Bill C-636: An Act to amend the Canada Labour Code (unpaid training)

C-636 Second Session, Forty-first Parliament, 62-63 Elizabeth II, 2013-2014 HOUSE OF COMMONS OF CANADA BILL C-636 An Act to amend the Canada Labour Code (unpaid training) first reading, November 25, 2014 Ms. Liu 412245 SUMMARY This enactment amends the definition “employee” in Parts II and III of the Canada Labour Code to include persons receiving training with or without remuneration and specifies the conditions under which training without remuneration is permitted. Available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca 2nd Session, 41st Parliament, 62-63 Elizabeth II, 2013-2014 house of commons of canada BILL C-636 An Act to amend the Canada Labour Code (unpaid training) Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: SHORT TITLE Short title 1. This Act may be cited as the Intern Protection Act. R.S., c. L-2 CANADA LABOUR CODE 2. The definition “employee” in subsection 122(1) of the Canada Labour Code is replaced by the following: “employee”« employé » “employee” means a person employed by an employer and includes a person who receives training, with or without remuneration, from the employer. 3. Section 166 of the Act is amended by adding the following in alphabetical order: “employee”« employé » “employee” includes a person who receives training, with or without remuneration, from the employer. 4. The Act is amended by adding the following after section 178: Training without remuneration 178.1 (1) An employer shall not provide training without remuneration unless all of the following conditions are met: (a) the training is approved by a secondary or post-secondary educational institution or vocational school and the completion of the training contributes to a degree or diploma at that institution or school; (b) the training is primarily for the benefit of the employee, and substantially improves the employee’s job or career prospects in the field for which the training is being provided; and (c) the employee receiving training does not replace any paid employees and most of the activities of the employee receiving training differ from those of the paid employees. Written notification (2) If an employer provides training without remuneration as described in subsection (1), that employer shall, upon commencement of the training, notify the employee of the following: (a) the terms of the training, including the duration of the training and the type of activities associated with the training; (b) the hours of work required for the training; and (c) the fact that the employee will not receive remuneration for the duration of the training. Record (3) If an employer provides training without remuneration as described in subsection (1), that employer shall keep a record of the hours worked by the employee. COMING INTO FORCE Order in council 5. The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council. Published under authority of the Speaker of the House of Commons