Update for Federally Regulated Employers: Government Issues Guidelines for New Canada Labour Code Amendments

September 5, 2019 | Hugh R. Dyer, Michael Cleveland

As discussed in our Communiqué dated August 21, significant amendments to the Canada Labour Code (the “Code”) came into force on September 1, 2019. Just prior to this, on August 30, 2019, the federal government published a set of interpretations, policies, and guidelines (IPGs) in relation to these amendments which will be of interest to all federally regulated employers.

Most of these IPGs set out the way in which various aspects of the amendments will be interpreted. For instance, 802-1-IPG-091 defines what constitutes a “situation that the employer could not have reasonably foreseen” for the purposes of exempting employers from particular break, rest period, scheduling and notice of shift change requirements under the amended Code.

Another IPG, 802-1-IPG-101, provides that, until new regulations come into force, employers of employees of particular job classes “may carry on business as usual” with respect to one or several of the new provisions surrounding breaks, rest periods, shift changes, and scheduling.

We encourage you to contact a member of our team if you or your organization has any questions about your obligations under the Canada Labour Code or the IPGs. We will continue to monitor and provide updates on developments in this area as they are announced.

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