Bill C-307: An Act to amend the Canada Labour Code (pregnant or nursing employees)

C-307 First Session, Forty-first Parliament, 60 Elizabeth II, 2011 HOUSE OF COMMONS OF CANADA BILL C-307 An Act to amend the Canada Labour Code (pregnant or nursing employees) first reading, October 3, 2011 Mr. Boulerice 411453 SUMMARY This enactment amends the Canada Labour Code to allow a pregnant or nursing employee to avail herself of provincial occupational health and safety legislation. Also available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca 1st Session, 41st Parliament, 60 Elizabeth II, 2011 house of commons of canada BILL C-307 An Act to amend the Canada Labour Code (pregnant or nursing employees) R.S., c. L-2 Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. The Canada Labour Code is amended by adding the following after section 132: Provincial legislation 132.1 (1) Notwithstanding any other provi-sion 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 preventive withdrawal, transfer to another position and financial compensation to which she would be entitled under that legislation. Application (2) An employee may exercise the right provided in subsection (1) by making an application for that purpose to the agency appointed by the province to administer the legislation of the province that relates to occupational health and safety, and the agency may refuse the application. Processing of application (3) The agency referred to in subsection (2) shall process the application according to the legislation of the province applicable to pregnant or nursing employees in that province. Remedies (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. Agreement (5) The Minister shall, on behalf of the Government of Canada, with the approval of the Governor in Council, enter into an agree-ment 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). Exercise of right not prejudiced (6) The exercise by an employee of the right conferred by 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 applicable to the employee. Published under authority of the Speaker of the House of CommonsAvailable from:Publishing and Depository ServicesPublic Works and Government Services Canada