Canada Labour Code — L-2 248
248 The Act is amended by adding the following after section 177.1: DIVISION I.2 Policy on Disconnecting — Work-related Communication Policy 177.2 (1) On or before the first anniversary of the day on which an employer becomes subject to this section, the employer must bring into effect a policy that includes the following elements: (a) a general rule respecting work-related communication outside of scheduled hours of work, including the employer’s expectations and any opportunity for employees to disconnect from means of communication; (b) any exceptions to the rule and their underlying rationale; (c) the effective date of the policy; and (d) any other elements that may be prescribed by regulation. Exempted employees (2) The employer may exclude from the application of the policy any employees who are exempted from sections 169, 171 and 174 or who are referred to in subsection 167(2). Employees subject to collective agreement (3) If the parties to a collective agreement agree, in writing, that the agreement meets the requirements of subsection (1) with respect to some or all of the employees who are subject to the agreement, this Division does not apply with respect to those employees. Duty to update 177.3 The employer must bring into effect an updated version of the policy on or before the third anniversary of the effective date of its previous version. Duty to consult 177.4 (1) In the development and updating of its policy, the employer must consult employees and provide them with at least 90 days to provide their comments. Exception — excluded employees (2) The employer is not required to consult any employees referred to in subsection 177.2(2) that it intends to exclude from the application of the policy. Employees represented by trade union (3) If an employee to whom this Division applies is represented by a trade union, the employer must conduct the consultation through the trade union. Record keeping 177.5 In accordance with any requirements prescribed by regulation, the employer must keep a record of information related to the consultation of employees and to the development and updating of the policy. Duty to post policy 177.6 (1) On or before the effective date of the policy, the employer must post and keep posted a copy of it in readily accessible places where it is likely to be seen by the employees to whom it applies. Duty to provide policy (2) The employer must provide a copy of the policy in paper or electronic form to every employee to whom the policy applies within 30 days after the day on which it starts applying to them. Special needs (3) If an employee is affected by a condition that impairs their ability to receive the policy when it is provided by a method that would otherwise be sufficient under this Division, the employer must provide them with the policy by any method of communication that readily permits them to receive it, including braille, large print, audio recording, sign language and verbal communication. Prohibition 177.61 It is prohibited for an employer or person acting on behalf of an employer to intimidate, dismiss, penalize, discipline or otherwise take reprisals against an employee, or threaten to take any such action against an employee, because the employee (a) asks the employer to comply with the policy; (b) makes inquiries about their rights under the policy; (c) files a complaint under the policy; or (d) exercises or attempts to exercise a right under the policy. Act and regulations prevail 177.7 (1) For greater certainty, this Act and the regulations prevail over the policy to the extent of any inconsistency between them. Collective agreement (2) For greater certainty, in the event of any inconsistency between the policy and a provision of a collective agreement that applies to employees to whom this Division applies, the collective agreement prevails to the extent of the inconsistency. Regulations 177.8 The Governor in Council may make regulations (a) prescribing the form of the po