Bill C-498
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2nd Session, 36th Parliament, 48-49 Elizabeth II, 1999-2000
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The House of Commons of Canada
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BILL C-498 |
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An Act to amend the Canada Labour Code
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1. The Canada Labour Code is amended by
adding the following after section 132:
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| Provincial
legislation
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132.1 (1) Notwithstanding any other
provision of this Act, an employee described
in section 132 may, after informing her
employer, avail herself of the legislation of the
province where she works that relates to the
applicable measures, including those relating
to preventive withdrawal, transfer to another
position and financial compensation to which
she would be entitled under the legislation of
the province where she works.
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| Application
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(2) After informing the employer, the
employee makes application to the agency
appointed by the province for the purpose of
administering provincial occupational health
and safety legislation and the agency may
refuse the application.
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| Process of
application
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(3) The agency referred to in subsection (2)
shall process the application according to the
laws of the province applicable to pregnant or
nursing employees in that province.
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| Remedies
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(4) An employee who makes the
application referred to in subsection (2) may
avail herself of the remedies provided for in
the legislation of the province where she
works.
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| Agreement
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(5) The Minister shall, on behalf of the
Government of Canada, with the approval of
the Governor in Council, enter into an
agreement with the government of a province
or its agent to determine the administrative
and financial terms resulting from
applications made by employees referred to in
subsection (1).
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| Exercise of
right not
prejudiced
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(6) The exercise by an employee of the right
under subsection (1) is without prejudice to
any other right conferred by this Act, by a
collective agreement or other agreement or by
any terms and conditions of employment.
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