Reminder for Federally-Regulated Employers: Canada Labour Code Amendments now in Force
Amendments to the Canada Labour Code (the “CLC”) and the Canada Labour Standards Regulations (the “Regulations”) regarding employee information and reimbursement of work-related expenses came into force on July 9, 2023.
The CLC amendments which came into force last week require employers to provide employees with a written statement containing information relating to their employment within 30 days of the start of employment. The Regulations outline what information must be contained in the statement, which includes information regarding the term of employment, a description of the necessary qualifications and required training for the position, hours of work and compensation. Employers must retain a copy of the employment statement for 36 months after an employee’s employment ends, and provide additional copies to the employee upon request.
Moreover, employers will need to provide employees with a copy of government materials setting out employers’ and employees’ rights and obligations under the CLC, as well as those related to termination of employment to employees whose employment has been terminated.
Reimbursement for Work-Related Expenses
The amendments also require that employers provide reimbursement to employees for reasonable work-related expenses. Factors to consider in determining whether or not an expense is work-related include the following:
- whether the expense enables an employee to perform work;
- whether incurring the expense is required by the employer as a condition of employment;
- whether the expense satisfies a requirement for the employee’s work imposed by an occupational health or safety standard; and
- whether the expense is incurred for a legitimate business purpose and not for personal use or enjoyment
The time limit for the employer to pay the employee any amount is 30 days after the day on which the employee submits the claim for payment. Work-related expenses that employers will need to reimburse may possibly include expenses for uniforms, equipment, travel, accommodations, training, and fuel.
We recommend that federally regulated employers review both their onboarding and expense reimbursement policies and practices to ensure compliance the newest CLC amendments. If you have any questions or concerns regarding the impact of these amendments in your workplace, please do not hesitate to contact a member of our Labour & Employment Law Group.