COVID-19 Emergency Response Act (S.C. 2020, c. 5)

• 40 (1) Subsection 207.02(1) of the Act is replaced by the following:

  Marginal note:Interruption

  • 207.02 (1) An employee may interrupt a leave of absence referred to in any of sections 206.3 to 206.5 in order to be absent due to a reason referred to in subsection 239(1), 239.01(1) or 239.1(1).

• (2) Subsection 207.02(1) of the Act is replaced by the following:

  Marginal note:Interruption

  • 207.02 (1) An employee may interrupt a leave of absence referred to in any of sections 206.3 to 206.5 in order to be absent due to a reason referred to in subsection 239(1) or (1.1) or 239.1(1).

• (3) Subsection 207.02(3) of the Act is replaced by the following:

  • Marginal note:Exception — medical leave

    (3) Except to the extent that it is inconsistent with subsection 239(7), section 209.1 applies to an employee who interrupted the leave in order to be absent due to a reason referred to in subsection 239(1) or (1.1).

• (4) Section 207.02 of the Act is amended by adding the following after subsection (3):

  • Marginal note:Exception — leave related to COVID-19

    (3.1) Except to the extent that it is inconsistent with subsection 239.01(7), section 209.1 applies to an employee who interrupted the leave in order to be absent due to a reason referred to in subsection 239.01(1).

• (5) Subsection 207.02(3.1) of the Act is repealed.

41 Section 239 of the Act is amended by adding the following after subsection (1):

• 42 (1) The Act is amended by adding the following after section 239:

  DIVISION XIII.01Leave Related to COVID-19

  Marginal note:Entitlement to leave

  • 239.01 (1) Subject to subsection (2), every employee is entitled to and shall be granted a leave of absence from employment of up to 16 weeks — or, if another number of weeks is fixed by regulation, that number of weeks — if the employee is unable or unavailable to work for reasons related to the coronavirus disease 2019 (COVID-19).

  • Marginal note:Notice to employer

    (2) An employee who intends to take a leave of absence under this Division must, as soon as possible, give written notice to the employer of the reasons for the leave and the length of the leave that they intend to take.

  • Marginal note:Change in length of leave

    (3) An employee must, as soon as possible, give written notice to the employer of any change in the length of the leave of absence taken under this Division.

  • Marginal note:Written declaration

    (4) The employer may require an employee to provide a written declaration in support of the reasons for the leave of absence taken under this Division and of any change in the length of that leave.

  • Marginal note:Employment opportunities

    (5) An employee is entitled, on written request, to be informed in writing of every employment, promotion or training opportunity that arises during the period when the employee is on a leave of absence under this Division and for which the employee is qualified, and on receiving that request, the employer must provide the information to the employee.

  • Marginal note:Prohibition

    (6) Subject to subsection (7), an employer is prohibited from dismissing, suspending, laying off, demoting or disciplining an employee because the employee intends to take or has taken a leave of absence under this Division or taking such an intention or absence into account in any decision to promote or train the employee.

  • Marginal note:Exception

    (7) An employer may assign to a different position, with different terms and conditions of employment, any employee who, after a leave of absence under this Division, is unable to perform the work performed by the employee prior to the absence.

  • Marginal note:Benefits continue

    (8) The pension, health and disability benefits and the seniority of an employee who is absent from work due to a leave of absence under this Division accumulate during the entire period of the leave.

  • Marginal note:Contributions by employee

    (9) If contributions are required from an employee in order for the employee to be entitled to a benefit referred to in subsection (8), the employee is responsible for and must, within a reasonable time, pay those contributions for the period of any leave of absence under this Division unless, at the commencement of the absence or within a reasonable time after, the employee notifies the employer of the employee’s intention to discontinue contributions during that period.

  • Marginal note:Contributions by employer

    (10) An employer who pays contributions in respect of a benefit referred to in subsection (8) must continue to pay those contributions during an employee’s leave of absence under this Division in at least the same proportion as if the employee were not absent, unless the employee does not pay the employee’s contributions, if any, within a reasonable time.

  • Marginal note:Failure to pay contributions

    (11) For the purposes of calculating the pension, health and disability benefits of an employee in respect of whom contributions have not been paid as required by subsections (9) and (10), the benefits do not accumulate during the leave of absence under this Division and employment on the employee’s return to work is deemed to be continuous with employment before the employee’s absence.

  • Marginal note:Deemed continuous employment

    (12) For the purposes of calculating benefits, other than benefits referred to in subsection (8), of an employee who is absent from work due to a leave of absence under this Division, employment on the employee’s return to work is to be deemed to be continuous with employment before the employee’s absence.

  • Marginal note:Regulations

    (13) The Governor in Council may, by regulation,

    • (a) define terms for the purposes of this Division; and

    • (b) fix a number of weeks for the purpose of subsection (1).

• (2) Division XIII.01 of the Act is repealed.

• 43 (1) Paragraph 246.1(1)(a) of the Act is replaced by the following:

  • (a) the employer has taken action against the employee in contravention of subsection 173.01(5), 174.1(4) or 177.1(7) or of section 208, 209.3, 238, 239, 239.01, 239.1 or 247.96;

• (2) Paragraph 246.1(1)(a) of the Act is replaced by the following:

  • (a) the employer has taken action against the employee in contravention of subsection 173.01(5), 174.1(4) or 177.1(7) or of section 208, 209.3, 238, 239, 239.1 or 247.96;

2018, c. 27Consequential Amendment to the Budget Implementation Act, 2018, No. 2

44 Section 493 of the Budget Implementation Act, 2018, No. 2 is amended by replacing the paragraph 246.1(1)(a) that it enacts with the following:

Coordinating Amendments

Marginal note:2018, c. 27

• 45 (1) In this section, other Act means the Budget Implementation Act, 2018, No. 2.

• (2) If section 493 of the other Act comes into force before subsection 43(2) of this Act, then, on the day on which that subsection 43(2) comes into force, paragraph 246.1(1)(a) of the Canada Labour Code is replaced by the following:

  • (a) the employer has taken action against the employee in contravention of subsection 173.01(5), 174.1(4), 177.1(7), 182.2(3) or 203.3(3) or of section 208, 209.3, 238, 239, 239.1 or 247.96;

• (3) If subsection 43(2) of this Act comes into force before section 493 of the other Act, then, on the day on which that section 493 comes into force, paragraph 246.1(1)(a) of the Canada Labour Code is replaced by the following:

  • (a) the employer has taken action against the employee in contravention of subsection 173.01(5), 174.1(4), 177.1(7), 182.2(3) or 203.3(3) or of section 208, 209.3, 238, 239, 239.1 or 247.96;

• (4) If subsection 43(2) of this Act and section 493 of the other Act come into force on the same day, then that subsection 43(2) is deemed to come into force before that section 493 and subsection (3) applies as a consequence.

Coming into Force

Marginal note:October 1, 2020

46 Subsections 37(2), (3) and (5), 38(2), 39(2), (4), (5) and (7) and 40(2), (3) and (5), section 41 and subsections 42(2) and 43(2) come into force on October 1, 2020.

PART 11R.S., c. N-11National Housing Act

Amendments to the Act

• 47 (1) Paragraph 11(a) of the National Housing Act is replaced by the following:

  • (a) three hundred billion dollars, and

• (2) Paragraph 11(a) of the Act is replaced by the following:

  • (a) one hundred and fifty billion dollars, and

48 The Act is amended by adding the following after section 11:

49 Section 11.1 of the Act is repealed.

Coming into Force

Marginal note:Fifth anniversary

50 Subsection 47(2) and section 49 come into force on the fifth anniversary of the day on which subsection 47(1) comes into force.

PART 12R.S., c. P-4Patent Act

51 The Patent Act is amended by adding the following after section 19.3:

PART 13R.S., c. S-23Canada Student Loans Act

52 The Canada Student Loans Act is amended by adding the following after section 11.1:

PART 141993, c. 14; 2001, c. 22, s. 2Farm Credit Canada Act

• 53 (1) Subsection 11(1) of the Farm Credit Canada Act is replaced by the following:

  Marginal note:Capital payments

  • 11 (1) At the request of the Corporation, the Minister of Finance may pay to the Corporation out of the Consolidated Revenue Fund

    • (a) for the period beginning on the day on which this subsection comes into force and ending on September 30, 2020, amounts not exceeding in the aggregate the amount that the Minister of Finance determines during that period, or, if that Minister redetermines the amount during that period, the most recently determined amount; and

    • (b) on and after October 1, 2020, amounts not exceeding in the aggregate an amount equal to the amount determined by the Minister of Finance under paragraph (a), or, if that Minister redetermined the amount under that paragraph, the last amount so determined.

  • Marginal note:Publication in Canada Gazette

    (1.1) As soon as feasible after determining or redetermining an amount under paragraph (1)(a), the Minister of Finance shall publish a notice of that amount in the Canada Gazette.

• (2) Subsection 11(2) of the French version of the Act is replaced by the following:

  • Marginal note:Capital

    (2) Le total des versements visés au paragraphe (1) constitue, avec le montant des bénéfices non répartis de la Société — lequel peut être négatif —, le capital de celle-ci.

• (3) Subsection 11(3) of the Act is repealed.

PART 151994, c. 28Canada Student Financial Assistance Act

54 The Canada Student Financial Assistance Act is amended by adding the following after section 9.2: