Labour Program Forward Regulatory Plan: 2021 to 2023

This Forward Regulatory Plan informs the public of regulatory initiatives the Labour Program aims to propose or finalize in the next 2 years through:

pre-publication in the Canada Gazette, Part I
final publication in the Canada Gazette, Part II

The Forward Regulatory Plan may also include regulatory initiatives the Labour Program plans to bring forward over a longer time frame. Interested parties may comment or make inquiries using the contact information included with each regulatory initiative.

Note: Consequential amendments to the Administrative Monetary Penalties (Canada Labour Code) Regulations may accompany new statutory or regulatory requirements, if required. Schedules I and II of these Regulations designate and classify each obligation under Part II and Part III of the Canada Labour Code and the associated regulations, based on the severity of the violation. The classification determines the base amount of the administrative monetary penalty and, in certain circumstances, public naming.

Regulatory initiatives

Developing COVID-19 Vaccination Regulations under the Canada Labour Code
Regulations Respecting Exemptions from and/or Modifications to the Hours of Work Provisions under Part III of the Canada Labour Code – Modernizing Federal Labour Standards
Amending the Canada Labour Standards Regulations – Equal Treatment and Temporary Help Agencies under the Canada Labour Code – Modernizing Federal Labour Standards
Amending the Canada Labour Standards Regulations – Termination of Employment under the Canada Labour Code – Modernizing Federal Labour Standards
Regulations Amending Certain Regulations Made Under the Canada Labour Code – Respiratory Protective Devices
Amending the Canada Labour Standards Regulations – Long-Term Disability Plans
Amending the Canada Labour Standards Regulations – Service of Documents and Regular Rate of Wages
Consequential Amendments to the Canada Labour Standards Regulations, the Standards for Work-Integrated Learning Activities and Administrative Monetary Penalties (Canada Labour Code) Regulations – Modernizing Federal Labour Standards
Amending the Canada Labour Standards Regulations in Support of the Reimbursement of Work-related Expenses and the Statement of Employment Conditions – Modernizing Federal Labour Standards
Amending the Canada Labour Standards Regulations – Updating the Minimum Age of Employment – Modernizing Federal Labour Standards
Amending the Canada Occupational Health and Safety Regulations – Addressing Workplace Hazardous Substances (Thermal Stress, Nanoparticles and Ultraviolet Radiation)
Amending the Canada Occupational Health and Safety Regulations – Updating Part VII – Levels of Sound
Amending the Motor Vehicle Operators Hours of Work Regulations
Amending the Nuclear Exclusion Regulations
Amending Occupational Health and Safety Regulations - Provision of Menstrual Products in the Workplace
Amending 6 Occupational Health and Safety Regulations – Reporting Requirements and Comments from the Standing Joint Committee for the Scrutiny of Regulations (SJCSR)
Amending the Oil and Gas Occupational Safety and Health Regulations – Updating Provisions and Standards
Developing Administrative Monetary Penalties Regulations under the Pay Equity Act

Developing COVID-19 Vaccination Regulations under the Canada Labour Code

Enabling act(s)

The authority for this regulatory initiative is provided under:

the Canada Labour Code (the Code)

Description

COVID-19 remains a hazard that threatens the occupational health and safety of federally regulated employees in the workplace. Through new, standalone Regulations under Part II of the Code the Government will require vaccination of federally regulated employees, except under very limited circumstances.

The new Regulations will complement existing occupational health and safety measures, such as masking, handwashing and physical distancing, to provide further protection against the risk of transmission of COVID-19 in the workplace.

Potential impacts on Canadians, including businesses

Employers in the federal jurisdiction are expected to be impacted by the establishment of the Regulations that will require COVID-19 vaccination of their employees.

The “one-for-one” rule and the small business lens may apply.

Canadians working in the federal jurisdiction are expected to benefit from the protection afforded by increased COVID-19 vaccination rates, reduced transmission of COVID-19 in the workplace and, by extension, in their communities. When transmission does occur, those who are vaccinated are expected to benefit from reduced negative health outcomes.

Regulatory cooperation efforts (domestic and international)

Regulatory cooperation efforts will require the cooperation and support of Transport Canada, Natural Resources Canada, Indigenous Services Canada and the Canada Energy Regulator.

This regulatory initiative is not part of a formal bilateral agreement.

Consultations

Consultations with federally regulated stakeholders, including employer and employee representatives, were held in December 2021. The regulations could be directly published in Canada Gazette Part II, and come into force early in 2022.

Consequential amendments

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

Further information

Further information may be posted on the Labour Program’s Acts and Regulations webpage.

Departmental contact information

Brenda Baxter
Director General
Workplace Directorate, Labour Program
613-889-8858
brenda.baxter@labour-travail.gc.ca

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

December 10, 2021

Regulations Respecting Exemptions from and/or Modifications to the Hours of Work Provisions under Part III of the Canada Labour Code – Modernizing Federal Labour Standards

Enabling act(s)

The authority for this proposed regulatory initiative is provided under:

the Canada Labour Code (the Code)
the Budget Implementation Act, 2017, No. 2 (Bill C-63), and
the Budget Implementation Act 2018, No. 2 (Bill C-86)

Description

Bill C-63 and Bill C-86 introduced new hours of work rules to Division I of the Code. The objective of the proposed regulations is to enable flexibility in their implementation.

Amendments to the hours of work rules in Division I of Part III of the Code came into force on September 1, 2019. These amendments include new requirements for employers to provide:

at least 96 hours’ written notice of work schedules
at least 24 hours’ written notice of shift changes or additions
unpaid break of at least 30 minutes during every period of 5 consecutive hours of work, and
rest period of 8 consecutive hours between work periods or shifts

The Governor in Council may make regulations under authorities provided in Part III of the Code:

modifying provisions in Division I (Hours of Work) if the application of those sections without modification would be:
- unduly prejudicial to the interests of certain classes of employees, or
- seriously detrimental to the operation of the industrial establishment, and
exempting certain classes of employees from any Division I provision if it cannot reasonably be applied to that class of employee

Further to feedback from stakeholders in continuous, 24/7 operations, it will be necessary in limited circumstances to either modify or exempt certain classes from the new hours of work rules.

The legislative amendments also introduced a new limited right for employees to refuse overtime work for responsibilities including:

the health or care of a family member, or
the education of a family member who is under 18 years of age

No exemptions or modifications to this limited right to refuse overtime are being considered at this time.

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)

This regulatory initiative is not part of a formal bilateral agreement.

Consultations

Between May and August of 2019, regulatory consultations were held with federally regulated stakeholders including employer and employee representatives. Additional consultations were held to inform the development of the regulations in February and March of 2020, with further consultations held in the fall of 2020 and winter of 2021. The regulations are being developed in 2 phases:

road transportation, postal and courier, marine (pilotage, marine transportation, long shoring), and grain (handling/elevators and milling) sectors:
- the regulations were pre-published in Part I of the Canada Gazette on December 19, 2020
- the regulations were published in Part II of the Canada Gazette on September 1, 2021
- the Exemptions from and Modifications to Hours of Work Provisions Regulations came into force on February 1, 2022
air and rail transportation, banking, and telecommunications and broadcasting sectors:
- the proposed regulations were pre-published in Part I of the Canada Gazette on December 25, 2021 for a 60-day comment period and publication in the Canada Gazette Part II is expected in fall 2022.

Consequential amendments

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

Further information

The What We Heard Report summarizes the views expressed by stakeholders during legislative consultations. Further information may be posted on the Labour Program’s Acts and Regulations webpage.

Departmental contact information

Brenda Baxter
Director General
Workplace Directorate, Labour Program
613-889-8858
brenda.baxter@labour-travail.gc.ca

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

April 1, 2020

Amending the Canada Labour Standards Regulations – Equal Treatment and Temporary Help Agencies under the Canada Labour Code – Modernizing Federal Labour Standards

Enabling act(s)

The authority for this proposed regulatory initiative is provided under:

the Canada Labour Code (the Code) and
the Budget Implementation Act, 2018, No.2

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 or promotion opportunities

The proposed amendments to Part III to 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

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

Consequential amendments

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

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 federally regulated stakeholders, including employer and employee representatives. To inform the development of the regulations, the Labour Program launched a consultation with stakeholders on December 21, 2021, which will conclude on February 21, 2022.

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

Further information

Further information may be posted on the Labour Program’s Acts and Regulations webpage.

Departmental contact information

Brenda Baxter
Director General
Workplace Directorate, Labour Program
613-889-8858
brenda.baxter@labour-travail.gc.ca

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

April 1, 2020

Amending the Canada Labour Standards Regulations – Termination of Employment under the Canada Labour Code – Modernizing Federal Labour Standards

Enabling act(s)

The authority for this proposed regulatory initiative is provided under:

the Canada Labour Code (the Code), and
the Budget Implementation Act, 2018, No.2

Description

The objective of these regulations is to support amendments to Part III of the Code not yet in force. The regulations intend to update individual and group termination of employment provisions. This is to ensure that employees receive sufficient notice and/or compensation when their jobs are terminated, to help protect their financial security.

The amendments to the Code include the following termination provisions:

updating group termination of employment provisions to allow employers to provide:
- pay in lieu of the required 16-week group termination notice, or
- a combination of notice and pay in lieu, and
creating a graduated notice of individual termination of employment that will increase based on the employee’s continuous length of service

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

exempting employers from the application of group termination of employment provisions, and
establishing the value of transitional support measures in a group termination of employment, and defining other related terms

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 federally regulated stakeholders, including employer and employee representatives. The coming into force of individual termination provisions is targeted for 2022.

Regulations related to group termination of employment are expected to be pre-published in Part I of the Canada Gazette. The pre-publication date has yet to be determined.

Consequential amendments

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

Further information

Further information may be posted on the Labour Program’s Acts and Regulations webpage.

Departmental contact information

Brenda Baxter
Director General
Workplace Directorate, Labour Program
613-889-8858
brenda.baxter@labour-travail.gc.ca

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

April 1, 2020

Regulations Amending Certain Regulations Made Under the Canada Labour Code – Respiratory Protective Devices

Enabling act(s)

The following regulations provide authority for this proposed regulatory initiative:

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), under Part II of the Canada Labour Code (the Code)

Description

The proposed regulatory amendments to the COHSR, MOHSR, OGOSHR, and OTOHSR will incorporate the CSA Group’s new standard and certification referred to as the ‘CSA Group Standard Z94.4.1, Performance Standard for Filtering Respirators’ (the Standard) on an indeterminate basis. This will provide an alternative option to the United States National Institute for Occupational Safety and Health (NIOSH) certified respiratory protective devices (devices) in federally regulated workplaces where there is a risk of an airborne hazardous substance. Employers will have the choice to provide NIOSH or CSA Group certified devices when required under the Regulations.

Potential impacts on Canadians, including businesses

The proposed regulatory amendments are not expected to have any compliance and administrative costs. The small business lens will apply as small businesses will have the choice between providing NIOSH or CSA Group certified devices. In addition, the "one-for-one" rule will not apply as there is no incremental change in administrative burden on business and no regulatory titles are repealed or introduced.

Regulatory cooperation efforts (domestic and international)

The proposed regulatory amendments will support the coordinated efforts that came to light as a result of the COVID-19 pandemic. This will:

further expand and create greater opportunities to protect workers across Canadian provinces and territories, and
establish a domestic supply chain to protect against shortages in the future

An objective of the Regulatory Reconciliation and Cooperation Table (RCT) is to oversee the regulatory reconciliation process and promote regulatory cooperation across Canada. Specifically, the RCT ensures OHS Regulations in all 14 jurisdictions in Canada incorporate the Standard. The Regulations will fulfill the Labour Program’s obligation under the RCT agreement.

Consultations

In November 2020, the CSA Group began its work to develop the Standard after an assessment was undertaken with Health Canada, Natural Research Council, the Public Health Agency of Canada and the Standards Council of Canada. These organizations identified the need for Canadian standard equivalent to NIOSH. The Standard was posted for a 60-day public comment period from March 29, 2021 to May 29, 2021.

The Labour Program is consulting the following departments throughout the regulatory process:

Health Canada
the Public Health Agency of Canada
Transport Canada
Natural Resources Canada
Indigenous Services Canada
Global Affairs Canada
Crown-Indigenous Relations and Northern Affairs Canada, and
the Canada Energy Regulator

Overall, consultations with stakeholders demonstrated support for these proposed regulatory amendments. Stakeholders agreed there is a need for a new performance standard and certification for the manufacturing of devices in Canada. Publication in Part II of the Canada Gazette is expected by winter 2022. Coming into force is anticipated on the day on which the regulations are registered.

Consequential amendments to the Administrative Monetary Penalties (Canada Labour Code) Regulations will also be made. These amendments will reflect the provisions of the proposed amendments.

Further information

Further information may be posted on the Labour Program’s Acts and Regulations webpage.

Departmental contact information

Brenda Baxter
Director General
Workplace Directorate, Labour Program
613-889-8858
brenda.baxter@labour-travail.gc.ca

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

August 4, 2021

Amending the Canada Labour Standards Regulations – Long-Term Disability Plans

Enabling act(s)

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. These are limited situations under which certain employers, such as Crown corporations, may provide benefits to its 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 additional regulatory changes related to LTD plan, the Labour Program launched consultations with stakeholders on December 21, 2021, which will conclude on February 21, 2022. The proposed regulations are expected to be pre-published in Part I of the Canada Gazette in 2022.

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

Further information may be posted on the Labour Program’s Acts and Regulations webpage.

Departmental contact information

Brenda Baxter
Director General
Workplace Directorate, Labour Program
613-889-8858
brenda.baxter@labour-travail.gc.ca

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

April 1, 2021

Amending the Canada Labour Standards Regulations – Service of Documents and Regular Rate of Wages

Enabling act(s)

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

Description

The objective of the proposed amendments to the Canada Labour Standards Regulations (the Regulations) is to modernize certain provisions under Part III of the Code. These provisions relate to the service of documents by allowing for electronic and substitutional service and for more forms of proof of service.

The proposed Regulations will:

clarify the calculation of wages in situations where employees are required to participate in hearings of the Canada Industrial Relations Board (CIRB) and are normally compensated in ways other than an hourly rate
establish the manner of service of documents to employers, allowing service to be carried out electronically, and
allow for a certificate signed by the Minister or Head of Compliance and Enforcement to serve as proof that service has been carried out in cases where the individual or organization cannot be reached

These provisions would include the service of documents such as:

internal audit orders
compliance orders
orders to pay, including notices of unfounded complaints and notices of voluntary compliance
reviews of payment orders or notices
notices to furnish information

The proposed Regulations will also outline the calculation of employee wages where an employee is normally compensated in a way other than an hourly rate for an appearance before the CIRB. For example, when an employee is paid a commission, haulage, or mileage rate, the Regulations will provide a formula to aid in calculating a rate of wages.

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 launched consultations with federally regulated stakeholders on December 21, 2021, including employer and employee representatives. The consultations will conclude on February 21, 2022.

The proposed regulations are expected to be pre-published in Part I of the Canada Gazette in 2022.

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

Further information may be posted on the Labour Program’s Acts and Regulations webpage.

Departmental contact information

Brenda Baxter
Director General
Workplace Directorate, Labour Program
613-889-8858
brenda.baxter@labour-travail.gc.ca

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

April 1, 2021

Consequential Amendments to the Canada Labour Standards Regulations, the Standards for Work-Integrated Learning Activities and Administrative Monetary Penalties (Canada Labour Code) Regulations – Modernizing Federal Labour Standards

Enabling act(s)

The authority for this proposed regulatory initiative is provided under:

the Canada Labour Code (the Code)
Budget Implementation Act 2017, No. 2 (Bill C-63), and
Budget Implementation Act 2018, No. 2 (Bill C-86)

Description

The objective of the technical and consequential amendments to the Canada Labour Standards Regulations (CLSR), the Standards for Work-Integrated Learning Activities Regulations (SWILAR) and the Administrative Monetary Penalties (Canada Labour Code) Regulations (AMPs Regulations) is to align them with changes to the Code in:

Bill C-63, and
Bill C-86

Legislative changes, which came into force on September 1, 2019, and September 1, 2020, include amendments to:

modify hours of work provisions, such as the requirement to provide employees with advanced notice of schedule and shift changes
reduce or eliminate length of service requirements for most leaves
add a fourth week of annual vacation for employees with 10 years of service
add a new leave for court or jury duty
expand medical leave to include medical appointments and organ or tissue donation
expand reservist leave provisions, and
limit unpaid internships in the federally regulated private sector to only those that are part of an educational program

Amendments to the CLSR in support of changes to the Code came into force on September 1, 2019. The new SWILAR as well as legislative provisions respecting interns came into force on September 1, 2020. Additional regulatory amendments are required to:

establish record-keeping requirements necessary to enable implementation and enforcement of the Code amendments, and
make technical amendments to align the Regulations with Code amendments

Potential impacts on Canadians, including businesses

There is a low impact on business as employers must already keep similar records for other provisions. The “One-for-one” Rule applies since:

there is an incremental increase in administrative burden on business, and
the Rule considers the proposed amendments an “IN”

Regulatory cooperation efforts (domestic and international)

This regulatory initiative is not part of a formal bilateral agreement.

Consultations

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

The proposed regulations were pre-published in Part I of the Canada Gazette on June 26, 2021 for a 30-day comment period. Final publication of the regulations in Part II of the Canada Gazette is targeted for the winter of 2022.

Consequential amendments

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

Further information

Further information may be posted on the Labour Program’s Acts and Regulations webpage.

Departmental contact information

Brenda Baxter
Director General
Workplace Directorate, Labour Program
613-889-8858
brenda.baxter@labour-travail.gc.ca

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

April 1, 2019

Amending the Canada Labour Standards Regulations in Support of the Reimbursement of Work-Related Expenses and the Statement of Employment Conditions – Modernizing Federal Labour Standards

Enabling act(s)

The authority for this proposed regulatory initiative is provided under:

the Canada Labour Code (the Code), and
the Budget Implementation Act, 2018, No.2 (Bill C-86)

Description

The objective of the proposed amendments to the Canada Labour Standards Regulations is to support the amendments to Part III of the Code. These Code amendments are not yet in force and were enacted to:

ensure fair treatment and compensation for employees, including those in precarious work, and
enhance employer and employee knowledge of Part III rights and obligations

Under the Code amendments, employers must:

provide employees with information respecting employer and employee rights and obligations under Part III of the Code, within 30 days of their employment
reimburse their employees for reasonable work-related expenses subject to certain exceptions and within time limits set out under a collective agreement or other written agreement
provide each of their employees with a written statement containing information relating to their employment, within the first 30 days of their employment
ensure the material is readily accessible to employees, and
provide an up-to-date version of this material to former employees in the event of their termination

The Code provides authority for the Governor in Council to make regulations:

prescribing the information that must be included in a statement of employment conditions, and
prescribing factors to consider in determining if an expense is work-related and/or reasonable

The Governor in Council will determine which day the regulatory amendments will come into force.

Potential impacts on Canadians, including businesses

These regulations are expected to have incremental 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 with federally regulated stakeholders between June and August of 2019, including employer and employee representatives.

Stakeholders will have an opportunity to comment on the proposed regulations during pre-publication in Part I of the Canada Gazette which is anticipated for the spring of 2022.

Consequential amendments

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

Further information

Further information may be posted on the Labour Program’s Acts and Regulations webpage.

Departmental contact information

Brenda Baxter
Director General
Workplace Directorate, Labour Program
613-889-8858
brenda.baxter@labour-travail.gc.ca

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

January 7, 2021

Amending the Canada Labour Standards Regulations – Updating the Minimum Age of Employment – Modernizing Federal Labour Standards

Enabling act(s)

The authority for this proposed regulatory initiative is provided under:

the Canada Labour Code (the Code), and
the Budget Implementation Act, 2018, No.2

Description

The objective of the proposed amendments to the Canada Labour Standards Regulations is to support the amendments to Part III of the Code. These Code amendments are not yet in force.

The amendments to the Code include the following changes:

raising the minimum age of employment in hazardous occupations from 17 to 18, and
expanding the authority to create regulations that specify the occupations in which persons under the age of 18, or any class of persons under that age, may be employed, and fixing the conditions of that employment

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

Potential impacts on Canadians, including businesses

These regulations may have incremental 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 with federally regulated stakeholders, between June and August of 2019.

The proposed regulations are expected to be pre-published in Part I of the Canada Gazette for the spring of 2022.

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

Further information may be posted on the Labour Program’s Acts and Regulations webpage.

Departmental contact information

Brenda Baxter
Director General
Workplace Directorate, Labour Program
613-889-8858

brenda.baxter@labour-travail.gc.ca

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

January 7, 2021

Amending the Occupational Health and Safety Regulations – Addressing Workplace Hazardous Substances (Thermal Stress, Nanoparticles and Ultraviolet Radiation)

Enabling act(s)

The following regulations provide authority for this proposed regulatory initiative:

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), under Part II of the Canada Labour Code (the Code)

Description

The proposed regulatory amendments to the following, address health and safety requirements for hazardous substances in the workplace:

AOHSR
COHSR
MOHSR
OGOSHR, and
OTOHSR under Part II of the Code

The objective of the proposed amendments is to improve the health and safety of federally regulated employees by updating the exposure limits and regulatory requirements. These amendments are adding new requirements related to:

thermal stress
nanoparticles and ultraviolet radiation
clarifying ambiguous regulatory text to reflect best practices, and
improving consistency with other provisions within the AOHSR, COHSR, MOHSR, OGOSHR, and OTOHSR and guidelines of Health Canada

Potential impacts on Canadians, including businesses

These regulations are expected to benefit Canadian workers in the federal jurisdiction by mitigating exposure to hazardous substances in the workplace. Impacts on Canadians and businesses have been identified. The “one-for-one” rule and the small business lens apply.

Regulatory cooperation efforts (domestic and international)

The United States of America (U.S.) have regulations from both state and federal levels, and in general, Canada and U.S. have similar requirements. The U.S. is finalizing similar requirements for nanoparticles. Both Canada’s regulations and the U.S.’s rules concerning exposure to ultra violet radiation reference the same standard. The proposed amendment would align with U.S. regulations to maintain records for 30 years.

Consultations

Federally regulated employers and employees 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. The timing for stakeholder consultations is to be determined, given current circumstances related to COVID-19 and pressures being experienced by stakeholders at this time.

Stakeholders will have the opportunity to comment on the proposed amendments during pre-publication in Part I of the Canada Gazette, expected for the spring of 2022.

Consequential amendments

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

Further information

Further information may be posted on the Labour Program’s Acts and Regulations webpage.

Departmental contact information

Brenda Baxter
Director General
Workplace Directorate, Labour Program
613-889-8858
brenda.baxter@labour-travail.gc.ca

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

October 1, 2015

Amending the Canada Occupational Health and Safety Regulations – Updating Part VII – Levels of Sound

Enabling act(s)

Part VII of the Canada Occupational Health and Safety Regulations (COHSR)
Part 2 of the Aviation Occupational Health and Safety Regulations (AOHSR), and Part IV of the On Board Trains Occupational Health and Safety Regulations (OTOHSR)
Part 12 of the Maritime Occupational Health and Safety Regulations (MOHSR), and
Part VIII of the Oil and Gas Occupational Health and Safety Regulations (OGOSHR), under Part II of the Canada Labour Code (the Code)

Description

The following prescribes the health and safety requirements for employers and employees with respect to the exposure to sound:

Part VII of the COHSR
Part 2 of the AOHSR
Part IV of the OTOHSR
Part 12 of the MOHSR, and
PART VIII of the OGOHSR under Part II of the Code

The proposed amendments aim to facilitate compliance with the regulations by:

amending the reference to an outdated standard
clarifying ambiguous regulatory text
simplifying the language and providing a more basic duration unit
reducing the risk of hearing impairment by updating exposure limits and thresholds, and
adopting surveillance measures consistent with scientific knowledge

The proposed amendments will reflect current best practices on noise control and hearing loss prevention programming.

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 amendments would harmonize the exposure limits and surveillance measures with those in several provincial jurisdictions.

Consultations

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

Targeted consultations with external stakeholders representing federally regulated employers and employees were held in the fall of 2020.

Stakeholders will have further opportunity to comment on the proposed regulations when they are pre-published in Part I of the Canada Gazette, anticipated for 2022.

Consequential amendments

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

Further information

Further information may be posted on the Labour Program’s Acts and Regulations webpage.

Departmental contact information

Brenda Baxter
Director General
Workplace Directorate, Labour Program
613-889-8858
brenda.baxter@labour-travail.gc.ca

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

August 30, 2019

Amending the Motor Vehicle Operators Hours of Work Regulations

Enabling act(s)

Part III of the Canada Labour Code (the Code) provides the authority for this proposed regulatory initiative.

Description

The objectives of the proposed amendments are to modernize and improve the clarity of the Motor Vehicle Operators Hours of Work Regulations. They have remained largely unchanged since coming into force in 1973.

Regulatory authorities provided in Part III of the Code enable the Governor in Council to make regulations:

modifying provisions in Division I (Hours of Work) if the application of those sections without modification would be unduly prejudicial to the interests of certain classes of employees or seriously detrimental to the operation of the industrial establishment
exempting certain classes of employees from any Division I provision if it cannot reasonably be applied to that class of employee, providing for the calculation of hours worked by employees of any class, and
calculating and determining wages received by an employee

The scope and timing of any changes to the regulations are currently being reconsidered based on feedback received from stakeholders following consultations in February of 2021.

In addition to the regulatory review, the Labour Program, in collaboration with the Canada School of Public Service, the Department of Justice, and the Community of Federal Regulators intends to publish the updated regulations in machine-readable code that could be incorporated into employer payroll systems. This “rules as code” project is part of the Digitalization and Technology-Neutral Regulations Roadmap (the Roadmap), stemming from a Budget 2018 announcement for targeted regulatory reviews of regulatory requirements and practices that are bottlenecks to economic growth and innovation. The Roadmap outlines a suite of actions to advance digitalization in the regulatory space and support regulations that avoid prescribing any particular technology that must be used to comply with regulatory measures. It also identifies opportunities to simplify the regulatory process to reduce burden and to ensure that regulations do not impede the use of new technologies.

Potential impacts on Canadians, including businesses

These proposed amendments are expected to have incremental 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 regulatory consultations with employer and employee representatives in the road transportation sector in February 2021 to guide the development of proposed changes.

The regulations are expected to be pre-published in Part I of the Canada Gazette in a timeframe mutually determined with stakeholders.

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

Further information may be posted on the Labour Program’s Acts and Regulations webpage.

Departmental contact information

Brenda Baxter
Director General
Workplace Directorate, Labour Program
613-889-8858
brenda.baxter@labour-travail.gc.ca

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

January 7, 2021

Amending the Nuclear Exclusion Regulations

Enabling act(s)

Description

There are 4 main objectives of the proposed amendments:

ensure that the current definition of “nuclear facility” in the Ontario Exclusion Regulations can apply to all organizations who operate nuclear facilities and power generation facilities in Ontario
apply the provincial Fire Protection and Prevention Act to those that conduct firefighting activities at nuclear facilities, providing greater clarity surrounding their right to refuse dangerous work
combine the current exclusions for Ontario under one exclusion to streamline and clarify language
update the remaining exclusion regulations for clarity

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)

Data sharing is taking place with Ontario, New Brunswick and Saskatchewan to best align regulatory amendments with relevant provincial regulations. The proposed amendments are administrative in nature.

Consultations

The Labour Program held consultations with concerned stakeholders in summer 2019. Stakeholders will be re-engaged prior to Publication.

Pre-publication in Part I of the Canada Gazette is expected in the spring of 2022.

Consequential amendments

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

Further information

Further information may be posted on the Labour Program’s Acts and Regulations webpage.

Departmental contact information

Brenda Baxter
Director General
Workplace Directorate, Labour Program
613-889-8858
brenda.baxter@labour-travail.gc.ca

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

August 30, 2019

Amending Occupational Health and Safety Regulations - Provision of Menstrual Products in the Workplace

Enabling act(s)

Canada Occupational Health and Safety Regulations (COHSR)
Aviation Occupational Health and Safety Regulations (AOHSR)
On Board Trains Occupational Health and Safety Regulations (OTOHSR)
Maritime Occupational Health and Safety Regulations (MOHSR), and
Oil and Gas Occupational Safety and Health Regulations (OGOSHR), under Part II of the Canada Labour Code (the Code)

Description

The objective of the proposed amendments is to require federally regulated employers to provide menstrual products in the workplace. This will reduce the health risks that may be caused by the lack of access to menstrual products in the workplace. This will be done by amending the sanitation provisions under the various occupational health and safety regulations under Part II of the Code.

An administrative recognition of all-gender toilets (including unisex and gender-neutral toilets) may be included to ensure they count towards the requirements for the number of toilets that must be provided in the workplace per number of employees, as set out in the sanitation provisions of the COHSR.

This approach will be developed in multiple phases including:

convening a roundtable of experts on the subject of the provision of menstrual products in the workplace
publishing a summary of findings and survey on the Labour Program website outlining the findings of the roundtable of experts and seeking public feedback, and
conducting consultations with federally regulated stakeholders, to amend all applicable OHS regulations to require employers to provide menstrual products in their workplace and to address the recognition of all-gender toilets

Potential impacts on Canadians, including businesses

Employers in the federal jurisdiction are expected to be impacted by the proposed regulatory amendments due to the proposed requirement to provide menstrual products to their employees. The “one-for-one” rule and the small business lens may apply.

Canadians working in the federal jurisdiction are expected to benefit from this initiative due to the increased availability of free menstrual products in their workplaces.

Regulatory cooperation efforts (domestic and international)

Regulatory cooperation efforts will require the cooperation and support of:

Transport Canada
Natural Resources Canada
Indigenous Services Canada, and
the Canada Energy Regulator

Consultations

The Labour Program invited feedback on the proposed policy through the publication of a Notice of Intent (NOI) in the Canada Gazette on May 4, 2019. The Labour Program published a What We Heard Report on its website in December 2020 summarizing the feedback on the NOI. Forty-two submissions were received.

The Labour Program convened a roundtable of experts on June 8, 2021. A resulting summary of findings and survey on the topic of the provision on menstrual products in federally regulated workplaces was published for public feedback.

The Labour Program will conduct consultations with federally regulated stakeholders following the publication of the paper and survey, in the winter of 2022.

Further information

Further information may be posted on the Labour Program’s Acts and Regulations webpage.

Departmental contact information

Brenda Baxter
Director General
Workplace Directorate, Labour Program
613-889-8858
brenda.baxter@labour-travail.gc.ca

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

May 2019 (removed in 2019) and now included in March 2021

Amending 6 Occupational Health and Safety Regulations – Reporting Requirements and Comments from the Standing Joint Committee for the Scrutiny of Regulations (SJCSR)

Enabling act(s)

Canada Occupational Health and Safety Regulations (COHSR)
Maritime Occupational Health and Safety Regulations (MOHSR)
Aviation Occupational Health and Safety Regulations (AOHSR)
On Board Trains Occupational Health and Safety Regulations (OTOHSR)
Oil and Gas Occupational Safety and Health Regulations (OGOSHR), and
Policy Committees, Work Place Committees and Health and Safety Representatives Regulations, under Part II of the Canada Labour Code (the Code)

Description

The main objective of the proposed amendments is to modernize the reporting requirements by replacing the forms currently included in schedules of the OHS regulations. A list of information will replace the forms that employers must provide to the Labour Program.

Electronic forms for the following reports will be made 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

In addition, other minor amendments will also be made to the OHS regulations to address concerns raised by the Standing Joint Committee for the Scrutiny of Regulations (SJCSR). These changes will help stakeholders better understand the regulations and avoid possible misinterpretation.

Amendments would be made to the following regulations:

COHSR
MOHSR
AOHSR
OTOHSR
OGOSHR, 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 may 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 are 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 for the winter of 2022 with a coming into force anticipated at a later date.

Consequential amendments

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

Further information

Further information may be posted on the Labour Program’s Acts and Regulations webpage.

Departmental contact information

Brenda Baxter
Director General
Workplace Directorate, Labour Program
613-889-8858
brenda.baxter@labour-travail.gc.ca

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

October 1, 2017

Amending the Oil and Gas Occupational Safety and Health Regulations – Updating Provisions and Standards

Enabling act(s)

The Oil and Gas Occupational Safety and Health Regulations (OGOSHR) under Part II of the Canada Labour Code (the Code).

Description

The objective of amending the OGOSHR is to update outdated provisions and standards to ensure that the regulations contain the most current ones. 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 federally regulated employers and employees in 2017.

The regulations are expected to be pre-published in Part I of the Canada Gazette in 2022.

Consequential amendments

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

Further information

Further information may be posted on the Labour Program’s Acts and Regulations webpage.

Departmental contact information

Brenda Baxter
Director General
Workplace Directorate, Labour Program
613-889-8858

brenda.baxter@labour-travail.gc.ca

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

October 1, 2015

Developing Administrative Monetary Penalties Regulations under the Pay Equity Act

Enabling act(s)

Pay Equity Act (PEA)

Description

The objective of these regulations is to deter non-compliance with the PEA through an Administrative Monetary Penalty (AMPs) System. The regulations would also set requirements for maintaining a pay equity plan when there are no predominantly male job classes in the workplace. The AMPs regulations will allow the Pay Equity Commissioner to levy penalties for prescribed violations of:

the legislation, and
the regulations

Potential impacts on Canadians, including businesses

The proactive pay equity regime introduced by the PEA will affect employers with 10 or more employees in the federally regulated private and public sectors. This includes:

the federal public service and separate agencies
Crown Corporations
the Prime Minister’s and ministers’ offices, and
parliamentary institutions

There may be potential impacts on businesses. The “one-for-one” rule and/or the small business lens may apply.

There are no expected significant impacts on international trade or investment.

Regulatory cooperation efforts (domestic and international)

This regulatory initiative is not part of a formal bilateral agreement.

Consultations

Consultations with federally regulated employers and employees and their representatives, as well as special interest groups are expected in 2022. The proposed regulations are anticipated to be pre-published in Part I of the Canada Gazette in 2022.

Further information

Further information may be posted on the Labour Program’s Acts and Regulations webpage.

Departmental contact information

Lori Straznicky
Executive Director, Workplace and Labour Relations Policy Division
Strategic Policy, Analysis and Workplace Information Directorate, Labour Program
613-462-1023

lori.straznicky@labour-travail.gc.ca

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

April 1, 2021