Canada Labour Standards Regulations — 2
2 The Regulations are amended by adding the following after section 16: Temporary Help Agencies 16.1 For the purposes of Division VI.1 of the Act, system means a client’s system , as defined in subsection 11.2(3) of these Regulations, whose particulars have been communicated in writing to an employee who performs a work assignment for the client or are readily available for examination by that employee. 16.2 For the purposes of Division VI.1 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. 16.3 For the purposes of paragraph 203.2(1)(a) of the Act, if a client 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 associated instructions or assistance, (C) the industrial establishment where the employee would report in person to receive instructions regarding their duties, (D) the industrial establishment in which the employee’s supervisor reports for work in person or would report for work in person but for their own remote work agreement, and (E) the industrial establishment in which the employee would report for work in person based on the nature of their duties. 16.4 For the purposes of paragraph 203.2(1)(e) of the Act, it is a factor that the employees’ wages for the performance of a job function are calculated using the same type of rate of wages, such as (a) a rate based on time; (b) a mileage rate; (c) a piece rate; (d) a per load rate; or (e) a commission rate. 16.5 For the purposes of paragraph 203.2(2)(d) of the Act, the criteria are (a) the maintenance of an employee’s rate of wages following their reclassification or demotion to a position that has a lower rate of wages until the rate for the position is greater than the rate payable to the employee immediately before the reclassification or demotion; (b) the increase in rates of wages due to difficulty, during a shortage of skilled workers, in recruiting or retaining employees with the requisite skills for certain positions; (c) the geographic area in which an employee works; (d) the geographic area in which an employee who is on travel status works; and (e) the fact that an employee who is on travel status is paid a rate of wages that is different than the rate paid to an employee doing the same work who is not on travel status.