Canada Labour Code Review Underway

HRinfodesk---Canadian Payroll and Employment Law, December 2004

On December 2, 2004, in the House of Commons, the Minister of Labour and Housing, the Honorable Joseph Frank Fontana announced the review of the federal labour standards, Part III of the Canada Labour Code and the appointment of experts to the Commission that will be charged with modernizing Part III of the Canada Labour Code. It was indicated by the Minister that this is the first comprehensive review of federal labour standards since this legislation was enacted in 1965.

Part III of the Canada Labour Code establishes basic working conditions, which cover everything from hours of work, overtime, and procedures for resolving unjust dismissals to such things as parental, compassionate care, and sick leaves in industries under exclusive federal jurisdiction. These include international and inter-provincial transportation, banking, broadcasting, cablevision and telecommunications. They also include most federal Crown corporations, though not the federal public service.

As indicated by the Minister, the purpose of the Review is to produce recommendations for legislative changes to modernize federal labour standards and ensure that they remain relevant and effective in the 21st century. As part of the mandate the Commission can also make recommendations of a non-legislative nature for consideration by government as well as business and labour organizations. The final report and recommendations are expected by January 31, 2006.

According to the government, the review is needed because current standards have not kept pace with shifting needs in a rapidly changing work environment. Some of the issues that need to be addressed in the review are:

- Changes to trade agreements;
- New forms of employment relationships;
- Measures to improve the work-life balance;
- Increased international competition for talent and business opportunities;
- Developments in new technology;
- Deregulation; and
- Skills shortages.

Minister Joe Fontana (Human Resources Skills and Development HRSDC) stated that the Code needs to be updated to reflect new trends like workers staying on the job beyond the age of 65, the rising participation rate of women in the labour force, and a growing number of people working from home.

As workplaces continue to evolve, corresponding changes to labour policy and legislation will be required. Additional information on how changes within the economy, society and families have had a significant impact on Canadian workplaces, go to Federal Labour Standards Review - The Changing Face of Canadian Workplaces.

The review panel consists of Professor of Law Harry W. Arthurs (the commissioner leading the review), Mrs. Sherry Liang, Dr. Daphne Taras, and Dr. Gilles Trudeau. The panel will also consist of interested stakeholders’ representing business and labour groups. To view details of their biographies, go to the Federal Labour Standards Review - Biographies.

In addition, public consultations will be held in 2005. These will provide stakeholders an opportunity to express their views on how the workplace has evolved and on the diverse needs of federally regulated businesses and workers.

The consultation document and schedule of upcoming public hearings are not yet available. When the information becomes available, they will be posted on the Federal Labour Standards Review website. However, written submissions and comments on issues falling within the mandate of the Review can be sent to the following address:

Federal Labour Standards Review
165 Hôtel de Ville
Place du Portage, Phase II
Gatineau, Québec
K1A 0J2

E-mail: info@fls-ntf.gc.ca

By Yosie Saint-Cyr, Editor at HRinfodesk

Published on HRinfodesk---Canadian Payroll and Employment Law

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