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International Restructuring Newswire
Welcome to the Q2 2024 edition of the Norton Rose Fulbright International Restructuring Newswire.
Canada | Publication | August 2019
Bills C-44 and C-86 bring a suite of amendments that confer greater authority on the Canada Industrial Relations Board (the CIRB) to adjudicate certain employment disputes under Part II and Part III of the Canada Labour Code. These changes provide a centralized avenue for employees to have their complaints dealt with, rather than having each complaint under the Code adjudicated differently, as was the case prior to these amendments coming into force.
Increased Powers for the CIRB
As of July 29, 2019, the CIRB is responsible for dealing with:
The CIRB’s new powers also include the ability to suspend and reject complaints made under Part III of the Code, and restrict a person from using multiple recourse mechanisms for the same matter (e.g., simultaneously filing an unjust dismissal, a genetic discrimination, and a reprisal complaint under the Code).
The new amendments give the Minister authority to order an employer to conduct an internal audit of its practices to determine if the employer is in compliance with Part III and report the results to the Minister. An inspector may issue a compliance order or a payment order if it determines that the employer is contravening a provision of Part III of the Code, which includes many changes to hours of work and new paid leaves coming in force on September 1, 2019.
In addition to the issues discussed above, a number of new changes related to compliance and enforcement are expected to come in force in 2020, including:
The amendments discussed above are largely procedural, but should not be ignored by employers as they introduce significant consequences for failure to comply with the Code. While the monetary penalties and public names repercussions are not anticipated to come in force until 2020, it may be prudent for employers to take proactive steps to ensure their workplaces are compliant with the Code and avoid the risk of being subjected to the enforcement measures discussed above.
For more detailed information on the September 1, 2019, amendments to Part III of the Code specifically, please refer to our Federal Employment and Labour Guide for Employers here.
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Welcome to the Q2 2024 edition of the Norton Rose Fulbright International Restructuring Newswire.
Publication
On 16 April 2024, the Hon Tanya Plibersek MP, the Minister for the Environment and Water (the Minister) announced progress on the package of reforms to the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act).
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The DOJ Criminal Division’s Pilot Program on Voluntary Self-Disclosure for Individuals aims to encourage individuals with potential criminal exposure to voluntarily disclose corporate criminal conduct in exchange for discretionary grants of immunity.
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