Summary#

This bill changes the Criminal Code and the Canada Labour Code. It creates new crimes for intimidating health workers or blocking access to health care. It also expands bereavement leave for the death of a child or a stillbirth and gives many workers up to 10 paid sick days each year.

• Creates new offences for intimidation around health services and for blocking access to health-care sites, with penalties up to 10 years in prison (Criminal Code s.423.2(1)–(3)).
• Protects peaceful information-sharing near clinics by adding a narrow defence for attending only to obtain or communicate information (s.423.2(4)).
• Requires judges to treat crimes against health workers or crimes that impede access to care as aggravating at sentencing (s.718.2(a)(iii.2), (vii)).
• Gives employees covered by the Canada Labour Code up to 10 paid medical leave days per year, with accrual rules, carry-forward, and doctor’s note rules (Canada Labour Code s.239(1.2)–(1.6)).
• Extends bereavement leave to up to 8 weeks for the death of a child or a stillbirth, with defined time windows (s.210(1.01)–(1.03)).
• Repeals the “personal leave” option specifically for illness or injury, replacing it with the new paid medical leave (s.206.6(1)(a) repealed).

What it means for you#

• Households and patients

  • People cannot legally block your way into a hospital, clinic, or other place that provides health services (s.423.2(2)).
  • People cannot legally try to scare you away from getting care (s.423.2(1)(a)).
  • Peaceful attendance to share or obtain information remains allowed if it does not block access or intimidate (s.423.2(4)).
  • Courts can give tougher sentences when crimes target health workers or stop access to care (s.718.2(a)(iii.2), (vii)).

• Health professionals and those who assist them

  • You are protected from intimidation meant to impede your work, with penalties up to 10 years (s.423.2(1)(b)–(c), (3)).
  • The new offence is added to investigation and bail provisions, which can affect release conditions and investigative tools with court approval (s.183; s.487.04(c); s.515(4.1), (4.3)).

• Workers covered by the Canada Labour Code (federally regulated workplaces)

  • You can earn up to 10 paid medical leave days per calendar year (s.239(1.2)).
  • Accrual: after 30 days with your employer, you get 3 paid days; after 60 days, you earn 1 day at the start of each month, up to 10 (s.239(1.2)(a)–(b)). In later years, you earn 1 day per month, up to 10 (s.239(1.2)(c)).
  • Unused paid days carry forward to January 1 and reduce how many new days you can earn that year (s.239(1.4)).
  • Paid days are paid at your regular wage for your normal hours (s.239(1.3)).
  • Your employer may require a doctor’s note only if you take 5 or more consecutive paid days, and they must ask within 15 days after you return (s.239(1.6)). For unpaid medical leave of 3+ days, a note may also be required (s.239(2)).
  • Employers may require that each leave period be at least one full day (s.239(1.5)).
  • The old personal leave specifically for illness or injury is repealed; illness is now covered under medical leave with pay (s.206.6(1)(a) repealed; s.239).

• Parents who lose a child or experience a stillbirth

  • You can take up to 8 weeks of job-protected leave for the death of your child (under 18 or a person for whom you receive the Canada caregiver credit) (s.210(1.01), (1.03)).
  • You can take up to 8 weeks of job-protected leave for a stillbirth, if you, your spouse/partner experienced it, or you would have been a parent of the child (s.210(1.02), (1.03)).
  • These leaves must be taken within set windows after the death or stillbirth and related services (s.210(1.01), (1.02)).

• Employers covered by the Canada Labour Code

  • You must track and pay up to 10 days of medical leave per employee per year as they accrue (s.239(1.2)–(1.4)).
  • Paid leave counts as wages for all purposes (s.239(1.3)).
  • You may set a minimum leave increment of one day and may request certificates as allowed (s.239(1.5)–(2)).
  • Cabinet may make regulations defining terms or modifying how paid medical leave applies to certain classes of employees to reflect work practices, while keeping substantially equivalent accrual (s.239(13)).

• Timing

  • Some parts take effect 30 days after Royal Assent; others start on dates set by Cabinet by order (Coming into Force (1)–(3)).

Expenses#

Estimated net cost: Data unavailable.

• Federal budget appropriations: No explicit appropriations in the bill text. Data unavailable.
• Enforcement and justice system costs from new Criminal Code offences: Data unavailable.
• Employer wage costs for paid medical leave (up to 10 days/employee/year) fall on federally regulated employers, not the federal treasury (s.239(1.3)). Data unavailable.
• Regulatory development and administration (to define terms or modify application by class): Data unavailable.

Proponents' View#

• Protects access to health care and worker safety by criminalizing intimidation and obstruction near health services (s.423.2(1)–(2)).
• Provides strong deterrence with penalties up to 10 years for serious cases (s.423.2(3)).
• Preserves peaceful expression by allowing attendance to obtain or share information, so long as it does not block access or intimidate (s.423.2(4)).
• Supports public health and income security by guaranteeing up to 10 paid medical leave days per year, so workers can stay home when ill without losing pay (s.239(1.2)–(1.4)).
• Recognizes the impact of crimes against health workers and those that block care by making them aggravating factors at sentencing (s.718.2(a)(iii.2), (vii)).
• Gives grieving parents more time off work after the death of a child or a stillbirth, aligning leave with the gravity of these events (s.210(1.01)–(1.03)).

Opponents' View#

• Free-expression risk: the phrase “intent to provoke a state of fear” may be hard to assess, which could chill lawful protest even with the defence for information-sharing (s.423.2(1), (4)). Assumes enforcement will err on the side of restriction.
• Penalty proportionality: maximum 10-year penalty may be seen as too harsh for some obstruction incidents (s.423.2(3)). Assumes prosecutors will seek severe penalties beyond serious cases.
• Employer burden: paying for up to 10 sick days adds wage and administrative costs, especially for smaller firms in federally regulated sectors (s.239(1.2)–(1.5)). Data on total cost is unavailable.
• Accrual gap for new hires: workers get no paid days until 30 days of service, which could leave very new employees without paid coverage for short illnesses (s.239(1.2)(a)–(b)). Assumes other leave options are insufficient.
• Flexibility concern: Cabinet can modify how paid medical leave applies to classes of employees, which could weaken benefits for some groups through regulation (s.239(13)(b)). Assumes future regulations will narrow coverage.