Labour Program Forward Regulatory Plan: 2022 to 2024

Enabling act(s)

• 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, under Part II of the Canada Labour Code (the Code)

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:

• COHSR
• MOHSR
• AOHSR
• OTOHSR
• 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 anticipated at a later date.

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(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

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 2023.

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) 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 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

April 1, 2021

Enabling act(s)

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

Description

The objective of the amendments to the Canada Labour Standards Regulations (the Regulations) is to modernize certain provisions under Part III of the Code. These provisions relate to the service of documents by allowing for electronic and substitutional service and for more forms of proof of service.

The Regulations will:

• clarify the calculation of wages in situations where employees are required to participate in hearings of the Canada Industrial Relations Board (CIRB) and are normally compensated in ways other than an hourly rate
• establish the manner of service of documents to employers, allowing service to be carried out electronically, and
• allow for a certificate signed by the Minister or Head of Compliance and Enforcement to serve as proof that service has been carried out in cases where the individual or organization cannot be reached

These provisions will include the service of documents such as:

• internal audit orders
• compliance orders
• orders to pay, including notices of unfounded complaints and notices of voluntary compliance
• reviews of payment orders or notices
• notices to furnish information

The Regulations will also outline the calculation of employees’ wages where an employee is normally compensated in a way other than an hourly rate for an appearance before the CIRB. For example, when an employee is paid a commission, haulage, or mileage rate, the Regulations will provide a formula to aid in calculating a rate of wages.

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 consulted with federally regulated stakeholders, including employer and employee representatives in the winter of 2022.

The 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 winter 2023.

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

April 1, 2021

Enabling act(s)

The authority for this regulatory initiative is provided under:

• the Canada Labour Code (the Code), and
• the Budget Implementation Act, 2018, No.2

Description

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

The amendments to the Code include the following termination provisions:

• updating group termination of employment provisions to allow employers to provide:
  • pay in lieu of the required 16-week group termination notice, or
  • a combination of notice and pay in lieu, and
• creating a graduated notice of individual termination of employment that will increase based on the employee’s continuous length of service

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

• exempting employers from the application of group termination of employment provisions, and
• establishing the value of transitional support measures in a group termination of employment, and defining other related terms

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 individual termination provisions will come into force on a date that is yet to be determined.

Regulations related to group termination of employment are expected to be pre-published in Part I of the Canada Gazette. The pre-publication date has yet to be determined.

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(s)

The authority for this regulatory initiative is provided under:

• the Canada Labour Code (the Code), and
• the Budget Implementation Act, 2018, No.2.

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 winter 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(s)

The authority for this regulatory initiative is provided under:

• the Canada Labour Code (the Code), and
• the Budget Implementation Act, 2018, No.2 (Bill C-86)

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 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 winter 2023.

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 act(s)

The authority for this proposed regulatory initiative is provided under:

• 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), under Part II of the Canada Labour Code (the Code)

Description

The proposed regulatory amendments to the AOHSR, COHSR, MOHSR, OGOSHR, and OTOHSR under Part II of the Code address health and safety requirements for hazardous substances in the workplace.

The objective of the proposed amendments 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 with other provisions within the AOHSR, COHSR, MOHSR, OGOSHR, and OTOHSR and Health Canada guidelines

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. Both Canada’s regulations and those of the U.S. rules 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 pre-publication in Part I of the Canada Gazette, expected in winter 2023.

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(s)

• 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), under Part II of the Canada Labour Code (the Code)

Description

The objective of the proposed regulatory amendments to the AOHSR, COHSR, MOHSR, OGOSHR, and OTOHSR under Part II of the Code 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 an 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 wouldaddress 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).

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.

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(s)

Part III of the Canada Labour Code (the Code) provides the authority for this proposed regulatory initiative.

Description

The objectives of the proposed amendments are to modernize and improve the clarity of the Motor Vehicle Operators Hours of Work Regulations. They have remained largely unchanged since coming into force in 1973.

Regulatory authorities provided in Part III of the Code enable the Governor in Council to make regulations:

• 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
• exempting certain classes of employees from any Division I provision if it cannot reasonably be applied to that class of employee
• providing for the calculation of hours worked by employees of any class, and
• calculating and determining wages received by an employee

Following consultations in February 2021, regulatory amendments have been postponed. The scope and timing of possible future regulatory amendments remain under consideration. As the regulatory review proceeded in 2021, the Labour Program, in collaboration with the Canada School of Public Service, the Department of Justice, and the Community of Federal Regulators, translated the regulations into machine-readable code. This “rules as code” project was part of the Digitalization and Technology-Neutral Regulations Roadmap (the Roadmap), stemming from a Budget 2018 announcement for targeted regulatory reviews of regulatory requirements and practices that are bottlenecks to economic growth and innovation. The Roadmap outlined a suite of actions to advance digitalization in the regulatory space and support regulations that avoid prescribing any particular technology that must be used to comply with regulatory measures. It also identified opportunities to simplify the regulatory process to reduce burden and to ensure that regulations do not impede the use of new technologies.

Potential impacts on Canadians, including businesses

These proposed amendments 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 regulatory consultations with employer and employee representatives in the road transportation sector in February 2021 to guide the development of proposed changes.

The pre-publication date in Part I of the Canada Gazette has yet to be determined.

Consequential amendments

Any proposed regulations 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(s)

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

Description

There are 4 main 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. ensure firefighters’ obligations 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

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.

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 2023.

Consequential amendments

This regulatory initiative will be assessed 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

August 30, 2019

Enabling act(s)

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

Description

The objective of amending the OGOSHR is to update outdated provisions and standards to ensure that the regulations contain the most current ones. These include:

• update and align current provisions as needed with the Canada Occupational Health and Safety Regulations (COHSR), 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.

The pre-publication date of the proposed regulations in Part I of the Canada Gazette is planned in 2023.

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(s)

• 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), under Part II of the Canada Labour Code (the Code)

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

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.

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(s)

The Administrative Monetary Penalties (Canada Labour Code) Regulations are made pursuant to Part IV of the Canada Labour Code (the Code).

Description

The objectives of regulatory amendments to the Administrative Monetary Penalties (Canada Labour Code) Regulations (the AMPs Regulations) include:  

• ensuring new legislative and regulatory requirements are enforceable under Part IV of the Canada Labour Code, and
• ensuring consistent application of the AMPs Regulations’ designation and classification methodology.

While the authority to impose an AMP is in Part IV of the Code, consequential regulatory adjustments are required to designate new or amended obligations in the AMPs Regulations schedules.

There are no identifiable new costs to Canadian businesses or impacts on trade or investment that could result from the proposed consequential amendments to the AMPs Regulations.

The regulatory amendments will ensure a consistent administrative monetary penalties system is maintained.

These changes will benefit Canadian workers by promoting employer compliance with all obligations in the Code and its associated regulations, and allowing for their enforcement under Part IV of the Code.

Regulatory cooperation efforts (domestic and international)

N/A

Consultations

Due to the administrative and consequential nature of the amendments, public consultations on the regulatory proposal may not be required.

The proposed regulations will be pre-published in Part I of the Canada Gazette on a date that has yet to be determined.

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, 2022

Enabling act(s)

Pay Equity Act (PEA)

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 2023.

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

Enabling act(s)

The authority for this proposed initiative is provided under:

• 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)

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