On October 1, 2022, Canada published two proposed Regulations under the Canada Labour Code (CLC) and requested comments by October 31, 2022, via a new embedded commenting feature. The proposed Regulations are linked below:
1. Proposed Regulations re: Service of Documents and Regular Rate of Wages
Service of Documents
The proposed Regulations seek to harmonize the service of document rules under Part III of the CLC with more modern regulations under Part IV (Administrative Monetary Penalties) that came into force on January 1, 2021, and contain provisions that permit electronic and substitutional service.
The proposed Regulations allow for electronic and substitutional service of Part III legal documents. They provide that, in addition to existing manners of service (i.e., registered mail and personal service), service can also be achieved by sending the document by courier; electronic delivery (e.g., fax); and by leaving the document with someone who appears to be an adult member of the same household at the individual’s last known address or usual place of residence.
The proposed Regulations also provide for substitutional service if an individual or person (i.e., a legal person, such as a business or organization)...
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