Budget Implementation Act, 2018, No. 2 (S.C. 2018, c. 27)

• 488 (1) Section 240 of the Act is amended by adding the following after subsection (1):

  • Marginal note:Limitation

    (1.1) A person shall not make a complaint under subsection (1) if they have made a complaint that is based on substantially the same facts under either subsection 246.1(1) or 247.99(1), unless that complaint has been withdrawn.

• (2) Subsection 240(3) of the Act is replaced by the following:

  • Marginal note:Extension of time

    (3) The Minister may extend the period set out in subsection (2)

    • (a) if the Minister is satisfied that a complaint was made within that period to a government official who had no authority to deal with the complaint and that the person making the complaint believed the official had that authority; or

    • (b) in any circumstances that are prescribed by regulation.

489 Section 241 of the Act is amended by adding the following after subsection (3):

490 The Act is amended by adding the following after section 241:

491 Paragraph 242(3.1)(b) of the Act is replaced by the following:

492 Section 245 of the Act is replaced by the following:

493 Paragraph 246.1(1)(a) of the Act is replaced by the following:

• 494 (1) The portion of subsection 247.5(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Entitlement to leave

  • 247.5 (1) An employee who is a member of the reserve force and has completed at least three consecutive months of continuous employment with an employer — or a shorter period that is prescribed for a class of employees to which the employee belongs — is entitled to and shall be granted a leave of absence from employment to take part in the following operations or activities:

• (2) Paragraph 247.5(1)(c) of the Act is replaced by the following:

  • (c) Canadian Armed Forces military skills training;

• (3) Section 247.5 of the Act is amended by adding the following after subsection (1):

  • Marginal note:Maximum of 24 months

    (1.1) Leaves taken by an employee under paragraphs (1)(a) to (d) can total no more than an aggregate of 24 months in any 60-month period.

  • Marginal note:Exception

    (1.2) Subsection (1.1) does not apply to a leave of absence taken as a result of a national emergency, within the meaning of the Emergencies Act.

• (4) Subsection 247.5(2) of the Act is replaced by the following:

  • Marginal note:Designation and delegation

    (2) The Minister of National Defence may designate an operation for the purposes of paragraph (1)(a) or may authorize another person to do so.

• 495 (1) Paragraph 247.97(d) of the Act is replaced by the following:

  • (d) defining “military skills training” for the purposes of paragraph 247.5(1)(c);

• (2) Paragraphs 247.97(j) and (k) of the Act are repealed.

• 496 (1) Section 247.99 of the Act is amended by adding the following after subsection (1):

  • Marginal note:Limitation

    (1.1) An employee shall not make a complaint under subsection (1) if they have made a complaint that is based on substantially the same facts under either subsection 240(1) or 246.1(1), unless that complaint has been withdrawn.

• (2) Subsection 247.99(3) of the Act is replaced by the following:

  • Marginal note:Extension of time

    (3) The Minister may extend the period set out in subsection (2)

    • (a) if the Minister is satisfied that a complaint was made within that period to a government official who had no authority to deal with the complaint and that the person making the complaint believed the official had that authority; or

    • (b) in any circumstances that are prescribed by regulation.

• (3) The portion of subsection 247.99(5) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Complaint not settled within reasonable time

    (5) If a complaint is not settled under subsection (4) within the period that the inspector endeavouring to assist the parties under that subsection considers to be reasonable in the circumstances, the inspector shall, on the written request of the employee who made the complaint that the complaint be referred to the Board,

• (4) Paragraph 247.99(5)(b) of the Act is replaced by the following:

  • (b) deliver to the Board the complaint made under subsection (1) and any other statements or documents that the inspector has that relate to the complaint.

• (5) Subsection 247.99(6) of the Act is replaced by the following:

  • Marginal note:Notice

    (6) If the employee who made the complaint does not reply to a written communication from the inspector within a period that the inspector considers to be reasonable in the circumstances and a period of at least 30 days, or any longer period that may be prescribed by regulation, has elapsed from the day on which the complaint was made, the inspector may give written notice to the employee that they have the period of 30 days, or any longer period that may be prescribed by regulation, set out in the notice to make a written request that the complaint be referred to the Board.

  • Marginal note:Time limit

    (6.1) Subject to the regulations, if the employee to whom notice is given under subsection (6) does not, within the period set out in the notice, make a written request that the complaint be referred to the Board, the inspector may deem the complaint to be withdrawn.

  • Marginal note:Suspension of complaint

    (6.2) If the Board is satisfied that the complainant must take measures before the Board may continue to deal with the complaint referred to it under subsection (5), it may, at any time, suspend consideration of the complaint, in whole or in part.

  • Marginal note:Notice

    (6.3) If the Board suspends consideration of a complaint, the Board shall notify the complainant in writing and specify in the notice

    • (a) the measures that complainant must take; and

    • (b) the period within which they must take those measures.

  • Marginal note:End of suspension

    (6.4) The suspension ends when, in the Board’s opinion, the measures specified in the notice have been taken.

  • Marginal note:Rejection of complaint

    (6.5) The Board may reject a complaint referred to it under subsection (5), in whole or in part,

    • (a) if the Board is satisfied that

      • (i) the complaint is not within its jurisdiction,

      • (ii) the complaint is frivolous, vexatious or not made in good faith,

      • (iii) the complaint has been settled in writing between the employer and the employee,

      • (iv) there are other means available to the employee to resolve the subject matter of the complaint that the Board considers should be pursued,

      • (v) the subject matter of the complaint has been adequately dealt with through recourse obtained before a court, tribunal, arbitrator or adjudicator, or

      • (vi) in respect of a complaint made by an employee who is subject to a collective agreement, the collective agreement covers the subject matter of the complaint and provides a third-party dispute resolution process; or

    • (b) if consideration of the complaint was suspended under subsection (6.2) and if, in the Board’s opinion, the measures specified in the notice under subsection (6.3) were not taken within the specified period.

  • Marginal note:Notice of rejection of complaint

    (6.6) If the Board rejects a complaint, it shall notify the employee in writing, with reasons.

• (6) The portion of subsection 247.99(7) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Decision of Board

    (7) The Board, after a complaint has been referred to it, shall

• (7) The portion of subsection 247.99(8) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Orders

    (8) If the Board decides under subsection (7) that an employer has contravened subsection 247.98(4), the Board may, by order, require the employer to cease contravening that subsection and may, if applicable, by order, require the employer to

• (8) Paragraphs 247.99(8)(c) and (d) of the Act are replaced by the following:

  • (c) pay to the employee or former employee compensation not exceeding the sum that, in the Board’s opinion, is equivalent to the remuneration that would, but for the contravention, have been paid by the employer to the employee or former employee;

  • (d) rescind any disciplinary action taken in respect of the contravention and pay compensation to the employee, not exceeding the sum that, in the Board’s opinion, is equivalent to any financial or other penalty imposed on the employee by the employer; and

• (9) Subsection 247.99(9) of the Act is repealed.

497 The Act is amended by adding the following after section 247.99:

• 498 (1) Section 251.01 of the Act is amended by adding the following after subsection (1):

  • Marginal note:Restriction

    (1.1) If an employee made a request under subsection 182.2(1) or 203.3(1), they are prohibited from making a complaint in respect of a contravention of subsection 182.1(1) or 203.2(1), as the case may be, until the earlier of the day on which the period set out in the subsection under which they made the request expires and the day on which they receive the employer’s response under that subsection.

• (2) Section 251.01 of the Act is amended by adding the following after subsection (2):

  • Marginal note:Complaints — equal treatment

    (2.1) Despite subsection (2), a complaint in respect of a contravention of subsection 182.1(1) or 203.2(1) shall be made within six months from

    • (a) in the case of an employee who made a request under subsection 182.2(1) or 203.3(1), the earlier of the day on which the complainant received the employer’s response and the day on which the period set out in the subsection under which they made the request expires; and

    • (b) in any other case, the day on which the complainant knew, or in the inspector’s opinion ought to have known, of the action or circumstances giving rise to the complaint.

• (3) The portion of subsection 251.01(3) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Extension of time

    (3) The Minister may, subject to the regulations, extend the period set out in subsection (2) or (2.1)

• (4) Subsection 251.01(4) of the Act is replaced by the following:

  • Marginal note:Limitation

    (3.1) An employee shall not make a complaint under subsection (1) if they have made a complaint that is based on substantially the same facts under any of subsections 240(1), 246.1(1) and 247.99(1), unless that complaint has been withdrawn.

  • Marginal note:Exception

    (4) Despite subsection (3.1), the employee may file a complaint under subsection (1) if it relates only to the payment of their wages or other amounts to which they are entitled under this Part, including amounts referred to in subsections 230(1) and 235(1), but that complaint is suspended until the day on which the complaint made under subsection 240(1), 246.1(1) or 247.99(1), as the case may be, is withdrawn or resolved.

• (5) Subsection 251.01(4) of the Act is replaced by the following:

  • Marginal note:Exception

    (4) Despite subsection (3.1), the employee may file a complaint under subsection (1) if it relates only to the payment of their wages or other amounts to which they are entitled under this Part, including amounts referred to in subsections 212.1(1), 230(1) and 235(1), and that complaint is suspended until the day on which the complaint made under subsection 240(1), 246.1(1) or 247.99(1), as the case may be, is withdrawn or resolved.