Changes in payroll laws and regulations from across Canada
CLC amendments to new leaves have taken effect
Federally regulated employees on a leave of absence for compassionate care, a critically ill child or the disappearance or death of a child under the Canada Labour Code are now allowed to interrupt the leave to take a sick leave or a work-related illness or injury leave if they fall ill.
Amendments to the Code allowing for the changes were included in Bill C-31, the Economic Action Plan 2014 Act, No. 1, Parliament passed the bill in June, but the amendments affecting the Code did not come into effect until Oct. 12.
The government made the changes to align the standards for compassionate care leave and leave for critically ill children under the Code with benefits provided under the Employment Insurance Act and the standards for leave related to the death or disappearance of a child under the Code with the requirements for income support that the federal government provides to the parents of these children.
Federal PRPPs now available
Pooled Registered Pension Plans (PRPPs) are now available for employers and employees in federally regulated industries and in the territories, Minister of State (Finance) Kevin Sorenson recently announced.
In October, five insurance companies with licenses to offer federal PRPPs were registered with the Office of the Superintendent of Financial Institutions and the Canada Revenue Agency. This was the final step needed before Sun Life, Great West Life, Manulife, Standard Life and Industrial-Alliance could offer the plans.
The federal government enacted legislation in December 2012 to allow for the creation of PRPPs for federally regulated employers and employees, as well as for individuals in the Northwest Territories, Nunavut and Yukon.
Before PRPPs can be set up in other jurisdictions, provincial governments must pass similar legislation. To date, Alberta, British Columbia and Saskatchewan have passed PRPP legislation, but have not yet enacted the laws. Nova Scotia has recently introduced a bill in the legislature to implement PRPPs there. The Ontario government has committed to studying PRPPs. Quebec implemented legislation allowing for a similar type of plan called a voluntary retirement savings plan (VRSP) in July.
Reminder: Remembrance Day a statutory holiday in some jurisdictions
Tuesday, Nov. 11 is Remembrance Day. It is a statutory holiday under employment standards law in Alberta, British Columbia, New Brunswick, Newfoundland and Labrador, Northwest Territories, Nunavut, Prince Edward Island, Saskatchewan and Yukon and under the Canada Labour Code.
In Manitoba and Nova Scotia, Remembrance Day is a holiday under each jurisdiction’s Remembrance Day Act. As a result, the holiday is treated in a different way than holidays under employment standards legislation. In both jurisdictions, employers are not required to pay employees who do not work on Remembrance Day.
In Manitoba, if employees work on Remembrance Day, their employer must pay them 1.5 times their regular rate for at least half of their normal work hours. In addition, employers must pay them a regular day’s pay for working on Remembrance Day. If employees work more than their normal hours, their employer must pay them 1.5 times their regular rate for all hours worked that day plus pay them a regular day’s pay.
In Nova Scotia, if employees work on Remembrance Day, their employer must pay them their regular wages for the hours worked. If the employees are entitled to receive wages for at least 15 of the 30 calendar days right before Remembrance Day and they work on November 11, the employer must also give them another day off with pay on the working day immediately following their next annual vacation or on a mutually agreed upon date.
