BILL NO. 220
2nd Session, 63rd General Assembly
69 Elizabeth II, 2020
Labour Standards Code
The Honourable Labi Kousoulis
Minister of Labour and Advanced Education
First Reading: February 20, 2020
Second Reading: February 27, 2020
Third Reading: March 5, 2020 (WITH COMMITTEE AMENDMENTS) (LINK TO BILL AS PASSED)
Clause 2 reduces the start date for pregnancy leave from no sooner than 16 weeks to no sooner than 15 weeks before the expected date of delivery.
Clause 3 provides an exception to the 4-week notice requirement for pregnancy and parental leave where an employee has been employed for fewer than 4 weeks.
Clause 4 changes the heading for the Sections dealing with reservists to "RESERVIST LEAVE".
(e) permits an employee who has received less than 4 weeks' notice of a requirement to participate in a period of service to give a shorter notice and removes the requirement for the notice be in writing, where it is not practicable to do so;
(f) requires an employee to provide a certificate confirming the employee is a member of the Reserves and required for service and the expected dates of the service, upon the request of the employer; and
Clause 6 provides that the Sections relating to Reservist leave come into effect upon proclamation. The Sections relating to Pregnancy and Parental Leave come into effect upon Royal Assent.
An Act to Amend Chapter 246
of the Revised Statutes, 1989,
the Labour Standards Code,
1 Clauses 7(bf) and (bg) of Chapter 246 of the Revised Statutes, 1989, the Labour Standards Code, are repealed and the following clause substituted:
- (bf) prescribe a period of less than three months of employment during which a class of employees who are members of the Reserves, as defined in Section 60H, may be employed with the employer for the purpose of establishing entitlement to a leave under Section 60H;
2 Subsection 59(2) of Chapter 246, as enacted by Chapter 14 of the Acts of 1991, is amended by striking out "sixteen" in the third line and substituting "fifteen".
3 (1) Subsection 59D(1) of Chapter 246, as enacted by Chapter 14 of the Acts of 1991, is amended by striking out "An" in the first line and substituting "Subject to subsection (1A), an".
- (1A) Where an employee will have been employed for fewer than four weeks as of the date the employee's pregnancy leave pursuant to subsection (2) of Section 59 or the employee's parental leave pursuant to subsection (3) of Section 59B is to begin, the employee shall give the employer as much notice of the date the employee will begin the leave as is reasonably practicable in the circumstances.
4 The heading before Section 60H of Chapter 246 of the Revised Statutes, 1989, the Labour Standards Code, as enacted by Chapter 13 of the Acts of 2006, is repealed and "RESERVIST LEAVE" substituted.
5 Section 60H of Chapter 246 is repealed and the following Sections substituted:
- 60H (1) In this Section and Section 60HA,
- (i) deployment to a Canadian Forces operation, inside or outside of Canada, or engagement inside or outside of Canada in a pre-deployment or post-deployment activity required by the Canadian Forces in connection with a deployment,
60HA (1) Subject to subsection (2), an employee who meets the criteria in subsection (2) of Section 60H is entitled to a leave of absence upon giving the employer notice in writing, at least four weeks in advance of the date the employee intends to begin the leave, of
(2) Where the employee receives notice of the requirement to participate in a period of service and the notice is received less than four weeks before the service is anticipated to commence, the employee shall notify the employer of the information required by clauses (a) to (c) of subsection (1)
(a) where any of the information in clause (b) or (c) of subsection (1) changes, provide the employer with at least four weeks' notice in writing of the new commencement or end date of the leave or the new anticipated date of return to work; and
- (i) four weeks after the employee's period of service ends, or
(5) Where the employee receives less than four weeks' notice that the commencement or end date of a period of service will change and the employee is taking or will take a leave of absence in respect of that period of service, the employee shall notify the employer of the new commencement or end date of the leave and of any anticipated change in the date of return to work that results from that change
6 This Act, except Sections 2 and 3, comes into force on such day as the Governor in Council orders and declares by proclamation.
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