Labour Program Forward Regulatory Plan: 2020 to 2022

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

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

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

Regulatory initiatives

Consequential Amendments to the Canada Labour Standards Regulations – Modernizing Federal Labour Standards
Amending the Canada Occupational Health and Safety Regulations – Addressing Workplace Hazardous Substances (Thermal Stress, Nanoparticles and Ultraviolet Radiation)
Amending the Canada Occupational Health and Safety Regulations – Protecting Employees Working in Confined Spaces
Amending the Canada Occupational Health and Safety Regulations – Updating Part VII – Levels of Sound
Amending the Canadian Forces Employment Equity Regulations – Administrative Updates to Improve Clarity and Consistency of the Regulations
Exemptions and/or Modification Regulations Regarding New Hours of Work Provisions under the Canada Labour Code – Modernizing Federal Labour Standards
Amending the Canada Labour Standards Regulations – Fair Treatment, Temporary Help Agencies and Termination of Employees under the Canada Labour Code – Modernizing Federal Labour Standards
Amending the Canada Labour Standards Regulations – Changing the Minimum Age of Employment in Hazardous Occupations – Modernizing Federal Labour Standards
Amending the Canada Labour Standards Regulations in Support of the Reimbursement of Work-related Expenses and the Statement of Employment Conditions – Modernizing Federal Labour Standards
Amending the Motor Vehicle Operators Hours of Work Regulations
Miscellaneous Amendments Regulations Related to the New Head of Compliance and Enforcement under the Canada Labour Code
Amending the Nuclear Exclusion Regulations
Amending Four Occupational Health and Safety Regulations – Addressing Outstanding Comments from the Standing Joint Committee for the Scrutiny of Regulations (SJCSR)
Amending Six Occupational Health and Safety Regulations – Reporting Requirements and Comments from the Standing Joint Committee for the Scrutiny of Regulations (SJCSR)
Amending the Oil and Gas Occupational Safety and Health Regulations – Updating Provisions and Standards
Developing Pay Equity Regulations under the Pay Equity Act
Amending Wage Earner Protection Program Regulations to implement Budget 2018 amendments to the Wage Earner Protection Program Act (WEPPA)

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

Enabling act(s)

The authority for this proposed regulatory initiative is provided under:

Description

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

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

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

The Code was further amended to:

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

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

establish record-keeping requirements necessary to enable implementation and enforcement of the Code amendments, and
make any technical amendments to align the Regulations with Code amendments

Potential impacts on Canadians, including businesses

These regulations are expected to benefit Canadian workers in the federal jurisdiction by strengthening their labour standards protections.

There is a low impact on business as employers are already required to keep similar records for other provisions. The “One-for-one” Rule applies since there is an incremental increase in administrative burden on business and the proposed amendments are considered an “IN” under the Rule.

Regulatory cooperation efforts (domestic and international)

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

Consultations

Regulatory consultations with federally regulated stakeholders, including employer and employee representatives, were held between June and August 2019.

The regulations are expected to be pre-published in Part I of the Canada Gazette for the winter of 2021.

Further information

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

Departmental contact information

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

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

April 1, 2019.

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

Enabling act(s)

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

Description

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

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

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

Potential impacts on Canadians, including businesses

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

Regulatory cooperation efforts (domestic and international)

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

Consultations

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

Stakeholders will have the opportunity to comment on the proposed amendments during pre-publication in Part I of the Canada Gazette, expected for the spring of 2021.

Further information

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

Departmental contact information

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

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

October 1, 2015.

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

Enabling act(s)

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

Description

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

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

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 Canada Occupational Health and Safety Regulations, the Canada Labour Code, and provincial laws

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

board ships
aircrafts, and
trains

The proposed changes aim to clarify the definition of a confined space to:

focus on its physical characteristics
strengthen regulatory provisions surrounding work in a confined space, and
clarify the employer’s responsibility towards employees and persons granted access

Potential impacts on Canadians, including businesses

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

Regulatory cooperation efforts (domestic and international)

The proposed amendments would harmonize the definition of a confined space in several provincial jurisdictions.

Consultations

Since November 2015, 5 meetings were held to discuss the proposed amendments. Consultations with federally regulated employers and employees were completed on January 17, 2017.

Stakeholders provided their comments on proposed amendments following pre-publication in Part I of the Canada Gazette in August 2020. Publication in Part II of the Canada Gazette is expected for the winter of 2021. Coming into force is anticipated upon registration of the regulations.

Further information

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

Departmental contact information

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

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

October 1, 2015.

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

Enabling act(s)

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

Description

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

The objectives of the proposed amendments aim to facilitate compliance with the regulations by:

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

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

Potential impacts on Canadians, including businesses

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

Regulatory cooperation efforts (domestic and international)

The proposed amendments would harmonize the exposure limits and surveillance measures with those in several provincial jurisdictions.

Consultations

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

Targeted consultations with external stakeholders representing federally regulated employers and employees 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 for the spring of 2021.

Further information

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

Departmental contact information

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

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

August 30, 2019.

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

Enabling act(s)

The Canadian Forces Employment Equity Regulations (2002) are made pursuant to the Employment Equity Act (1995).

Description

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

The amendments will ensure that the Reserve Force definition now includes 100% of Reserve Force members for the purposes of employment equity calculation. The amendments will minimize legal and compliance risk by reducing ambiguity with respect to the handling of Classified/Protected information by:

the Canadian Human Rights Commission, and
the Employment Equity Review Tribunal and their officers or agents

Potential impacts on Canadians, including businesses

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

Regulatory cooperation efforts (domestic and international)

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

Consultations

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

Publication of the proposed regulations in Part II of the Canada Gazette is expected for the spring of 2021 with a coming into force anticipated at a later date.

Further information

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

Departmental contact information

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

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

April 1, 2013.

Exemptions and/or Modification Regulations Regarding New Hours of Work Provisions under the Canada Labour Code – Modernizing Federal Labour Standards

Enabling act(s)

The authority for this proposed regulatory initiative is provided under:

Description

The objective of the new hours of work regulations is to enable flexibility in the implementation of new hours of work rules in Division I of the Canada Labour Code (The Code) introduced in the Budget Implementation Act, 2017, No. 2, and the Budget Implementation Act, 2018, No.2.

Amendments to 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:

96 hours’ written notice of schedules
24 hours’ written notice of shift changes or additions
30-minute breaks during every 5 consecutive hours of work, and
8-hour rest periods between shifts or work periods

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

The amendments also introduced a new limited right for employees to refuse overtime work for responsibilities including:

the health or care of a family member, or
the education of a family member who is under 18 years of age

Potential impacts on Canadians, including businesses

These regulations are expected to have incremental costs for businesses. However, as these amendments consist of modifications or exemptions to existing legislative requirements, they will be of minimal impact. The "One-for-One" Rule and/or the small business lens may apply.

Regulatory cooperation efforts (domestic and international)

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

Consultations

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

Marine shipping, longshoring and marine pilotage sectors, the road transportation sector grain-milling and handling sector:
- these regulations are expected to be pre-published in Part I of the Canada Gazette by the winter of 2021. Publication in Part II of the Canada Gazette is expected for the summer of 2021
Broadcasting and telecommunications sectors, the rail and air transportation sectors, and the banking sector:
- these regulations are expected to be pre-published in Part I of the Canada Gazette, the date of which has yet to be determined

Further information

The What we Heard Report summarizes views expressed by stakeholders during legislative consultations. Further information may be posted on the Labour Program’s Acts and Regulations webpage.

Departmental contact information

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

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

April 1, 2020.

Amending the Canada Labour Standards Regulations – Fair Treatment, Temporary Help Agencies and Termination of Employees under the Canada Labour Code – Modernizing Federal Labour Standards

Enabling act(s)

The authority for this proposed regulatory initiative is provided under:

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

Description

The objective of these regulations are to support amendments to Part III of the Code not yet in force. They were enacted in the BIA to ensure fair treatment and compensation for employees in precarious work. The 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
entitling all employees regardless of their employment status, to be informed of employment or promotion opportunities, and
updating individual and group termination provisions

Code amendments include authorities to make regulations exempting:

any class of employees from the application of any of the new temporary help agency provisions or modifying the provisions for the purpose of their application to any class of employees
any class of employees from the application of certain equal treatment provisions or modifying the provisions for the purpose of their application to any class of employees, and
employers from the application of group termination provisions in certain circumstances

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

Potential impacts on Canadians, including businesses

These regulations are expected to have incremental compliance and administrative costs. The "One-for-One" Rule and/or the small business lens may apply.

Regulatory cooperation efforts (domestic and international)

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

Consultations

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

Further information

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

Departmental contact information

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

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

April 1, 2020.

Amending the Canada Labour Standards Regulations – Changing the minimum age of employment in hazardous occupations – Modernizing Federal Labour Standards

Enabling act(s)

The authority for this proposed regulatory initiative is provided under:

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

Description

The objective of the proposed amendments to the Canada Labour Standards Regulations are to support the amendments to Part III of the Code. These Code amendments are not yet in force. The amendments to the Regulations were enacted in the BIA to ensure fair treatment and compensation for employees in precarious work.

The amendments to the Code include the following changes:

raising the minimum age of employment in hazardous occupations from 17 to 18
requiring regulatory authorities to specify the occupations in which persons may be employed. This includes any class of persons under the age of 18, and
requiring regulatory authorities to prescribe 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 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

Initial regulatory consultations with federally regulated stakeholders, were held between June and August of 2019. Employer and employee representatives were included. It is anticipated that additional consultations will take place in the winter of 2021 to inform the development of the regulations.

The regulations are expected to be pre-published in Part I of the Canada Gazette for the spring of 2021.

Further information

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

Departmental contact information

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

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

January 7, 2021.

Amending the Canada Labour Standards Regulations in support of the reimbursement of work-related expenses and the statement of employment conditions – Modernizing Federal Labour Standards

Enabling act(s)

The authority for this proposed regulatory initiative is provided under:

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

Description

The objective of the proposed amendments to the Canada Labour Standards Regulations are to support the amendments to Part III of the Code. These Code amendments are not yet in force. The amendment to the Regulations were enacted in the BIA to ensure fair treatment and compensation for employees in precarious work.

The amendments to the Code include the following changes:

requiring employers to reimburse their employees for reasonable work-related expenses, and
requiring employers to provide each of their employees with a written statement. This statement will contain information relating to their employment, within the first 30 days of their employment

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

include the coming into force of the requirement for employers
provide employees with information respecting employer and employee rights and obligations under Part III
not require supporting regulations

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

Initial regulatory consultations were held between June and August of 2019 with federally regulated stakeholders. Employer and employee representatives were included.

Stakeholders will have an opportunity to comment on the proposed amendments during pre-publication in Part I of the Canada Gazette. It is anticipated for the spring of 2021.

Further information

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

Departmental contact information

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

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

January 7, 2021.

Amending the Motor Vehicle Operators Hours of Work Regulations

Enabling act(s)

The authority for this proposed regulatory initiative is provided under Part III of the Canada Labour Code (the Code).

Description

The objective of the proposed amendments are to modernize the Motor Vehicle Operators Hours of Work Regulations. They have remained largely unchanged since coming into force in 1973. The amendments will be:

developed in consultation with industry stakeholders, including employer and employee representatives, and
are expected to include updated definitions of driver classes

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

Initial regulatory consultations are anticipated for the winter of 2021.

The regulations are expected to be pre-published in Part I of the Canada Gazette for the fall of 2021.

Further information

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

Departmental contact information

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

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

January 7, 2021.

Miscellaneous Amendments Regulation related to the new Head of Compliance and Enforcement under the Canada Labour Code

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 (Bill C-86)

Description

The objective of these miscellaneous regulatory amendments is to align certain regulations made under the Code with legislative changes introduced in Bill C-86. Bill C-86 received Royal Assent on December 13, 2018.

The Code will be amended to allow the Minister of Labour to designate a new Head of Compliance and Enforcement (HOCE). The HOCE will exercise most of the powers and perform most of the day-to-day duties and functions that are related to the administration and enforcement of:

Part II (Occupational Health and Safety)
Part III (Labour Standards), and
Part IV (Administrative Monetary Penalties) of the Code

Subject to any conditions set by the Minister, the HOCE will have authority to:

delegate to any qualified person or class of persons any of these powers, duties or functions, and
make that delegation subject to any terms and conditions that the HOCE considers appropriate

Several existing regulations made under Parts II and III of Code referencing inspectors, regional directors and the Minister of Labour will be updated. This will be in order to reflect the coming into force of the HOCE.

Potential impacts on Canadians, including businesses

The amendments are intended to ensure consistency in the delegation of powers, duties, and functions under the Code.

None of these technical changes affect the substantive rights and obligations of employees and employers under the Code. They will have some effect on the operations of the Labour Program of Employment and Social Development Canada. However, they should have no direct impact on employers and employees, other than to improve client service.

The “One-for-One” Rule and Small Business Lens do not apply to these amendments. There is no change in administrative costs or burden to businesses.

Regulatory cooperation efforts (domestic and international)

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

Consultations

Consultations and pre-publication in Part I of the Canada Gazette are not required. These are low-impact miscellaneous amendment regulations with no burden on federally regulated entities.

Publication in Part II of the Canada Gazette is expected for the spring of 2021. Coming into force is anticipated upon registration of the regulations.

Further information

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

Departmental contact information

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

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

January 7, 2021.

Amending the Nuclear Exclusion Regulations

Enabling act(s)

Description

There are 4 main objectives of the proposed amendments:

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
Apply the provincial Fire Protection and Prevention Act to those that conduct firefighting activities at nuclear facilities, providing greater clarity surrounding their right to refuse dangerous work
Combine the current exclusions for Ontario under one exclusion to streamline and clarify language
Update the remaining exclusion regulations for clarity

Potential impacts on Canadians, including businesses

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

Regulatory cooperation efforts (domestic and international)

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

Consultations

Consultations with concerned stakeholders were held in summer 2019.

The regulations are expected to be pre-published in Part I of the Canada Gazette for the winter of 2021.

Further information

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

Departmental contact information

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

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

August 30, 2019.

Amending Four Occupational Health and Safety Regulations – Addressing Outstanding Comments from the Standing Joint Committee for the Scrutiny of Regulations (SJCSR)

Enabling act(s)

Description

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

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

Amendments would be made to the following regulations:

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

Potential impacts on Canadians, including businesses

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

Regulatory cooperation efforts (domestic and international)

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

Consultations

Public consultations on the regulatory proposal are not required since amendments are considered administrative in nature that do not change the intent of the regulations nor have any practical impact on businesses.

Publication in Part II of the Canada Gazette is expected for the spring of 2021 with a coming into force anticipated at a later date.

Further information

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

Departmental contact information

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

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

April 1, 2020.

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

Enabling act(s)

Description

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

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

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

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

Amendments would be made to the following regulations:

Potential impacts on Canadians, including businesses

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

Regulatory cooperation efforts (domestic and international)

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

Consultations

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

Publication in Part II of the Canada Gazette is expected for the spring of 2021 with a coming into force anticipated at a later date.

Further information

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

Departmental contact information

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

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

October 1, 2017.

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

Enabling act(s)

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

Description

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

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

Consultations with federally regulated employers and employees were conducted in 2017.

The regulations are expected to be pre-published in Part I of the Canada Gazette for the winter of 2022.

Further information

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

Departmental contact information

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

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

October 1, 2015.

Developing Pay Equity Regulations under the Pay Equity Act

Enabling act(s)

Pay Equity Act

Description

The objective of developing Pay Equity Regulations is to support the implementation of the Pay Equity Act (PEA) in establishing a proactive pay equity regime. It will apply to employers and employees in the federally regulated private and public sectors, including:

the federal public service and separate agencies
Crown Corporations
the Prime Minister’s and ministers’ offices, and
parliamentary institutions

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

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

The Pay Equity Regulations would set out specific requirements for:

the posting of notices and pay equity plans by employers
the time limits for certain applications and notices to the Pay Equity Commissioner
the factor that will be applied when calculating the increase owed to a predominantly female job class when using either of the legislated methods for comparing compensation
how an employer or a pay equity committee are to proceed with the pay equity exercise when they are using predetermined values of work
how an employer or a pay equity committee are to proceed when they are using the equal line method of comparison and male and female regression lines cross
a method for comparing compensation when there is no predominantly male job class that can be used as a comparator, and
a process for updating pay equity plans

Potential impacts on Canadians, including businesses

The proactive pay equity regime introduced by the PEA will impact employers with 10 or more employees in the federally regulated private and public sectors, including:

the federal public service and separate agencies
Crown Corporations
the Prime Minister’s and ministers’ offices, and
parliamentary institutions

The Pay Equity Regulations are expected to have incremental costs for private sector businesses. The “One-for-One” Rule and the Small Business Lens apply.

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

Regulatory cooperation efforts (domestic and international)

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

Consultations

Federally regulated employers and employees and their representatives, as well as special interest groups were consulted in spring 2019. A 60-day consultation period has also been provided to stakeholders to comment on the proposed regulations following their pre-publication in Part l of the Canada Gazette on November 14, 2020. Publication in Part II of the Canada Gazette is expected later in 2021.

Further information

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

Departmental contact information

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

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

April 1, 2019.

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

Enabling act(s)

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

Description

The objectives of the Wage Earner Protection Program (WEPP) regulatory amendments include:

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

Potential impacts on Canadians, including businesses

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

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

The regulatory amendments will improve access to the WEPP for workers employed in Canada by:

broadening the types of insolvency proceedings that are covered, and
allowing for more timely payments to workers in certain insolvency situations

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

Regulatory cooperation efforts (domestic and international)

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

Consultations

Consultations with internal and external stakeholders took place in May and June 2019.

The proposed regulations were pre-published in Part I of the Canada Gazette on November 28, 2020. Publication in Part II of the Canada Gazette is anticipated for the spring of 2021.

Further information

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

Departmental contact information

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

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

April 1, 2019.

For more information

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

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

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

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