A broad definition of "relative" has been introduced into the Act for absences related to the state of health of a close relative.

Similarly, an employee acting as a caregiver may benefit from these absences if he/she is attested by a professional working in the health and social services sector governed by the Professional Code.

Before June 12, 2018

The persons for whom an employee could be absent due to their state of health were limited, apart from the employee's child or spouse's child, to this spouse and the employee's father, mother, brother, sister and grandparents.

The Act did not provide for the reason for absence for the employee acting as a natural caregiver.

An employee may be absent up to 16 weeks in a 12-month period to take care of a relative or a person for whom he/she acts as a caregiver, and up to 36 weeks if this relative or this person is a minor child.

Before June 12, 2018

This leave was for a maximum period of 12 weeks.

The employee had to have 3 months of uninterrupted service to benefit from this leave.

An employee may be absent up to 27 weeks in a 12-month period when his/her presence is required with a parent, other than his/her minor child, or a person for whom the employee acts as a caregiver, because of a serious and potentially mortal illness.

N.A.

The employee is entitled to 3 weeks of paid leave after 3 years of service.

Before January 1, 2019

The duration of the annual leave was 3 weeks after 5 years of service.

The employer may pay the vacation indemnity on the employee's pay when his/her seasonal or intermittent activities justify it.

Before June 12, 2018

The annual indemnity had to be paid before the beginning of the leave in a single payment, except for a farm worker hired on a daily basis.

The employer of an employee receiving tips must take into consideration the wage plus the employee’s tips to calculate :

• the collective dismissal indemnity
• the remuneration of two days’ leave due to the employee’s illness, or for family or parental reasons provided for in the Act

January 1, 2019

N.A.

An employee no longer has to justify 60 days of uninterrupted service with his/her employer to benefit from 2 remunerated days out of the 5 days of absence to which he/she is entitled on the occasion of the birth or adoption of his/her child or when an interruption of pregnancy occurs in or after the 20^th week.

January 1, 2019

The employee must have 60 days of uninterrupted service with the employer to benefit from two days of paid leave.

The employer may pay the employee by bank transfer without this being stipulated by a written agreement.

Before June 12, 2018

Payment of wages by bank transfer was permitted only if it was provided for by a written agreement.

An employee may be absent without pay up to 104 weeks, regardless of the circumstances of the death of his/her minor child.

Before June 12, 2018

The absence provided for was :

• 5 days in case of death
• 52 weeks if the death resulted from a suicide
• 104 weeks if the death resulted from a crime

An employee may be absent without pay up to 104 weeks upon the disappearance of his/her minor child or upon the death by suicide of his/her spouse, child of adult age, father or mother.

Before June 12, 2018

The maximum absence was 52 weeks.

The employee has the right to five days of leave, including two paid days, on the death of a close relative (spouse, child, spouse’s child, father, mother, brother or sister).

Before January 1, 2019

The Act provided for only one day of paid absence.

Upon adoption of a regulation

A personnel placement agency or a recruitment agency for temporary foreign workers must obtain a permit from the CNESST to operate.

The conditions and the administrative sanctions related to the issue, maintenance or renewal of the permits, and the obligations of the placement agencies, recruitment agencies for temporary foreign workers and client enterprises, will be determined by a regulation of the Government.

N.A.

Upon adoption of a regulation

Personnel placement agencies and recruitment agencies for temporary foreign workers operating without holding a permit from the CNESST, as well as client enterprises resorting to the services of such agencies, are liable to fines from $600 to $6,000 and from $1,200 to $12,000 in case of a repeat offence.

N.A.

Upon adoption of a regulation

The CNESST shall make available to the public a list of the personnel placement agencies and recruitment agencies for temporary foreign workers holding a permit.

N.A.

Upon adoption of a regulation

The personnel placement agency and the client enterprise are solidarily responsible for the amounts owed to employees (e.g. payment of wages or vacation and statutory holiday indemnities).

N.A.

Upon adoption of a regulation

No personnel placement agency may remunerate an employee at a lower rate of wage than that granted to the employees of the client enterprise who perform the same tasks in the same establishment solely because of the employee’s employment status, and in particular because the employee is remunerated by such an agency or usually works fewer hours each week.

N.A.

The Act specifies that gestures of a sexual nature may be considered as part of the vexatious behaviour included in the definition of psychological harassment.

Before June 12, 2018

Gestures of a sexual nature were not specifically mentioned in the definition of psychological harassment. However, the jurisprudence had established this inclusion.

The employee has a period of 2 years after the last manifestation of psychological or sexual harassment to file a complaint with the CNESST.

Before June 12, 2018

The period was 90 days.

The employer’s obligation to take reasonable measures to prevent or stop harassment entails the obligation to adopt a psychological harassment prevention and complaint processing policy and make it available within its organization.

Before January 1, 2019

The employer was obliged to take reasonable measures to prevent or stop psychological harassment. No specific means were stipulated.

Upon adoption of a regulation

An employer who hires a temporary foreign worker must inform the CNESST of the worker’s date of arrival and the term of his/her contract. If the worker's departure date does not coincide with the end of the contract, the employer must notify the CNESST of the worker's departure date and the reasons for his/her departure.

The employer does not have the right to retain documents or property that belong to the temporary foreign worker (for example, his/her passport) or to charge a temporary foreign worker fees related to his/her recruitment, other than fees authorized under a Canadian government program.

N.A.

Upon adoption of a regulation

The CNESST may exercise a recourse, even without a complaint, on behalf of a temporary foreign worker.

N.A.

After 3 months of uninterrupted service, an employee may benefit from 2 days of paid leave per year due to sickness, organ or tissue donation, accident, domestic violence, sexual violence or a crime or to take care of a relative of a person for whom he/she acts as a caregiver.

Before January 1, 2019

N.A.

An employee may refuse to work if, on a given day, he/she is asked to work more than two hours beyond his/her usual daily work hours. (Note: Other provisions apply.)

An employee may refuse to work if, on a given day, he/she has not been informed of the work schedule five days in advance, except for agricultural workers or where the nature of the duties requires the employee to be available. (Note: The employer is not obliged to distribute the work schedule five days in advance.)

Before January 1, 2019

The employee had the right to refuse to work more than four hours beyond his/her usual daily working hours. (Note: Other provisions apply.)

An employer and an employee are permitted to come to an agreement to stagger working hours on a basis that is not weekly for the calculation of overtime hours. This agreement does not require the authorization of the CNESST. The following conditions must nevertheless be upheld :

• the agreement must be evidenced in writing
• the hours must be staggered over a maximum period of four weeks
• the average number of hours worked per week during the staggering period must be equal to the normal workweek provided under the Act (usually 40 hours)
• a workweek may not exceed the standard provided under the Act or the related regulations by more than 10 hours (e.g., a maximum of 50 hours if the normal workweek is 40 hours)
• the employee or the employer may cancel the agreement on at least two weeks’ notice before the scheduled end of the agreed staggering

Before June 12, 2018

There was no possibility of an agreement between an employer and an employee. The staggering of working hours was only permitted on the authorization of the CNESST, unless provided for under a collective agreement.

Note that only staggering agreements that meet the terms stipulated by the new provisions are permitted without CNESST authorization.

The employer has the possibility of choosing between paying the statutory holiday indemnity or granting compensatory leave to the employee for whom a statutory holiday does not coincide with a day normally worked.

Before June 12, 2018

Choosing between the statutory holiday indemnity and the compensatory leave was possible only if an employee was on annual leave or had to work on a statutory holiday.