For many years, the Federal Liberal Party complained about the Harper government’s use of omnibus legislation and getting embedded policies passed as a “way of avoiding debate”. Once becoming the ruling party, they immediately exercise the same practice of using Omnibus Bills themselves, touching on a wide variety of subjects.
你会问，什么是综合立法？ “综合立法”一词在参议院或国会的程序规则中没有明确的规定。但是，国会的程序将其定义为：“该法案由若干相关但独立的部分组成，旨在修改和/或废除一项或几项现有法案，和/或着颁布一项或多项新法案” 。
What is an omnibus legislation (Bill)? The term “omnibus bill” is not expressly defined in the procedural rules of the Senate or the House of Commons. However, the House of Commons Glossary of Parliamentary Procedure defines it as: “A bill consisting of a number of related but separate parts that seeks to amend and/or repeal one or several existing Acts and/or to enact one or several new Acts”.
On December 13, 2018, Bill C-86, was introduced to implement certain provisions of the budget tabled in Parliament on February 27, 2018. In effect, it is used to bury amendments making significant changes to the Labour Code and avoid debates at the same time. This Bill will be applicable to federally regulated businesses and defining the rights and responsibilities of an estimated 18,000 federally regulated employers and their 900,000 employees across Canada.
What are federally regulated businesses that account for 6% of all Canadian workers?
marine shipping, ferry and port services
air transportation, including airports, aerodromes and airlines
railway and road transportation that involves crossing provincial or international borders
canals, pipelines, tunnels and bridges (crossing provincial borders)
telephone, telegraph and cable systems
radio and television broadcasting
grain elevators, feed and seed mills
uranium mining and processing
businesses dealing with the protection of fisheries as a natural resource
many First Nation activities
most federal Crown corporations (46 of them at last count - some familiar ones include : Canada Post, Bank of Canada, and Via Rail)
private businesses necessary to the operation of a federal act
The changes takes effect September 1, 2019 and will touch on everything from job scheduling to breaks, vacations, holiday pay, leaves of absences and many other things. Many of the same items are almost identical to those brought forward under Bill#148 (The Fair Workplaces, Better Jobs Act) by the then Ontario Liberal Provincial government in late 2017 as part of their scheme for attracting votes to win a re- election.
After the Progressive Conservatives became the ruling government of Ontario in 2018, Bill#148 was repealed. Therefore, Bill C-86 is giving Bill#148 a resurrection, albeit on a smaller scale when it comes to the number of affected employees in Ontario. I supposed this is how one branch of the Liberal party (Federal) helps another (Provincial) to get their ideology implemented?
Let us look at some of the more significant changes under Bill#C-86:
Vacation entitlements - Vacation entitlements after a year’s employment will be unchanged at two weeks and four per cent vacation pay. That will now go to three weeks and six per cent after five years, rather than the current six years. And there’s a new entitlement of four weeks and eight per cent vacation pay after 10 years. This will affect the overall salary and benefits budgets for the employers.
Holiday pay - The 30-day length of service requirement for entitlement to holiday pay will be eliminated. All employees will now be entitled to holiday pay upon employment.
Shift changes - Employers must now provide 24 hours’ written notice of any change or addition to a work period or shift unless it falls under defined emergencies within the law.
Overtime refusal - Employees will have the right to refuse overtime in order to carry out certain family responsibilities. Again, exceptions can be made only to accommodate defined emergencies in the company.
Advance notice of schedule - Employers to provide employees with a minimum of 96 hours advance written notice of their work schedule subject to emergencies. For unionized employees the terms of the collective agreement prevail. In other words, if the conditions are higher than 96 hours of notice now in the union contract, then they will continue. If not, it will be automatically applied to the next negotiated contract and cannot be disputed by the employer.
Personal leave - Employees will be entitled to a new personal leave of up to five days per calendar year, including the first three days with pay, after three consecutive months of continuous employment.
We will continue to look at the rest of the new legislation items and their impact on the employers which include the Federal government itself (next time).
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