Background

The federal government has established an independent expert panel to provide advice and conduct consultations on the modernisation of labour standards in Part III of the Canada Labour Code.

In 2017 and 2018, a series of consultations preceded legislative amendments to the code, including new pay equity rules between employment statuses, new leaves of absence and enhanced vacation and termination entitlements (for further details please see "Federal government introduces new pay equity and labour standards"). During that process, five additional issues were identified. According to the government, the topics reflect the modernisation of the Canadian economy and the inevitable changes to employment as a result.

The issues arise from:

  • the increase of technology in the workplace;
  • the availability of alternative work arrangements; and
  • the gig economy.

These have blurred the boundaries of who is traditionally considered an employee and what it means to be at work or working.

Five issues to be studied

The expert panel's secretariat has prepared issue papers on each of the following five issues to be studied:

  • Federal minimum wage – should minimum wage be determined by the province in which the employee usually works or should a freestanding federal minimum wage be enacted?
  • Labour standards protections for non-standard workers – should labour standards that generally apply to traditional employment relationships be extended to non-traditional employment models?
  • Right to disconnect – should there be limits on e-communications outside working hours?
  • Access and portability of benefits – should benefits (eg, medical, retirement savings, holiday and leave) be enhanced to allow access by individuals in non-traditional work relationships or to improve portability for those who frequently change jobs?
  • Collective voice for non-unionised worker – are there opportunities to provide non-union employees with a collective voice to express their views and opinions in decisions relating to their working conditions?

Comment

The expert panel is expected to consult and provide its recommendations by 30 June 2019.

Federal sector employers are encouraged to participate given the breadth of the issues under consideration and the potential impact on their businesses.

For further information on this topic please contact Shane D Todd, Christopher D Pigott or Jessica Moldaver at Fasken by telephone (+1 416 366 8381) or email ([email protected], [email protected] or [email protected]). The Fasken website can be accessed at www.fasken.com.

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