Family member – 802-1-IPG-097

1. Purpose

The purpose of this IPG is to define the term "family member" for the purpose of section 174.1 regarding the right to refuse overtime in Division I of Part III of the Canada Labour Code (Code) and for the purpose of section 206.6 regarding personal leave in Division VII of Part III of the Code.

2. Item

The following provisions have been added to Part III of the Code

• right to Refuse Overtime – 174.1
• personal Leave – 206.6

These amendments come into force on September 1, 2019.

A standard interpretation and application is required nationally for the term "family member" as it applies to these provisions. The following question will therefore be examined:

• Who among the people close to the employee meet the definition of "family member" for the purposes of the right to refuse overtime and personal leave?

3. Interpretation

For the purposes of sections 174.1 and 206.6, an employee's "family member" means

1. the employee's spouse or common-law partner
2. the employee's father and mother and the spouse or common-law partner of the father or mother
   • the employee's foster father and foster mother
3. the employee's children and the children, grandchildren, brothers and sisters of the employee's spouse or common-law partner
   • the spouse of common law partner of the employee's children
   • a child to whom the employee or the employee's spouse or common-law spouse acted as foster parents, under the laws in force in each province
4. the employee's grandchildren
5. the employee's brothers and sisters and spouse or common-law partner of the employee's brothers and sisters
   • the employee's nieces and nephews and the spouse or common-law partner of the employee's nieces and nephews
   • the employee's aunts and uncles and the spouse or common-law partner of the employee's aunts and uncles
6. the grandfather and grandmother of the employee
7. the father and mother of the spouse or common-law partner of the employee and the spouse or common-law partner of the father or mother
8. any relative of the employee who resides permanently with the employee or with whom the employee permanently resides
9. a person under the guardianship or care of the employee or the employee's spouse or common-law partner
10. a person who is entirely or substantially dependent on the employee or the employee's spouse or common-law partner for ongoing care and attention

In addition,"common-law partner" as it applies in the above definition of "family member" means a person who has been cohabiting with an individual in a conjugal relationship for at least one year, or who had been so cohabiting with the individual for at least one year immediately before the individual's death.

For the purpose of compassionate care leave in section 206.3 and leave for critical illness in section 206.4, the term "family member" has the same meaning as in the regulations made under the Employment Insurance Act.