Canada Labour Standards Regulations — 1
1 The Canada Labour Standards Regulations 1 are amended by adding the following after section 11.1: 1 C.R.C., c. 986; SOR/2019-168, s. 1 Equal Treatment 11.2 (1) The following definitions apply in this section. full-time , in respect of an employee, means that the employee is considered to be full-time under the terms of the collective agreement that applies to them or, in the absence of such an agreement, of their contract of employment. However, if the collective agreement or contract of employment, as the case may be, does not address the issue, it means (a) that the employee is considered to be full-time under the terms of a policy of their employer that has been communicated to them; or (b) if paragraph (a) does not apply, that the employee (i) is scheduled to work an average of 30 or more hours per week, if they are subject to an averaging plan under subsection 169(2) or 171(2) of the Act or a modified work schedule under section 170 or 172 of the Act, or (ii) usually works 30 or more hours per week, if they are not subject to such a plan or schedule. ( à temps plein ) part-time , in respect of an employee, means that they are not full-time. ( à temps partiel ) permanent , in respect of an employee, means that their contract of employment provides that they are employed for an indeterminate period. ( permanent ) temporary , in respect of an employee, means that their contract of employment provides that they are employed for a fixed term or on a seasonal, casual or irregular basis. ( temporaire ) (2) For the purposes of subparagraph (b)(i) of the definition full-time in subsection (1), the average number of hours of work per week is the total number of hours scheduled under the averaging plan or modified work schedule, as the case may be, divided by the number of weeks in the plan or schedule. (3) The following definitions apply for the purposes of Division III of the Act. employment status means an employee’s status as a full-time, part-time, permanent or temporary employee. ( situation d’emploi ) system means a system (a) that applies to all employees whose rates of wages are comparable by reason of subsection 182.1(1) of the Act; and (b) whose particulars have been communicated to those employees in writing or are readily available for examination by them. ( régime ) 11.3 For the purposes of Division III of the Act, all branches, sections and other divisions of federal works, undertakings and businesses that are located in a region established under paragraph 54(w) of the Employment Insurance Act are designated as industrial establishments. 11.4 For the purposes of paragraph 182.1(1)(a) of the Act, if an employer has more than one industrial establishment, an employee is considered to work (a) in the industrial establishment in which the employee most often reports for work in person; (b) in the case of an employee whose main duty is the transportation of goods or passengers by motor vehicle, or an employee who works on board trains, aircraft or ships, in the industrial establishment in which the employee’s home terminal, station, base or port is located; or (c) in the case of an employee who is subject to a remote work agreement that provides that all hours be worked remotely, (i) in the industrial establishment in which the employee most often reported for work in person before the remote work agreement took effect, if the nature of their duties and of those carried out in that industrial establishment has not since changed, or (ii) if subparagraph (i) does not apply or is not determinative of where the employee is considered to work, in the industrial establishment in which the employee would report for work in person if there were no remote work agreement, as determined using the following indicators: (A) the industrial establishment in which the employee would attend meetings in person, (B) the industrial establishment where the employee would report in person to receive work-related documents or material or asso