* 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.
If you are unsure whether this could impact your organization, or you require assistance updating your organization’s current policies to comply with the Canada Labour Code, MLT Aikins labour & employment team has extensive experience advising on implementing practical workplace policies. To learn more about how this amendment (or other amendments) could impact you and your organization, contact a member of our team today.
Note: This article is of a general nature only and is not exhaustive of all possible legal rights or remedies. In addition, laws may change over time and should be interpreted only in the context of particular circumstances such that these materials are not intended to be relied upon or taken as legal advice or opinion. Readers should consult a legal professional for specific advice in any particular situation.