Labour Program Forward Regulatory Plan: 2023 to 2025

Enabling act

The Employment Equity Act (EEA) provides authority for this proposed regulatory initiative.

Description

The objective of amending the Employment Equity Regulations (EER) is to incorporate the National Occupational Classification (NOC) by reference on an ambulatory basis to ensure the following:

• the regulations will no longer require revision to stay aligned with updates to the NOC;
• remove ambiguity for regulated entities, and
• reduce the chance of employers submitting inconsistent or incorrect data.

The EEA requires employers to report employment equity data annually by occupational groups. The Regulations support this requirement by defining Employment Equity Occupation Groups (EEOGs) and listing 14 EEOGs in Schedule II. The data reported by employers is analyzed using the EEOGs listed in Schedule II, to understand how equity changes across different types of jobs.

The NOC is Canada’s national classification system for describing occupations. It is used by industry for classification purposes and ensures that workforce statistics are collected and assembled in a standard way that will be meaningful to users. Schedule II of the Regulations shows the relationship between industry standard NOC codes and EEOGs.

Under the 2016 NOC, each unit group had a corresponding 4-digit code, although these codes are not explicitly listed in Schedule II.

Every 5 years, the NOC undergoes a structural revision (alternating between minor and major revisions) whereby the framework of the Classification and the existing occupation groups are reviewed. This review is undertaken by Employment and Social Development Canada (ESDC) and Statistics Canada in consultation with affected stakeholders, including federally regulated private-sector organizations. On September 21, 2021, ESDC and Statistics Canada released the 2021 NOC for data collection purposes.

The 2021 revision was a major revision adopting a new 5-digit codification to replace the current 4-digit system. This added precision lets the NOC more accurately reflect the differences among occupations. The new codes will also help the NOC adapt to the changing nature of work in Canada. In addition, the 2021 NOC had expanded from 500 to 516 Unit Groups (that is description of the NOC codes) to capture emerging occupations.

With the above-noted changes to the NOC, Schedule II of the Regulations is now out-of-date. As a result, there is a risk that employers would not use the most current version of the NOC for employment equity reporting purposes. This could lead to inconsistencies in the data submitted by employers. Amendments to the Regulations are required to address this risk and ensure regulated entities are accessing the correct information in support of meeting their reporting obligations.

Given there is an established schedule of major and minor updates for the NOC, Schedule II of the regulations will consistently be out of date every 5 years unless there is a regulatory amendment. By incorporating the NOC by reference on an ambulatory basis, the regulations will no longer require revision to stay aligned with updates to the NOC. This will also remove ambiguity for regulated entities.

Potential impacts on Canadians, including businesses

None. The proposed amendments are administrative in nature, with no change in compliance requirements for the businesses.

Each time the NOC is updated, to reduce the risk of misunderstanding, the Labour Program will be required to maintain its practice of providing detailed information to regulated employers in advance of implementing the new NOC for reporting purposes. This continued practice will support employers in meeting their reporting obligations.

Regulatory cooperation efforts (domestic and international)

Not Applicable.

Consultations

Due to the administrative and consequential nature of the amendments, public consultations on the regulatory proposal may not be required. It is anticipated the regulatory amendments will be published in Canada Gazette, Part II no later than November 22, 2023.

Further information

Consult Acts and Regulations for further information on acts and regulations administered by the Labour Program.

Departmental contact information

Renée Roussel
Director General
Federal Programs Directorate, Labour Program
renee.m.roussel@labour-travail.gc.ca

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

April 1, 2023

Enabling acts

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

Description

The objective of these regulations is to support amendments to Part III of the Code not yet in force. The regulations intend to ensure equal treatment and compensation for employees, including those in precarious work.

The amendments to the Code include the following equal treatment provisions:

• prohibiting differences in rates of wages based on the employment status of employees
• protecting temporary help agency employees from unfair practices, and
• entitling all employees regardless of their employment status, to be informed of employment and/or promotion opportunities

The proposed amendments to Part III to the Code also include authorities to make regulations:

• modifying requirements
• exempting classes of employees, and
• defining terms regarding equal treatment and temporary help agency provisions

Code amendments will come into force on a day determined by order of the Governor in Council.

Potential impacts on Canadians, including businesses

These regulations may incrementally increase 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.

Consultations

The Labour Program held initial regulatory consultations between June and August of 2019 with federally regulated stakeholders, including employer and employee representatives.

To inform the development of the regulations, the Labour Program launched an additional consultation with stakeholders between December 21, 2021, and February 21, 2022. Submissions received during this consultation have been assessed and regulatory development is underway.

The proposed regulations are expected to be pre-published in Part I of the Canada Gazette in fall 2023.

On conclusion of the public comment period, final regulations would be published in Part II of the Canada Gazette in 2024.

Consequential amendments

This initiative will result in consequential amendments to Schedule 2 of the Administrative Monetary Penalties (Canada Labour Code) Regulations.

Further information

Consult Acts and Regulations for further information on acts and regulations administered by the Labour Program.

Departmental contact information

Judith Buchanan
Director General
Workplace Directorate, Labour Program
judith.buchanan@labour-travail.gc.ca

Enabling act(s)

The Canada Labour Code (the Code), the Budget Implementation Act, 2017, No. 2 (Bill C-63), and the Budget Implementation Act 2018, No. 2 (Bill C-86) provide authority for this proposed regulatory initiative.

Description

Bill C-63 and Bill C-86 introduced new hours of work rules to Division I of the Code. The objective of the regulations is to enable flexibility in their implementation.

Amendments to the hours of work rules in Division I of Part III of the Code came into force on September 1, 2019. These amendments include new requirements for employers to provide:

• at least 96 hours’ written notice of work schedules
• at least 24 hours’ written notice of shift changes or additions
• unpaid breaks of at least 30 minutes during every period of 5 consecutive hours of work, and
• rest periods of 8 consecutive hours between work periods or shifts

The Governor in Council may make regulations under authorities provided in Part III of the Code:

• modifying provisions in Division I (Hours of Work) if the application of those sections without modification would be:
  • unduly prejudicial to the interests of certain classes of employees, or
  • seriously detrimental to the operation of the industrial establishment, and
• exempting certain classes of employees from any Division I provision if it cannot reasonably be applied to that class of employee

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.

The legislative 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

No exemptions or modifications to this limited right to refuse overtime are being considered at this time.

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)

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

Consultations

Between May and August of 2019, regulatory consultations were held with federally regulated stakeholders including employer and employee representatives. Additional consultations were held to inform the development of the regulations in February and March of 2020, with further consultations held in the fall of 2020 and winter of 2021. The regulations have been developed in 2 phases:

1. road transportation, postal and courier, marine (pilotage, marine transportation, long shoring), and grain (handling/elevators and milling) sectors:
   • the regulations were pre-published in Part I of the Canada Gazette on December 19, 2020
   • the regulations were published in Part II of the Canada Gazette on September 1, 2021
   • the Exemptions from and Modifications to Hours of Work Provisions Regulations came into force on February 1, 2022
2. air and rail transportation, banking, and telecommunications and broadcasting sectors:
   • the proposed regulations were pre-published in Part I of the Canada Gazette on December 25, 2021, for a 60-day comment period and publication in the Canada Gazette Part II is expected in spring 2023

Consequential amendments

This regulatory initiative may include amendments to Schedule 2 of the Administrative Monetary Penalties (Canada Labour Code) Regulations.

Further information

The What We Heard Report summarizes the views expressed by stakeholders during legislative consultations. Consult Acts and Regulations for further information on acts and regulations administered by the Labour Program, and the Hours of Work webpage.

Departmental contact information

Judith Buchanan
Director General
Workplace Directorate, Labour Program
judith.buchanan@labour-travail.gc.ca

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

April 1, 2020

Enabling acts

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

Description

The objective of these regulations is to support amendments to Part III of the Code, not yet in force, that will update the individual termination of employment provisions to ensure that employees receive sufficient notice and/or compensation when their jobs are terminated.

These amendments to the Code will create a graduated notice of individual termination of employment that will increase based on the employee’s continuous length of service

Potential impacts on Canadians, including businesses

These regulations may incrementally increase 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.

Consultations

The Labour Program held initial regulatory consultations between June and August of 2019 with federally regulated stakeholders, including employer and employee representatives. The Order in Council to bring the individual termination provisions into force is planned for publication in spring 2023, and the provisions will come into force in winter 2024.

Consequential amendments

This initiative will result in consequential amendments to Schedule 2 of the Administrative Monetary Penalties (Canada Labour Code) Regulations.

Further information

Consult Acts and Regulations for further information on acts and regulations administered by the Labour Program.

Departmental contact information

Judith Buchanan
Director General
Workplace Directorate, Labour Program
judith.buchanan@labour-travail.gc.ca

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

April 1, 2020

Enabling act

The Canada Labour Code (the Code) provides authority for this proposed regulatory initiative.

Description

A long-term disability (LTD) plan is a benefit that insures an employee against the possibility of income loss due to a medical event or disability that prevents the employee from working for an extended period of time.

The objective of the proposed amendments to the Canada Labour Standards Regulations is to define circumstances and conditions under which certain employers may provide benefits to their employees under a LTD plan that is not insured. In these cases, the uninsured LTD plan is protected from insolvency to the same extent as a plan insured by a financial institution or licensed insurance provider.

The July 1, 2014, amendments to Part III of the Code require employers to:

• insure LTD plans, and
• ensure that eligible employees continue to receive their LTD benefits, should their employer become insolvent

Potential impacts on Canadians, including businesses

The proposed regulations are not expected to have any compliance and administrative costs. The "one-for-one" rule and/or the small business lens will likely not apply.

Regulatory cooperation efforts (domestic and international)

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

Consultations

To inform the possibility of proposing regulations related to LTD plans, the Labour Program launched a consultation in winter 2022. The proposed regulations are expected to be published in Part I of the Canada Gazette in fall 2023.

On conclusion of the public comment period, final regulations would be published in Part II of the Canada Gazette in 2024.

Consequential amendments

This regulatory initiative will be assessed for consequential amendments to Schedule 2 of the Administrative Monetary Penalties (Canada Labour Code) Regulations.

Further information

Consult Acts and Regulations for further information on acts and regulations administered by the Labour Program.

Departmental contact information

Judith Buchanan
Director General
Workplace Directorate, Labour Program
judith.buchanan@labour-travail.gc.ca

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

April 1, 2021

Enabling acts

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

Description

The objective of the amendments to the Canada Labour Standards Regulations is to support the amendments to Part III of the Code. These amendments are not yet in force and were enacted to:

• ensure fair treatment and compensation for employees, including those in precarious work, and
• enhance employer and employee knowledge of Part III rights and obligations

Under the Code amendments, employers must:

• provide employees with information respecting employer and employee rights and obligations under Part III of the Code, within 30 days of their employment
• reimburse their employees for reasonable work-related expenses subject to certain exceptions and within time limits set out under a collective agreement or other written agreement
• provide each of their employees with a written statement containing information relating to their employment, within the first 30 days of their employment
• ensure the material is readily accessible to employees, and
• provide an up-to-date version of this material to former employees in the event of their termination

The Code provides authority for the Governor in Council to make regulations:

• prescribing the information that must be included in a statement of employment conditions, and
• prescribing factors to consider in determining if an expense is work-related and/or reasonable

The Governor in Council will determine which day the regulatory amendments will come into force.

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.

Consultations

The Labour Program held initial regulatory consultations with federally regulated stakeholders between June and August of 2019, including employer and employee representatives.

The proposed regulations were pre-published in Part I of the Canada Gazette on October 1, 2022. Final regulations are targeted for publication in the Canada Gazette, Part II, in spring2023.

Consequential amendments

This regulatory initiative will result in consequential amendments to Schedule 2 of the Administrative Monetary Penalties (Canada Labour Code) Regulations.

Further information

Consult Acts and Regulations for further information on acts and regulations administered by the Labour Program.

Departmental contact information

Judith Buchanan
Director General
Workplace Directorate, Labour Program
judith.buchanan@labour-travail.gc.ca

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

January 7, 2021

Enabling acts

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

Description

The objective of the amendments to the Canada Labour Standards Regulations is to support the amendments to Part III of the Code. These Code amendments are not yet in force.

The amendments to the Code include the following changes:

• raising the minimum age of employment in hazardous occupations from 17 to 18, and
• expanding the authority to create regulations that specify the occupations in which persons under the age of 18, or any class of persons under that age, may be employed, and fixing the conditions of that employment

The regulatory amendments will come into force on a day to be determined by order of the Governor in Council.

Potential impacts on Canadians, including businesses

These regulations may 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.

Consultations

The Labour Program held initial regulatory consultations with federally regulated stakeholders, between June and August of 2019.

The proposed regulations were pre-published in Part I of the Canada Gazette on July 2, 2022.

Final regulations are expected to be published in Part II of the Canada Gazette in spring 2023.

Consequential amendments

This regulatory initiative will be assessed for consequential amendments to Schedule 2 of the Administrative Monetary Penalties (Canada Labour Code) Regulations.

Further information

Consult Acts and Regulations for further information on acts and regulations administered by the Labour Program.

Departmental contact information

Judith Buchanan
Director General
Workplace Directorate, Labour Program
judith.buchanan@labour-travail.gc.ca

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

January 7, 2021

Enabling act

The Canada Labour Code (the Code) provides authority for this proposed regulatory initiative.

Description

The objective of the proposed regulatory initiative is to address health and safety requirements for:

• levels of sound in the workplace and how to protect employees from noise exposure, and
• personal protective equipment and devices

The proposed amendments for levels of sound will reflect current best practices on noise control and hearing loss prevention programming and aim to facilitate compliance with the regulations by:

• updating the references to outdated standards and making them ambulatory (as amended from time to time)
• clarifying ambiguous regulatory text
• reducing the risk of hearing impairment by updating exposure limits and thresholds, and
• requiring employers to implement a hearing loss prevention program

The proposed amendments regarding PPE would address inconsistencies across the 5 OHS Regulations. The focus for this initiative will be clerical in nature and will include updating references and the correction of inconsistent terminologies, (for example, the use of protective vs. protection equipment).

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), and
• Oil and Gas Occupational Health and Safety Regulations (OGOSHR)

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 to levels of sound would harmonize exposure limits and surveillance measures with those in several provincial jurisdictions.

The proposed amendments for PPE would help the federal government harmonize fall protection equipment across federal, provincial and territorial OHS Regulations.

Consultations

The Labour Program held preliminary consultations with targeted external stakeholders in May 2019, August 2019 and January 2020.

Targeted consultations with external stakeholders representing federally regulated employers and employees were held in the fall of 2020.

Stakeholders will have further opportunity to comment on the proposed regulations when they are pre-published in Part I of the Canada Gazette, anticipated in fall 2023.

On conclusion of the public comment period, final regulations would be published in Part II of the Canada Gazette in 2024.

Consequential amendments

This regulatory initiative will result in consequential amendments to Schedule 1 of the Administrative Monetary Penalties (Canada Labour Code) Regulations.

Further information

Consult Acts and Regulations for further information on acts and regulations administered by the Labour Program.

Departmental contact information

Judith Buchanan
Director General
Workplace Directorate, Labour Program
judith.buchanan@labour-travail.gc.ca

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

August 30, 2019

Enabling act

The Canada Labour Code (the Code) provides authority for this proposed regulatory initiative.

Description

The objective of the proposed amendments is to require federally regulated employers to provide menstrual products, including at minimum tampons and menstrual pads, in workplaces controlled by the employer. Access to menstrual products in the workplace will better protect the physical and psychological health and safety risks for menstruating employees. This will be done by amending the sanitation provisions under the various Occupational Health and Safety Regulations (OHS Regulations) under Part II of the Code.

This approach was developed in multiple phases including:

• convening a roundtable of experts on the subject of the provision of menstrual products in the workplace
• publishing a summary of findings and survey on the Labour Program website outlining the findings of the roundtable of experts and seeking public feedback, and
• conducting consultations with federally regulated stakeholders, to amend all applicable OHS Regulations to require employers to provide menstrual products in their workplace
• additionally, to further advance the Government’s commitment to support gender equity, the Labour Program will review the sanitation provisions in the OHS Regulations to modernize the language to ensure its inclusiveness through an upcoming distinct initiative. In addition, this initiative will propose to accept washrooms that are not specific to sex or gender so they can count towards the requirements for the number of toilets that must be provided in the workplace per number of employees of each sex or gender

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), and
• Oil and Gas Occupational Safety and Health Regulations (OGOSHR)

Potential impacts on Canadians, including businesses

Employers in the federal jurisdiction are expected to be impacted as the proposed regulatory amendments will require employers to provide menstrual products to their employees who menstruate. The "one-for-one" rule will likely not apply. The small business lens will likely apply. Menstruating employees working in the federal jurisdiction are expected to benefit from this initiative with access to menstrual products in their workplaces.

Regulatory cooperation efforts (domestic and international)

Regulatory cooperation efforts will require the cooperation and support of:

• Transport Canada
• Natural Resources Canada
• Indigenous Services Canada and
• the Canada Energy Regulator

Consultations

The Labour Program invited feedback on the proposed policy through a Notice of Intent. A What We Heard Report summarizing 42 submissions was published in December 2020.

The Labour Program convened a roundtable of experts on June 8, 2021. A summary of findings was published on August 3, 2021, as well as a survey on the topic of the provision on menstrual products in federally regulated workplaces was posted and closed on September 7, 2021. Over 700 Canadians completed the survey.

The Labour Program conducted consultations with federally regulated stakeholders in April 2022.

The proposed regulations were pre-published in Part I of the Canada Gazette on October 15, 2022. Final regulations are expected to be published in Part II of the Canada Gazette in spring 2023.

Consequential amendments

Consequential amendments to Schedule 1 of the Administrative Monetary Penalties (Canada Labour Code) Regulations will be made.

Further information

Consult Acts and Regulations for further information on acts and regulations administered by the Labour Program.

Departmental contact information

Judith Buchanan
Director General
Workplace Directorate, Labour Program
judith.buchanan@labour-travail.gc.ca

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

May 2019 (removed in 2019) and now included in March 2021

Enabling act

The Canada Labour Code (the Code) provides authority for this proposed regulatory initiative.

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. A list of information will replace the forms 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:

• Canada Occupational Health and Safety Regulations (COHSR)
• Maritime Occupational Health and Safety Regulations (MOHSR)
• Aviation Occupational Health and Safety Regulations (AOHSR)
• On Board Trains Occupational Health and Safety Regulations (OTOHSR)
• Oil and Gas Occupational Safety and Health Regulations (OGOSHR), and
• Policy Committees, Work Place Committees and Health and Safety Representatives Regulations

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 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.

Publication in Part II of the Canada Gazette is expected in spring 2023 with a coming into force immediately upon coming into force.

This regulatory initiative will result in consequential amendments to Schedule 1 of the Administrative Monetary Penalties (Canada Labour Code) Regulations.

Further information

Consult Acts and Regulations for further information on acts and regulations administered by the Labour Program.

Departmental contact information

Judith Buchanan
Director General
Workplace Directorate, Labour Program
judith.buchanan@labour-travail.gc.ca

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

October 1, 2017

Enabling act

The Canada Labour Code (the Code) provides authority for this proposed regulatory initiative.

Description

The initiative to update the Sanitation Provision of certain Occupational Health and Safety Regulations (OHS Regulations) under Part II of the Canada Labour Code includes 3 primary objectives.

Currently, several OHS Regulations include requirements for the number of toilets that must be provided in the workplace per number of employees of each sex; no reference is made to count toilets that are not specific to sex. The proposed amendments will include the recognition of all toilets and clarity on how to count toilets to meet the requirements, as set out in the sanitation provisions of the OHS Regulations.

The language used in the sanitation provisions of certain OHS Regulations will be modernized, given the increasing awareness of using the term “gender”, rather than “sex” to be more inclusive and remove masculine pronouns when referring to an employer or employee. This is in line with the Government of Canada’s commitment to continue to modernize language.

Standards incorporated by reference within the Sanitation Provisions of the OHS Regulations will be updated to ensure they are current and, in some cases, ambulatory.

Amendments would be made to the following regulations:

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

Potential impacts on Canadians, including businesses

This is an administrative change and should not have an impact on employers’ current requirements. Employers’ may be encouraged to provide toilets that are not specific to sex or gender, as these toilets would now count as being in compliance with facility requirements in the sanitation provisions. A workplace undergoing renovations could now benefit from the proposed changes to recognize all toilets.

Canadians working in the federal jurisdiction would be expected to benefit from the availability of toilets that are not specific to sex or gender. The amendment to recognize all toilets would not add any additional costs to employers while still benefiting employees. There is a need to ensure that transgender, non-binary, gender-diverse and intersex individuals feel safe to use the washroom that best reflects their identity. Additionally, modernizing the language used in the sanitation provisions will ensure greater gender-inclusivity.

Regulatory cooperation efforts (domestic and international)

Regulatory cooperation efforts will require the cooperation and support of:

• Transport Canada
• Natural Resources Canada
• Indigenous Services Canada
• Canada Energy Regulator
• Crown-Indigenous Relations and Northern Affairs Canada
• National Research Council Canada
• Women and Gender Equality Canada

Consultations

Originally, this initiative was included as part of the package to amend Occupational Health and Safety Regulations – Provision of Menstrual Products in the Workplace, however it was decided to proceed with 2 distinct regulatory packages. As such, the objectives of this package were previously discussed as part of the consultations on the Provision of Menstrual Products. Most recently, in April 2022, federally regulated stakeholders expressed their support for this initiative. The Labour Program anticipates additional consultations with federally regulated stakeholders at a later date.

Pre-publication in Part I of the Canada Gazette is expected in 2024.

On conclusion of the public comment period, final regulations would be published in Part II of the Canada Gazette.

Further information

Consult Acts and Regulations for further information on acts and regulations administered by the Labour Program.

Departmental contact information

Judith Buchanan
Director General
Workplace Directorate, Labour Program
judith.buchanan@labour-travail.gc.ca

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

April 1, 2023

Enabling act

The Canada Labour Code (the Code) provides authority for this proposed regulatory initiative.

Description

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

• thermal stress, nanomaterials and non-solar ultraviolet radiation
• updating radon requirement
• clarifying ambiguous regulatory text to reflect best practices
• updating out of date standards, and
• improving consistency and harmonization with other provisions within the OHS Regulations

Amendments would be made to the following regulations:

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

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 (U.S.) has regulations from both state and federal levels, and in general, Canada and the U.S. have similar requirements. The U.S. is finalizing similar requirements for nanoparticles. Canadian and U.S. regulations concerning exposure to ultraviolet radiation reference the same standard. The proposed amendment to maintain records for 30 years would be aligned with the U.S. regulations.

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. The timing for stakeholder consultations is to be determined, given current circumstances related to COVID-19 and pressures being experienced by stakeholders at this time.

Further consultations with the Occupational Health and Safety Advisory Committee took place in June 2022. The proposed amendments and the expanded scope were presented to members and were met with a positive response.

Stakeholders will have the opportunity to comment on the proposed amendments during the comment period following pre-publication in Part I of the Canada Gazette, expected in spring 2023.

On conclusion of the public comment period, final regulations would be published in Part II of the Canada Gazette.

Consequential amendments

This regulatory initiative will result in consequential amendments to Schedule 1 of the Administrative Monetary Penalties (Canada Labour Code) Regulations.

Further information

Consult Acts and Regulations for further information on acts and regulations administered by the Labour Program.

Departmental contact information

Judith Buchanan
Director General
Workplace Directorate, Labour Program
judith.buchanan@labour-travail.gc.ca

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

October 1, 2015

Enabling act

The Canada Labour Code (the Code) provides authority for this proposed regulatory initiative.

Description

There are 4 main objectives of the proposed regulatory initiative:

1. ensure that the current definition of “nuclear facility” in the Ontario Exclusion Regulations is updated and not linked to Ontario Hydro
2. ensure obligations of employees who fight fires at nuclear facilities are clarified specially 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

Amendments would be made to the following regulations:

• 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), and
• Saskatchewan Uranium Mines and Mills Exclusion Regulations (Canada Labour Code and Non-Smokers Health Act)

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 administrative in nature.

Discussions are ongoing with officials from the Canadian Nuclear Safety Commission and the Government of Ontario.

Consultations

The Labour Program held consultations with concerned stakeholders in summer 2019. Stakeholders will be re-engaged prior to publication.

Pre-publication in Part I of the Canada Gazette is expected in fall 2023.

On conclusion of the public comment period, final regulations would be published in Part II of the Canada Gazette in 2024.

Consequential amendments

This regulatory initiative will require consequential amendments to Schedule 1 of the Administrative Monetary Penalties (Canada Labour Code) Regulations.

Further information

Consult Acts and Regulations for further information on acts and regulations administered by the Labour Program.

Departmental contact information

Judith Buchanan
Director General
Workplace Directorate, Labour Program
judith.buchanan@labour-travail.gc.ca

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

August 30, 2019

Enabling act

The Canada Labour Code (the Code) provides authority for this proposed regulatory initiative.

Description

The objective of amending the Oil and Gas Occupational Safety and Health Regulations (OGOSHR) is to update outdated provisions and standards. These include:

• update and align current provisions as needed with the Canada Occupational Health and Safety Regulations (COHSR), Maritime Occupational Health and Safety Regulations (MOHSR) and the Atlantic Offshore Accords and regulations
• update references to the most recent Canadian and international standards, and
• 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 Canada Energy Regulator (CER).

Consultations

The Labour Program conducted consultations with federally regulated employers and employees in 2017.

Many regulatory amendments, which focus on specific sections of this regulation, are currently on-going. These other amendments will harmonize, update and correct multiple provisions, which intersect with the description of this initiative. It was decided to complete the various other projects, before continuing with this regulatory package.

As such, the pre-publication date of the proposed regulations in Part I of the Canada Gazette will be in 2024.

Consequential amendments

This regulatory initiative will be reviewed for consequential amendments to Schedule 1 of the Administrative Monetary Penalties (Canada Labour Code) Regulations.

Further information

Consult Acts and Regulations for further information on acts and regulations administered by the Labour Program.

Departmental contact information

Judith Buchanan
Director General
Workplace Directorate, Labour Program
judith.buchanan@labour-travail.gc.ca

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

October 1, 2015

Enabling act

The Pay Equity Act (PEA) provides authority for this proposed regulatory initiative.

Description

The PEA and enabling regulations came into force on August 31, 2021. The PEA requires federally regulated 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 are required to increase the compensation of affected employees and, then, maintain pay equity.

The objective of the regulations in development is to establish a system of administrative monetary penalties (AMPs) in order to deter non-compliance with the PEA. The AMPs regulations will allow the Pay Equity Commissioner to levy penalties for prescribed violations of the legislation and regulations, as well as orders made by the Commissioner. The regulations would also set requirements for developing and maintaining a pay equity plan when there are no predominantly male job classes in the workplace.

Potential impacts on Canadians, including businesses

The proactive pay equity regime introduced by the PEA applies to 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 potential impacts on businesses. 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

Consultations with federally regulated employers and employees and their representatives, as well as special interest groups took place in spring 2022. The proposed regulations are anticipated to be pre-published in Part I of the Canada Gazette in fall 2023.

On conclusion of the public comment period, final regulations would be published in Part II of the Canada Gazette in 2024.

Further information

Consult Acts and Regulations for further information on acts and regulations administered by the Labour Program.

Departmental contact information

Nicolas Picard
Executive Director (Acting), Workplace and Labour Relations Policy Division
Strategic Policy, Analysis and Workplace Information Directorate, Labour Program
343-463-6320

nicolas.picard@labour-travail.gc.ca

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

April 1, 2021