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”, “Areas described under Section 5 of the
Act”, 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
منبع: http://www.mondaq.com/Article/1399706