1st Session, 60th General Assembly
55 Elizabeth II, 2006
First Reading: November 6, 2006 (LINK TO BILL AS INTRODUCED)
Second Reading: November 16, 2006
Third Reading: November 23, 2006 (WITH COMMITTEE AMENDMENTS)
Royal Assent: November 23, 2006
Be it enacted by the Governor and Assembly as follows:
1 This Act may be cited as the Canadian Forces Reservists Protection Act.
2 The purpose of this Act is to protect the civilian employment of members of and students in the Canadian Forces Reserves.
3 In this Act,
(a) "Reserves" means that component of the Canadian Forces referred to in the National Defence Act (Canada) as the reserve force;
(b) "service" means a period of active duty or training in the Reserves;
(c) "student" means a public or private school, community college or university student;
4 (1) Every student has a right to return to that student's program of studies at the beginning of the next semester or sooner if practicable if the student
(a) provides the student's school, community college or university, as the case may be, with reasonable notice of the student's intention to
(2) Every school, community college or university shall allow a student to return to the student's studies after service without any financial penalty.
(3) For greater certainty, a student is not required to pay any tuition or fees in addition to those that the student would have been required to pay if the student had not taken the leave of absence.
5 The Minister of Education may investigate any violations of this Act and attempt to resolve them.
6 Every person who violates any provision of this Act is guilty of an offence and liable on summary conviction to a fine not exceeding two thousand dollars.
7 (1) The Governor in Council may make regulations
(a) prescribing the time within which a student must return to a school, community college or university or apply to return following service;
(b) limiting periods or classes of training as service for the purpose of this Act;
(c) defining any word or expression used but not defined in this Act;
(d) the Governor in Council considers necessary or advisable to carry out effectively the intent and purpose of this Act.
(2) The exercise by the Governor in Council of the authority contained in subsection (1) is regulations within the meaning of the Regulations Act.
8 Section 7 of Chapter 246 of the Revised Statutes, 1989, the Labour Standards Code , as amended by Chapter 14 of the Acts of 1991, Chapter 4 of the Acts of 2003 (Second Session) and Chapter 10 of the Acts of 2006, is further amended by adding immediately after clause (be) the following clauses:
(2) An employee, who has been employed by an employer for at least one year and is required to be absent from the employer's civilian employment for purpose of service, is entitled to an unpaid leave of absence upon
(b) providing to the employer, where the employer so requests, a certificate from an official with the Reserves stating that the employee is a member, is required for service and, where possible, specifying the expected dates for the period of service.