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The Canada Labour Code

Meet the Demands of Complex New Legislation

March 3 - 4, 2020  · Workshop: March 2, 2020  ·  Toronto, Ontario
Day One Agenda | Tuesday, March 3, 2020
8:00 - 9:00 Registration and Continental Breakfast

9:00 - 9:15
Welcome and Opening Remarks from the Chair
Norm Keith, Partner, Fasken Martineau DuMoulin LLP
9:15 - 10:00
Leave and Benefit Provisions: Budgeting the High Cost of Change
Jackie VanDerMeulen, Partner, Fasken Martineau DuMoulin LLP

Do your employee leave policies reflect the changes that have/will occur? This session will spell out the important as well as the nuanced and complex changes to leave and benefit provisions, how they will affect you and what you need to do to prepare. Topics covered will include:

  • Personal leave
  • Medical leave
  • New family violence leave
  • Extended bereavement leave
  • Traditional Indigenous practices leave
  • Parental sharing benefits
  • Removal of service, eligibility requirements
  • What if the collective agreement provides a greater right or benefit?
  • What will be considered a greater right or benefit?
  • Anticipated problems and proactive solutions
10:00 - 10:50
Changes to: Hours of Work, Notice of Shift & Scheduling Changes, Breaks & Rest Periods: Impact on Your Ability to Compete in a 24/7 World
Jennifer Hodgins, Senior Associate, Norton Rose Fulbright Canada LLP

There are challenges ahead, especially for employers who feel the pressure to compete 24/7 who must now give: extended notice of work schedules; provide 24 hours’ notice of schedule changes and provide flexible work when employees request changes after only 3 months on the job - or provide written notice why not. Is relief in sight? Will the government exempt specific classes of employee from these changes. This session will provide the information you need to effectively comply and/or anticipate challenges

  • Time between shifts
  • Notice of shift change, limited right to refuse, exceptions
  • Notice of schedules
  • Right to refuse OT, Family Responsibility, protection for reprisal
  • Time off for overtime
  • Medical/nursing breaks
  • Nursing breaks
  • Breaks and rest periods
  • Vacation entitlements
  • Holiday pay
  • Flexible work – how to handle potential misuse
  • What if the collective agreement provides a greater right or benefit?
  • What will be considered a greater right or benefit?
  • Potential relief for some industries?
  • Exemptions and modifications
  • What qualifies as an “unforeseeable emergency situation”?
10:50 - 11:10        Networking Break

11:10 - 12:00
Equal Work for Equal Pay for Part-time, Casual or Seasonal Workers: Tricky Definitions of “Same or Similar” and Impact on the Bottom Line
Mireille Giroux, Lawyer, Koskie Minsky LLP
Claire Vachon, Partner, Fasken Martineau DuMoulin LLP
  • What is the same or similar work?
  • Prohibition against paying employees differently based on employment status if the employees perform the same or similar work
  • Exceptions where differential pay will be allowed
  • Wage rate compliance review
  • Application to Temporary Help Agencies
12:00 - 1:00 Luncheon Break

1:00 - 1:50
Changes to Individual and Group Termination Entitlements
Susan Ursel, Ursel Phillips Fellows, Hopkinson LLP

Termination policies must reflect important changes to the CLC including:

  • Rights on termination of employment
  • Modified notice period entitlements for termination without cause
  • The graduated notice system based on number of consecutive months of continuous employment
  • What is continuous employment
  • Changes in employer obligations for group terminations
  • Severance pay
  • Unjust dismissal – new mechanisms for summary dismissal of complaints before the CIRB
  • Group termination
1:50 - 2:10        Networking Break

2:10 - 3:00
Significant Consequences for Failure to Comply! New Compliance and Enforcement Measures

Significant changes to the Code require federally regulated employers to review and update HR practices and policies and communicate updates to employees. Procedural amendments introduce significant consequences for failure to comply with the Code. This session will deal with:

  • The Ministerial power to order an internal audit of practices to determine compliance and report to Minister
  • Inspector compliance or payment orders in case of contravention
  • New head of Compliance and Enforcement
  • Part IV system of administrative monetary penalties up to $250,000
  • When can you expect a monetary penalty versus a regulatory prosecution?
  • Public naming
  • New record keeping requirements in the Regulations
  • Compliance through education and counselling, investigation of complaints, inspections of workplaces, wage recovery and adjudication of unpaid wages, unjust dismissal
  • Role of Labour Standards Inspectors investigating complaints, proactive inspections, providing advice and information to assist federally regulated employers and employees
  • Tools to respond to non-compliance with the Code: issuing a notice of voluntary compliance, seeking an assurance of voluntary compliance from the employer, issuing a determination letter and payment order to recover unpaid wages, providing mediation to try to settle unjust dismissal complaints
3:00 - 4:00
Canada Industrial Relations Board Update and Cases: Go In With Your Eyes Open - What Changes Should We Expect?
Ginette Brazeau, Chair, Canada Industrial Relations Board
  • Increased powers for the CIRB
  • What is CIRB responsible for dealing with?
  • Unjust dismissals
  • Wage recovery appeals
  • Reprisal allegations
  • Occupational Health and Safety Appeals
4:00 End of Day One

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Accreditation (CPD/CLE)

This event is eligible for Substantitive Hours towards continuing professional development credits. Upon request we will provide you with a certificate of attendence for professional development credits based on the sign-in/sign-out sheet at the registration desk onsite at the event - don't forget to sign in when you arrive for your course!

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