Canada Gazette, Part I, Volume 159, Number 26: Regulations Amending Certain Regulations Made Under the Canada Labour Code (Leave Related to Pregnancy Loss, Bereavement Leave and Leave for Placement of Child)
June 28, 2025
Statutory authority
Canada Labour Code
Sponsoring department
Department of Employment and Social Development
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Issues
The Fall Economic Statement Implementation Act, 2023 (FESIA 2023) [formerly Bill C-59], which received royal assent on June 20, 2024, includes amendments to Part III (Labour Standards) of the Canada Labour Code (the Code) that will introduce a new leave of absence for employees who experience a pregnancy loss, make enhancements to bereavement leave and introduce a new leave of absence for employees who become parents through adoption or surrogacy. These changes are intended to provide employees with job protection while they recover from pregnancy loss or the loss of a child, or fulfill the responsibilities related to the placement of a child into their care.
To support the implementation of these amendments to the Code and ensure that they are enforceable, supporting regulatory amendments are required to the Canada Labour Standards Regulations (CLSR), the Standards for Work-Integrated Learning Activities Regulations (SWILAR) and the Administrative Monetary Penalties (Canada Labour Code) Regulations (AMPR).
Background
The Code is applicable to federally regulated workplaces and is divided into four parts: Part I (Industrial Relations), Part II (Occupational Health and Safety), Part III (Standard Hours, Wages, Vacations, and Holidays), and Part IV (Administrative Monetary Penalties).
Part III of the Code sets out standards regarding employment conditions such as for hours of work, payment of wages, leaves of absence, vacation, and general holidays. The types of leave of absence provided by Part III include compassionate care leave, personal leave, parental leave and maternity leave. Part III applies to federally regulated businesses and industries, which represent about 1 020 000 employees (6% of all Canadian employees) working for 19 150 employers in industries such as
- international and interprovincial transportation by land and sea, encompassing railways, shipping, trucking, and bus operations;
- airports and airlines;
- port operations;
- telecommunications and broadcasting;
- banks;
- industries declared by Parliament to be for the general advantage of Canada or for the advantage of two or more provinces, such as grain handling and uranium mining; and
- First Nations band councils.
Part III of the Code provides the authority to make the CLSR and the SWILAR, among other regulations.
The CLSR contain provisions that complement Part III of the Code. These provisions provide details about implementing modified work schedules and arrangements for averaging hours of work; instructions to determine the amounts for paid leave, overtime pay or holiday pay to which employees are entitled, in certain circumstances; details on how labour standards apply to employees in multi-employer employment; and details about various notices as well as record-keeping requirements.
The SWILAR establish the application of labour standards to persons who perform activities to fulfill the requirements of a secondary, post-secondary or vocational school program offered by an educational institution, commonly referred to as “student interns” in the Labour Program’s guidance materials. By these Regulations, student interns have access to many of the leaves of absence under Part III of the Code, but are not included in provisions that require pay when taking a leave of absence.
Part IV of the Code establishes that administrative monetary penalties can be used to enforce the provisions of parts II and III. Part IV provides the authority to create the AMPR, which designate and classify violations of obligations under Part II and Part III of the Code and related regulations for which an administrative monetary penalty (AMP) may be issued.
Each violation is classified as either Type A, B, C, D or E, in order of increasing severity, according to the level of risk and/or the impact and significance of the violation. Only violations designated under the AMPR can be subject to an AMP. For any new provision added to Part II or Part III of the Code or related regulations, a consequential amendment is required to the AMPR if the new provision is to be enforceable through AMPs.
Amendments to the Canada Labour Code
Leave related to pregnancy loss
The FESIA 2023, which received royal assent on June 20, 2024, includes amendments to Part III that will provide employees in federally regulated workplaces with the right to take a leave of absence from employment after experiencing a pregnancy loss. Employees will be eligible to take this leave if
- (a) their pregnancy does not result in a live birth;
- (b) the pregnancy of their spouse or common-law partner does not result in a live birth; or
- (c) they intended to be the legal parent of the child that would have been born to another person, such as a surrogate.
If the pregnancy resulted in a stillbirth, that is, the complete expulsion or extraction of a foetus from a person on or after the 20th week of pregnancy or after the foetus has attained at least 500 g, without any breathing, beating of the heart, pulsation of the umbilical cord or movement of voluntary muscle from the foetus after the expulsion or extraction, the employee will be eligible for a leave of up to eight weeks. In any other case of a pregnancy loss, leave is available for up to three days. In either case, employees are entitled to be paid for the first three days of the leave if they have completed at least three consecutive months of employment. The leave can be used once per pregnancy; no annual limit applies.
Bereavement leave
The Code currently provides the right for an employee to take up to 10 days of leave of absence in the event of the death of a member of their immediate family, or the death of a family member for whom the employee was taking compassionate care leave or critical illness leave. Employees are entitled to be paid for the first three days of the leave if they have completed at least three consecutive months of employment.
An Act to amend the Criminal Code and the Canada Labour Code (formerly Bill C-3) includes an amendment to bereavement leave that will permit employees to take bereavement leave for up to eight weeks in the event of the death of their child or the child of their spouse or common-law partner.
Further amendments included under the FESIA 2023 will entitle employees to rights and assign them obligations that are typical of long-term leaves under the Code. These rights and obligations include the right to receive notice of employment opportunities while on leave, resume employment in the same position or in a similar position after the leave, retain benefits while on leave, and change the length of the leave provided adequate notice is given to the employer. Employers will be prohibited from taking an employee’s leave into account in decisions related to promotion or training.
Leave for placement of child
The FESIA 2023 will also amend Part III of the Code by introducing a new right for employees to take a leave of absence, known as “leave for placement of child,” for up to 16 weeks to carry out responsibilities related to the placement of a child into their care.
These amendments were drafted to coordinate them with amendments to the Employment Insurance Act (EI Act), also included in the FESIA 2023, that provide a new wage replacement benefit for claimants carrying out responsibilities related to the placement of a child into their care. The amendments to the Code ensure that, during this period of carrying out responsibilities related to the placement of a child into their care, the jobs of employees in federally regulated workplaces are protected.
Consequential regulatory amendments
In order to support the implementation of leave related to pregnancy loss, leave related to the placement of a child and modifications to bereavement leave, minor amendments to the CLSR, SWILAR and AMPR are required.
In addition to these amendments, some minor miscellaneous amendments to the CLSR are required to
- update references to “medical certificate” to “certificate from a health care practitioner,” to be consistent with other recent amendments to the Code and the CLSR;
- update a reference to “sick leave” to “medical leave,” to be consistent with other recent amendments to the Code and the CLSR;
- clarify how an employee’s wages are determined when they are working overtime hours, working during a general holiday, awaiting a response to a request for job modification or reassignment, or taking a leave of absence to attend a proceeding of the Canada Industrial Relations Board (CIRB); and
- repeal a requirement for employers to post copies of their policy on sexual harassment, since the requirement for employers to have policies on sexual harassment was repealed from Part III of the Code in 2018.
Objective
The objective of this regulatory proposal is to support the implementation of the new leave related to pregnancy loss and leave for placement of child, as well as the modifications to bereavement leave. The Regulations Amending Certain Regulations Made Under the Canada Labour Code (Leave Related to Pregnancy Loss, Bereavement Leave and Leave for Placement of Child) [proposed Regulations] would support the implementation of the new provisions by
- facilitating compliance and enforcement;
- clarifying the calculation of wages while taking leave;
- ensuring that employees in multi-employer employment will have access to leave related to pregnancy loss with pay after completing three months of continuous employment, thereby providing them with some financial support while they take time off to recover;
- allowing student interns to access leave related to pregnancy loss (though without pay) and be included in some of the new benefits related to bereavement leave, thereby ensuring they have some time away from their internship to recover; and
- establishing how new provisions impact existing labour standards, and generally improving the clarity and consistency of the CLSR.
Description
The proposed Regulations would support the implementation of the leave related to pregnancy loss, the leave related to placement of child and the modifications to bereavement leave through minor amendments to the CLSR, the SWILAR and the AMPR. In addition to these regulatory amendments, some miscellaneous amendments to the CLSR are included to address minor outstanding issues.
The proposed amendments to the regulations are summarized below.
Canada Labour Standards Regulations
The proposed amendments to the Canada Labour Standards Regulations (CLSR) are as follows:
- Prescribe how days of paid leave related to pregnancy loss impact the employee’s standard hours of work when they are subject to an averaging period. Averaging periods are used in certain industries that necessitate an irregular distribution of hours of work, such as where work is seasonal. They allow workplaces to use a period of two or more weeks to determine when work hours are considered overtime. For this purpose, days of paid leave are deducted from the employee’s standard hours of work, which is the threshold that determines when the employee is owed wages at the overtime rate. The days of paid leave are removed so they do not negatively impact the calculation of the employee’s overtime pay.
- The proposed amendments will ensure that any days of paid leave related to pregnancy loss will, like all existing paid leaves, be removed from the employee’s standard hours of work when they are subject to an averaging period.
- Provide that an existing formula can be used to determine an employee’s wages when taking leave related to pregnancy loss. When an employee takes an existing paid leave (including personal leave, leave for victims of family violence, bereavement leave and medical leave), their employer owes them pay at their regular rate of wages for their normal hours of work. In the case that the employee’s hours of work differ from day to day, or they are paid on a basis other than time, the CLSR contains a formula to determine what wages are owed to the employee.
- The proposed amendments will add that the same formula can be used to determine the wages owed when an employee takes leave related to pregnancy loss.
- Establish that wages resulting from leave related to pregnancy loss and medical leave do not impact wages owed to an employee when they attend an appeal proceeding at the summons of the CIRB during the time they would have otherwise been at work. During this time, the employer is required to pay the employee at their regular rate of wages. In the case that the employee is paid on a basis other than an hourly rate, the CLSR contains a formula to determine what wages are owed to the employee, based on the total hours worked and total wages owed over a four-week period. Overtime hours and wages earned for paid leaves are excluded from this formula to avoid skewing the result.
- The proposed amendments will establish that wages resulting from leave related to pregnancy loss and medical leave are also excluded from the formula.
- Establish that wages resulting from leave related to pregnancy loss, medical leave, personal leave and leave for victims of family violence do not impact wages owed for certain other benefits provided by the Code. Employers are required to pay employees additional wages when they work overtime hours or work during general holidays. Furthermore, employers who are pregnant or nursing must be paid at their regular rate of wages during the time that they take a leave of absence while waiting for their employer to respond to a request for job modification or reassignment when their job functions pose a risk to the employee’s health or the health of the employee’s foetus or child. In the case that the employee is paid on a basis other than an hourly rate, the CLSR contains a formula to determine what the employee’s hourly rate of wages should be, based on past wages paid for work performed and the number of hours required to perform the work. Overtime hours and wages earned for certain paid leaves are excluded from this formula to avoid skewing the result.
- The proposed amendments will establish that wages resulting from leave related to pregnancy loss, medical leave, personal leave and leave for victims of family violence are also excluded from the formula.
- Update language in the employer’s record-keeping requirements from “medical certificate” to “certificate from a health care practitioner” to ensure consistency with other recent amendments to the Code and the CLSR.
- Change references to “general holiday pay” to “holiday pay” in various sections to better align with the Code, which provides a definition for “holiday pay”.
- Provide that employees who engage in multi-employer employment (as is common in the longshoring industry) are deemed to be continuously employed for the purpose of qualifying for paid leave related to pregnancy loss.
- Require employers to keep records of amounts paid related to leave for pregnancy loss. This would add to an existing list of earnings that employers must keep records of.
- Require employers to keep records of any change in length of bereavement leave, as well as copies of any notice concerning the change in length of the leave.
- Repeal a subsection requiring employers to post copies of a policy statement on sexual harassment to align with changes made to the Code in 2018.
- Include “leave related to pregnancy loss” and “leave for placement of child” on a list of labour standards provisions that employers are required to share with their employees and change the term “sick leave” to “medical leave” on the same list.
Standards for Work-Integrated Learning Activities Regulations
The proposed amendments to the Standards for Work-Integrated Learning Activities Regulations (SWILAR) are as follows:
- Prescribe that student interns, who are not employees, have access to the new leave related to pregnancy loss, but without access to the right to be paid while taking this leave. Like employees, student interns will have to provide at least four weeks’ notice in writing of any change in the length of the leave if the leave is for more than four weeks. If this notice in writing is not provided, the employer will have the right to postpone the student intern’s return to work for a period of up to four weeks.
- Establish that student interns are also able to take bereavement leave for up to eight weeks in the case of the death of their child or the child of their spouse or common-law partner.
- Establish that some of the new provisions added to bereavement leave also apply to student interns. Like employees, student interns must provide the employer notice in writing of any change in the length of the leave, giving four weeks’ notice if the leave is for more than four weeks. Employers can postpone the student intern’s return to work if sufficient notice is not provided, and the period of the postponement is deemed to be part of the leave. After the leave, the employer must permit the student intern to return to the same position.
- Include student interns under a new provision of the Code that provides that employers are not permitted to penalize or threaten to penalize a student intern for taking or intending to take bereavement leave, or to take this into account in any decision to promote or train the student intern.
Administrative Monetary Penalties (Canada Labour Code) Regulations
Amendments are proposed to the lists of provisions under Part III of the Code and the CLSR for which an administrative monetary penalty (AMP) can be issued. These lists include a designation of violation type, ranging from A to E, which corresponds to the severity of a violation and the amount that can be included in the AMP. These proposed amendments would permit the Labour Program to issue AMPs if an employer
- denies an employee their right to take leave related to pregnancy loss (Type C), or fails to pay them for the days off (Type B);
- denies an employee their right to take leave for placement of child (Type C);
- denies an employee their right to take bereavement leave for up to eight weeks in response to the death of their child or the child of their spouse or common-law partner (Type C);
- does not provide an employee with notice of employment opportunities while on bereavement leave (Type C);
- does not allow an employee to resume their employment in the same position after taking bereavement leave, or does not place them in a comparable position if they cannot be placed in the same position (Type C);
- does not adjust the wages or benefits of an employee on bereavement leave if the wages or benefits for the other employees within the same group are changed during the leave (Type C);
- does not notify an employee who is on bereavement leave of a change in wages or benefits to the group of employees of which they are a member (Type C);
- does not continue to contribute to an employee’s pension, health or disability benefits while they are on bereavement leave (Type B), or by other means prevents them from accumulating these benefits (Type C);
- prevents an employee who is on bereavement leave from accessing any income-replacement scheme or insurance plan to which they are entitled (Type B);
- dismisses, suspends, lays off, demotes or disciplines an employee for exercising their right to take bereavement leave (Type C); or
- takes into account an employee’s intention to use bereavement leave in any decision to promote or train that employee (Type C).
Regulatory development
Consultation
Leave related to pregnancy loss and bereavement leave
For the development of the legislative amendments, consultations took place with a range of stakeholders, including employer and labour organizations, parent and family associations, community advocacy groups, national Indigenous organizations, and industry experts. Virtual consultation sessions were held from October 11 to 21, 2022, in both English and French.
Additionally, 12 written submissions were received, 4 of which were from groups that did not attend the virtual sessions: the Quebec Employers’ Council (CPQ), the Canadian Union of Public Employees (CUPE), the Centrale des syndicats du Québec (CSQ), and the Fédération des travailleurs et travailleuses du Québec (FTQ).
Prior to the sessions, a discussion paper was circulated that detailed the changes to the Code being considered that would provide the leave and the possible consequential regulatory amendments that would be needed to support implementation. The portion of the discussion dedicated to regulatory amendments covered the identification of associated record-keeping requirements, the question of offering the leave to student interns, the determination of continuous employment for longshoring employees engaged in multi-employer employment, the calculation of standard and maximum hours of work for employees subject to an averaging arrangement, and the designation of violations of the new provisions for enforcement by AMPs.
The stakeholder feedback received mainly involved the elements of policy that were included in the new legislative amendments and little attention was given to details that would be resolved through regulation.
Leave for placement of child
Consultations were also conducted over two phases from August 2021 to July 2022 on modernizing the employment insurance (EI) program. During these consultation periods, over 20 virtual national and regional roundtables about modernizing the EI program took place, which included ideas for improving the program’s support to Canadians experiencing life events such as childbirth and adoption. Over 200 stakeholders attended the roundtables and over 70 written submissions were received. The consultations were supplemented by a national online survey that collected input from over 1 900 respondents. The results of the roundtables and survey are summarized in a What We Heard report available online.
Overall, the consultations revealed general support for the idea of providing parents who adopt with EI benefits that are equal in duration to the benefits received by biological parents. Adoptive parents in Canada have long advocated for the implementation of a new benefit to provide more time for bonding given the unique needs of adoptive children. They even urged the Government for an additional 15 weeks to the parental leave for parents who adopt. The new benefit is also expected to be supported by parents who welcome children through surrogacy, an important family formation strategy for 2SLGBTQI+ parents.
General
Apart from consultations specific to the new leaves, stakeholders under the jurisdiction of Part III of the Code have raised concerns about the addition of new leaves generally, which they claim can contribute to labour shortages and impose added labour costs and administrative burdens. Stakeholders who have made objections include Federally Regulated Employers – Transportation and Communications, the Canadian Trucking Alliance, the Canadian Federation of Independent Business, the Canadian Association of Counsel to Employers and the BC Maritime Employers Association. Nevertheless, considering the small size of the population projected to use leave related to pregnancy loss, the extended bereavement leave, and leave for placement of child, a notable negative reaction in respect of these new leaves is not expected.
Modern treaty obligations and Indigenous engagement and consultation
In accordance with the Cabinet Directive on the Federal Approach to Modern Treaty Implementation, an assessment of modern treaty implications was conducted, but no impacts on modern treaties were identified in relation to these proposed Regulations. Since First Nations band councils are included under the jurisdiction of Part III of the Code, Indigenous stakeholders were invited to participate in the consultation/information sessions held between August 2021 and October 2022.
Instrument choice
In order for the amendments to the Code included under the FESIA 2023 to be properly implemented, the following supporting regulatory amendments are required:
- The requirement for employers to keep records of pay provided as a result of leave related to pregnancy loss, to keep records of changes made to the length of bereavement leave, and to keep copies of notices of the change in length of the leave is necessary in order to verify if employers comply with their obligations.
- The prescription of the existing formula under the CLSR for determining an employee’s regular rate of wages is required to ensure that all employees are sufficiently paid while taking leave related to pregnancy loss, even when their hours of work differ from day to day or when they are paid on a basis other than time.
- The clarification that employees who are engaged in multi-employer employment can become eligible for leave related to pregnancy loss after being employed for three continuous months by various employers is required to ensure that these employees can access the new leave.
- The amendments to the AMPR are required so that AMPs can be used to enforce the new labour standards when necessary.
- The amendments to the SWILAR are required to ensure that leave related to pregnancy loss and certain new protections related to bereavement leave can be extended to student interns.
There are no non-regulatory options that could achieve these outcomes.
Regulatory analysis
Benefits and costs
Over the 10-year analytical period starting at the end of 2025, the proposed amendments would result in an estimated $1,099,669 in benefits and $6,090,548 in costs, both in present value terms. Based on these estimates, the total net present value of costs would be $4,990,880 and the annualized net cost would be $710,589.
Unless otherwise specified, impacts in this section are expressed in constant 2024 Canadian dollars, discounted to 2025 using a 7% discount rate, and wages were taken from Statistics Canada Table 14-10-0417-01 Employee wages by occupation, annual.
Baseline scenario
In the baseline scenario, the legislative changes to the Code will allow all Part III employees who experience a stillbirth to take up to eight weeks of leave and those who experience any other type of pregnancy loss to take three days of leave. The first three days of the leave related to pregnancy loss will be paid to employees who have been continuously employed by the employer for three consecutive months; however, this condition means that Part III employees who engage in multi-employer employment may not be entitled to any leave related to pregnancy loss with pay. Other changes to the Code in the baseline scenario will include the entitlement of Part III employees to a leave of absence of up to 16 weeks when they become parents through adoption or surrogacy, an extension to the length of bereavement leave following the death of their child or the child of their spouse or common-law partner, and the ability to make certain changes to the length of bereavement leave. In the absence of the proposed Regulations, student interns, who are not employees, would not be entitled to these new provisions that will be implemented through the upcoming legislative changes.
Given all of the above, in the baseline scenario, it is assumed that employees who engage in multi-employer employment would take an unpaid leave of absence if they experience a pregnancy loss, employers would not keep records of earnings if their employees take pregnancy loss leave or records of changes in the length of bereavement leave, and posted notices containing labour standards provisions would not be updated to reflect the new types of leave that were recently added to the Code.
Regulatory scenario
In the regulatory scenario, employees who engage in multi-employer employment would benefit by earning three days of pay during pregnancy loss leave, and their employers would assume a corresponding cost. In addition, all employers under Part III would pay a cost to keep two additional records and to update their posted notices containing labour standards information to include leave for pregnancy loss and leave for placement of child. In the year that the proposed amendments come into force, the Labour Program would assume a one-time cost to communicate these proposed regulatory changes to the affected stakeholders, and Part III employers would spend time learning about the new requirements. Student interns would be able to take unpaid leave related to pregnancy loss and up to eight weeks of unpaid leave following the death of a child or the child of their spouse or common-law partner, and they would be entitled to the provisions regarding changes to the length of bereavement leave.
Benefits
Employees who engage in multi-employer employment receive pay during leave for pregnancy loss
Due to legislative changes in the baseline scenario, most employees under Part III will be entitled to three days of leave related to pregnancy loss with pay, provided that they have been continuously employed by the employer for three consecutive months. In absence of the proposed amendments, employees who engage in multi-employer employment may not meet these criteria and so may not be entitled to this new paid leave. In this analysis it is assumed that employees who engage in multi-employer employment would take an unpaid leave of absence of at least three days if they experience a pregnancy loss in the baseline scenario. Therefore, when the proposed amendments come into force, employees who would be entitled to unpaid leave in the baseline would instead be entitled to paid leave in the regulatory scenario, resulting in a benefit to employees of wages for three days.
Estimates of the prevalence of pregnancy loss in Canada were obtained by using Statistics Canada data on live births and stillbirths,footnote 1 Canadian Institute of Health Information (CIHI) data on induced abortions,footnote 2 and Public Health Agency of Canada (PHAC) information on the percentage of pregnancies that result in a miscarriage or an ectopic pregnancy.footnote 3
Parameter | Value in 2022 | Source |
---|---|---|
Total births | 354 875 | Statistics Canada |
Live births | 351 706 | Statistics Canada |
Fetal deaths (stillbirths) | 3 169 | Statistics Canada |
Induced abortions | 97 211 table a1 note a | Canadian Institute for Health Information |
Miscarriages or ectopic pregnancies | 167 210 table a1 note b | Labour Program estimate |
Total pregnancy loss in Canada | 267 590 | Labour Program estimate |
Table a1 note(s)
|
The annual estimate of pregnancy loss was derived by adding fetal deaths (stillbirths), induced abortions, miscarriages and ectopic pregnancies. This estimate of nationwide pregnancy loss was multiplied by 2 to reflect the fact that leave for pregnancy loss can be taken by both parents, and then an 83.7% employment rate was used to divide the previous estimate into pregnancy loss leave among the employed and those who are not employed.footnote 4 Based on an internal calculation that 5.8% of all employed Canadians fall under Part III, the previous estimate was further divided into pregnancy loss leave specifically among Part III employees. The following equation summarizes the previous steps:
Part III employees who would qualify for pregnancy loss leave = 267 590 Ă— 2 Ă— 83.7% Ă— 5.8% = 25 981
There were 1 020 000 employees under Part III at the end of 2023, based on the most recent internal data available. This value was multiplied by 1.0092 to obtain the estimate of Part III employees at the end of 2024. Then, the estimate of pregnancy loss among Part III employees was divided by the estimate of all Part III employees to arrive at an estimated annual percentage of Part III employees who would qualify for pregnancy loss leave:
Percent of Part III employees who would qualify for pregnancy loss leave = = 2.5%
Lastly, since multi-employer employees in the federally regulated private sector are predominantly represented by casual longshoring employees, the estimated percent of Part III employees who would qualify for pregnancy loss leave was applied to the most recent count of employees in this sector.footnote 5 There will be approximately 4 882 casual longshoring employees when the proposed amendments come into force, and this count is assumed to grow at a rate of 0.92% per year throughout the analytical period. In total, approximately 1 296 longshoring employees are expected to receive pay during leave for pregnancy loss over the 10-year period covered in this analysis.
Based on another recent cost-benefit analysis conducted by the Labour Program,footnote 6 it is assumed that longshoring employees earn $50.58 per hour on average, without overhead. By multiplying this hourly wage by 24 hours, it is estimated that these employees would receive $1,214 in gross earnings if they take three days of leave related to pregnancy loss with pay. Over the 10-year analytical period, the present value of incremental wages that would be paid to employees who engage in multi-employer employment is an estimated $1,099,669.
Qualitative benefits
The proposed amendments would generate various other benefits that could not be quantified or monetized, primarily due to data limitations.
First, the proposed amendments would ensure that employees who engage in multi-employer employment would not have to decide between losing pay to recover from a pregnancy loss at home or going to the workplace while still recovering. Financial support following a pregnancy loss would reduce pressure on recovering employees, thereby reducing stress. Student interns would also experience a reduction in stress as a result of the proposed amendments, since they would be able to take an unpaid leave following a pregnancy loss. They would be able to take leave of up to eight weeks following the death of a child or the death of their spouse’s or common-law partner’s child, and they would be entitled to the provisions related to changing the length of bereavement leave.
In absence of the proposed amendments, some employees might not be aware that they are now entitled to leave for pregnancy loss and leave for placement of child. When employers update their posted notices containing labour standards information as a result of the proposed amendments, employees would be made aware of these new provisions to which they are entitled. This awareness would facilitate self-advocacy and would increase the likelihood that employees take the right type of leave in these circumstances (e.g. they might otherwise take medical leave or vacation leave instead of pregnancy loss leave in the baseline scenario).
Records of earnings during leave related to pregnancy loss with pay and records of changes in the length of bereavement leave would have to be kept as a result of the proposed amendments. These records may be required by a Labour Affairs Officer conducting an inspection or investigation, and could be used to support the Canada Industrial Relations Board while adjudicating complaints, orders, notices or AMPs. Therefore, the record-keeping provisions in the proposed amendments would facilitate the Labour Program’s compliance and enforcement efforts.
Lastly, miscellaneous changes in the proposed amendments would improve the clarity and consistency of provisions in the CLSR and the SWILAR.
Costs
Compliance costs for employers to pay employees who engage in multi-employer employment during leave for pregnancy loss
In the baseline scenario, Part III employees who engage in multi-employer employment may not be entitled to the three days of leave related to pregnancy loss with pay. As a result of the proposed amendments, their employers would now have to pay additional wages. Using the same assumptions and the methodology described above, the proposed amendments would cause employers to pay an estimated $1,099,669 in incremental wages over a 10-year period, in present value terms.
Administrative costs for employers to keep records of earnings during leave related to pregnancy loss with pay
The CLSR currently requires employers to keep records of earnings during various types of leave that their employees may take. Since leave related to pregnancy loss with pay will be introduced through legislative changes in the baseline scenario, it is not yet on the list of leaves that trigger this record-keeping requirement, so no Part III employers are expected to keep these records in the baseline.
In the regulatory scenario, all Part III employers would spend additional time creating records of earnings if their employees take leave related to pregnancy loss with pay. The method used to estimate pregnancy loss among all Part III employees is described in detail above. In the first year that the proposed amendments are in force, approximately 26 421 Part III employees are expected to experience a pregnancy loss, and this number is modelled as growing at 0.92% per year throughout the analytical period. In addition, it is assumed that an office support employee earning $37.98 per hour (including 25% overhead) would spend one minute creating each record of earnings. This assumption regarding time spent is based on the fact that these records must already be kept for other types of leave in the baseline scenario, so all employers should already be familiar with the information that must be recorded, and no new field of information would have to be created. Furthermore, the form of the records is not prescribed, so employers are free to comply in the manner that they find to be most efficient, which can include creating paper or digital records. The total present value of this incremental impact is estimated at $121,998.
Administrative costs for employers to keep records of changes in the length of bereavement leave
In the baseline scenario, legislative changes to the Code will introduce the ability for employees to make certain modifications to the length of their bereavement leave, but in the absence of the proposed amendments, it is not expected that any employers would keep records of these changes. All Part III employers would bear an incremental cost in the regulatory scenario to create records whenever their employees change the length of their bereavement leave.
Out of all bereavement leave taken by Part III employees, it is unclear how often the length of leave is modified compared to what was initially requested. This uncertainty is partly due to the fact that the legislative change granting this ability occurred quite recently. To avoid underrepresenting this impact, it is assumed that the length of bereavement leave would be modified in 100% of cases in the regulatory scenario. Using this approach generates an upper bound estimate; the true impact would likely be much lower.
To quantify this impact, it is first necessary to estimate the annual amount of bereavement leave that Part III employees would take in the baseline scenario. Section 210 of the Code states that employees are entitled to bereavement leave following the death of a member of their immediate family, or the death of a family member in respect of whom the employee is, at the time of the death, on compassionate care leave or critical illness leave. As a simplifying assumption, this analysis focusses on bereavement leave following the death of immediate family members only.
In the CLSR, “immediate family” means the employee’s spouse or common-law partner, the employee’s father and mother and the spouse or common-law partner of the father or mother, the employee’s children and the children of the employee’s spouse or common-law partner, the employee’s grandchildren, the employee’s brothers and sisters, the grandfather and grandmother of the employee, the father and mother of the spouse or common-law partner of the employee and the spouse or common-law partner of the father or mother, and any relative of the employee who resides permanently with the employee or with whom the employee permanently resides. Based on this list, it is estimated that employees would take bereavement leave approximately 7.5 times over the course of their careers, or an average of about 0.21 times per year.footnote 7 An annual estimate of the number of bereavement leaves can then be obtained by multiplying 0.21 by the estimated number of Part III employees in each year in the analytical period. There would be an estimated 1 038 854 employees under Part III at the start of the analytical period, and this count is assumed to grow at a constant rate of 0.92% per year over 10 years. If each of these employees takes 0.21 bereavement leaves per year (or, equivalently, if 21% of employees take one bereavement leave per year), then there would be 224 351 instances of bereavement leave in the first year that the proposed amendments come into force, and 2 338 706 instances of bereavement leave in total throughout the entire 10-year analytical period.
Given the sensitive nature of bereavement leave, it was assumed that mid-level managers earning $71.88 per hour (including 25% overhead) would receive the date change request directly from the employee and then spend one minute creating the record themselves. This assumption regarding time spent is based on the fact that records of the employee’s name and original dates of leave must already be kept in the baseline scenario, so the change in the length of leave and the notice of the change in the length of leave are the only new elements. Furthermore, the form that the records take (e.g. paper or digital) is not prescribed, and the content to be recorded is straightforward. Following the assumptions outlined in this section, this record-keeping requirement would result in an estimated $1,957,738 in incremental costs, in present value, over the 10-year analytical period.
Compliance costs for employers to update posted notices containing labour standards provisions
In the baseline scenario, employers under Part III must post a notice outlining labour standards information so their employees can be aware of the minimum standards to which they are entitled. However, once the proposed amendments come into effect, the currently posted notices would no longer be up to date. As a result of the proposed Regulations, it is assumed that all Part III employers would spend 10 minutes per workplace updating these notices to include leave for pregnancy loss and leave for placement of child. The rationale for this assumed time spent is that these notices simply contain the list of provisions outlined in Schedule II of the CLSR,footnote 8 and it is not expected to take more than 10 minutes to print a page and post it in the workplace. Note that this cost is only expected to affect existing employers, since any new entrants must post a notice in the baseline, and the proposed amendments would not affect the difficulty of completing that task.
Workplace counts were derived using internal Integrated Labour System data,footnote 9 and it is expected that an office support employee earning $37.98 per hour (including 25% overhead) would be responsible for completing this activity. In present value terms, this aspect of the proposed amendments would result in an estimated $2,449,425 in incremental upfront costs.
Compliance and administrative costs for employers to learn about the new requirements
Existing employers would have to spend some time to learn about the new administrative and compliance requirements contained in the proposed Regulations. It is expected that employers would pay an administrative supervisor $43.96 per hour (including 25% overhead) for a total of 30 minutes to complete this activity. The justification for this amount of time spent is based on the fact that the proposed amendments simply align with other baseline regulatory requirements, so affected stakeholders should be familiar with what is being proposed. There were 19 150 employers under Part III at the end of 2023 and it is estimated that this count will grow to 19 504 by the time this proposal would come into force. This activity would be limited to the first year of the analytical period and would represent a total cost to all Part III employers of approximately $428,722, in present value terms.
Costs to the Labour Program for regulatory implementation
The Labour Program would assume a one-time cost to communicate the regulatory changes to all affected stakeholders in the year that the changes come into effect. These efforts would include preparing emails and slideshow presentations, running internal information sessions, and adjusting content on webpages and other online materials. Based on an internal estimate, implementation activities that would fall in the analytical period would require a full-time equivalent of effort of about 0.22 and would result in an estimated $32,996 in costs.
Cost-benefit statement
- Number of years: 10 (late 2025 to late 2034)
- Price year: 2024
- Present value base year: 2025
- Discount rate: 7%
Impacted stakeholder | Description of benefit | Base year | Final year | Total (present value) | Annualized value |
---|---|---|---|---|---|
Employees who engage in multi-employer employment | Receiving pay during leave for pregnancy loss (gross earnings) | $150,960 | $163,929 | $1,099,669 | $156,568 |
All stakeholders | Total benefits | $150,960 | $163,929 | $1,099,669 | $156,568 |
Impacted stakeholder | Description of cost | Base year | Final year | Total (present value) | Annualized value |
---|---|---|---|---|---|
Employers of employees who engage in multi-employer employment | Providing pay during leave for pregnancy loss | $150,960 | $163,929 | $1,099,669 | $156,568 |
Employers under Part III | Keeping records of earnings during leave related to pregnancy loss with pay | $16,748 | $18,187 | $121,998 | $17,370 |
Keeping records of changes in the length of bereavement leave | $268,754 | $291,843 | $1,957,738 | $278,738 | |
Updating posted notices containing Labour Standards provisions | $2,449,425 | $0 | $2,449,425 | $348,743 | |
Learning about new requirements | $428,722 | $0 | $428,722 | $61,040 | |
Labour Program | Compliance promotion | $32,996 | $0 | $32,996 | $4,698 |
All stakeholders | Total costs | $3,347,604 | $473,959 | $6,090,548 | $867,157 |
Impact | Base year | Final year | Total (present value) | Annualized value |
---|---|---|---|---|
Total benefits | $150,960 | $163,929 | $1,099,669 | $156,568 |
Total costs | $3,347,604 | $473,959 | $6,090,548 | $867,157 |
Net impact | -$3,196,644 | -$310,030 | -$4,990,880 | -$710,589 |
Note: ongoing costs are discounted as though assumed at the end of each year over the 10-year analytical period (starting in the first year), and upfront costs are discounted as though assumed immediately once the proposed Regulations are registered. Since the present value base year aligns with the registration of the proposed Regulations, and since upfront costs are in the first year only, undiscounted and discounted estimates of upfront costs are equivalent.
Quantified impacts (over 10 years)
- 1 296 employees in the longshoring sector would receive pay for pregnancy loss leave.
- 275 839 records of earnings during pregnancy loss leave would be created.
- 2 338 706 records of changes in the length of bereavement leave would be created.
- 387 007 notices containing labour standards provisions would be updated.
Qualitative impacts
- Reduction in stress for student interns and employees who engage in multi-employer employment
- Raised awareness of new labour standards provisions for all Part III employees
- Better information to support the enforcement of Labour Program requirements
- Improved clarity and consistency in the CLSR and the SWILAR
Small business lens
Most employers under Part III are small businesses, but each small business has fewer employees and fewer workplaces than large business employers. In aggregate, most employees under Part III work for large business employers (87% work in large businesses) and most workplaces are under the control of large businesses. Since the proposed amendments would primarily generate impacts on a per-employee and per-workplace basis, the overall costs are expected to fall predominantly upon large businesses. Overall, small businesses would bear an estimated $1,187,417 in net costs over a 10-year period as a result of this regulatory proposal, or about $64 per business.
On a per-business basis, small businesses are not expected to experience any more profound impacts than large businesses due to the proposed amendments. The incremental costs pertaining to record keeping are minor and would only occur when employees experience a pregnancy loss or want to change the length of their requested bereavement leave, both of which are not expected to occur frequently. Small businesses should not have any additional difficulty with updating their posted notices regarding labour standards provisions since the list of provisions is available online,footnote 8 so little effort would be required to access the information, print it, and post it somewhere in the workplace. Lastly, although the proposed amendments would deem employees who engage in multi-employer employment to be continuously employed for the purpose of determining eligibility for leave related to pregnancy loss with pay, these employees will already have access to unpaid leave in the baseline scenario, so no additional absences were modelled in the regulatory scenario.
Records of earnings paid during an employee’s leave for pregnancy loss and records of changes in the length of bereavement leave may be required by a Labour Affairs Officer while conducting an inspection or investigation, and could be used to support the Canada Industrial Relations Board while adjudicating complaints, orders, notices or AMPs. Up-to-date notices must be kept in the workplace to inform employees of the labour standards to which they are entitled. Therefore, modified compliance requirements for small businesses were considered but were ultimately not deemed to be appropriate.
Small business lens summary
- Number of small businesses impacted: 18 665
- Number of years: 10 (late 2025 to late 2034)
- Price year: 2024
- Present value base year: 2025
- Discount rate: 7%
Administrative or compliance | Description of cost | Present value | Annualized value |
---|---|---|---|
Compliance | Providing pay during leave for pregnancy loss | $185,435 | $26,402 |
Administrative | Keeping records of earnings during leave related to pregnancy loss with pay | $15,938 | $2,269 |
Keeping records of changes in the length of bereavement leave | $255,766 | $36,415 | |
Compliance | Updating posted notices containing Labour Standards information | $320,002 | $45,561 |
Administrative | Learning about the new administrative requirements | $205,138 | $29,207 |
Compliance | Learning about the new compliance requirements | $205,138 | $29,207 |
Total | Total costs | $1,187,417 | $169,061 |
Amount | Present value | Annualized value |
---|---|---|
Net impact on all impacted small businesses [Total benefits minus total costs] |
-$1,187,417 | -$169,061 |
Average net impact on each impacted small business [Net impact divided by number of impacted small businesses] |
-$64 | -$9 |
One-for-one rule
The one-for-one rule applies since there is an incremental increase in the administrative burden on business. The proposal is considered burden IN under the rule, and no regulatory titles are repealed or introduced. The amendments would result in a total annualized administrative cost of $102,518.
As per the Red Tape Reduction Regulations, the assessment of administrative impacts was conducted for a period of 10 years commencing from registration. All values listed in this section are presented in 2012 dollars, discounted to 2012 at a rate of 7%. Statistics Canada Table 18-10-0005-01 Consumer Price Index, annual average, not seasonally adjusted was used to convert current wages back to 2012 prices. For more information on the methods used to monetize the administrative activities presented below, see the full explanations in the “Costs” section above.
The amendments related to keeping records of earnings during paid pregnancy loss leave represent an annualized total cost of $5,452. An estimated 2.5% of Part III employees would qualify for pregnancy loss leave each year, and in each case it is assumed that their employers would spend one minute creating a record of earnings, in the regulatory scenario. There are an estimated 1 038 854 employees at the start of the analytical period, and this employee count is assumed to grow at a rate of 0.92% per year. The average hourly wage (including overhead) of the responsible individual is estimated to be $28.72.
The amendments related to keeping records of changes in the length of bereavement leave represent an annualized total cost of $87,487. An estimated 21% of Part III employees take bereavement leave each year, and in each case it is assumed that their employers would spend one minute creating a new record, in the regulatory scenario. The average hourly wage (including overhead) of the responsible individual is estimated to be $54.36.
When the proposed amendments come into force, all Part III employers will spend some time learning about the new regulatory requirements. As a simplifying assumption, out of the 30 minutes per employer that would be dedicated to this task, 50% would be time spent learning about the new administrative requirements. This upfront cost would be carried by all 19 504 Part III employers at the start of the analytical period. The average wage (including overhead) of the responsible individual is estimated to be $33.25, and the annualized total cost would be $9,579.
Regulatory cooperation and alignment
The Code establishes labour standards for federally regulated workplaces, but the majority of workplaces are regulated under provincial and territorial laws. A provincial scan of policy for leave related to pregnancy loss demonstrated that Alberta, Nova Scotia, Prince Edward Island and Quebec all provide some kind of protected leave of absence specific to situations of pregnancy loss. The implementation of the new provisions under the Code will therefore improve alignment between federal labour standards and those of these provinces.
The policy for leave for placement of child was developed in cooperation with the policy for amendments to the EI Act. The new EI benefit will cover 15 weeks, but the leave provided by the Code was chosen to be 16 weeks to cover both the benefit period and the one-week waiting period. In this way, federal labour standards will be in alignment with the EI benefit, but it will be the decision of provincial and territorial governments to update their own labour standards laws to also align, if they so choose.
The federal government’s approach to implementing these labour standards will be discussed with representatives of provincial and territorial governments through established forums, such as the Canadian Association of Administrators of Labour Legislation (CAALL).
Effects on the environment
In accordance with the Cabinet Directive on Strategic Environmental and Economic Assessment, this proposal has been exempted from the strategic environmental and economic assessment (SEEA) requirement as there are no broader environmental impacts.
Gender-based analysis plus
The policy goal of the addition of leave related to pregnancy loss, the extension of bereavement leave and the addition of leave for placement of child to the Code is to acknowledge the different family formations that exist in Canada and provide support to parents or persons expecting to become parents during significant life events, including a pregnancy loss, the loss of a child, or the arrival of a child through adoption or surrogacy. The new legislation will have its most direct impact on cisgender women and transgender men, as they are the group who could experience a loss of pregnancy and the physical and psychological burden that goes with it. Still, since the leave is also available to employees who are the spouse or common-law partner of a person who experiences a pregnancy loss, other groups will benefit from the new legislation as well.
According to the Survey of Employees under Federal Jurisdiction (SEFJ), it was determined in 2022 that 65% of employees in the federally regulated industries covered by Part III of the Code are male while 35% are female.
As described in previous sections, the proposed Regulations would establish that employees in multi-employer employment are continuously employed for the purpose of determining their eligibility to receive the pay associated with leave related to pregnancy loss. Employees must be continuously employed for at least three months to be eligible for the pay. The only workers under federal jurisdiction who engage in multi-employer employment are longshore workers, so that group is particularly impacted by the proposed Regulations. Although there are no figures for this specific occupation, it was reported, based on the SEFJ, that 76% of workers in maritime transportation are male while 24% are female. These workers are evenly spread across all age groups. They are entitled to take leave related to pregnancy loss if their spouse or common-law partner experiences a pregnancy loss. It is therefore projected that the majority of persons to benefit from this particular regulatory amendment would be men.
The proposed Regulations also make leave related to pregnancy loss and the new bereavement leave provisions available to student interns. Previous analysis from the time the SWILAR were developed determined that a majority of this population was women. However, the population of student interns regulated under the Code is known to be very small. When the SEFJ was conducted, this group was so small that the result was not considered statistically significant, and a reliable estimate of the population could not be made.
Rationale
The changes to the CLSR described above are needed to ensure that proper records of pay given to employees taking leave related to pregnancy loss, that proper records of any changes made to the length of bereavement leave and that copies of any notice in the change in length are kept. These documents are required to ensure that employers comply with their obligations of providing these labour standards to employees, and the documents may be requested over the course of an inspection or investigation. Other changes to the CLSR will prescribe how to determine the pay for leave related to pregnancy loss leave for employees who are not paid a regular hourly wage, confirm how employees in multi-employer employment become eligible for this leave, and otherwise provide clarity as to how labour standards covered under Part III of the Code function in practice.
The amendments to the SWILAR are required to establish that student interns also have the right to leave related to pregnancy loss and to certain new protections related to bereavement leave.
The amendments to the AMPR are required in the case that it becomes necessary to use AMPs to enforce the new leave related to pregnancy loss, the new leave for placement of child or the protections related to bereavement leave. AMPs may only be issued in response to contraventions of specific sections of the Code or of the regulations made under the Code when violations for those sections are specifically designated under the AMPR.
Implementation, compliance and enforcement, and service standards
Implementation
The FESIA 2023 states that the amendments for leave related to pregnancy loss and bereavement leave will come into force on the 540th day after the day on which the Act receives royal assent (which would be December 12, 2025) or on an earlier day to be fixed by order of the Governor in Council. The related regulations are planned to come into force on the same day.
The amendments for leave for placement of child, which were covered under a separate division of the FESIA 2023, will come into force by order in council at the same time as the related amendments to the EI Act on a day that is yet to be determined, but projected for 2026.
Online educational materials available on the Canada.ca website would be updated to include the new provisions of the Code and describe the new rights and responsibilities of employees and employers.
Labour Program officers will receive training on the new provisions prior to the coming into force of the provisions in order to carry out their compliance and enforcement duties.
Compliance and enforcement
Employees in federally regulated workplaces who believe that the rights provided to them under Part III of the Code have not been respected can submit a complaint to the Labour Program, and the complaint will be investigated by a Labour Affairs Officer, provided the date the contravention took place was not more than six months before the complaint was made. Officers have a number of enforcement tools available to them, such as issuing compliance orders, issuing payment orders for unpaid wages or, in the case of serious or repeat offenders, issuing AMPs. More information about the process of issuing AMPs is available online in the Labour Program’s Interpretations, Policies, and Guidelines document entitled Administrative Monetary Penalties - Canada Labour Code, Part IV - IPG-106. Orders and AMPs are subject to a review and appeal process. Appeals are heard by the CIRB. The CIRB is an independent, representational, quasi-judicial tribunal responsible for the interpretation and administration of Part I of the Code, as well as for certain provisions of Part II, Part III and Part IV. The CIRB has the power to confirm, rescind or vary an order. It can also correct the amount of any AMP.
A person who is dismissed by their employer and believes the dismissal to be unjust may also make a complaint to the Labour Program, which will attempt to assist the parties to settle the complaint. If the complaint cannot be settled within a reasonable period, it will be referred for adjudication, at the complainant’s request, to the CIRB. An employee may also make a complaint directly to the CIRB if they believe their employer has taken a reprisal against them for exercising or seeking to exercise any right conferred by Part III of the Code. In response to complaints of unjust dismissal or complaints relating to reprisals, the CIRB has the power to require an employer to pay compensation, reinstate the employee, permit the employee to return to their duties, or take other actions to remedy or counteract any consequence of the dismissal or reprisal.
Service standards
No service standards are anticipated to be affected by the proposed amendments.
Contact
Annic Plouffe
Executive Director
Labour Standards and Wage Earner Protection Program
Workplace Directorate
Employment and Social Development Canada — Labour Program
Telephone: 613‑816‑6929
Email: EDSC.DMT.ConsultationNTModernes-ConsultationModernLS.WD.ESDC@labour-travail.gc.ca
PROPOSED REGULATORY TEXT
Notice is given that the Governor in Council proposes to make the annexed Regulations Amending Certain Regulations Made Under the Canada Labour Code (Leave Related to Pregnancy Loss, Bereavement Leave and Leave for Placement of Child) under paragraphs 175(1)(d) and 203(2)(b)footnote a, subsection 206.51(8)footnote b, paragraph 209.4(a)footnote c and subsections 264(1)footnote d and 270(1)footnote e of the Canada Labour Code footnote f.
Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. They are strongly encouraged to use the online commenting feature that is available on the Canada Gazette website but if they use email, mail or any other means, the representations should cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent to Annic Plouffe, Executive Director, Labour Standards and Wage Earner Protection Program, Labour Program, Employment and Social Development Canada, 165 De l’Hôtel-de-Ville Street, Place du Portage, Phase II, 10th Floor, Gatineau, Quebec J8X 3X2 (email: EDSC.DMT.ConsultationNTModernes-ConsultationModernLS.WD.ESDC@labour-travail.gc.ca).
Ottawa, June 13, 2025
Janna Rinaldi
Acting Assistant Clerk of the Privy Council
Regulations Amending Certain Regulations Made Under the Canada Labour Code (Leave Related to Pregnancy Loss, Bereavement Leave and Leave for Placement of Child)
Canada Labour Standards Regulations
1 (1) Paragraph 6(7)(b) of the Canada Labour Standards Regulations footnote 10 is replaced by the following:
- (b) of holiday with pay granted to the employee under Division V of the Act;
(2) Subsection 6(7) of the Regulations is amended by adding the following after paragraph (c):
- (c.1) of leave related to pregnancy loss with pay;
(3) Subsection 6(7) of the Regulations is amended by striking out “or” at the end of paragraph (f.1) and by adding the following after paragraph (f.1):
- (f.2) that consists of any combination of the vacation, holiday or leave described in paragraphs (a) to (f.1); or
(4) Subsection 6(8) of the Regulations is amended by adding the following after paragraph (a):
- (a.1) of holiday with pay granted to the employee under Division V of the Act;
(5) Subsection 6(8) of the Regulations is amended by adding the following after paragraph (b):
- (b.1) of leave related to pregnancy loss with pay;
- (b.2) of personal leave with pay;
(6) Subsection 6(8) of the Regulations is amended by adding the following after paragraph (d):
- (d.1) of bereavement leave with pay;
(7) Subsection 6(8) of the Regulations is amended by striking out “or” at the end of paragraph (d), by adding “or” at the end of paragraph (e) and by adding the following after paragraph (e):
- (f) that consists of any combination of the days described in paragraphs (7)(a) to (g).
2 The heading before section 17 of the Regulations is replaced by the following:
Regular Rate of Wages for Purposes of General Holidays, Leave Related to Pregnancy Loss, Personal Leave, Leave for Victims of Family Violence, Bereavement Leave and Medical Leave
3 The portion of section 17 of the Regulations before paragraph (a) is replaced by the following:
17 For the purposes of subsections 206.51(6), 206.6(2), 206.7(2.1), 210(2) and 239(1.3) of the Act, the regular rate of wages of an employee whose hours of work differ from day to day or who is paid on a basis other than time shall be
4 Subsection 18.1(8) of the Regulations is replaced by the following:
(8) For the purposes of subsections (3) to (5), vacation pay, holiday pay, pay for leave related to pregnancy loss, personal leave pay, pay for leave for victims of family violence, bereavement leave pay, overtime pay, medical leave of absence pay and pay received under section 146.5, subsection 205(2) or 251.12(5) or section 288 of the Act are not taken into account in the calculation of wages earned.
5 Subsection 19(6) of the Regulations is replaced by the following:
(6) For the purposes of subsections 177.1(1), 206.51(6), 206.6(2), 206.7(2.1), 206.8(1), 210(2), 230(1), 235(1) and 239(1.2), paragraph 240(1)(a) and subsection 247.5(1) of the Act, if an employee is engaged in multi-employer employment, that employee is deemed to be continuously employed.
6 Paragraph 20(3)(a) of the Regulations is replaced by the following:
- (a) the wages paid for work performed do not include vacation pay, holiday pay, pay for leave related to pregnancy loss, personal leave pay, pay for leave for victims of family violence, bereavement leave pay, medical leave of absence pay and overtime pay; and
7 (1) Paragraph 24(2)(e) of the Regulations is replaced by the following:
- (e) the actual earnings, indicating the amounts paid each pay day and the amounts paid as overtime pay, vacation pay, holiday pay, pay for leave related to pregnancy loss, personal leave pay, pay for leave for victims of family violence, bereavement leave pay, medical leave of absence pay, termination pay and severance pay;
(2) Subparagraph 24(2)(h)(iii) of the Regulations is replaced by the following:
- (iii) any documentation, including a copy of any certificate from a health care practitioner, that was provided by the employee in respect of the leave or interruption;
(3) Paragraph 24(2)(i) of the Regulations is replaced by the following:
- (i) any holiday with pay granted to the employee under Division V of the Act, any notice of substitution of a general holiday required to be posted under section 195 of the Act and, in respect of employees not subject to a collective agreement, proof that the substitution was approved in accordance with subsection 195(2) of the Act;
(4) Subparagraphs 24(2)(m)(i) and (ii) of the Regulations are replaced by the following:
- (i) the date on which that period begins and its length, as well as any change in the length of the leave, and
- (ii) a copy of any notice provided by that employee in accordance with subsections 210(1.3) and (1.4) of the Act;
(5) Subparagraph 24(2)(o)(ii) of the Regulations is replaced by the following:
- (ii) a copy of any certificate from a health care practitioner submitted by the employee in respect of that leave,
8 Subsection 25(3) of the Regulations is repealed.
9 (1) Schedule II to the Regulations is amended by adding the following after “Maternity leave”:
Leave for placement of child
(2) Schedule II to the Regulations is amended by adding the following after “Leave related to death or disappearance”:
Leave related to pregnancy loss
10 Schedule III to the Regulations is amended by replacing paragraph (k) with the following:
(k) The method of calculating holiday pay is:
Standards for Work-Integrated Learning Activities Regulations
11 Paragraph 4(1)(h) of the Standards for Work-Integrated Learning Activities Regulations footnote 11 is replaced by the following:
- (h) the start and end dates of each leave granted to the person under these Regulations, as well as any change in the length of the leave;
12 (1) Paragraph 5(e) of the Regulations is amended by adding the following after subparagraph (iii):
- (iii.1) subsections 206.51(1) to (5) and (7),
(2) Subparagraph 5(e)(vii) of the Regulations is replaced by the following:
- (vii) subsections 207.3(1) to (3) and (5),
(3) Paragraph 5(f) of the Regulations is replaced by the following:
- (f) under Division VIII (Bereavement Leave), subsections 210(1) to (1.7) and 210.2(1) and section 210.5;
Administrative Monetary Penalties (Canada Labour Code) Regulations
Item | Column 1 Provision |
Column 2 Violation Type |
---|---|---|
48.1 | 206.01(2) | C |
Item | Column 1 Provision |
Column 2 Violation Type |
---|---|---|
54.1 | 206.51(3) | C |
54.2 | 206.51(6) | B |
Item | Column 1 Provision |
Column 2 Violation Type |
---|---|---|
77.1 | 210(1.01) | C |
Item | Column 1 Provision |
Column 2 Violation Type |
---|---|---|
78.1 | 210.1 | C |
78.2 | 210.2(1) | C |
78.3 | 210.2(2) | C |
78.4 | 210.2(3) | C |
78.5 | 210.2(4) | C |
78.6 | 210.3(1) | C |
78.7 | 210.3(3) | B |
78.8 | 210.4 | B |
78.9 | 210.5 | C |
Coming into Force
17 (1) Subject to subsection (2), these Regulations come into force on the day on which sections 197 to 203 of the Fall Economic Statement Implementation Act, 2023, chapter 15 of the Statutes of Canada 2024, come into force, but if these Regulations are registered after that day, they come into force on the day on which they are registered.
(2) Subsection 9(1) and section 13 of these Regulations come into force on the day on which Division 12 of Part 5 of the Fall Economic Statement Implementation Act, 2023, chapter 15 of the Statutes of Canada 2024, comes into force, but if these Regulations are registered after that day, they come into force on the day on which they are registered.
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Privacy notice
The information you provide is collected under the authority of the Financial Administration Act, the Department of Public Works and Government Services Act, the Canada–United States–Mexico Agreement Implementation Act,and applicable regulators’ enabling statutes for the purpose of collecting comments related to the proposed regulatory changes. Your comments and documents are collected for the purpose of increasing transparency in the regulatory process and making Government more accessible to Canadians.
Personal information submitted is collected, used, disclosed, retained, and protected from unauthorized persons and/or agencies pursuant to the provisions of the Privacy Act and the Privacy Regulations. Individual names that are submitted will not be posted online but will be kept for contact if needed. The names of organizations that submit comments will be posted online.
Submitted information, including personal information, will be accessible to Public Services and Procurement Canada, who is responsible for the Canada Gazette webpage, and the federal institution managing the proposed regulatory change.
You have the right of access to and correction of your personal information. To seek access or correction of your personal information, contact the Access to Information and Privacy (ATIP) Office of the federal institution managing the proposed regulatory change.
You have the right to file a complaint to the Privacy Commission of Canada regarding any federal institution’s handling of your personal information.
The personal information provided is included in Personal Information Bank PSU 938 Outreach Activities. Individuals requesting access to their personal information under the Privacy Act should submit their request to the appropriate regulator with sufficient information for that federal institution to retrieve their personal information. For individuals who choose to submit comments anonymously, requests for their information may not be reasonably retrievable by the government institution.