Labour Program Forward Regulatory Plan: 2021 to 2023

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

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.

Notice: Consequential amendments will also be required to the Administrative Monetary Penalties (Canada Labour Code) Regulations each time new statutory or regulatory requirements are introduced. Schedule I and II of these Regulations designate and classify each obligation under Part II and Part III of the Code and their regulations, based on the severity of the violation. The classification is used for determining the base amount of the administrative monetary penalty.

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
  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 – Protecting Employees Working in Confined Spaces
  11. Amending the Canada Occupational Health and Safety Regulations – Updating Part VII – Levels of Sound
  12. Amending the Canadian Forces Employment Equity Regulations – Administrative Updates to Improve Clarity and Consistency of the Regulations
  13. Amending the Motor Vehicle Operators Hours of Work Regulations
  14. Amending the Nuclear Exclusion Regulations
  15. Amending Four Occupational Health and Safety Regulations – Addressing Outstanding Comments from the Standing Joint Committee for the Scrutiny of Regulations (SJCSR)
  16. Amending Occupational Health and Safety Regulations- Provision of Menstrual Products in the Workplace
  17. Amending Six Occupational Health and Safety Regulations – Reporting Requirements and Comments from the Standing Joint Committee for the Scrutiny of Regulations (SJCSR)
  18. Amending the Oil and Gas Occupational Safety and Health Regulations – Updating Provisions and Standards
  19. Developing Administrative Monetary Penalties Regulations under the Pay Equity Act
  20. Developing Pay Equity Regulations under the Pay Equity Act
  21. 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

Enabling act(s)

The authority for this proposed regulatory initiative is provided under:

Description

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

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:

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

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:

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

Regulatory consultations were held between May and August of 2019 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 will be developed in two phases:

  1. Marine shipping, long shoring and marine pilotage sectors, the road transportation sector and the grain-milling and handling sector:
    • The proposed regulations were pre-published in Part I of the Canada Gazette on December 19, 2020.
    • Publication in Part II of the Canada Gazette is expected by the fall of 2021.
  2. Broadcasting and telecommunications sectors, the rail and air transportation sectors, and the banking sector:
    • The proposed regulations are expected to be pre-published in Part I of the Canada Gazette by the fall of 2021.

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
613-889-8858
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 – Equal 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:

Description

The objective of these regulations is to support amendments to Part III of the Code not yet in force. The regulations intend to:

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

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

The Code 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 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 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, 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, 2020.

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:

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:

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:

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:

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:

These provisions would include the service of documents such as:

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:

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:

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

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:

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:

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:

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:

Under the Code amendments, employers are required to:

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

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:

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:

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:

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 – Protecting Employees Working in Confined Spaces

Enabling act(s)

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

Description

Part XI of the COHSR, under Part II of the 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:

The proposed amendments would apply to all federally regulated employers and employees, except for:

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

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, five (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 spring of 2021. The proposed amendments are expected to come into force 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

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:

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:

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:

Potential impacts on Canadians, including businesses

There are no impacts on business or on Canadians as the changes are:

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:

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:

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)

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 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:

Amendments would be made to the following 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

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

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

April 1, 2020.

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

Enabling act(s)

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:

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 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:

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 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:

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:

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:

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.

Developing Pay Equity Regulations under the Pay Equity Act

Enabling act(s)

Pay Equity Act (PEA)

Description

The objective of developing Pay Equity Regulations is to support the implementation of the 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 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 to achieve pay equity in line with the PEA. Then, pay equity will have to be maintained moving forward.

The Pay Equity Regulations would set out specific requirements for:

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 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 significant expected 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 was 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 in the summer of 2021.

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, 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:

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:

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:

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:

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