Legal Updates

WSPS.CA/LEGISLATION LEGISLATION BRIEFING BILL C‐86 BUDGET IMPLEMENTATION ACT, 2018 April 26 th , 2019 On October 29, 2018, the Federal Government introduced Bill C‐86, the Budget Implementation Act, 2018. Bill C‐86 proposes amendments that have been derived from the report "Modernizing Federal Labour Standards". This report is a summary of consultations held between May 2017 and March 2018 by the Minister of Employment, Workforce Development and Labour and officials from the Labour Program of Employment and Social Development Canada. Bill C‐86 received Royal Assent on December 13, 2018, but it is uncertain when a number of changes to federal labour standards will come into force. Most of the changes affecting federal undertakings take effect upon, either a government order in council at a future date, or on September 1, 2019. Therefore, it will be important for employers to monitor any changes and ensure that their practices comply with these new changes. What is Bill C‐86? This Bill makes substantial changes to the Canada Labour Code and enact a federal Pay Equity Act, among other things. These changes are to ensure that more modern and robust labour standards are put in place. Changes to the Canada Labour Code Include: Equal Treatment ‐ The Pay Equity Act (In Force at a Future Date) Prohibit differences in rate of wages based on employment status of employees (e.g. full‐time v. part‐ time, casual, temporary, seasonal) where employees perform substantially the same kind of work, subject to certain exceptions Similar provisions applicable to temporary help agencies (THA) which would prevent paying a THA employee less than the rate the client pays to its employee, subject to certain exceptions Employers will be able to establish different pay rates if their systems of compensation contemplate seniority, geographic area of a workplace, merit‐based compensation, etc. Hours of Work Break (In Force on September 1 st , 2019): Employees are entitled to 30 minutes during every period of five consecutive hours of work. If an employee is required to be available or to be "at the employers disposal' during that period, they must be paid for the duration of the break. Exceptions to this entitlement are based on unforeseen emergencies that could result in imminent or serious threats to persons, property or the employer's industrial establishment. Rest Period (In Force on September 1 st , 2019): Employees are entitled to a rest period of at least eight consecutive hours between work periods or shifts. The above exceptions apply. Notice of Work Schedule and Right to Refuse (In Force at a Future Date): the employer shall provide employees their work schedule in writing at least 96 hours before the start of the employee's first work period or shift under that schedule. An employee may refuse to work any period or shift in their schedule that starts within 96 hours from the time that the schedule is provided to them. The above exceptions apply.

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