Canada Labour Standards Regulations (C.R.C., c. 986)

Work-related Illness and Injury

• 34 (1) The employer’s obligation under subsection 239.1(3) of the Act begins on the date that, according to a certificate from the health care practitioner authorized by the plan the employer subscribes to under subsection 239.1(2) of the Act, the employee is fit to return to work with or without qualifications, and ends 18 months after that date.

• (2) Where, within nine months after an employee’s return to work in accordance with subsection 239.1(3) of the Act, an employer lays off or terminates the employment of that employee or discontinues a function of that employee, the employer shall demonstrate to a Head of Compliance and Enforcement that the layoff, termination of employment or discontinuance of function was not because of the absence of the employee from work due to work-related illness or injury.

• (3) Where the employer cannot return an employee to work within 21 days after the date of receipt of the certificate referred to in subsection (1), the employer shall, within those 21 days, notify in writing the employee and, where the employee is subject to a collective agreement, the trade union representing the employee, whether return to work is reasonably practicable and, if not, the reasons therefor.

Service of Documents

• 35 (1) Subject to subsection (2), for the purposes of subsections 251.001(4), 251.06(3), 251.1(3), 251.101(4) and 253(1) of the Act, the following constitutes other means of serving a document:

  • (a) sending the document by courier;

  • (b) sending the document by fax or other electronic means; or

  • (c) if the person to be served is an individual, leaving the document with someone who appears to be an adult member of the same household at the individual’s last known address or usual place of residence.

• (2) If a person cannot reasonably be served by any means listed in subsection (1) or by the means listed in subsection 251.001(4), 251.06(3), 251.1(3), 251.101(4) or 253(1) of the Act, as the case may be, the person may be served by leaving the document at the person’s last known address or place of business or, in the case of an individual, at the individual’s usual place of residence or workplace.

• (3) For the purposes of subsections 251.001(5), 251.06(4), 251.1(4), 251.101(5) and 253(2) of the Act, the following constitutes other proof that the document has been sent or received:

  • (a) an acknowledgement of service signed by or on behalf of the person served, specifying the date and location of service;

  • (b) a certificate of service signed by the person who effected service of the document, stating that service was made on the person named in the certificate and indicating the means by which and day on which service was effected;

  • (c) a receipt issued by a courier setting out the date on which the document was sent; or

  • (d) a record of electronic transmission setting out the date and time of transmission.

• (4) Service of the document is deemed to have been effected

  • (a) in the case of service by courier and in the absence of an acknowledgement of service or a certificate of service, on the seventh day after the day on which the document was sent, as indicated on the receipt issued by the courier; or

  • (b) in the case of service by fax or other electronic means, despite sections 2 and 3 of the Electronic Documents and Electronic Information Regulations, on the day on which the document is sent, as indicated on the record of electronic transmission.