Authored by: Lisa Harris, Tolu Kolawole and Jessica Proudfoot
Effective October 7, 2023, all federally regulated employers, including First Nations, are required to provide their employees with materials the Ministry of Labour makes available that relate to information regarding the rights and obligations of employees and employers under Part III of the Canada Labour Code. This includes information relating to hours or work, minimum wages, statutory holidays, annual vacations, and various types of leave.
Going forward:
- employers must provide employees with the materials within 30 days of their start date; and
- if new materials are made available, the employer has 30 days to provide all employees with updated copies.
In addition to providing employees with copies, the materials must be posted in readily accessible locations that are likely to be seen by employees.
If an employee is terminated, the employer must provide them with the Ministry of Labour’s materials relating to termination of employment no later than the last day of their employment.
Risk of Penalties
Contravention of the new Ministry material provisions may result in administrative monetary penalties for employers (e.g. for each violation, a penalty in the range of $250 to $2,000 plus penalties for past non-compliance). The amount of the penalty will depend on various factors, including the size of the employer, the type of violation, and the history of non-compliance.
Recommended Action
First Nations employers should regularly monitor the Ministry’s website or social media for new or revised materials.
Personnel policies and procedures should be updated to:
- ensure Ministry materials on employee rights and entitlements are provided to new employees within 30 days of their start date; and
- ensure the most recent version of the materials remains posted at the workplace and is regularly updated and accessible to all employees.
If you require legal assistance drafting templates, guidance, processes, or policy documents that promote compliance with the revised Code and Standards Regulations, your Woodward and Company lawyer can help.