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Economic Action Plan 2013 Act, No. 2 (S.C. 2013, c. 40)

Assented to 2013-12-12

PART 3VARIOUS MEASURES

Division 5R.S., c. L-2Canada Labour Code

Amendments to the Act

Marginal note:2000, c. 20, s. 14

196. Subsection 145.1(2) of the Act is replaced by the following:

  • Marginal note:Status

    (2) For the purposes of sections 146 to 146.5, an appeals officer has all of the powers, duties and functions of the Minister under this Part, except for those referred to in subsection (1), section 130, subsections 135(3), 137.1(1) to (2.1), and (7) to (9), 137.2(4), 138(1) to (2) and (4) to (6), 140(1), (2) and (4), 144(1) and 149(1), sections 152 and 155 and subsections 156.1(1), 157(3) and 159(2).

  • Marginal note:Limitation of liability

    (3) An appeals officer is not personally liable for anything done or omitted to be done by the officer in good faith under the authority or purported authority of this Part.

Marginal note:2000, c. 20, s. 14

197. Subsection 146(1) of the Act is replaced by the following:

Marginal note:Appeal of direction

  • 146. (1) An employer, employee or trade union that feels aggrieved by a direction issued by the Minister under this Part may appeal the direction in writing to an appeals officer within 30 days after the date of the direction being issued or confirmed in writing.

Marginal note:R.S., c. 26 (4th Supp.), s. 5(4); 1993, c. 42, s. 11(3)(F)

198. Subsection 157(6) of the Act is replaced by the following:

  • Marginal note:Compliance with standards

    (6) Regulations made under this section that prescribe or incorporate a standard but that require the standard to be complied with only to the extent that compliance is practicable or reasonably practicable in circumstances governed by the standard may require the employer to report to the Minister the reason that full compliance is not practicable or reasonably practicable in particular circumstances.

Transitional Provisions

Marginal note:Pending proceedings

  • 199. (1) The Canada Labour Code, as it read immediately before the coming into force of this section, applies to

    • (a) any proceedings  —  commenced before that coming into force  —  with respect to which a health and safety officer or a regional health and safety officer may exercise powers or perform duties or functions under Part II of that Act, as it read immediately before that coming into force; and

    • (b) any procedure  —  commenced before that coming into force  —  relating to a refusal to work commenced under sections 128 to 129 of that Act, as it read immediately before that coming into force.

  • Marginal note:Appeal

    (2) With respect to directions issued by a health and safety officer under Part II of the Canada Labour Code, an employer, employee or trade union that feels aggrieved by a direction may appeal the direction in writing to an appeals officer within 30 days after the date of the direction being issued or confirmed in writing. The appeal is deemed to have been brought under subsection 146(1) of that Act.

  • Marginal note:Health and safety officers

    (3) For the purposes of subsection (1), health and safety officers or regional health and safety officers designated under subsection 140(1) of the Canada Labour Code, as it read immediately before the coming into force of this section, continue to act, respectively, as health and safety officers or regional health and safety officers.

Consequential Amendments

R.S., c. N-7National Energy Board Act

Marginal note:2000, c. 20, s. 27

200. Subsection 9(4) of the National Energy Board Act is repealed.

R.S., c. 24 (3rd Supp.), Part IIIHazardous Materials Information Review Act

Marginal note:2000, c. 20, s. 26; 2005, c. 34, par. 79(d)

201. Paragraph 46(2)(c) of the Hazardous Materials Information Review Act is replaced by the following:

  • (c) any official of the Department of Employment and Social Development, any appeals officer within the meaning of subsection 122(1) of the Canada Labour Code, or any person to whom powers, duties or functions have been delegated by the Minister of Labour under subsection 140(1) of that Act, or under an agreement entered into under subsection 140(2), of that Act, for the purposes of the administration or enforcement of Part II of that Act;

R.S., c. 15 (4th Supp.)Non-smokers’ Health Act

Marginal note:2000, c. 20, s. 28

202. The definition “inspector” in subsection 2(1) of the Non-smokers’ Health Act is replaced by the following:

“inspector”

« inspecteur »

“inspector” means a person who is designated as an inspector under section 9;

Coming into Force

Marginal note:Order in council

203. The provisions of this Division come into force on a day or days to be fixed by order of the Governor in Council.

Division 6Changes to the Canadian Ministry

2005, c. 34Department of Human Resources and Skills Development Act

204. The long title of the Department of Human Resources and Skills Development Act is replaced by the following:

An Act respecting the Department of Employment and Social Development and to amend and repeal certain related Acts

205. Section 1 of the Act is replaced by the following:

Marginal note:Short title

1. This Act may be cited as the Department of Employment and Social Development Act.

206. The definition “Minister” in section 2 of the Act is replaced by the following:

“Minister”

« ministre »

“Minister” means the Minister of Employment and Social Development.

207. The headings before section 3 of the Act are replaced by the following:

PART 1DEPARTMENT OF EMPLOYMENT AND SOCIAL DEVELOPMENT

Continuation

208. Subsections 3(1) and (2) of the Act are replaced by the following:

Marginal note:Department continued

  • 3. (1) The Department of Human Resources and Skills Development is continued under the name of the Department of Employment and Social Development over which the Minister of Employment and Social Development, appointed by commission under the Great Seal, shall preside.

  • Marginal note:Employment and Social Development Canada

    (2) The expressions “Employment and Social Development Canada” and “Emploi et Développement social Canada” in any document issued or executed in relation to the powers, duties and functions conferred on the Minister by this or any other Act are deemed to be references to the “Department of Employment and Social Development” and the “ministère de l’Emploi et du Développement social”, respectively.

209. Section 4 of the Act is replaced by the following:

Marginal note:Deputy Minister

  • 4. (1) The Governor in Council may appoint an officer called the Deputy Minister of Employment and Social Development to hold office during pleasure and to be the deputy head of the Department.

  • Marginal note:Associate Deputy Ministers

    (2) The Governor in Council may appoint one or more Associate Deputy Ministers of Employment and Social Development to hold office during pleasure and each shall have the rank and status of a deputy head of a department and exercise, under the Deputy Minister of Employment and Social Development, the powers and perform the duties and functions as deputies of the Minister and otherwise that the Minister may specify.

  • Marginal note:Deputy Minister of Labour

    (3) The Governor in Council may designate the Deputy Minister of Employment and Social Development or one of the Associate Deputy Ministers to be Deputy Minister of Labour.

Marginal note:2010, c. 12, s. 1723

210. Paragraphs 20(2)(a) and (b) of the Act are replaced by the following:

  • (a) the Deputy Minister of Employment and Social Development, who shall be the Chairperson of the Commission;

  • (b) an Associate Deputy Minister of Employment and Social Development, who shall be the Vice-Chairperson of the Commission;

211. The Act is amended by adding the following before section 71:

Marginal note:Application

70.1 This Part applies to the following Acts, programs and activities:

Marginal note:2012, c. 19, s. 224

212. The portion of subsection 71(1) of the Act before paragraph (a) is replaced by the following:

Marginal note:Powers

  • 71. (1) Subject to the regulations, the Minister may administer or enforce electronically the Acts, programs and activities referred to in paragraphs 70.1(a) to (e), (g) and (h), the Minister of Labour may administer or enforce electronically the Canada Labour Code and the Commission may administer or enforce electronically the Employment Insurance Act, including for the purposes of

Marginal note:2012, c. 19, s. 224

  • 213. (1) Subsections 72(1) and (2) of the Act are replaced by the following:

    Marginal note:Electronic manner of filing documents

    • 72. (1) Unless another manner of filing a document or information is expressly required by a provision of an Act referred to in section 70.1 or any of its regulations, by a term or condition of a program referred to in paragraph 70.1(g) or by a provision of a regulation referred to in paragraph 70.1(h), the filing of an electronic version of the document or information is to be considered as the filing of a document or information in accordance with the provision or the term or condition.

    • Marginal note:Power to prescribe form or manner of filing

      (2) A provision of an Act referred to in section 70.1 or any of its regulations, or a term or condition of a program referred to in paragraph 70.1(g) or a provision of a regulation referred to in paragraph 70.1(h), that provides for a power to issue, prescribe or in any other manner establish a form or to establish the manner of filing a document or information includes the power to do so with respect to an electronic document or information.

  • Marginal note:2012, c. 19, s. 224

    (2) The portion of subsection 72(3) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Written documents or information

      (3) A requirement under a provision of an Act referred to in section 70.1 or any of its regulations, or a term or condition of a program referred to in paragraph 70.1(g) or a provision of a regulation referred to in paragraph 70.1(h), that a document be in writing or information be provided in writing is satisfied by an electronic document or information if the electronic document or information

  • Marginal note:2012, c. 19, s. 224

    (3) The portion of subsection 72(4) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Signatures

      (4) A requirement under a provision of an Act referred to in section 70.1 or any of its regulations, or a term or condition of a program referred to in paragraph 70.1(g) or a provision of a regulation referred to in paragraph 70.1(h), for a signature is satisfied by an electronic signature if the electronic signature

Marginal note:2012, c. 19, s. 224

  • 214. (1) Subparagraph 73(1)(c)(ii) of the English version of the Act is replaced by the following:

    • (ii) the date and hour when an electronic document or electronic information is deemed to be sent or received and the place where it is deemed to be sent or received,

  • Marginal note:2012, c. 19, s. 224

    (2) Paragraph 73(1)(g) of the Act is replaced by the following:

    • (g) respecting the establishment and operation of electronic systems or any other technology to be used in the administration or enforcement of an Act referred to in section 70.1, of a program referred to in paragraph 70.1(g) or of a provision of a regulation referred to in paragraph 70.1(h), and respecting the manner in which and the extent to which any provision of that Act or its regulations, any term or condition of that program or any provision of that regulation applies to the electronic systems; and

  • Marginal note:2012, c. 19, s. 224

    (3) Subsection 73(3) of the Act is replaced by the following:

    • Marginal note:Accessibility

      (3) The Minister, the Minister of Labour or the Commission, as the case may be, shall ensure that any document that is incorporated by reference in a regulation in respect of which the administration or the enforcement is their responsibility is accessible.

R.S., c. S-3Salaries Act

Marginal note:2005, c. 16, s. 21(1)

215. Paragraph 4.1(3)(z.2) of the Salaries Act is replaced by the following:

  • (z.2) the Minister of Employment and Social Development;

  • (z.21) the Minister of Infrastructure, Communities and Intergovernmental Affairs; and

Marginal note:2005, c. 16, par. 21(3)(b)

216. Section 4.2 of the Act is replaced by the following:

Marginal note:Index

4.2 The index referred to in subsections 4.1(2), (4) and (6) for a calendar year is the index of the average percentage increase in base-rate wages for the calendar year, resulting from major settlements negotiated with bargaining units of 500 or more employees in the private sector in Canada, as published by the Department of Employment and Social Development within three months after the end of that calendar year.

Transitional Provisions

Marginal note:Deputy Minister and Associate Deputy Minister

  • 217. (1) Any person who holds the office of Deputy Minister of Human Resources and Skills Development or of Associate Deputy Minister of Human Resources and Skills Development immediately before the day on which this section comes into force is deemed to hold the office of Deputy Minister of Employment and Social Development or of Associate Deputy Minister of Employment and Social Development, respectively, as of that day.

  • Marginal note:Deputy Minister of Labour

    (2) Any person who holds the office of Deputy Minister of Labour immediately before the day on which this section comes into force is deemed to have been designated Deputy Minister of Labour under subsection 4(3) of the Department of Employment and Social Development Act, as enacted by section 209 of this Act, as of that day.

Marginal note:Positions

218. Nothing in this Act is to be construed as affecting the status of an employee who, immediately before the coming into force of this section, occupied a position in the Department of Human Resources and Skills Development except that the employee, on the coming into force of this section, occupies their position in the Department of Employment and Social Development under the authority of the Minister of Employment and Social Development.

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