Second

Session, 50th General Assembly

Charles III, 2024

BILL 82

AN ACT TO AMEND THE

LABOUR STANDARDS ACT

Received

and Read the First Time ................................................................

Second

Reading ............................................................................................

Committee .....................................................................................................

Third

Reading ...............................................................................................

Royal

Assent .................................................................................................

HONOURABLE LISA

DEMPSTER

Minister of

Responsible for Labour

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Labour

Standards Act to

include unpaid long-term

illness, long-term injury and organ donation leave;

align the provisions of the Act

relating to unpaid leave for members of the reserve force with other jurisdictions;

replace references to Trial

Division with the correct reference Supreme Court; and

incorporate gender-neutral

language.

A BILL

AN ACT TO AMEND THE LABOUR STANDARDS ACT

Analysis

S.2.1 Amdt.

Employment statement

S.2.2 Amdt.

Copy of Act

S.6.1 Amdt.

Confidentiality

S.17 Amdt.

Consent of employer and employee

S.21.1 Amdt.

Designation of week

S.34.1 Amdt.

Expense

advance

S.37 Amdt.

Priority of wage claim

S.37.4 Amdt.

No relief by contract, etc.

S.43 Amdt.

Adoption leave

S.43.1 Amdt.

Special circumstances

S.43.2 Amdt.

End of adoption leave

S.43.3 Amdt.

Parental leave

S.43.4 Amdt.

Special circumstances

S. 43.6 Amdt.

Change of notice

S. 43.9 Amdt.

Employee may not be dismissed

S.43.10 Amdt.

Bereavement and sick leave

S.43.11 Amdt.

Sick and family responsibility leave

18. S.43.15 Amdt.

Notice to employer

S.43.16 Amdt.

Employee protection

S.43.17 Amdt.

Definitions

S.43.18 Amdt.

Unpaid leave

S.43.19 Amdt.

Notice

of leave

S.43.20 Amdt.

Exemption

S.43.21 Amdt.

Employee protection

S.43.25 Amdt.

Notice

S.43.26 Amdt.

Employee protection

S.43.30 Amdt.

Notice

S.43.31 Amdt .

Employee protection

S.43.34 Amdt.

Entitlement

to leave

S.43.35 Amdt.

Notice

S.43.36 Amdt.

Employee protection

S.43.39 Amdt.

Communicable disease emergency leave

S.43.40 Amdt.

Employee protection

S.43.41 Amdt .

Regulations

PART VII.9 Added

PART

VII.9

LEAVE RELATED TO LONG-TERM ILLNESS, LONG-TERM INJURY AND ORGAN DONATION

43.42 Definition

43.43 Entitlement to leave

43.44 Notice

43.45 Employee protection

S.53 Amdt .

Notice unnecessary

S.54 Amdt.

Notice unnecessary

S.61 Amdt.

Director of Labour Standards

S.62 Amdt.

Powers of director

S.64 Amdt.

Powers of entry, interview and inspection

S.74 Amdt.

Enforcement of judge's order

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

RSNL1990 cL-2

as amended

1. Subsection 2.1(1) of the Labour Standards

Act is amended by deleting the words "his or her".

Section 2.2 of the Act is amended by deleting

the words "his or her" and substituting the words "the

employer's".

(1) Subsection 6.1(1) of the Act is amended by

deleting the words "his or her" wherever they appear and substituting

the words "the person's".

(2) Subsection 6.1(2) of the Act is amended by

deleting the words "his or her" and substituting the words "the

employer's or person's".

4. Subsection 17(2) of the Act is amended by

deleting the words "his or her" and substituting the words "the

employee's".

(1) Subsection 21.1(2) of the Act is amended by

deleting the words "he or she" and substituting the words "the

employee".

(2) Subsection 21.1(3) of the Act is amended by

deleting the words "of his or hers".

(1) Subsection 34.1(1) of the Act is repealed

and the following substituted:

Expense advance

34.1

(1) W here, in connection with an employee's work, the employee

is required to incur expenses, the employer shall advance to the employee the

amount that the employee may reasonably anticipate will be incurred.

(2) Subsection 34.1(3) of the Act is amended by

(

a) deleting the words "him or her" and

substituting the words "the employee"; and

(

b) deleting the words "his or her" and

substituting the words "the employee's".

7. Subsection 37(2) of the Act is amended by

deleting the words "his or her" and substituting the words "the

person's".

(1) Subsection 37.4(1) of the Act is amended by

deleting the words "him or her" and substituting the words "the

director".

(2) Subsection 37.4(2) of the Act is repealed and

the following substituted:

(2) An employer may

indemnify a director, a former director and the heirs or legal representatives

of a director or former director against all costs, charges and expenses,

including an amount paid to satisfy an order under this Act, reasonably

incurred by the director or former director with respect to a civil or

administrative action or proceeding to which the director or former director is

or was a party by reason of being or having been a director of the employer

where,

(

a) the director or

former director has acted honestly and in good faith with a view to the best

interests of the employer; and

(

b) in the case of a

proceeding or action that is enforced by a monetary penalty, the director or

former director had reasonable grounds for believing that the director's or

former director's conduct was lawful.

9. Subsection 43(2) of the Act is amended by

deleting the words "his or her" and substituting the words "the

employee's".

10. Subsection 43.1(3) of the Act is amended by

deleting the words "his or her" and substituting the words "the

employee's".

Section 43.2 of the Act is amended by deleting

the words "his or her" and substituting the words "the

employee's".

12. Subsection 43.3(4) of the Act is amended by

deleting the words "his or her" and substituting the words "the

employee's".

13. Subsection 43.4(3) of the Act is amended by

deleting the words "his or her" and substituting the words "the

employee's".

14. Subsection 43.6(2) of the Act is amended by

deleting the words "his or her" and substituting the words "the

employee's".

15. Subsection 43.9(2) of the Act is amended by

deleting the words "by his or her employer".

(1) Subsection 43.10(1) of the Act is amended

by deleting the words "his or her" and substituting the words "the

employee's".

(2) Subsection 43.10(4) of the Act is amended by

deleting the words "he or she" and substituting the words "the

employee".

(1) Subsection 43.11(1) of the Act is amended

by deleting the words "his or her" and substituting the words "the

employee's".

(2) Subsection 43.11(2) of the Act is amended by

deleting the words "his or her" and substituting the words "the

employee's".

(3) Subsection 43.11(3) of the Act is amended by

deleting the words "his or her" and substituting the words "the

employee's".

(1) Subsection 43.15(1) of the Act is amended

by deleting the words "his or her" and substituting the words "the

employee's".

(2) Subsection 43.15(4) of the Act is amended by

deleting the words "his or her" and substituting the words "the

employee's".

(1) Subsection 43.16(2) of the Act is amended

by deleting the words "by his or her employer".

(2) Subsection 43.16(3) of the Act is amended by

deleting the words "his or her" and substituting the words "the

employee's".

20. Paragraph 43.17(

b) of the Act is repealed and

the following substituted:

(b) "service" means Canadian Forces military skills training, training required

for imminent deployment, or deployment, and includes

(

i) a period of time

for treatment, recovery or rehabilitation in respect of a physical or mental

health problem that results from Canadian Forces military skills training,

training required for imminent deployment, or deployment, and

(ii) service as defined

in the regulations made under

section 43.22.

(1) Paragraph 43.18(1)(

b) of the Act is amended

by deleting the number "6" and substituting the number "3".

(2) Subsections 43.18(2) and (3) are repealed and

the following substituted:

(2) An employee who

is a member of the reserves may take up to a total of 24 months of unpaid leave

within a 60-month period.

(3) Subsection

(2) does not apply to leave taken as a result of a

national emergency.

(1) Subsection 43.19(1) of the Act is repealed

and the following substituted:

Notice of leave

43.19

(1) An employee who wishes to take a period of leave under this

Part shall give the employee's employer at least 30 days notice in writing of

the employee's intention to take the period of leave.

(2) Subsection 43.19(2) of the Act is amended by

deleting the words "his or her" and substituting the words "the

employee's".

(3) Subsection 43.19(4) of the Act is amended by

deleting the words "he or she" and substituting the words "the

employee".

(4) Subsections 43.19(5) and (6) of the Act are

repealed and the following substituted:

(5) Where the date on

which an employee's service is anticipated to end changes, the employee shall

notify the employer as soon as practicable and shall, within at least 4 weeks,

provide written notice to the employer of the new end date.

(6) Where an employee

fails to give a written notice within the time period

required under subsection (5), the employee's employer may defer the date of

re-employment for up to 4 weeks after the day on which the employee informs the

employer of the new end date.

(1) Subsection 43.20(1) of the Act is amended

by deleting the words "him or her" and substituting the words

"the employer".

(2) Subsection 43.20(2) of the Act is amended by

deleting the words "his or her" and substituting the words "the".

(1) Subsection 43.21(2) of the Act is amended

by deleting the words "by his or her employer".

(2) Subsection 43.21(3) of the Act is amended by

deleting the words "his or her" and substituting the words "the

employee's".

25. Subsection 43.25(1) of the Act is amended by

deleting the words "his or her" and substituting the words "the

employee's".

(1) Subsection 43.26(2) of the Act is amended

by deleting the words "by his or her employer".

(2) Subsection 43.26(3) of the Act is amended by

deleting the words "his or her" and substituting the words "the

employee's".

27. Subsection 43.30(1) of the Act is amended by

deleting the words "his or her" and substituting the words "the

employee's".

(1) Subsection 43.31(2) of the Act is amended

by deleting the words "by his or her employer".

(2) Subsection 43.31(3) of the Act is amended by

deleting the words "his or her" and substituting the words "the

employee's".

(1) Subsection 43.34(1) of the Act is amended

by deleting the words "his or her" and substituting the words "the

employee's".

(2) Paragraph 43.34(2)(

c) of the Act is amended by

deleting the words "his or her" and substituting the words "the

employee's".

(3) Paragraph 43.34(2)(

d) of the Act is amended by

deleting the words "his or her".

30. Subsection 43.35(1) of the Act is amended by

deleting the words "his or her" and substituting the words "the

employee's".

(1) Subsection 43.36(2) of the Act is amended

by deleting the words "by his or her employer".

(2) Subsection 43.36(3) of the Act is amended by

deleting the words "his or her" and substituting the words "the

employee's".

(1) Subsection 43.39(1) of the Act is amended

by deleting the words "his or her" and substituting the words

"the employee's".

(2) Paragraph 43.39(1)(

d) of the Act is amended by

deleting the words "his or her" and substituting the words "the

employee's".

(3) Paragraph 43.39(3)(

a) of the Act is repealed

and the following substituted:

(

a) the employee is not

performing the duties of the employee's position because of a reason referred

to in paragraphs (1)(

a) to (g); and

(1) Subsection 43.40(2) of the Act is amended

by deleting the words "by his or her employer".

(2) Subsection 43.40(3) of the Act is amended by

deleting the words "his or her" and substituting the words "the

employee's".

34. Paragraph 43.41(2)(

b) of the Act is amended by

deleting the words "his or her" wherever they appear and substituting

the words "the employee's".

35. The Act is amended by adding immediately after

section 43.41 the following:

PART VII.9

LEAVE RELATED TO LONG-TERM ILLNESS, LONG-TERM INJURY AND ORGAN DONATION

Definition

43.42 In

this Part, "organ donation" includes organ or tissue removal from an

individual for transplant.

Entitlement to leave

43.43

(1) An employee, having

been employed with the same employer for a continuous period of 30 days, is

entitled to a leave of absence from employment without pay of up to 27 weeks in

a 52-week period to receive extended medical care or to recover from a

long-term illness, a long-term injury or an organ

donation where a medical practitioner or nurse practitioner issues a

certificate stating

(

a) that

the employee requires extended medical care or recovery time in relation to

(

i) a long-term

illness,

(ii) a long-term injury, or

(iii) organ donation; and

(

b) the

start date and the estimated end date of the leave required.

(2) Notwithstanding

subsection (1), an employee, having been employed

with the same employer for a continuous period of 30 days, is entitled

to a leave of absence from employment without pay of up to 104 weeks in a

104-week period to receive extended medical care or

to recover from a long-term illness or a long-term injury where

(

a) a medical practitioner or nurse practitioner issues a

certificate stating

(

i) that the employee

requires extended medical care or recovery time in relation to

(

A) a long-term illness, or

(

B) a long-term injury, and

(ii) the start date and the estimated end date of

the leave required; and

(

b) the

employee provides proof satisfactory to the employer that the employee suffers from

a long-term injury or long-term illness as a result of

a criminal offence.

(3) Subsection

(2) does not apply where the employee was a party to the criminal offence or

contributed to the long-term injury or long-term illness by gross negligence.

(4) A

leave of absence under this Part shall be taken in periods of at least 2 weeks

in duration.

(5) Where

an employee returns to work during a week, the week counts as an entire week

for the purposes of this Part.

(6) An employee who has taken 27 weeks of leave under subsection

(1) in a period of 52 weeks is not entitled to an additional period of leave

under this Part unless at least 6 months has elapsed since the date the

employee returned to work from the most recent leave of absence granted under

this Part.

Notice

43.44

(1) A n employee who intends to take a leave of absence under

this Part shall give written notice to the employee's employer at least 2 weeks

before the leave of absence is to begin of that intention,

unless there is a valid reason why that notice cannot be given.

(2) An employee who

gives notice under subsection (1) shall include in that written notice to the

employer the length of the leave of absence that the employee intends to take.

(3) E very employee who

is taking a leave of absence under this Part shall give at least 2 weeks

written notice to the employer of any change in the length of leave intended to

be taken, unless there is a valid reason why that

notice cannot be given.

Employee

protection

43.45

(1) An employer shall not dismiss an employee or give notice of

dismissal to an employee because an employee intends to take, applies for or takes a leave of absence under this Part.

(2) Where an employee is

dismissed contrary to subsection (1), the onus of proving that the reason for

dismissal is unrelated to the leave under this Part rests with the employer.

(3) An employer shall

reinstate an employee at the end of the employee's leave of absence under this

subsisted before the leave of absence began.

(4) Unless the employer

and the employee otherwise agree, a period of leave under this Part does not

count towards the application of the rights, benefits and privileges conferred

by this Act upon an employee, but the period worked upon resumption of employment

after leave shall be considered, for the purpose of this Act, to be continuous

with the period worked before the leave.

36. Subsection 53(2) of the Act is amended by deleting

the words " his

or her" wherever they appear and substituting the words "the

employee's".

37. Subsection 54(3) of the Act is amended by deleting

the words "his or her" and substituting the words "the

employee's".

38. Paragraph 61(

b) of the Act is amended by

deleting the words "his or her" and substituting the words "the

director's".

39. Subsection 62(4) of the Act is amended by

deleting the words "Trial Division" and substituting the words

"Supreme Court".

40. Subsection 64(4) of the Act is amended by

deleting the words "his or her" and substituting the word "the".

41. Subsection 74(2) of the Act is amended by

deleting the words "Trial Division" wherever they appear and

substituting the words "Supreme Court".

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