Government of Canada Moves Forward on 10-Sick Days Implementation

The Government of Canada issued its intended direction earlier this week to paid medical leave (10-paid sick days). The final regulations, which will require federally regulated employers to provide 10 days of paid sick leave, are now available on Canada.ca. The regulation will take effect on December 1, 2022.

This is a permanent change to the Canada Labour Code and it will apply to all federally regulated private sector employers, including trucking companies.

The direction chosen by the Government of Canada was very similar to the proposed language in Gazette I. Throughout the regulatory process, CTA maintained the position that the Government of Canada should slow down the implementation process and adopt a phased-in approach, which would allow the Government adequate time to help the industry with training support, access to immigration, and to increase enforcement activities on Driver Inc.

The final Regulations outline essential elements of the new paid sick leave provisions. This includes, among other things, the following:

  • As of December 31, 2022, employees who have been continuously employed for at least 30 days will have access to their first three days of paid sick leave. As of February 1, 2023, employees will acquire a fourth day and will continue to accumulate one day a month up to a maximum of 10 days per year;
  • Employers can request a medical certificate if an employee is absent for five days or more in a row;
  • Employees on paid sick leave who are paid on a basis other than time, will be entitled to the regular rate of wages.

To help members with compliance, the Canadian Trucking Alliance (CTA) and the Ontario Trucking Association have worked with their legal advisors on a memo. This memo will be shared with OTA members. Details will also be provided to members regarding upcoming technical webinars which will provide an overview of the regulations and what businesses will need to do.

CTA is also in the process of drafting materials which help to outline the expected impact this will have on truck driver capacity within the system, which is already experiencing a driver shortage.

CTA was very pleased last week the enforcement of Driver Inc. was front and centre in the Fall Economic Statement. CTA also applauded and thanked Minister O’Regan for meeting with CTA and Teamsters Canada to discuss the importance of enforcing Driver Inc. from a workers’ rights perspective as well as the additional impact Driver Inc carries in light of the incoming medical leave provisions.

CTA and OTA will also be continuing to encourage the Government of Canada and the Province of Ontario  to work with the industry to provide training dollars and better access to immigration to help address the driver shortage as the capacity crunch on our sector and supply chain intensifies.

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