Canadian Sustainable Jobs Act (S.C. 2024, c. 13)

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Act current to 2024-10-30

Canadian Sustainable Jobs Act

S.C. 2024, c. 13

Assented to 2024-06-20

An Act respecting accountability, transparency and engagement to support the creation of sustainable jobs for workers and economic growth in a net-zero economy

Preamble

Whereas Canada has ratified the Paris Agreement, signed at Paris on December 12, 2015, which came into force in 2016;

Whereas the Paris Agreement acknowledges the need for an effective and progressive response to the urgent threat of climate change on the basis of the best available scientific knowledge and recognizes the imperative of the creation of decent work and quality jobs consistent with Canada’s nationally determined contribution;

Whereas the Government of Canada has committed to developing a plan to set Canada on a path to achieve a prosperous, net-zero-emissions future by 2050, supported by public participation and expert advice;

Whereas the Government of Canada recognizes that its plan to achieve net-zero emissions by 2050 should contribute to making Canada’s economy more resilient, inclusive and competitive;

Whereas climate change is a global problem that requires immediate and ambitious action by all governments in Canada — as well as by industry, labour, Indigenous peoples, non-governmental organizations and individual Canadians — and has disproportionate impacts, including on vulnerable groups and individuals;

Whereas the Government of Canada is committed to undertaking measures for climate change mitigation and to achieving and exceeding the target for 2030 set out in its nationally determined contribution that has been communicated in accordance with the Paris Agreement and in its commitment to achieve net-zero emissions by 2050 under the Canadian Net-Zero Emissions Accountability Act;

Whereas the Government of Canada recognizes that a net-zero-emissions future presents opportunities for economic growth, the creation of good-paying, high-quality jobs and the increased participation of equity-seeking groups in a net-zero economy;

Whereas the Government of Canada is committed to seeing Canadians benefit from and contribute to the building of a net-zero economy;

Whereas the Government of Canada is committed to taking action to achieve a fair and equitable net-zero economy in order to support the future and quality of life of workers and their communities, including by fostering the creation of sustainable jobs and implementing measures to assist workers in the shift to a net-zero economy;

Whereas the Government of Canada recognizes that actions to mitigate and adapt to climate change will have varied effects across different regions, communities and sectors;

Whereas the Government of Canada recognizes and supports the International Labour Organization’s Resolution Concerning Sustainable Development, Decent Work and Green Jobs adopted by the International Labour Conference in June 2013 and the associated guidelines on sustainable economies endorsed by the International Labour Organization’s Governing Body through a decision adopted on November 5, 2015;

Whereas the Government of Canada’s approach to building a net-zero economy will be guided by the following principles:

(a) adequate, informed and ongoing dialogue on a labour force and people-centered sustainable jobs approach should engage relevant stakeholders and partners, including through social dialogue, to build strong social consensus in the shift to a net-zero economy;
(b) policies and programs in support of sustainable jobs should
- (i) support the creation of decent work, meaning good-paying, high-quality jobs — including jobs in which workers are represented by a trade union that has entered into a collective agreement — as well as job security, social protection and social dialogue,
- (ii) recognize local and regional needs,
- (iii) account for the cultural values, strengths and potential of workers and communities,
- (iv) provide an environment in which enterprises, workers, investors and consumers can contribute to achieving sustainable and inclusive economies and societies, and
- (v) advance the well-being of workers and communities, as well as the achievement of Canada’s nationally determined contribution communicated in accordance with the Paris Agreement;
(c) a sustainable jobs approach should be inclusive and address barriers to employment with an emphasis on encouraging the creation of employment opportunities for groups underrepresented in the labour market, including women, persons with disabilities, Indigenous peoples, Black and other racialized individuals, 2SLGBTQI+ and other equity-seeking groups; and
(d) international cooperation should foster strengthened global efforts to advance the creation of sustainable jobs and ensure a level playing field and inform Canadian approaches to support workers and communities in the shift to a net-zero economy;

Whereas the Government of Canada is committed to collaborating with Canadian workers, Indigenous peoples, trade unions, employers, industry, business, communities, non-governmental organizations and the governments of the provinces and territories, which all have a role to play in building a net-zero economy;

Whereas the governments of the provinces and territories have an important role to play within their jurisdiction to support the shift to a net-zero economy;

Whereas trade unions in particular have an important role to play in representing the interests of workers in building a net-zero economy;

Whereas relevant federal entities, including those focused — at the national and regional level — on matters such as skills development, the labour market, rights at work, economic development and emissions reduction, are committed to working in leadership roles in their respective areas of responsibility to advance the creation of sustainable jobs in support of a net-zero economy;

Whereas the Parliament of Canada enacted the United Nations Declaration on the Rights of Indigenous Peoples Act on June 21, 2021, and the Government of Canada is committed to strengthening its collaboration with Indigenous peoples with respect to a net-zero economy and the creation of sustainable jobs and to taking the Indigenous knowledge of Indigenous peoples into account when carrying out the purposes of this Act;

Whereas Canada ratified the United Nations Convention on the Rights of Persons with Disabilities on March 11, 2010, which recognizes the right of persons with disabilities to work on an equal basis with others;

And whereas the Government of Canada is committed to a sustainable jobs approach that is inclusive and addresses barriers to employment for persons with disabilities in Canada;

Now, therefore, His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Marginal note:Short Title

1 This Act may be cited as the Canadian Sustainable Jobs Act.

Definitions

Marginal note:Definitions

2 The following definitions apply in this Act.

Council: Council means Sustainable Jobs Partnership Council established under subsection 6(1). (Conseil)
equity-seeking group: equity-seeking group means a group of persons who are disadvantaged on the basis of one or more prohibited grounds of discrimination within the meaning of the Canadian Human Rights Act. (groupe en quête d’équité)
Indigenous peoples: Indigenous peoples has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982. (peuples autochtones)
Minister: Minister means the federal minister designated under section 4. (ministre)
net-zero economy: net-zero economy means an economy that is aligned with Canada’s nationally determined contribution communicated in accordance with the Paris Agreement and that is consistent with a credible pathway to achieving net-zero emissions as described in the greenhouse gas emissions reduction plan established under section 9 of the Canadian Net-Zero Emissions Accountability Act. (économie carboneutre)
net-zero emissions: net-zero emissions means that anthropogenic emissions of greenhouse gases into the atmosphere are balanced by anthropogenic removals of greenhouse gases from the atmosphere over the period referred to in section 6 of the Canadian Net-Zero Emissions Accountability Act. (carboneutralité)
social dialogue: social dialogue includes all types of negotiation, consultation and exchange of information between or among representatives of governments, employers and workers on issues of common interest relating to economic and social policy. (dialogue social)
specified Minister: specified Minister means a federal minister designated under section 5. (ministre responsable)
sustainable job: sustainable job means any job that is compatible with Canada’s pathway to achieving a net-zero-emissions and climate-resilient future and that reflects the concept of decent work, namely work — including a job in which the worker is represented by a trade union that has entered into a collective agreement — that can support the worker and their family over time and that includes elements such as fair income, job security, social protection and social dialogue. (emploi durable)

Purpose

Marginal note:Purpose

3 The purpose of this Act is to facilitate and promote economic growth, the creation of sustainable jobs and support for workers and communities in Canada in the shift to a net-zero economy through a framework to ensure transparency, accountability, engagement and action by relevant federal entities, including those focused – at the national and regional level – on matters such as skills development, the labour market, rights at work, economic development and emissions reduction.

Designation of Ministers

Marginal note:Minister

4 The Governor in Council may, by order, designate any member of the King’s Privy Council for Canada to be the Minister for the purposes of this Act.

Marginal note:Specified Ministers

5 The Governor in Council may, by order, designate one or more members of the King’s Privy Council for Canada, other than the Minister, to be the specified Minister or specified Ministers for the purposes of this Act.

Sustainable Jobs Partnership Council

Marginal note:Establishment

6 (1) A council is established, to be known as the Sustainable Jobs Partnership Council, whose mandate is to provide the Minister and specified Ministers with independent advice — through a process of social dialogue — with respect to
- (a) measures, consistent with the shift to a net-zero economy, to foster the creation of sustainable jobs;
- (b) measures to support workers, communities and regions in the shift to a net-zero economy, including through skills development, training, retraining and economic development and diversification, as well as through national, regional, federal-provincial and federal-territorial initiatives related to the Sustainable Jobs Action Plans; and
- (c) any matter referred to it by the Minister.
Marginal note:Establishment of terms of reference
(2) The Minister must, after consulting with the specified Ministers, establish the terms of reference of the Council.
Marginal note:Amendments to terms of reference
(3) The Minister may, after consulting with the specified Ministers and, unless their position is vacant, each co-chair of the Council, amend the terms of reference.
Marginal note:Terms of reference made public
(4) The Minister must make the terms of reference and any amendments to them available to the public.

Marginal note:Responsibilities

7 The Council’s responsibilities include

(a) advising the Minister and specified Ministers on strategies and measures to encourage growth in sustainable jobs in a net-zero economy;
(b) advising the Minister and specified Ministers on ways to address labour force impacts, support workers and create opportunities for workers in the shift to a net-zero economy;
(c) advising the Minister and specified Ministers on the collection and overall quality of data related to economic growth and the labour market in a net-zero economy;
(d) advising the Minister and specified Ministers on the effectiveness of relevant policies and programs;
(d.1) advising the Minister and the specified Ministers on potential areas of cooperation with the governments of the provinces and territories and other governments in Canada in relation to the Sustainable Jobs Action Plan or the purpose of this Act;
(e) engaging relevant partners and stakeholders, including at the national, regional, provincial, territorial and community levels, in accordance with the terms of reference; and
(f) addressing any matter or undertaking any activity provided for in the terms of reference or requested by the Minister under section 14 or 15.

Marginal note:Appointment

8 (1) The Council consists of 13 members, who are to be appointed by the Governor in Council, on the recommendation of the Minister, to hold office on a part-time basis and at pleasure for a renewable term of up to three years.
Marginal note:Composition
(1.1) The Council is composed of the following members:
- (a) two co-chairs;
- (b) three members who represent trade unions;
- (c) three members who represent Indigenous peoples;
- (d) three members who represent industry;
- (e) one member who represents an environmental non-governmental organization; and
- (f) one member who represents another key stakeholder group.
Marginal note:Factors
(2) When making a recommendation respecting the appointment of members, the Minister is to take into consideration
- (a) the importance of having members that reflect Canada’s diversity — including its regional diversity — and underrepresented groups; and
- (b) the need for members who have knowledge, expertise or experience in one or more of the following:
  - (i) the key sectors involved in the shift to a net-zero economy,
  - (ii) the types of issues facing workers in the shift to a net-zero economy, including issues related to industrial change and technological transformation,
  - (iii) the representation of unionized workers,
  - (iv) the Indigenous knowledge of Indigenous peoples,
  - (v) climate change and climate policy at the regional, national and international levels,
  - (vi) economic and labour market analysis and forecasting,
  - (vii) skills development, training and retraining initiatives at the regional and national levels, and
  - (viii) the governance of advisory boards or committees.
Marginal note:Co-chairs
(3) When making recommendations respecting the co-chairs, the Minister is to recommend individuals who represent trade unions and industry.

Marginal note:Remuneration and expenses

9 The members of the Council are to be paid the remuneration that is fixed by the Governor in Council and are entitled to be reimbursed, in accordance with Treasury Board directives, for the travel, living and other expenses incurred in connection with their work while absent from their ordinary place of residence.

Marginal note:Deemed employment

10 The members of the Council are deemed to be employees for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act.

Reports

Marginal note:Annual report

11 (1) The Council must submit to the Minister and specified Ministers an annual report
- (a) in the case of the first report, no later than the date that is fixed by the Minister; and
- (b) in the case of each subsequent report, no later than October 15 of each year.
Marginal note:Contents
(2) The annual report must include the advice of the Council and a summary of its activities
- (a) in the case of the first report, since the coming into force of this Act; and
- (b) in the case of each subsequent report, since the previous report.

Marginal note:Report made public

12 The Minister must make public the annual report within 30 days after the day on which the Minister receives it.

Marginal note:Minister’s response

13 (1) The Minister must, after consulting with the specified Ministers and other relevant federal ministers, prepare a written response to the Council’s annual report and must make public the response within 120 days after the day on which the Minister receives the annual report.
Marginal note:Contents
(2) The response must address the Council’s advice included in the annual report.

Marginal note:Report

14 At the request of the Minister, the Council must research and report on any matter relating to the creation of sustainable jobs or the shift to a net-zero economy that is specified by the Minister and the Minister may make public the report.

Marginal note:Progress report

15 At the request of the Minister, the Council must provide the Minister with a written progress report on the activities specified by the Minister within 30 days after the day on which the request is made.

Sustainable Jobs Action Plan

Marginal note:Sustainable Jobs Action Plan

16 (1) The Minister must prepare a Sustainable Jobs Action Plan no later than December 31, 2025 and must prepare a new Plan no later than December 31 of every fifth year after that.
Marginal note:Tabling of Plan
(2) The Minister must cause each Plan to be tabled in each House of Parliament
- (a) in the case of the first Plan, no later than the fifteenth sitting day of that House after December 31, 2025; and
- (b) in the case of each subsequent Plan, no later than the fifteenth sitting day of that House after December 31 of every fifth year after that.
Marginal note:Contents
(3) Each Plan must
- (a) outline how the federal government will facilitate and promote economic growth, the creation of sustainable jobs and support for workers and communities in the shift to a net-zero economy over the following five-year period, including through investments to decarbonize Canada’s economy, the establishment of conditions for accessing federal economic incentives in relation to labour and the identification of pathways to sustainable jobs for workers;
- (a.1) describe how the federal government is upholding the guiding principles set out in the preamble;
- (b) set out the measures that the Minister, specified Ministers and other relevant federal ministers have identified to be implemented, — including measures relating to skills development, economic and social measures and measures that support workers on an individual, regional, community and sectoral basis — the milestones to be achieved by the federal entities for which they are responsible and the ways in which those ministers will implement those measures;
- (c) include a summary of data that is available within the federal government, that is related to economic growth and the labour market in a net-zero economy and that was used in the development of the Plan, including data related to equity, diversity and inclusion in the labour force, along with a description of how that data informed the development of the measures referred to in paragraph (b);
- (c.1) identify any gaps in the data referred to in paragraph (c) that impact labour market analyses, including data in relation to Indigenous peoples, describe the effect of those gaps on the analyses and indicate which gaps are being addressed;
- (c.2) include information on measures that relate to this Act that have been implemented in support of skills development, training and retraining, as well as to address other relevant labour market and worker-focused issues;
- (c.3) describe how it takes into account the greenhouse gas emissions reduction plan established under section 9 of the Canadian Net-Zero Emissions Accountability Act;
- (c.4) include information on the key measures that have been taken in cooperation with the governments of the provinces and territories and other governments in Canada in relation to the Plan or the purpose of this Act;
- (c.5) include information on initiatives or other measures taken by the governments of the provinces and territories, Indigenous peoples, trade unions, municipal governments or the private sector that may contribute to the creation of sustainable jobs and to supporting workers and communities; and
- (d) in the case of subsequent Plans, describe the progress made towards achieving the milestones under the previous Plans.

Marginal note:Amendments

17 (1) The Minister may amend a Sustainable Jobs Action Plan at any time.
Marginal note:Tabling
(2) The Minister must cause the amended Plan to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the amended Plan is prepared.

Marginal note:Consultation

18 The Minister must, when preparing or amending a Sustainable Jobs Action Plan,

(a) take into account advice from the Council;
(b) consult the specified Ministers and other relevant federal ministers, including with respect to existing labour market analyses and the economic effects of existing and planned emissions reduction measures;
(c) take into account the most recent greenhouse gas emissions reduction plan established under section 9 of the Canadian Net-Zero Emissions Accountability Act; and
(d) provide the governments of the provinces and territories, Indigenous peoples and any other key experts, partners and stakeholders, including from non-governmental organizations, labour and industry, with the opportunity to make submissions.

Marginal note:Progress reports

19 (1) The Minister must prepare a progress report no later than June 1, 2028 and additional progress reports no later than June 1 of every fifth year after that.
Marginal note:Tabling of progress reports
(2) The Minister must cause each progress report to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the report is prepared.
Marginal note:Contents
(3) Each progress report must contain an update on the progress made towards achieving the milestones under and implementing the measures set out in the most recent Sustainable Jobs Action Plan and include the details of any additional measures that are being or could be taken to increase the probability of achieving the milestones.
Marginal note:Consultation
(4) The Minister must, when preparing a progress report,
- (a) take into account advice from the Council; and
- (b) consult the specified Ministers and other relevant federal ministers.

Sustainable Jobs Secretariat