Regulations Amending Certain Regulations Made Under the Canada Labour Code (Leave Related to Pregnancy Loss, Bereavement Leave and Leave for Placement of Child): SOR/2025-240

Canada Gazette, Part II, Volume 159, Number 26

Registration
SOR/2025-240 November 28, 2025

CANADA LABOUR CODE

P.C. 2025-838 November 28, 2025

Her Excellency the Governor General in Council, on the recommendation of the Minister of Employment and Social Development, makes 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.

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 1 is replaced by the following:

(2) Subsection 6(7) of the Regulations is amended by adding the following after paragraph (c):

(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):

(4) Subsection 6(8) of the Regulations is amended by adding the following after paragraph (a):

(5) Subsection 6(8) of the Regulations is amended by adding the following after paragraph (b):

(6) Subsection 6(8) of the Regulations is amended by adding the following after paragraph (d):

(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):

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:

7 (1) Paragraph 24(2)(e) of the Regulations is replaced by the following:

(2) Subparagraph 24(2)(h)(iii) of the Regulations is replaced by the following:

(3) Paragraph 24(2)(i) of the Regulations is replaced by the following:

(4) Subparagraphs 24(2)(m)(i) and (ii) of the Regulations are replaced by the following:

(5) Subparagraph 24(2)(o)(ii) of the Regulations is replaced by the following:

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 2 is replaced by the following:

12 (1) Paragraph 5(e) of the Regulations is amended by adding the following after subparagraph (iii):

(2) Subparagraph 5(e)(vii) of the Regulations is replaced by the following:

(3) Paragraph 5(f) of the Regulations is replaced by the following:

Administrative Monetary Penalties (Canada Labour Code) Regulations

13 Part 1 of Schedule 2 to the Administrative Monetary Penalties (Canada Labour Code) Regulations footnote 3 is amended by adding the following after item 48:
Item

Column 1

Provision

Column 2

Violation Type
48.1 206.01(2) C
14 Part 1 of Schedule 2 to the Regulations is amended by adding the following after item 54:
Item

Column 1

Provision

Column 2

Violation Type
54.1 206.51(3) C
54.2 206.51(6) B
15 Part 1 of Schedule 2 to the Regulations is amended by adding the following after item 77:
Item

Column 1

Provision

Column 2

Violation Type
77.1 210(1.01) C
16 Part 1 of Schedule 2 to the Regulations is amended by adding the following after item 78:
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.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

The Fall Economic Statement Implementation Act, 2023 (FESIA 2023), which received royal assent on June 20, 2024, includes amendments to Part III (Standard Hours, Wages, Vacations and Holidays) 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 (Labour Standards), 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 an estimated 18 500 employers in industries such as

Part III of the Code provides the authority under which the CLSR and the SWILAR, among other regulations, were made.

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 entitled to payments that would normally be included as part of some of these leaves. Student interns are not required to be paid. In order for a person to be considered as a student intern, the person would need to provide the employer with documentation from an educational institution or vocational school providing the name of the program in which they are enrolled, a description of the activities needed to fulfill the requirements of the program and various other information concerning the internship. For any other person who performs activities for an employer to gain knowledge or experience but does not meet the criteria to be considered a student intern, all of the provisions of Part III of the Code apply just as if they were an employee. More information about the application of the Code to interns is available in the Labour Program’s online document, Interns and student interns – IPG-102.

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 under which the AMPR was made; the latter designates and classifies 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

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 will be available for up to three days. In either case, employees will be 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 will apply.

For the purpose of this leave, a common-law partner means a person who is cohabiting with an individual in a conjugal relationship, having so cohabited for a period of at least one year.

Employees will be required to provide the employer with notice in writing about the reasons for the leave, but they will not be required to provide documentation in support of the reasons for the leave.

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 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, 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, the SWILAR and the AMPR are required.

In addition to these amendments, some minor miscellaneous amendments to the CLSR are required to

Objective

The objective of the Regulations Amending Certain Regulations Made Under the Canada Labour Code (Leave Related to Pregnancy Loss, Bereavement Leave and Leave for Placement of Child) [the Regulations] 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 will support the implementation of the new provisions by

Description

The Regulations will 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 amendments to the regulations are summarized below.

Canada Labour Standards Regulations

The amendments to the Canada Labour Standards Regulations (CLSR) are as follows:

  1. 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 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.
  2. 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 or 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 contain a formula to determine what wages are owed to the employee.
    • The amendments will add that the same formula can be used to determine the wages owed when an employee takes leave related to pregnancy loss.
  3. Establish that wages resulting from leave related to pregnancy loss or 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 contain 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 amendments will establish that wages resulting from leave related to pregnancy loss or medical leave are also excluded from the formula.
  4. Establish that wages resulting from leave related to pregnancy loss, medical leave, personal leave or leave for victims of family violence do not impact wages owed for certain other benefits provided by the Code. Employers are normally required to pay employees additional amounts when they work overtime hours or work during general holidays. Furthermore, employees 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. If the employee is paid on a basis other than an hourly rate, the CLSR contain a formula to determine what the employee’s hourly rate of wages should be, based on wages paid for work performed divided by 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 amendments will establish that wages resulting from leave related to pregnancy loss, medical leave, personal leave or leave for victims of family violence are also excluded from the formula.
  5. Update language in the employer’s record-keeping requirements from “medical certificate” to “certificate from a health care practitioner” to ensure consistency with previous amendments to the Code and the CLSR.
  6. Change references to “general holiday pay” to “holiday pay” in various sections of the English version of the CLSR to better align with the Code, which provides a definition for “holiday pay.” Similar changes will be made in the French version to refer to “indemnitĂ© de congĂ© pour jour fĂ©riĂ©.”
  7. 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.
  8. Require employers to keep records of amounts paid related to leave for pregnancy loss. This will add to an existing list of earnings for which employers must keep records.
  9. 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.
  10. 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. In the past, Part III of the Code contained a division requiring employers to prepare policies on sexual harassment in the workplace. This division was repealed in 2018 when broader harassment and violence prevention requirements were added to Part II of the Code. This is therefore a technical amendment reflecting the fact that related legislative obligations no longer appear in Part III of the Code.
  11. Include “leave related to pregnancy loss” and “leave for placement of child” on a list of labour standards provisions mentioned in the notice related to Part III of the Code that employers are required to share with their employees.

Standards for Work-Integrated Learning Activities Regulations

The amendments to the Standards for Work-Integrated Learning Activities Regulations (SWILAR) are as follows:

  1. 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.
  2. 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.
  3. Establish that some of the new provisions concerning bereavement leave also apply to student interns. Like employees, student interns will have to provide their 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.
  4. 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

The Regulations amend 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 amendments will permit the Labour Program to issue AMPs if an employer

  1. 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);
  2. denies an employee their right to take leave for placement of child (Type C);
  3. 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);
  4. does not provide an employee with notice of employment opportunities while on bereavement leave (Type C);
  5. 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);
  6. 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);
  7. 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);
  8. 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);
  9. prevents an employee who is on bereavement leave from accessing any income-replacement scheme or insurance plan to which they are entitled (Type B);
  10. dismisses, suspends, lays off, demotes or disciplines an employee for exercising their right to take bereavement leave (Type C); or
  11. 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 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 also 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 comments specific to the new leaves, some employer stakeholders under the jurisdiction of Part III of the Code have in the past 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.

Proposed Regulations

During the 30-day comment period following the prepublication of the proposed Regulations in the Canada Gazette, Part I, on June 28, 2025, six stakeholders submitted feedback. The comments were generally supportive of the proposed changes. It was remarked that relying on the existing formula to determine an employee’s wages when taking paid leave would ease the implementation of leave related to pregnancy loss. Even so, employers expressed concern about the increased administrative burden and cost implications of the Regulations, particularly about providing the leave related to pregnancy loss to student interns. Some stakeholders asked for clear guidance materials. Respecting leave for placement of child, one group asked that it should cover culturally specific caregiving forms including customary adoption, kinship care, and other arrangements recognized within Indigenous communities. In addition, it suggested interpreting broadly what is meant by an employee who intended to be the legal parent of the child. A comment from another group raised the need to protect the confidentiality of leave requests.

Although beyond the scope of the regulatory consultation, employers voiced concerns about the cost impacts of new leave provisions and the cumulative effect of multiple amendments to the Code in recent years. A point was also made that increasing legislated labour standards limits the capacity for employers and employees to engage in meaningful negotiations to develop tailored measures that suit the unique realities of different workplaces. In contrast, employee representatives recommended longer leave periods or more days of leave with pay.

While recognizing stakeholder concerns regarding the implementation costs and administrative burden resulting from new labour standards, these must be weighed against the expected benefits. In this case, the qualitative and quantitative benefits of providing more paid time off to employees at the time of a pregnancy loss or when a child is placed into their care was determined to be greater than the expected costs to employers. The population of student interns in federally regulated workplaces is known to be so small that the overall implementation costs of providing leave related to pregnancy loss to them is determined to be negligible. Nonetheless, the estimated cost impacts included in the Regulatory Impact Analysis Statement for the proposed Regulations prepublished in June 2025 were re-evaluated and updated, and the points raised by stakeholders were considered in that process.

The amendments being made to the Code will provide that leave for placement of child will cover the same types of placements for the purpose of adoption already covered by parental leave under the Code. Namely, it will apply to placements for the purposes of adoption under the laws governing adoption in the province in which the employee resides, including Indigenous customary adoptions and placements under a foster-to-adopt program or other similar programs. Since laws related to adoption vary widely across Canada, and some provinces and territories may recognize categories of adoption that are based on the customary laws of Indigenous communities through legislation, employees may wish to consult their local adoption authority for more information about adoption specific to their circumstances. In addition, the amendments to the Code include that regulations may also prescribe cases that are considered placements for the purpose of the leave. This mechanism could be contemplated in the future should adjustments be required.

Every employee who takes a leave of absence related to pregnancy loss will be required to, as soon as possible, provide the employer with a notice in writing of the reasons for the leave and the length of the leave that they intend to take. As it does for most leaves under Part III of the Code, the CLSR will require employers to keep this information on record. The treatment of personal information by employers is governed by privacy legislation.

The Government of Canada’s website will be updated to reflect the amendments to the Code and the new leaves of absence to provide guidance to employers and employees, including any needed clarification of terms. Those who have further questions will be able to direct them to a representative by calling 1‑800‑641‑4049.

No changes were made to the proposed Regulations following prepublication.

Indigenous engagement, consultation and modern treaty obligations

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 the 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 and information sessions held between August 2021 and October 2022. One organization met with representatives of the Labour Program to discuss the proposed Regulations following the prepublication.

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 necessary:

There are no non-regulatory options that could achieve these outcomes.

Regulatory analysis

Changes to the analysis since the prepublication in the Canada Gazette, Part I

The analysis supporting this publication includes some key data updates that have affected the impact estimates to some extent. Compared to the publication of the proposed amendments in the Canada Gazette, Part I, the total cost estimate has decreased by approximately 27% and the estimate of total benefits has increased by 4%, in present value terms.

The following changes were applied, using the latest available information from various internal and external sources:

Benefits and costs

Over the 10-year analytical period starting at the end of 2025, the amendments will result in an estimated $1,143,682 in benefits and $4,439,915 in costs, both in present value terms. Based on these estimates, the total net present value of costs will be $3,296,233 and the annualized net cost will be $469,309.

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 Regulations, student interns, who are not employees, would not be entitled to these new provisions once legislative changes come into force.

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, that 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 that 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 will benefit by earning three days of pay during pregnancy loss leave, and their employers will assume a corresponding cost. In addition, all employers under Part III will 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 amendments come into force, the Labour Program will assume a one-time cost to communicate these regulatory changes to the affected stakeholders, and Part III employers will spend time learning about the new requirements. Student interns will 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 will 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 the absence of the regulatory 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 regulatory amendments come into force, employees who would be entitled to unpaid leave in the baseline scenario will 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 4 Canadian Institute of Health Information (CIHI) data on induced abortions,footnote 5 and Public Health Agency of Canada (PHAC) information on the percentage of pregnancies that result in a miscarriage or an ectopic pregnancy.footnote 6

Table 1: Estimates of prevalence of pregnancy loss in Canada in 2022
Parameter Value in 2023 Source
Total births 354 983 Statistics Canada
Live births 351 878 Statistics Canada
Fetal deaths (stillbirths) 3 106 Statistics Canada
Induced abortions 101 553 table 5 note a Canadian Institute for Health Information
Miscarriages or ectopic pregnancies 168 856 table 5 note b Labour Program estimate
Total pregnancy loss in Canada 273 515 Labour Program estimate
Table 5 note(s)
Table 5 note a

The most recent year for which the estimate of the number of induced abortions was available from CIHI at the time of the analysis is 2023.

Return to table 5 note a referrer

Table 5 note b

The upper bound estimates from PHAC were used to estimate miscarriages (15% to 25% of pregnancies result in a miscarriage) and ectopic pregnancies (1% to 2% of pregnancies are ectopic).

Return to table 5 note b referrer

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 7 Based on an internal calculation that 5.6% 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 will qualify for pregnancy loss leave = 273 515 Ă— 2 Ă— 83.7% Ă— 5.6% = 25 640

There were 1 020 000 employees under Part III at the end of 2024, based on the most recent internal data available. 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 will qualify for pregnancy loss leave = 25 640/1 020 000 = 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 will qualify for pregnancy loss leave was applied to the most recent count of employees in this sector.footnote 8 There will be an estimated 4 962 casual longshoring employees when the amendments come into force, and this count is assumed to grow at a rate of 1.46% per year throughout the analytical period. In total, an estimated 1 352 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 9 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 will 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 are estimated to be paid to employees who engage in multi-employer employment is an estimated $1,143,682.

Qualitative benefits

The amendments will generate various other benefits that could not be quantified or monetized, primarily due to data limitations.

First, the amendments will enable employees who engage in multi-employer employment to 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 will reduce pressure on recovering employees, thereby reducing stress. Student interns will also experience a reduction in stress as a result of the amendments, since they will be able to take an unpaid leave following a pregnancy loss. They will 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 will be entitled to the provisions related to changing the length of bereavement leave.

In the absence of the 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 amendments, employees will be made aware of these new provisions to which they are entitled. This awareness will facilitate self-advocacy and increase the likelihood that employees utilize the appropriate type or types 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).

The amendments will require that records of earnings during leave related to pregnancy loss with pay and records of changes in the length of bereavement leave be kept by the employer. These records may be required by a Labour Affairs Officer conducting an inspection or investigation, and could be used to inform the Canada Industrial Relations Board while adjudicating complaints, orders, notices or AMPs. Therefore, the record-keeping provisions in the amendments will facilitate the Labour Program’s compliance and enforcement efforts.

Lastly, miscellaneous regulatory amendments will 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 amendments, their employers will now have to pay additional wages. Using the same assumptions and the methodology described above, the amendments will cause employers to pay an estimated $1,143,682 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 will 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 amendments are in force, 26 397 Part III employees are expected to experience a pregnancy loss, and this number is modelled as growing at 1.46% per year throughout the analytical period. In addition, it is assumed that an office support employee earning $37.98 per hour (including 25% overhead) will 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 will 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 $124,379.

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. However, in the absence of regulatory amendments, it is not expected that any employers would keep records of these changes to leave duration. All Part III employers will 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 is 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 is modified in 100% of cases in the regulatory scenario. Using this approach generates an upper bound estimate; the true impact is likely much lower.

To quantify this impact, it is first necessary to estimate the annual amount of bereavement leave that Part III employees 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 focuses 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 will take bereavement leave approximately 7.5 times over the course of their careers, or an average of about 0.21 times per year.footnote 10 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 will be an estimated 1 034 892 employees under Part III at the start of the analytical period, and this count is assumed to grow at a constant rate of 1.46% 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 may be 224 711 instances of bereavement leave in the first year that the amendments come into force, and 2 401 140 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) will 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 will result in an estimated $2,004,000 in incremental costs, in present value, over the 10-year analytical period.

Compliance costs for employers to update posted notices listing 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 legislative amendments come into effect, the currently posted notices will require updating. As a result of these Regulations, it is assumed that all Part III employers will 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 11 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 these amendments will not affect the difficulty of completing that task.

Workplace counts were estimated using data on workplaces from the Integrated Labour System (ILS) and employer counts provided by data experts in the Labour Program. When these amendments were published in the Canada Gazette, Part I, it was estimated that there would be 387 006 workplaces under federal jurisdiction by the end of 2025. This estimate was based on the average number of workplaces per sector derived from 2019 ILS workplace data and per-sector employer counts at the end of 2021. For the final publication of these amendments in the Canada Gazette, Part II, an average workplace count was derived for all sectors in aggregate using 2023 ILS data, and this value was applied to the aggregate Part III employer count at the end of 2024. Given these data sources and methodological updates, the estimated count of workplaces at the end of 2025 dropped to 115 816, thereby reducing the estimated costs associated with this activity.

It is expected that an office support employee earning $37.98 per hour (including 25% overhead) will be responsible for updating posted notices in each workplace. In present value terms, this aspect of the amendments will result in an estimated $733,021 in incremental upfront costs.

Compliance and administrative costs for employers to learn about the new requirements

Existing employers will have to spend some time learning about the new administrative and compliance requirements contained in the Regulations. It is expected that employers will 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 amendments simply align with other baseline regulatory requirements, so affected stakeholders should be familiar with the amendments. There were 18 500 employers under Part III at the end of 2023 and it is estimated that this count will shrink to 18 281 by the time the amendments come into force. This activity is limited to the first year of the analytical period and will represent a total cost to all Part III employers of approximately $401,837, in present value terms.

Costs to the Labour Program for regulatory implementation

The Labour Program will 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 will include preparing emails and slideshow presentations, running internal information sessions, and adjusting content on web pages and other online materials. Based on an internal estimate, implementation activities that fall in the analytical period will require a full-time equivalent of effort of about 0.22 and will result in an estimated $32,996 in costs.

Operational costs to employers of student interns

Approximately 80% of interns in federally regulated organizations are paid, with the remaining 20% being unpaid. Paid interns are, in most cases, treated as if they are employees, so they have access to the same leave provisions as all other employees in the baseline scenario. Conversely, student interns are not required to be paid and are not considered to be employees. They will gain access to unpaid leave related to pregnancy loss once these amendments come into effect; employers will not be required to pay them for any portion of this leave. As a result, employers of student interns who take leave related to pregnancy loss may bear some additional operational costs to temporarily backfill positions or to search for new applicants.

While there is insufficient information to place a monetary value on these additional operating costs, it is possible to estimate the number of unpaid interns who will take unpaid leave as a result of these amendments. Using the count of unpaid interns from the Federal Jurisdiction Workplace Survey 2015 and the annual growth rate of federally regulated employees of 1.46% per year, there will be an estimated 2 713 unpaid interns in federally regulated organizations in Canada at the end of 2025. Assuming that interns qualify for leave related to pregnancy loss at the same rate as employees (2.5% per year), an estimated 729 interns may make use of these forms of unpaid leave throughout the 10-year analytical period.

Cost-benefit statement
Table 2: Monetized benefits
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) $153,624 $175,101 $1,143,682 $162,835
All stakeholders Total benefits $153,624 $175,101 $1,143,682 $162,835
Table 3: Monetized costs
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 $153,624 $175,101 $1,143,682 $162,835
Employers under Part III Keeping records of earnings during leave related to pregnancy loss with pay $16,707 $19,043 $124,379 $17,709
Keeping records of changes in the length of bereavement leave $269,185 $306,817 $2,004,000 $285,325
Updating posted notices listing labour standards provisions $733,021 $0 $733,021 $104,366
Learning about new requirements $401,837 $0 $401,837 $57,213
Labour Program Compliance promotion $32,996 $0 $32,996 $4,698
All stakeholders Total costs $1,607,370 $500,960 $4,439,915 $632,144
Table 4: Summary of monetized benefits and costs
Impact Base year Final year Total (present value) Annualized value
Total benefits $153,624 $175,101 $1,143,682 $162,835
Total costs $1,607,370 $500,960 $4,439,915 $632,144
Net impact -$1,453,746 -$325,860 -$3,296,233 -$469,309

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 Regulations are registered. Since the present value base year aligns with the registration of the 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)
Qualitative impacts

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 amendments will 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 will bear an estimated $953,915 in net costs over a 10-year period as a result of the Regulations, or about $57 per business.

On a per-business basis, small businesses are not expected to experience any more profound impacts than large businesses due to the amendments. The incremental costs pertaining to record keeping are minor and will only occur when employees experience a pregnancy loss or want to change the length of their 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 11 so little effort will be required to access the information, print it, and post it somewhere in the workplace. Lastly, although the amendments will 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 would 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 inform 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
Table 5: Costs
Administrative or compliance Description of cost Present value Annualized value
Compliance Providing pay during leave for pregnancy loss $192,857 $27,459
Administrative Keeping records of earnings during leave related to pregnancy loss with pay $13,143 $1,871
Keeping records of changes in the length of bereavement leave $211,760 $30,150
Compliance Updating posted notices containing labour standards information $169,212 $24,092
Administrative Learning about the new administrative requirements $183,471 $26,122
Compliance Learning about the new compliance requirements $183,471 $26,122
Total Total costs $953,915 $135,816
Table 6: Net impacts
Amount Present value Annualized value

Net impact on all impacted small businesses

[Total benefits minus total costs]

 -$953,915 -$135,816

Average net impact on each impacted small business

[Net impact divided by number of impacted small businesses]

 -$57 -$8

One-for-one rule

The one-for-one rule applies, since there is an incremental increase in the administrative burden on business. The amendments are considered burden IN under the rule, and no regulatory titles are repealed or introduced. The amendments will result in a total annualized administrative cost of $85,520. Since some employers covered under Part III are not considered to be businesses as defined in the Red Tape Reduction Act, these employers are not included in this administrative burden analysis.

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 $4,497. An estimated 2.5% of Part III employees will qualify for pregnancy loss leave each year, and in each case it is assumed that their employers will spend one minute creating a record of earnings in the regulatory scenario. There will be an estimated 837 334 employees at small, medium and large businesses at the start of the analytical period, and this employee count is assumed to grow at a rate of 1.46% 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 $72,455. An estimated 21% of Part III employees take bereavement leave each year, and in each case it is assumed that their employers will 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 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 will be dedicated to this task, 50% will be time spent learning about the new administrative requirements. This upfront cost will be incurred by all 17 444 small, medium and large business 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 will be $8,567.

Regulatory cooperation and alignment

The Code establishes labour standards for federally regulated workplaces; however, the majority of workplaces are regulated under provincial and territorial laws. A provincial scan of policy for leave related to pregnancy loss indicates 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 is therefore anticipated to improve alignment between federal labour standards and those of these provinces.

The policy for leave for placement of child was developed in tandem with the policy for amendments to the EI Act. The new EI benefit will cover 15 weeks, while 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. As for provincial and territorial governments, it will be their decision 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, the Regulations were 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. 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 Regulations will 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 employees who are covered by the multi-employer provisions of the Code are longshore workers, so that group is particularly impacted by the 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 will be men.

The 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 entitlements 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 can 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 amendments for leave related to pregnancy loss and bereavement leave will come into force on December 12, 2025, the day on which sections 197 to 203 of the FESIA 2023 come into force. However, if the Regulations are registered after that day, they will come into force on the latter date.

The amendments for leave for placement of child, which were covered under a separate division of the FESIA 2023, will come into force at the same time as the related amendments to the EI Act on a day that is yet to be determined.

Online educational materials available on the Canada.ca website will 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 compliance and enforcement duties accordingly.

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 violations, 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, the complainant may request that it be referred to the CIRB for adjudication. 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 amendments.

Contact

Jodi Brown
Executive Director
Labour Standards and Wage Earner Protection Program
Workplace Directorate
Employment and Social Development Canada — Labour Program

Email: EDSC.DMT.ConsultationNTModernes-ConsultationModernLS.WD.ESDC@labour-travail.gc.ca