.

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 exposure limits and surveillance measures with those in several provincial jurisdictions.

Consultations

Preliminary consultations with targeted external stakeholders took place in May 2019, August 2019 and January 2020.

Targeted consultations with external stakeholders representing federally regulated employers and employees will continue in 2020.

Stakeholders will have further opportunity to comment when the proposed regulations are pre-published in Part I of the Canada Gazette. The date of which has yet to be determined.

Note:

Given current circumstances related to COVID-19, there is uncertainty regarding publication and coming into force dates. The 2020 to 2022 Forward Regulatory Plan will be re-issued when operations return to normal.

Further information

Further information may be posted 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 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 (1995).

Description

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

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, and
  • 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

The Canadian Forces consulted representatives of Canadian Forces groups and other implicated internal stakeholders throughout 2013 and 2014 on the proposed regulatory amendments. Stakeholders 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.

Publication of the proposed regulations in Part II of the Canada Gazette is expected for the spring of 2021.

Note:

Given current circumstances related to COVID-19, there is uncertainty regarding publication and coming into force dates. The 2020 to 2022 Forward Regulatory Plan will be re-issued when operations return to normal.

Further information

Further information may be posted on the Labour Program’s Acts and Regulations webpage.

Departmental contact information

Judith Buchanan
Senior Director
Federal Programs, Labour Program
819-654-4362
judith.buchanan@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 (1995).

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. The regulations were published in Canada Gazette, Part I, in August 2019.

Final publication of the proposed regulations in Part II of the Canada Gazette is expected for the fall of 2020.

Note:

Given current circumstances related to COVID-19, there is uncertainty regarding publication and coming into force dates. The 2020 to 2022 Forward Regulatory Plan will be re-issued when operations return to normal.

Further information

Further information may be posted on the Labour Program’s Acts and Regulations webpage.

Departmental contact information

Judith Buchanan
Senior Director
Federal Programs, Labour Program
819-654-4362
judith.buchanan@labour-travail.gc.ca

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

April 1, 2016

Exemptions and/or Modification Regulations Regarding New Hours of Work Provisions under the Canada Labour Code – 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 new hours of work regulations is to exempt/modify regulations to enable flexibility in the implementation of hours of work rules in Division I of the Canada Labour Code (The Code) introduced in the Budget Implementation Act, 2017, No. 2, and the Budget Implementation Act, 2018, No.2.

Amendments to hours of work rules in the Code came into force on September 1, 2019. These amendments include:

  • a new requirement for employers to provide 96 hours’ notice of schedules
  • 24 hours’ notice of shift changes
  • 30-minute breaks within every 5 consecutive hours of work, and
  • 8-hour rest periods between shifts

The amendments also introduced a new limited right for employees to refuse overtime work for responsibilities including the health or care of a family member or the education of a family member who is under 18 years of age.

In addition, the amendments include new regulatory authorities to create exemptions and/or modifications for certain classes of employees from hours of work rules. Exemptions will be implemented where provisions cannot reasonably be applied to those classes. Modifications will be implemented where they are unduly prejudicial to the interests of employees or seriously detrimental to the operation of the industrial establishment. Further to feedback from stakeholders in continuous, 24/7 operations, it will be necessary in limited circumstances to either modify or exempt certain classes from the new hours of work rules.

Potential impacts on Canadians, including businesses

These regulations are expected to have incremental costs for businesses. However, as these amendments consist of modifications or exemptions to existing legislative requirements, they will be of minimal impact. 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

Regulatory consultations were held between May and August of 2019 with federally regulated stakeholders including employer and employee representatives. Additional consultations were held in February and March of 2020, to inform the development of the regulations. The regulations will be developed in 2 phases:

  1. Marine shipping, longshoring and marine pilotage sectors, the road transportation sector and the grain-handling sector
    • these regulations are expected to be pre-published in Part I of the Canada Gazette, for the fall of 2020 for public comment
  2. Other federally regulated sectors including air transportation, broadcasting and communications, and rail transportation
    • these regulations are expected to be pre-published in Part I of the Canada Gazette, the date of which has yet to be determined

Note:

Given current circumstances related to COVID-19, there is uncertainty regarding publication and coming into force dates. The 2020 to 2022 Forward Regulatory Plan will be re-issued when operations return to normal.

Further information

The What we Heard Report summarises views expressed from stakeholders during consultations. Further information may be posted 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, 2020

Fair Treatment and Compensation of Employees under the Canada Labour Code – Modernizing Federal Labour Standards

Enabling act(s)

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

Description

The objective of these regulations are to support amendments to Part III of the Code not yet in force. They were enacted in the BIA to ensure fair treatment and compensation for employees in precarious work. The regulations also ensure employees receive sufficient notice and/or compensation when their jobs are terminated.

The amendments to the Code include the following changes:

  • raising the minimum age for work in hazardous occupations from 17 to 18 years of age
  • prohibiting differences in rates of wages based on the employment status of employees
  • prohibiting employers from treating an employee as if they were not their employee in order to avoid their obligations or to deprive the employee of their rights
  • protecting temporary help agency employees from unfair practices
  • allowing an employee to seek reimbursement of work-related expenses
  • requiring employers to provide their employees with information about labour standards requirements and their conditions of employment
  • entitling all employees regardless of their employment status, to be informed of employment or promotion opportunities
  • updating individual and group termination provisions

Code amendments include authorities to make regulations exempting:

  • any class of employees from the application of any of the new Temporary Help Agency provisions or modifying the provisions for the purpose of their application to any class of employees, and
  • any class of employees from the application of certain Equal Treatment provisions or modifying the provisions for the purpose of their application to any class of employees

Additional regulatory authorities are included to exempt employers from the application of Group Termination provisions in certain circumstances.

The regulatory amendments to the Canada Labour Standards Regulations (CLSR) will likely be divided into separate regulatory proposals. They will be accompanied by one or more Orders in Council to bring into force the relevant legislative amendments.

Potential impacts on Canadians, including businesses

These regulations are expected to have incremental compliance and administrative costs. 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.

Changes to the CLSR are needed to implement and bring into force changes to the Code.

Consultations

Initial regulatory consultations were held between June and August of 2019 with federally regulated stakeholders, including employer and employee representatives. It is anticipated that additional consultations will continue in 2020 to 2021 to inform the development of the regulations. The regulations are expected to be pre-published in Part I of the Canada Gazette, the date of which has yet to be determined.

Note:

Given current circumstances related to COVID-19, there is uncertainty regarding publication and coming into force dates. The 2020 to 2022 Forward Regulatory Plan will be re-issued when operations return to normal.

Further information

Further information may be posted 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, 2020

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. It will create 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 to:

  • prevent and protect employees against these behaviours
  • respond when they occur, and
  • offer support to employees affected by them

The new regulations will require repealing Part XX of 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 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. 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. They 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 following requirements also align with the International Labour Organization’s (ILO) Convention Concerning the Elimination of Violence and Harassment in the World of Work, which was adopted at the 108th Session of the International Labour Conference (ILC) in June 2019:

  • workplace harassment and violence prevention policies
  • workplace assessments, and
  • the development of tools, education and training

Article 9 (a), (c) and (d) of the Convention calls for each Member State to adopt laws and regulations that require employers to:

  • implement a workplace policy on harassment and violence
  • identify hazards and assess the risks of violence and harassment
  • take measures to prevent and control them, and
  • provide 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.

The proposed regulations were pre-published in Canada Gazette, Part I, in the spring of 2019.

Publication in Part II of the Canada Gazette is expected for the summer of 2020, with coming into force anticipated for the winter of 2021.

Note:

Given current circumstances related to COVID-19, there is uncertainty regarding publication and coming into force dates. The 2020 to 2022 Forward Regulatory Plan will be re-issued when operations return to normal.

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. The results indicated that 52% of Canadian women say they have been subject to sexual harassment in the workplace.

Further information may be posted 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 the Nuclear Exclusion Regulations

Enabling act(s)

Description

There are 4 main objectives of the proposed amendments:

  1. 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
  4. 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)

Data sharing is taking place with Ontario, New Brunswick and Saskatchewan to best align regulatory amendments with relevant provincial regulations. The proposed amendments are considered administrative in nature.

Consultations

Consultations with concerned stakeholders were held in summer 2019.

Publication in Part I of the Canada Gazette is expected for the fall of 2020.

Note:

Given current circumstances related to COVID-19, there is uncertainty regarding publication and coming into force dates. The 2020 to 2022 Forward Regulatory Plan will be re-issued when operations return to normal.

Further information

Further information may be posted 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 Four Occupational Health and Safety Regulations – Addressing Outstanding Comments from the Standing Joint Committee for the Scrutiny of Regulations (SJCSR)

Enabling act(s)

Description

The main objective of the proposed amendments is to address a number of administrative issues in various OHS regulations identified by the Standing Joint Committee for the Scrutiny of Regulations (SJCSR) and Transport Canada. These amendments will:

  • correct grammatical errors and discrepancies between the English and the French versions
  • add clarity or ensure enforceability of regulatory provisions
  • improve consistency or harmonize terms with other provisions within or among the regulations, and
  • repeal obsolete or unnecessary regulatory provisions

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 nor have any practical impact on businesses.

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

Note:

Given current circumstances related to COVID-19, there is uncertainty regarding publication and coming into force dates. The 2020 to 2022 Forward Regulatory Plan will be re-issued when operations return to normal.

Further information

Further information may be posted 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, 2020

Amending Six Occupational Health and Safety Regulations – Reporting Requirements and Comments from the Standing Joint Committee for the Scrutiny of Regulations (SJCSR)

Enabling act(s)

Description

The main objective of the proposed amendments is to modernize the reporting requirements by replacing the forms currently included in schedules of the OHS regulations. The forms will be replaced with a list of information that employers must provide to the Labour Program.

Electronic forms for the following reports will be made available online to facilitate submission of required information by employers:

  • Hazardous Occurrence Investigation Report (HOIR)
  • Employer’s Annual Hazardous Occurrence Report (EAHOR), and
  • Annual Report on Work Place Committee Activities

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 the 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

Due to the administrative nature of the amendments, public consultations on the regulatory proposal are not required. The proposed amendments will not change the intent of the regulations nor have any practical impact on businesses.

The regulations are expected to be published in Part II of the Canada Gazette, the date of which has yet to be determined.

Note:

Given current circumstances related to COVID-19, there is uncertainty regarding publication and coming into force dates. The 2020 to 2022 Forward Regulatory Plan will be re-issued when operations return to normal.

Further information

Further information may be posted 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, 2017

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

Enabling act(s)

The Oil and Gas Occupational Safety and Health Regulations under Part II of the Canada Labour Code.

Description

The objective of amending the Oil and Gas Occupational Safety and Health Regulations (OGOSHR) is to update outdated provisions and standards to ensure that the regulations contain the most current ones. These include:

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 Canada Energy Regulator (CER).

Consultations

Consultations with federally regulated employers and employees were conducted in 2017. Pre-publication of the proposed regulations in Part I of the Canada Gazette is expected for the winter of 2021.

Note:

Given current circumstances related to COVID-19, there is uncertainty regarding publication and coming into force dates. The 2020 to 2022 Forward Regulatory Plan will be re-issued when operations return to normal.

Further information

Further information may be posted 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

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. It will apply to employers and 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

The PEA was introduced in Parliament as part of Bill C-86, Budget Implementation Act, 2018, No. 2, on October 29, 2018. It 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. This will 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 time limits for certain applications and notices to the Pay Equity Commissioner
  • 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 predetermined values of work
  • how an employer or a pay equity committee are to proceed 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 were 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, expected for late fall 2020/winter 2021.

Note:

Given current circumstances related to COVID-19, there is uncertainty regarding publication and coming into force dates. The 2020 to 2022 Forward Regulatory Plan will be re-issued when operations return to normal.

Further information

Further information may be posted 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

Standards for Work-Integrated Learning Activities Regulations

Enabling act(s)

The authority for this proposed regulatory initiative is provided under the following, as amended by Budget Implementation Act, 2017, No. 2:

Description

Part VII of the Canada Occupational 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 Standards for Work-Integrated Learning Activities Regulations is to implement legislative changes to the Canada Labour Code (the Code). The changes were introduced in the Economic Action Plan, 2015, No. 1, as amended by Budget Implementation Act, 2017, No. 2. They received Royal Assent on December 14, 2017. The legislative changes will limit unpaid internships in federally regulated workplaces and require supporting 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 within federally regulated workplaces. Individuals undertaking an internship will be covered by Part III as though they were employees, unless the internship is to fulfill the requirements of an educational program. The regulations will:

  • establish the labour standards protections that will apply to student interns
  • define the educational institutions that are included, and
  • clarify other administrative issues, such as an employer’s relevant record-keeping responsibilities

Potential impacts on Canadians, including businesses

Canadians enrolled in educational programs and undertaking internships with federally regulated employers will benefit from the coverage of certain labour standard protections. It is expected that small businesses will not be disproportionately affected by these regulations. The “One-for-One” Rule applies since there is an incremental increase in administrative burden on business. 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

Regulatory 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

The proposed regulations were pre-published in the Canada Gazette, Part I on June 8, 2019 for a 30-day comment period. It is anticipated that the final regulations will be published in Part II of the Canada Gazette in the summer of 2020, with coming into force planned for late summer 2020.

Note:

Given current circumstances related to COVID-19, there is uncertainty regarding publication and coming into force dates. The 2020 to 2022 Forward Regulatory Plan will be re-issued when operations return to normal.

Further information

Further information may be posted 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 Wage Earner Protection Program (WEPP) regulatory amendments include:

  • enabling more timely access to the WEPP when an employer engages in a liquidating restructuring proceeding to wind up its business
  • extending WEPP coverage to individuals employed by foreign companies operating in Canada if their employer enters bankruptcy or becomes subject to receivership in a foreign jurisdiction
  • improving employee access to the WEPP for low-asset insolvencies, and
  • addressing issues identified by the Standing Joint Committee for the Scrutiny of Regulations (SJCSR)

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 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, and
  • allowing for more timely payments to workers in certain insolvency situations

These changes will benefit Canadian workers by enabling a greater number to receive payments for eligible wages owed, and earlier payment of such wages in certain situations.

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 took place in May and June 2019. Draft regulations are expected to be pre-published in Part I of the Canada Gazette for the fall of 2020.

Note:

Given current circumstances related to COVID-19, there is uncertainty regarding publication and coming into force dates. The 2020 to 2022 Forward Regulatory Plan will be re-issued when operations return to normal.

Further information

Further information may be posted 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

For more information

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

  • a list of acts and regulations administered by the Labour Program, and
  • 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:

Report a problem or mistake on this page
Please select all that apply:

Thank you for your help!

You will not receive a reply. For enquiries, contact us.

Date modified: