Employer Record-Keeping Rules and Complaint Extensions

Summary#

This is a proposed set of changes, published in the Canada Gazette on June 26, 2021, called the Regulations Amending Certain Regulations Made Under the Canada Labour Code. It would add and clarify employer record-keeping rules, allow some extra time to fix and refile complaints, and make technical updates to align the regulations with recent changes to the Canada Labour Code. Interested people had 30 days from publication to comment.

What it does#

• Adds new record-keeping duties for employers. Examples include keeping notes about:
  • unforeseeable emergencies that meant an employee did not get 24 hours’ notice of a shift change;
  • cancelling or postponing a 30‑minute break;
  • requiring an employee to work so they had fewer than 8 hours of rest between shifts;
  • copies of medical certificates for medical breaks that must show start and end dates;
  • every written work schedule and schedule change given to a student intern, and any intern’s refusal to work when they did not receive 96 hours’ notice.
• Makes failures to keep the new records a designated enforcement violation under the Administrative Monetary Penalties (Canada Labour Code) Regulations (so they can be subject to monetary penalties).
• Lets Labour Program officials extend time limits in some cases so a complaint that was filed on time but had errors can be corrected and refiled. This covers the general filing windows such as six months for many complaints and 90 days for unjust dismissal or genetic testing complaints.
• Fixes wording and cross-references in regulations to match recent Code changes (for example, using “medical leave” instead of “sick leave,” and allowing substitution of any day for a general holiday where allowed).
• Extends an existing work-scheduling record rule to include unpaid interns.

Who's affected#

• Employers and workers covered by the Canada Labour Code — mainly federally regulated industries, such as rail, shipping, airlines and airports, ports, telecommunications and broadcasting, banks, some large industrial operations, and First Nations band councils.
• The government estimates about 19,000 employers, 950,000 employees, and 1,300 unpaid interns in the federal jurisdiction would be affected.
• Small businesses in the federal jurisdiction are a big share of the employers; the estimate was 17,858 small businesses potentially affected.
• Labour Program staff and inspectors who enforce the rules will also be affected because they will use the new records and get updated guidance and training.

Why it matters#

• For workers: clearer record-keeping makes it easier for inspectors to check that employers follow rules on predictable schedules, breaks, minimum rest between shifts, and medical breaks. That can help protect the right to notice, breaks, and time to recover.
• For employers: there will be some extra paperwork and small costs. The government estimated total costs of about $7.9 million (present value) over 10 years, or roughly $1.1 million per year. On average the cost per small business was estimated at about $418 over 10 years (about $60 per year).
• For enforcement: the changes give inspectors clearer evidence to investigate complaints and the authority to impose administrative penalties where records aren’t kept.
• This was a proposed regulation (not yet law when published). The government thought the overall burden would be low and intended the rules to help make scheduling and break rules work in practice.