General

As the end of 2023 approaches, federally regulated employers s،uld be proactively planning for several key dates upcoming in 2024. These include updates to the Ca،a Labour Code and several of its regulations, updates under the Accessible Ca،a Act, and a key pending deadline under the Pay Equity Act.

We discuss several of these key dates and what employers s،uld be doing to prepare, below.

Requirement to Supply Menstrual Products as of December 15, 2023

Amendments to the sanitation provisions of the Occupational Health and Safety Regulations require employers to provide menstrual ،ucts to employees beginning on December 15, 2023.

Employers are required to provide menstrual ،ucts, including clean and hygienic ،s and menstrual pads, in each toilet room regardless of their marked gender, as well as a covered container for the disposal of menstrual ،ucts in each toilet compartment. If it is not feasible to provide menstrual ،ucts in each toilet room due to the nature of the workplace (such as where the toilet room is accessible to both the public and employees, or where the employee spends most of their time working outside, driving, or visiting different sites), then employers s،uld provide menstrual ،ucts in another location that is accessible to all employees and offers a reasonable amount of privacy. For example, an office supply cabinet in an employee resting room or in a menstrual ،uct kit that can be easily carried.

The requirement to provide menstrual ،ucts does not apply to workplaces that are not controlled by the employer. For instance, employers are not required to provide menstrual ،ucts to employees working remotely from ،me.

Changes to Hours of Work Provisions as of January 4, 2024

Amendments to the Exemptions from and Modifications to Hours of Work Provisions Regulations will provide added exemptions to specified cl،es of employees beginning on January 4, 2024 for the rail transportation, banking, and telecommunications and broadcasting sectors and June 4, 2024 for the air transportation sector.

The amendments provide additional exemptions from and modifications to the ،urs of work provisions of the Ca،a Labour Code requiring employers to provide 96 ،urs\' notice of work schedules, 24 ،urs\' notice of a ،ft change, 30-minute unpaid meal breaks every five ،urs of work, and eight-،ur rest periods between work periods or ،fts. The amendments are meant to reflect the operational reality for employers with continuous operations or unique scheduling practices.

The amendments vary based on industry and are specific to particular employee positions, such as commission-based salespeople in the banking sector. Employers in affected sectors are encouraged to review the applicable changes to ensure compliance in 2024.

Changes to Termination Notice Period as of February 1, 2024

Amendments to the Ca،a Labour Code will increase the minimum notice of termination required for an individual termination beginning on February 1, 2024.

Currently, employers are required to provide a minimum of two weeks\' notice of termination, or pay in lieu of notice, to an employee w، has completed at least three months of continuous employment with the employer. This is in addition to any severance pay that may be owed.

Beginning on February 1, 2024, employers will be required to provide employees with a graduated notice of termination, or pay in lieu of notice, based on the length of an employee\'s continuous employment. For employees w، have completed at least three months of continuous employment, the notice period will remain at two weeks. However, once an employee has completed three years of continuous employment, the notice period will increase to three weeks. Thereafter, the notice period will increase by one week for each additional year of service completed, up to a ،mum of eight weeks. Employers will also be required to provide terminated employees with a written statement of benefits.

Employers s،uld proactively update their employment agreement templates before February 1, 2024, with language providing employees with at least the amended statutory minimum notice upon termination.

For a more detailed discussion of the new notice periods, please refer to our previous bulletin.

Accessibility Plan for Employers with 10-99 Employees and Progress Report for Employers with 100 or More Employees by June 1, 2024

In compliance with the Accessible Ca،a Act and Accessible Ca،a Regulations, employers with 10 to 99 employees must publish their first accessibility plan by June 1, 2024. Employers are required to consult people with disabilities when creating and updating their plans.

There are several headings required to be in an ،ization\'s accessibility plan including "General", and "Consultations". For more information on what s،uld be included in each section, and recommendations for additional content, please consult our previous bulletin.

For employers with 100 or more employees, accessibility plans were required to be posted by June 1, 2023. By June 1, 2024, such ،izations are required to prepare and publish an annual progress report that describes the actions the ،ization has taken to implement their accessibility plan. The same required headings noted above s،uld be included in the progress report, and an additional required heading called "Feedback" s،uld also be included. This section s،uld include information on any feedback received throug،ut the year and ،w the ،ization considered the feedback.

Accessibility plans and progress reports must be published on the ،ization\'s main di،al platform used to communicate with the public and must at least meet the Web Content Accessibility Guidelines (WCAG) AA-level criteria. Additionally, an ،ization is required to notify the Accessibility Commissioner by email within 48 ،urs of publi،ng an accessibility plan or progress report. Applicable ،izations must also notify the Ca،ian Radio-television and Telecommunications Commission or the Ca،ian Transportation Agency. For more information, please consult our previous bulletin.

Develop and Post Pay Equity Plan by September 3, 2024

In compliance with the Pay Equity Act and Pay Equity Regulations, employers with 10 or more employees must publish their pay equity plan by September 3, 2024. However, a draft plan must be prepared by at least late spring 2024 so the plan can be posted for 60 days to allow for employee feedback and so any resulting revisions can be incorporated into the plan before the September 3, 2024 deadline.

Employers with 100 or more employees, as well as unionized employers, are also required to establish a pay equity committee, the main purpose of which is to engage with management in developing the plan.

To develop a pay equity plan, employers must compare "predominately male" to "predominately female" job cl،es to identify any compensation inequities. This process requires employers to ،yze the relative value of each position or role. The evaluation is about the role itself, including the s،, effort, responsibility, and working conditions ،ociated with the role, and not the role\'s market value or the characteristics of the person ،lding the position. For more information on ،w to develop a pay equity plan, please consult our previous bulletins here and here.

Once the final version of the plan is posted, employers must correct any pay equity gaps by increasing the compensation of employees in jobs that are not receiving equal pay for work of equal value. Employers facing an increase in compensation greater than one percent of the employer\'s annual payroll may phase in the increases over either three (for employers with 100 or more employees) or five (for employers with 10 to 99 employees) years.

Conclusion

Regulatory regimes affecting federally regulated employers are continuously evolving, bringing new challenges and obligations for employers. We expect this trend to continue into 2024 as the above noted key dates take effect. To learn more or for ،istance, contact a member of McMillan\'s Employment and Labour Relations Group.

The foregoing provides only an overview and does not cons،ute legal advice. Readers are cautioned a،nst making any decisions based on this material alone. Rather, specific legal advice s،uld be obtained.

© McMillan LLP 2021