Labour Program forward regulatory plan from 2018 to 2020

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Developing Harassment and Violence Prevention Regulations under the Canada Labour Code

Description of the objective

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 References to the current Part XX will also be repealed from all other Government of Canada’s occupational health and safety regulations.

Identification of business impacts

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

Public consultation opportunities

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 in Part I of the Canada Gazette is expected in spring 2019.

Departmental contact

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

Consequential Regulatory Amendments under the Canada Labour Code – Introducing new compliance and enforcement measures

Description of the objective

The objective of the regulatory changes is to bring into force amendments introduced in the Budget Implementation Act, 2017, 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; and 10) the payment of the Canada Industrial Relations Board’s costs related to adjudication and technical amendments, such as those relating to the service of documents.

Regulation-making powers have been provided in relation to the order to conduct an internal audit report, service of documents, proof of service of documents and the definition of “regular rate of wages” for the attendance of employees summoned to attend an appeal proceeding.

New regulations, in addition to regulatory amendments to occupational health and safety regulations and labour standards regulations, will be required to implement these legislative changes.

Identification of business impacts

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

Public consultation opportunities

Consultation with concerned stakeholders began in winter 2018 and will continue through summer/fall 2018, with a view to proposing regulatory amendments in spring 2019 for pre-publication in Part I of the Canada Gazette.

Departmental contact

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

Amending the Canada Labour Standards Regulations – Protecting interns

Description of the objective

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 Canada Labour 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.

In addition, a regulatory amendment is also needed in Schedule I of the Canada Labour Standards Regulations following a recommendation of the Standing Joint Committee for the Scrutiny of Regulations in order to improve the consistency between the English and French versions.

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

Identification of business impacts

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

Public consultation opportunities

Consultations with concerned stakeholders will be undertaken summer/fall 2018, with a view to proposing regulatory amendments in winter 2019 for pre-publication in Part I of the Canada Gazette.

Departmental contact

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

Amending the Canada Labour Standards Regulations – Promoting flexible work arrangements

Description of the objective

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 promote flexibility in federally regulated workplaces. Legislative changes require regulations before they can be brought into force.

The proposed amendments to the Code will create a right for employees to request a flexible work arrangement as well as other measures to improve flexibility in the workplace, as well as to introduce the following three new unpaid leaves: 1) Family Responsibility Leave; 2) Leave for Victims of Family Violence; and 3) Leave for Traditional Aboriginal Practices. Regulations will be developed in respect of these amendments to define key terms, prescribe additional details and establish record-keeping requirements for employers.

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

Identification of business impacts

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

Public consultation opportunities

Consultations with concerned stakeholders will be undertaken summer/fall 2018, with a view to proposing regulatory amendments in winter 2019 for pre-publication in Part I of the Canada Gazette.

Departmental contact

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

Amending the Employment Equity Regulations – Supporting pay transparency measures

Description of the objective

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.

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

Identification of business impacts

There may be business impacts. The “One-for-One” may apply. 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.

Public consultation opportunities

Consultations with concerned stakeholders were undertaken in late 2017 and will continue through fall 2018, with a view to proposing regulatory amendments in winter 2019 for pre-publication in Part I of the Canada Gazette.

Departmental contact

Gert Zagler
A/Director General
Federal Programs Directorate, Labour Program
819-654-4529
gert.zagler@labour-travail.gc.ca

Amending the Canada Occupational Health and Safety Regulations – Updating the standards on use of safety materials, equipment, devices and clothing

Description of the objective

The objective of the proposed amendments to Part XII of the Canada Occupational Health and Safety Regulations (COHSR) is to 1) update standards on the use of safety materials, equipment, devices and clothing for employees and persons granted access to the work place by referencing the most recent Canadian and international standards to reflect current technologies and safety practices required in the work place; 2) align with requirements in other federal or provincial regulations; and 3) clarify ambiguous regulatory text. Implementing these changes will improve the protection of health and safety for affected employees.

Part XII of the Canada Occupational Health and Safety Regulations (COHSR) under Part II of the Canada Labour Code, prescribes the use of safety materials, equipment, devices and clothing for employees and persons granted access to the work place. The use of these items is prescribed in cases where it is not feasible to eliminate or control a health or safety hazard.

Identification of business impacts

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

Public consultation opportunities

Federally regulated employers and employees were consulted through the Part XII Working Group. These consultations were completed in September 2011. Since February 2009, 15 meetings of the Part XII Working Group were held. In November 2012, the Labour Program finalized a report to summarize the consultation process and outcome.

The proposed regulations were pre-published in Part I of the Canada Gazette on March 18, 2017, followed by a 30-day public comment period which closed on April 17, 2017. It is anticipated that a Notice of Intent will be published in Part I of the Canada Gazette in fall 2018, to inform stakeholders that the publication in Part II of the Canada Gazette is expected in spring 2019.

Departmental contact

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

Amending five Occupational Health and Safety Regulations – Implementing miscellaneous editorial changes and repealing obsolete provisions

Description of the objective

The objective of the proposed amendments is to use a Miscellaneous Amendments Regulations (MARs) package to address a significant number of comments, mostly editorial in nature, made by the Standing Joint Committee for the Scrutiny of Regulations (SJCSR) on the Government of Canada’s regulations related to occupational health and safety (OHS).

These amendments will increase the clarity, accuracy, consistency and enforceability of these regulations by:

  • correcting references to section numbering, typographical or grammatical errors;
  • addressing discrepancies between the English and the French versions;
  • clarifying ambiguous regulatory provisions;
  • improving consistency with other provisions within or among these regulations; and
  • repealing obsolete regulatory provisions.

Amendments would be made to the following regulations:

Identification of business impacts

There are no expected business impacts. The “One-for-One” Rule does not apply to these amendments as there will be no changes in administrative costs to business.

Public consultation opportunities

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 expected for fall 2018.

Departmental contact

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

Amending six Occupational Health and Safety Regulations – Including a Privacy Notice in hazardous occurrence reports

Description of the objective

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 will be made to the following regulations:

Identification of business impacts

There are no expected business impacts.

Public consultation opportunities

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 expected for fall 2018.

Departmental contact

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

Amending the Canadian Forces Employment Equity Regulations – Administrative updates to improve clarity and consistency of the regulations

Description of the objective

The objective of amending the Canadian Forces Employment Equity Regulations is to address a number of issues identified by the Standing Joint Committee for the Scrutiny of Regulations (SJCSR) and the Canadian Forces to ensure that the regulations are relevant to all Reserve Force members, legally sound, clear, up-to-date and consistent.

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

The amendments will address issues identified in the previous Reserve Force definition which excluded up to 60% of Reserve Force members for the purposes of employment equity calculation. This will ensure the unique nature of Reserve services in the Canadian Forces, which endures from enrolment through to release, can be reflected in overall employment equity representation. The amendments will also 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.

In addition, the amendments will ensure clarity of language, replace outdated terms and occupational classifications specific to the Canadian Forces, and improve consistency of the regulations.

Identification of business impacts

There are no expected business impacts.

Public consultation opportunities

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.

It is anticipated these regulatory amendments will be published in Part I of the Canada Gazette in early 2019.

Departmental contact

Gert Zagler
A/Director General
Federal Programs Directorate, Labour Program
819-654-4529
gert.zagler@labour-travail.gc.ca

Amending the Oil and Gas Occupational Safety and Health Regulations – Updating provisions and standards

Description of the objective

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:

The Oil and Gas Occupational Safety and Health Regulations (OGOHSR) apply to employees employed in connection with the exploration or drilling for, or the production, conservation, processing or transportation of, oil or gas in frontier lands, as defined in the Canada Oil and Gas Operations Act.

Identification of business impacts

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

Public consultation opportunities

Consultations with federally regulated employers and employees were completed on June 30, 2017. Pre-publication in Part I of the Canada Gazette is expected for fall 2019.

Departmental contact

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

Amending the Canada Occupational Health and Safety Regulations – Addressing workplace hazardous substances (Thermal stress, nanoparticles and ultraviolet radiation)

Description of the objective

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.

Identification of business impacts

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

Public consultation opportunities

Federally regulated employers and employees were consulted through the Hazardous Substances Working Group. Consultations were completed on May 15, 2014. 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.

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 fall 2019.

Departmental contact

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

Amending the Canada Occupational Health and Safety Regulations – Protecting employees working in confined spaces

Description of the objective

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.

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 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.

Identification of business impacts

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

Public consultation opportunities

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

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 fall 2019.

Departmental contact

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

Amending four Occupational Health and Safety Regulations – Updating references to health and safety standards

Description of the objective

The objective of amending the Government of Canada’s regulations related to occupational health and safety (OHS) is to mitigate the risk of workplace injuries resulting from outdated OHS standards incorporated in regulations. The proposed changes will update all incorporations by reference in these regulations to ensure that they include the most current standards.

Part II of the Canada Labour Code provides authority to incorporate by reference standards in the Government of Canada’ regulations related to occupational health and safety (OHS).

The majority of the references to the standards incorporated in these OHS related regulations are out of date (most of them being over 25 years old). Although most employers voluntarily comply with the latest standards, amending the existing provisions, including updating the National Building Code and the Boiler, Pressure Vessel, and Pressure Piping Code, would ensure enforcement and protection of the health and safety of all employees.

Amendments would be made to the following regulations:

  • Canada Occupational Health and Safety Regulations (COHSR),
  • Aviation Occupational Health and Safety Regulations (AOHSR)
  • On Board Trains Occupational Health and Safety Regulations (OTOHSR)
  • Maritime Occupational Health and Safety Regulations (MOHSR)

The references to the standards in Oil and Gas Occupational Safety and Health Regulations (OGOHSR) will be updated when amending these regulations.

Identification of business impacts

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

Public consultation opportunities

For several years, employer and employee representatives have expressed their concerns regarding outdated references to standards in the Government of Canada’s regulations related to OHS.

In order to accelerate the process, updating references to standards in the COHSR has been selected as a priority and scheduled to be completed in 2019. Updating references to standards in other regulations will follow.

Stakeholder consultations on the proposed amendments to COHSR are planned in 2018. Stakeholders will also have the opportunity to comment on the proposed amendments to COHSR in fall 2019, when the amendments are expected to be pre-published in Part I of the Canada Gazette.

Departmental contact

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

Amending the Wage Earner Protection Program Regulations – Addressing comments from the Standing Joint Committee for the Scrutiny of Regulations

Description of the objective

The objective of the proposed regulatory amendments is to address concerns identified by the Standing Joint Committee for the Scrutiny of Regulations (SJCSR), and to respond to issues raised during the statutory review of the Program, including the scheme for the payment of trustees’ and receivers’ fees and expenses.

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

Identification of business impacts

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

Public consultation opportunities

Consultations with stakeholders will be held through the Wage Earner Protection Program’s Joint Liaison Committee in 2018 and 2019.

Departmental contact

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

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