Labour Program Forward Regulatory Plan: 2021 to 2023

Regulatory initiatives

1. Regulations respecting exemptions and/or modifications to the Hours of Work Provisions under Part III of the Canada Labour Code – Modernizing Federal Labour Standards
2. Amending the Canada Labour Standards Regulations – Equal Treatment, Temporary Help Agencies and Termination of Employees under the Canada Labour Code – Modernizing Federal Labour Standards
3. Regulations amending certain regulations made under the Canada Labour Code – Health Canada authorized COVID-19 medical devices for respiratory protection
4. Amending the Canada Labour Standards Regulations – Long-Term Disability Plans
5. Amending the Canada Labour Standards Regulations – Service of Documents and Regular Rate of Wages
6. Consequential amendments to the Canada Labour Standards Regulations and the Standards for Work-Integrated Learning Activities Regulations – Modernizing Federal Labour Standards
7. 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
8. Amending the Canada Labour Standards Regulations – Updating the minimum age of employment – Modernizing Federal Labour Standards
9. Amending the Canada Occupational Health and Safety Regulations – Addressing Workplace Hazardous Substances (Thermal stress, nanoparticles and ultraviolet radiation)
10. Amending the Canada Occupational Health and Safety Regulations – Updating part VII – Levels of Sound
11. Amending the Canadian Forces Employment Equity Regulations – Administrative updates to improve clarity and consistency of the regulations
12. Amending the Motor Vehicle Operators Hours of Work Regulations
13. Amending the Nuclear Exclusion Regulations
14. Amending Occupational Health and Safety Regulations – Provision of Menstrual Products in the Workplace
15. Amending 6 Occupational Health and Safety Regulations – Reporting requirements and comments from the Standing Joint Committee for the Scrutiny of Regulations (SJCSR)
16. Amending the Oil and Gas Occupational Safety and Health Regulations – Updating provisions and standards
17. Developing Administrative Monetary Penalties Regulations under the Pay Equity Act
18. Amending Wage Earner Protection Program Regulations to implement Budget 2018 amendments to the Wage Earner Protection Program Act (WEPPA)

Regulations respecting exemptions and/or modifications to the Hours of Work Provisions under Part III of the Canada Labour Code – Modernizing Federal Labour Standards

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

Regulations amending certain regulations made under the Canada Labour Code – Health Canada authorized COVID-19 medical devices for respiratory protection

Enabling act(s)

The authority for this proposed regulatory initiative is provided under:

• 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 amendments to the COHSR, MOHSR, OGOSHR, and OTOHSR would provide an alternative option to NIOSH certified respiratory protective devices when there is a risk of an airborne hazardous substance to protect persons in federal jurisdiction workplaces who are required to provide medical treatment. In such circumstances, employers will have the option to provide a COVID-19 medical device for respiratory protection authorized under the Health Canada Interim Order No.2 Respecting the Importation and Sale of Medical Devices for Use in Relation to COVID-19 (Interim Order No. 2).

Potential impacts on Canadians, including businesses

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

Regulatory cooperation efforts (domestic and international)

The proposed regulatory amendments are aligned with corresponding approaches currently in force across Canadian provinces and territories. Alberta, British Columbia, Ontario and Quebec have policy changes or amended regulations, in alignment with Interim Order No, 2, to allow devices not certified by NIOSH to be used in provincially regulated establishments.

Consultations

Consultations were undertaken with stakeholders to help shape the Labour Program’s policy intent, including:

• British Columbia Maritime Employers Association
• Canada Post
• Canadian Labour Congress
• Canadian Trucking Alliance
• Canadian Union of Postal Workers
• Canadian Union of Public Employees
• Federally Regulated Employers Transportation and Communications
• International Longshore and Warehouse Union
• National Airline Council of Canada
• Public Service Alliance of Canada
• Unifor
• Treasury Board Secretariat

Health Canada, the Public Health Agency of Canada, Transport Canada, Natural Resources Canada, Indigenous Services Canada, Global Affairs Canada, Crown-Indigenous Relations and Northern Affairs Canada, and the Canada Energy Regulator were also consulted throughout the regulatory process.

Overall, consultations with stakeholders demonstrated support for this regulatory amendment. The following are key highlights that emerged from consultations with stakeholders:

• workplaces are being mindful of their current supply in case of future supply chain disruptions
• medical respirators covered under Interim Order No. 2 are currently being used within their industries to prevent the spread of COVID-19
• alternatives to NIOSH-certified respirators must offer, at least, the same level of protection. Stakeholders supported the scope of the regulatory amendments to apply only in medical settings

Publication in Part II of the Canada Gazette is expected for the summer 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
613-889-8858
brenda.baxter@labour-travail.gc.ca

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

June 16, 2021.

Amending the Canada Labour Standards Regulations – Long-Term Disability Plans

Enabling act(s)

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

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. These are situations under which certain employers, such as Crown corporations, may provide benefits to its employees under a LTD plan that is not insured.

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

Consultations with internal and external stakeholders are anticipated for the spring of 2021. The proposed 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
613-889-8858
brenda.baxter@labour-travail.gc.ca

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

April 1, 2021.

Amending the Canada Labour Standards Regulations – Service of Documents and Regular Rate of Wages

Enabling act(s)

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

Description

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

The proposed Regulations will:

• provide clarity to 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 would 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 proposed Regulations will also outline the calculation of employee 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 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 consultations with federally regulated stakeholders, including employer and employee representatives are anticipated for the spring of 2021. Additional consultations are expected to continue in 2021 to inform the development of the regulations.

The proposed 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
613-889-8858
brenda.baxter@labour-travail.gc.ca

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

April 1, 2021.

Consequential amendments to the Canada Labour Standards Regulations and the Standards for Work-Integrated Learning Activities Regulations – Modernizing Federal Labour Standards

Enabling act(s)

The authority for this proposed regulatory initiative is provided under:

• the Canada Labour Code (the Code)
• Budget Implementation Act 2017, No. 2 (Bill C-63), and
• Budget Implementation Act 2018, No. 2 (Bill C-86)

Description

The objective of the technical and consequential amendments to the Canada Labour Standards Regulations (CLSR) and the Standards for Work-Integrated Learning Activities Regulations (SWILAR) is to align them with changes to the Code in:

• Bill C-63, and
• Bill C-86

Legislative changes, which came into force on September 1, 2019 and September 1, 2020, include amendments to:

• modify hours of work provisions, such as the requirement to provide employees with advanced notice of schedule and shift changes
• 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
• expand reservist leave provisions, and
• limit unpaid internships in the federally regulated private sector to only those that are part of an educational program

Amendments to the CLSR in support of changes to the Code came into force on September 1, 2019. The new SWILAR as well as legislative provisions respecting interns came into force on September 1, 2020. Additional regulatory amendments are required to:

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

Potential impacts on Canadians, including businesses

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 proposed 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
613-889-8858
brenda.baxter@labour-travail.gc.ca

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

April 1, 2019.

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 (Bill C-86)

Description

The objective of the proposed 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 are required to:

• 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

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 regulations during pre-publication in Part I of the Canada Gazette which is anticipated 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
613-889-8858
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 – Updating the minimum age of employment – 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 (Bill C-86)

Description

The objective of the proposed 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
• expanding the authority to create regulations that specify the occupations in which persons under the age of 18 may be employed, and
• including regulatory authorities to fix 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

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

The proposed regulations are expected to be pre-published in Part I of the Canada Gazette for the spring 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
613-889-8858
brenda.baxter@labour-travail.gc.ca

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

January 7, 2021.

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 (COHSR) under Part II of the Canada Labour Code (the Code).

Description

Part X of the COHSR, under Part II of the Code addresses 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
• 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 (U.S.) 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 to maintain records 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 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
613-889-8858
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 (COHSR), under Part II of the Canada Labour Code (the Code).

Description

Part VII of the COHSR under Part II of the 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 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
613-889-8858
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. The intent of the regulations 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
• 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 on the proposed regulatory amendments. Stakeholders agreed with the changes. Public consultations on the amended regulatory provisions were not required as they are:

• administrative in nature
• being undertaken by the Canadian Forces to improve clarity, and
• unique to the Canadian Forces|

Publication of the proposed regulations in Part II of the Canada Gazette is expected for the fall 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
613-614-0308
judith.buchanan@labour-travail.gc.ca

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

April 1, 2013.

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 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

The scope and timing of any changes to the regulations are currently being reconsidered based on feedback received from stakeholders following consultations in February of 2021.

In addition to the regulatory review, the Labour Program, in collaboration with the Canada School of Public Service, the Department of Justice, and the Community of Federal Regulators intends to publish the updated regulations in machine-readable code that could be incorporated into employer payroll systems. This “rules as code” project is 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 outlines 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 identifies 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 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

Regulatory consultations with employer and employee representatives in the road transportation sector were held in February 2021 to guide the development of proposed changes.

The regulations are expected to be pre-published in Part I of the Canada Gazette for the fall of 2021 or at such later date as mutually determined with stakeholders.

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
613-889-8858
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)

• 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. apply the provincial Fire Protection and Prevention Act to those that conduct firefighting activities at nuclear facilities, providing greater clarity surrounding their right to refuse dangerous work
3. combine the current exclusions for Ontario under one exclusion to streamline, and clarify language
4. update the remaining exclusion regulations for clarity

Potential impacts on Canadians, including businesses

There may be potential impacts on Canadians, including businesses. The "one-for-one" rule and/or the small business lens may apply.

Regulatory cooperation efforts (domestic and international)

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

Consultations

Consultations with concerned stakeholders were held in summer 2019.

Publication in Part II of the Canada Gazette is expected in 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
613-889-8858
brenda.baxter@labour-travail.gc.ca

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

August 30, 2019.

Amending Occupational Health and Safety Regulations – Provision of Menstrual Products in the Workplace

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 in the workplace to reduce the health risks that may be caused by the lack of access to menstrual products in the workplace. This will be done by amending the sanitation provisions under the various occupational health and safety regulations under Part II of the Code.

An administrative recognition of all-gender toilets (including unisex and gender-neutral toilets) may be included to ensure they count towards the requirements for the number of toilets that must be provided in the workplace per number of employees, as set out in the sanitation provisions of the COHSR.

This approach will be developed in multiple phases including:

• convening a roundtable of experts on the subject of the provision of menstrual products in the workplace
• publishing a discussion paper and survey on the Labour Program website outlining the findings of the roundtable of experts and seeking public feedback on draft policy options, and
• conducting consultations with industry stakeholders, to amend all applicable OHS regulations to require employers to provide menstrual products in their workplace and to address the recognition of all-gender toilets.

Potential impacts on Canadians, including businesses

Employers in the federal jurisdiction are expected to be impacted by the proposed regulatory amendments due to the proposed requirement to provide menstrual products to their employees. The "one-for-one" rule and the small business lens may apply.

Canadians working in the federal jurisdiction are expected to benefit from this initiative due to the increased availability of free 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

An opportunity to provide feedback on the proposed policy was provided through the publication of a Notice of Intent (NOI) in the Canada Gazette on May 4, 2019. A What We Heard Report summarizing the feedback on the NOI was published on the Labour Program website in December 2020, and 42 submissions were received.

The Labour Program will convene a roundtable of experts and publish a discussion paper and survey on the topic of the provision on menstrual products in federally regulated workplaces.

The Labour Program will conduct consultations with industry stakeholders following the publication of the paper and survey, in 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
613-889-8858
brenda.baxter@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

Amending 6 Occupational Health and Safety Regulations – Reporting requirements and comments from the Standing Joint Committee for the Scrutiny of Regulations (SJCSR)

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. 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:

• 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 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 fall 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
613-889-8858
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 (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

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
613-889-8858
brenda.baxter@labour-travail.gc.ca

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

October 1, 2015.

Developing Administrative Monetary Penalties Regulations under the Pay Equity Act

Enabling act(s)

Pay Equity Act (PEA).

Description

The objective of these regulations is to deter non-compliance with the PEA through an Administrative Monetary Penalty System. This will allow the Pay Equity Commissioner to levy penalties for prescribed violations of:

• the legislation, and
• the regulations

Potential impacts on Canadians, including businesses

The proactive pay equity regime introduced by the PEA will affect employers with 10 or more employees in the federally regulated private and public sectors. This includes:

• 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 are expected in 2021. The proposed regulations are anticipated to be pre-published in Part l of the Canada Gazette in 2022.

Further information

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

Departmental contact information

Lori Straznicky
Executive Director, Workplace and Labour Relations Policy Division
Strategic Policy, Analysis and Workplace Information Directorate, Labour Program
613-462-1023
lori.straznicky@labour-travail.gc.ca

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

April 1, 2021.

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 expected by the fall of 2021. Coming into force is anticipated in 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
613-889-8858
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:

• federal regulatory management and modernization
• regulatory cooperation

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

• Consulting with Canadians
• Canada Gazette