Labour Program Forward Regulatory Plan: 2024 to 2026

Enabling acts

The Canada Labour Code (the Code) and the Budget Implementation Act, 2018, No. 2 provide authority for this proposed regulatory initiative.

Description

The objective of these regulations is to support amendments to Part III of the Code not yet in force. The regulations intend to ensure equal treatment and compensation for employees, including those in precarious work.

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

• prohibiting differences in rates of wages based on the employment status of employees
• protecting temporary help agency employees from unfair practices, and
• entitling all employees regardless of their employment status, to be informed of employment and/or promotion opportunities

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

• modifying requirements
• exempting classes of employees, and
• defining terms regarding equal treatment and temporary help agency provisions

The Code amendments will come into force on a day determined by order of the Governor in Council.

Potential impacts on Canadians, including businesses

These regulations may incrementally increase 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

The Labour Program held initial regulatory consultations between June and August of 2019 with stakeholders from federally regulated industries, including employer and employee representatives.

To inform the development of the regulations, the Labour Program launched an additional consultation with stakeholders between December 21, 2021, and February 21, 2022. Submissions received during this consultation have been assessed and regulatory development is underway.

The proposed regulations are expected to be pre-published in Part I of the Canada Gazette in fall 2024.

On conclusion of the public comment period, final regulations are expected to be published in Part II of the Canada Gazette in 2025.

Consequential amendments

This initiative will result in consequential amendments to Schedule 2 of the Administrative Monetary Penalties (Canada Labour Code) Regulations.

Further information

Consult Acts and Regulations for further information on acts and regulations administered by the Labour Program.

Departmental contact information

Danijela Hong
Director General
Workplace Directorate, Labour Program
danijela.hong@labour-travail.gc.ca

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

April 1, 2020

Enabling act

The Canada Labour Code (the Code) provides authority for this proposed regulatory initiative.

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 under which certain employers may provide benefits to their employees under a LTD plan that is not insured. In these cases, the uninsured LTD plan is protected from insolvency to the same extent as a plan insured by a financial institution or licensed insurance provider.

The July 1, 2014, amendments to Part III of the Code require employers to:

• insure LTD plans, and
• ensure that eligible employees continue to receive their LTD benefits, should their employer become insolvent

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

To inform the possibility of proposing regulations related to LTD plans, the Labour Program launched a consultation in winter 2022. Discussions on proposed regulations are ongoing with possible publication in Part I of the Canada Gazette in 2025.

Final regulations are expected to be published in Part II of the Canada Gazette in 2025.

Consequential amendments

This regulatory initiative will be assessed for consequential amendments to Schedule 2 of the Administrative Monetary Penalties (Canada Labour Code) Regulations.

Further information

Consult Acts and Regulations for further information on acts and regulations administered by the Labour Program.

Departmental contact information

Danijela Hong
Director General
Workplace Directorate, Labour Program
danijela.hong@labour-travail.gc.ca

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

April 1, 2021

Enabling act

The Canada Labour Code (the Code) and the Fall Economic Statement Implementation Act, 2023 (Bill C-59) provide authority for this proposed regulatory initiative.

Description

Bill C-59 included the following amendments to the Code:

• the introduction of a new leave related to pregnancy loss that allows employees who experience a stillbirth to take up to 8 weeks of leave of absence, or 3 days of leave in the case of any other form of pregnancy loss. The first 3 days of the leave are paid for employees who have completed at least 3 months of employment
• the introduction of a new leave for placement of child that allows employees to take an unpaid leave of absence for up to 16 weeks for responsibilities related to the placement of a child into their care as a result of adoption or surrogacy. These amendments align with the changes to the Employment Insurance Act that create a new benefit for employees who become parents through adoption or surrogacy, and
• modifications to bereavement leave, an existing leave under the Code, to give employees the right to be reinstated in the same (or comparable) position at the end of the leave, the right to be informed of training opportunities while on leave, the right to accumulate benefits while on leave, and the right to change the length of the leave

The modifications to bereavement leave were made to complement previously introduced amendments to bereavement leave (not yet in force) that were included in An Act to Amend the Criminal Code of Canada and the Canada Labour Code (Bill C-3). These modifications will permit employees to use the leave for up to 8 weeks in the case of the death of a child instead of only 10 days.

To support these changes to the Code, amendments are required to the Canada Labour Standards Regulations and the Standards for Work-Integrated Learning Activities Regulations. These regulations will:

• establish the related records that employers will be required to keep
• clarify how the wages for the paid days of leave related to pregnancy loss are to be determined for exceptional cases and when they impact standard hours of work for determining overtime, and
• allow student interns to access the new leave related to pregnancy loss, and take bereavement leave for up to 8 weeks in the case of the death of a child and change the length of the leave if necessary

Potential impacts on Canadians, including businesses

The proposed regulations will have minor compliance and administrative costs. The "one-for-one" rule and/or the small business lens may apply.

Regulatory cooperation efforts (domestic and international)

The leave related to placement of child was developed in coordination with a new employment insurance benefit for employees who become parents through adoption or surrogacy. The Labour Program will cooperate with the Skills and Employment Branch of ESDC so that the amendments to both the Code and the Employment Insurance Act come into force at the same time, along with these proposed regulations.

Consultations

In October 2022, the Labour Program held virtual consultation sessions with stakeholders to seek their views regarding the creation of a new paid leave related to miscarriage or still birth and supporting regulations. Stakeholders were overall supportive.

The proposed regulations are expected to be pre-published in Part I of the Canada Gazette in winter 2025. On conclusion of a 30-day comment period, final regulations are projected to be published in Part II of the Canada Gazette in spring 2025.

Bill C-59 states that the amendments for leave related to pregnancy loss and bereavement leave must, at the latest, come into force by the 540th day after the bill receives Royal Assent. The related regulations will be targeted to come into force on the same day.

Consequential amendments

This regulatory initiative will be assessed for consequential amendments to Schedule 2 of the Administrative Monetary Penalties (Canada Labour Code) Regulations.

Further information

Consult Acts and Regulations for further information on acts and regulations administered by the Labour Program, and types of leaves available for employees working in federally regulated industries and workplaces. Online materials will be updated to include leave related to pregnancy loss, leave for placement of child and the revisions to bereavement leave once these proposed regulations come into force.

Departmental contact information

Danijela Hong
Director General
Workplace Directorate, Labour Program
danijela.hong@labour-travail.gc.ca

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

April 2, 2024

Enabling act

The Canada Labour Code (the Code) provides authority for this proposed regulatory initiative.

Description

The objective of the proposed regulatory initiative is to address health and safety requirements for levels of sound by reflecting current best practices on noise control and hearing loss prevention programming. The initiative will also aim to facilitate compliance with the proposed regulations by:

• updating the references to outdated standards and making them ambulatory (as amended from time to time)
• reducing the risk of hearing impairment by updating exposure limits and thresholds
• requiring employers to implement a hearing loss prevention program, and
• clarifying ambiguous regulatory text

Amendments would be made to the following regulations:

• Aviation Occupational Health and Safety Regulations (AOHSR)
• Canada Occupational Health and Safety Regulations (COHSR)
• Maritime Occupational Health and Safety Regulations (MOHSR)
• Oil and Gas Occupational Safety and Health Regulations (OGOSHR), and
• On Board Trains Occupational Health and Safety Regulations (OTOHSR)

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 will apply.

Regulatory cooperation efforts (domestic and international)

The proposed regulatory initiative would harmonize the OHS references to technical standards regarding hearing protection, thereby meeting Canada’s commitment under the 2019 National Occupational Health and Safety Reconciliation Agreement.

Consultations

The Labour Program held preliminary consultations with targeted external stakeholders in May 2019, August 2019, and January 2020.

Targeted consultations with external stakeholders, including employer and employee representatives, representing federally regulated industries were held in fall 2020.

A questionnaire was circulated to stakeholders, including stakeholders in the marine and oil and gas industries in winter and spring 2023. Similarly, a questionnaire was circulated within the aviation industry in January 2024.

Stakeholders will have a further opportunity to comment on the proposed regulations when they are pre-published in Part I of the Canada Gazette, which is anticipated in winter 2025.

On conclusion of the public comment period, the final regulations are expected to be published in Part II of the Canada Gazette in 2025.

Consequential amendments

This regulatory initiative will result in consequential amendments to Schedule 1 of the Administrative Monetary Penalties (Canada Labour Code) Regulations.

Further information

Consult Acts and Regulations for further information on acts and regulations administered by the Labour Program.

Departmental contact information

Danijela Hong
Director General
Workplace Directorate, Labour Program
danijela.hong@labour-travail.gc.ca

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

August 30, 2019

Amending the Canada Occupational Health and Safety Regulations – Personal Protective Equipment

Enabling act

The Canada Labour Code (the Code) provides authority for this proposed regulatory initiative.

Description

The objective of the proposed regulatory initiative is to address health and safety requirements for personal protective equipment (PPE) by addressing inconsistencies across the five occupational health and safety regulations. The focus for this initiative will include updating references to technical standards and the correction of inconsistent terminology (for example, the use of protective vs. protection equipment), and ensuring that PPE fits employees properly despite varying body types and individual needs.

Amendments would be made to the following regulations:

• Aviation Occupational Health and Safety Regulations (AOHSR)
• Canada Occupational Health and Safety Regulations (COHSR)
• Maritime Occupational Health and Safety Regulations (MOHSR)
• Oil and Gas Occupational Safety and Health Regulations (OGOSHR), and
• On Board Trains Occupational Health and Safety Regulations (OTOHSR)

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 regulatory initiative would harmonize the references to technical standards regarding fall protection equipment, protective headwear, protective footwear, and eye and face protection equipment, thereby meeting Canada’s commitment under the 2019 National Occupational Health and Safety Reconciliation Agreement, and the 2021 Pan Canadian Occupational Health and Safety Reconciliation Agreement.

Consultations

Stakeholders will have a further opportunity to comment on the proposed regulations when they are pre-published in Part I of the Canada Gazette, which is anticipated in spring 2025.

On conclusion of the public comment period, the final regulations are expected to be published in Part II of the Canada Gazette in 2025.

Consequential amendments

This regulatory initiative will result in consequential amendments to Schedule 1 of the Administrative Monetary Penalties (Canada Labour Code) Regulations.

Further information

Consult Acts and Regulations for further information on acts and regulations administered by the Labour Program.

Departmental contact information

Danijela Hong
Director General
Workplace Directorate, Labour Program
danijela.hong@labour-travail.gc.ca

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

December 14, 2022

Enabling act

The Canada Labour Code (the Code) provides authority for this proposed regulatory initiative.

Description

The main objective of the proposed regulatory initiative is to address the concerns identified by the Standing Joint Committee for the Scrutiny of Regulations (SJCSR). These amendments will help stakeholders better understand the OHS regulations and avoid possible misinterpretation. Additionally, they will clarify the reporting requirements by updating forms and displaying them in the schedules of the OHS regulations.

Electronic forms for the following reports are also available online to facilitate submission of required information by employers:

• Hazardous Occurrence Investigation Report (HOIR)
• Employer’s Annual Hazardous Occurrence Report (EAHOR), and
• Annual Report on Work Place Committee Activities

Amendments would be made to the:

• Aviation Occupational Health and Safety Regulations (AOHSR)
• Canada Occupational Health and Safety Regulations (COHSR)
• Maritime Occupational Health and Safety Regulations (MOHSR)
• Oil and Gas Occupational Safety and Health Regulations (OGOSHR)
• On Board Trains Occupational Health and Safety Regulations (OTOHSR), and
• Policy Committees, Work Place Committees and Health and Safety Representatives 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 will apply.

Regulatory cooperation efforts (domestic and international)

Regulatory cooperation efforts are not required, as the amendments are administrative.

Consultations

Due to the administrative nature of the amendments, public consultations on the regulatory proposal were 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 in winter 2025, with a coming into force upon publication.

Consequential amendments

This regulatory initiative will result in consequential amendments to Schedule 1 of the Administrative Monetary Penalties (Canada Labour Code) Regulations.

Further information

Consult Acts and Regulations for further information on acts and regulations administered by the Labour Program.

Departmental contact information

Danijela Hong
Director General
Workplace Directorate, Labour Program
danijela.hong@labour-travail.gc.ca

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

October 1, 2017

Enabling act

The Canada Labour Code (the Code) provides authority for this proposed regulatory initiative.

Description

The objective of the proposed regulatory initiative is to improve the health and safety of employees in federally regulated industries by updating exposure limits and regulatory requirements. These amendments:

• add new requirements related to thermal stress, engineered nanomaterials and non-solar ultraviolet radiation
• update radon requirements
• clarify ambiguous regulatory text to reflect best practices
• update referenced standards, and
• improve consistency and harmonization with other provisions within the OHS Regulations

Amendments would be made to the following regulations:

• Aviation Occupational Health and Safety Regulations (AOHSR)
• Canada Occupational Health and Safety Regulations (COHSR)
• Maritime Occupational Health and Safety Regulations (MOHSR)
• Oil and Gas Occupational Safety and Health Regulations (OGOSHR), and
• On Board Trains Occupational Health and Safety Regulations (OTOHSR)

Potential impacts on Canadians, including businesses

These regulations are expected to benefit Canadians in federally regulated workplaces by mitigating exposure to hazardous substances in the workplace. Impacts on Canadians and businesses have been identified. The “one-for-one” rule does not apply; however, the small business lens applies.

Regulatory cooperation efforts (domestic and international)

The United States of America (U.S.) has regulations from both state and federal levels, and in general, Canada and the U.S. have similar requirements. The U.S. is finalizing similar requirements for nanomaterials. Canadian and U.S. regulations concerning exposure to ultraviolet radiation reference the same standard. The proposed amendment to maintain records for 30 years would be aligned with the U.S. regulations.

Consultations

Stakeholders from federally regulated industries 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.

Further consultations with the Occupational Health and Safety Advisory Committee took place in June 2022. The proposed amendments and the expanded scope were presented to members and met with a positive response.

The proposed amendments were pre-published in Part I of the Canada Gazette for public comments in October 2023. The final regulations are expected to be published in Part II of the Canada Gazette in winter 2025.

Consequential amendments

This regulatory initiative will result in consequential amendments to Schedule 1 of the Administrative Monetary Penalties (Canada Labour Code) Regulations.

Further information

Consult Acts and Regulations for further information on acts and regulations administered by the Labour Program.

Departmental contact information

Danijela Hong
Director General
Workplace Directorate, Labour Program
danijela.hong@labour-travail.gc.ca

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

October 1, 2015

Enabling act

The Canada Labour Code (the Code) provides authority for this proposed regulatory initiative.

Description

There are 5 main objectives of the proposed regulatory initiative:

1. update definitions, titles, and references in both the new Ontario and New Brunswick nuclear exclusion regulations, including removing reference to Ontario Hydro and Point Lepreau from the respective regulations
2. harmonize the right to refuse dangerous work for Facility Fire Brigade members working at nuclear power plants across Canada
3. repeal the Ontario uranium mine exclusion order
4. repeal the four nuclear exclusion regulations related to Ontario and replace them with one new regulation encompassing the same provisions that are currently included, and
5. update the remaining exclusion regulations for clarity

Amendments would be made to the following regulations:

• Ontario Hydro Nuclear Facilities Exclusion from Part I of the Canada Labour Code Regulations (Industrial Relations)
• Ontario Hydro Nuclear Facilities Exclusion from Part II of the Canada Labour Code Regulations (Occupational Health and Safety)
• Ontario Hydro Nuclear Facilities Exclusion from Part III of the Canada Labour Code Regulations (Labour Standards)
• Ontario Hydro Nuclear Facilities Exclusion Regulations (Use of Tobacco)
• Uranium Mines (Ontario) Employment Exclusion Order
• Point Lepreau, New Brunswick Nuclear Facility Exclusion Regulations (Parts I, II and III of the Canada Labour Code and the Non-Smokers’ Health Act), and
• Saskatchewan Uranium Mines and Mills Exclusion Regulations (Canada Labour Code and Non-Smokers Health Act)

Potential impacts on Canadians, including businesses

The proposed regulations would not impact Canadian small businesses. The proposed amendments would not impose administrative burden on business. This proposal would result in a net reduction of four regulations counted under the "one-for-one" rule.

Regulatory cooperation efforts (domestic and international)

The Labour Program has been engaging with representatives from the Canadian Nuclear Safety Commission and the provinces of Ontario, New Brunswick, and Saskatchewan to discuss changes to the regulations regarding nuclear power plants and uranium mines.

Consultations

The Labour Program held consultations with concerned stakeholders in summer 2019.

Additional consultation sessions with industry stakeholders were held in September 2023.

The proposed amendments were pre-published in Part I of the Canada Gazette for public comments in April 2024.

The final regulations are expected to be published in Part II of the Canada Gazette in spring 2025.

Consequential amendments

This regulatory initiative will not require consequential amendments to Schedule 1 of the Administrative Monetary Penalties (Canada Labour Code) Regulations.

Further information

Consult Acts and Regulations for further information on acts and regulations administered by the Labour Program.

Departmental contact information

Danijela Hong
Director General
Workplace Directorate, Labour Program
danijela.hong@labour-travail.gc.ca

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

August 30, 2019

Enabling act

The Canada Labour Code (the Code) provides authority for this proposed regulatory initiative.

Description

The objective of amending the Oil and Gas Occupational Safety and Health Regulations (OGOSHR) is to update outdated provisions and standards. These include:

• update and align current provisions as needed with the Canada Occupational Health and Safety Regulations (COHSR), Maritime Occupational Health and Safety Regulations (MOHSR) and the Atlantic Offshore Accords and regulations
• update references to the most recent Canadian and international standards, and
• correct inconsistencies between the English and French versions, as well as ambiguities raised by the Standing Joint Committee for the Scrutiny of Regulations (SJCSR)

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

The Labour Program conducted consultations with stakeholders from federally regulated industries in 2017. Further consultations may take place in 2025.

Many regulatory amendments to OGOSHR sections are being made through other initiatives. These other amendments will harmonize, update and correct multiple provisions, which intersect with this initiative.

The pre-publication date of the proposed regulations in Part I of the Canada Gazette has yet to be determined.

Consequential amendments

This regulatory initiative will be reviewed for consequential amendments to Schedule 1 of the Administrative Monetary Penalties (Canada Labour Code) Regulations.

Further information

Consult Acts and Regulations for further information on acts and regulations administered by the Labour Program.

Departmental contact information

Danijela Hong
Director General
Workplace Directorate, Labour Program
danijela.hong@labour-travail.gc.ca

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

October 1, 2015