* Summer student Damon Kramer assisted in writing this blog.
In our last blog, we discussed Budget 2024 and Parliament's intentions to amend the Canada Labour Code to promote an enhanced work-life balance. In this blog post, we discuss those proposed amendments.
On May 2, 2024, Parliament tabled Bill C-69: the Budget Implementation Act, 2024 No. 1, which contains proposed amendments to the Canada Labour Code.
Development of a workplace policy
Once enacted, federally regulated employers will have one year to implement a right to disconnect policy. Federally regulated employers must consult their employees about the implementation of a policy and the employees have 90 days to respond. Federally regulated employers must also consult with their employees when the policy is being updated. Currently, the policy must be updated once every three years.
The policy must include a general rule regarding work-related communication outside of scheduled hours of work and include any expectations to, and opportunities for, employees to disconnect from workplace communications.
The policy will not apply to management or those who are members of a regulated profession. Employees subject to a collective bargaining agreement will be exempt if the collective bargaining agreement adequately covers the policy's requirements. If it does not, then the employer must develop a policy. In this circumstance, all consultations regarding the policy must be with the trade union.
We will provide part three of this blog post in advance of any enactments.
Importance for employers
It is critical for federally regulated employers to keep their organization's policies up-to-date to ensure legal compliance.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.