CONSOLIDATION

Electronic Alternatives Regulations for the Purposes of Subsection 254(1) of the Canada Labour Code

SOR/2008-115

Current to June 20, 2022



OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence

31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations

(3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency.

LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only.

NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”.

Current to June 20, 2022

TABLE OF PROVISIONS Electronic Alternatives Regulations for the Purposes of Subsection 254(1) of the Canada Labour Code

Interpretation 1

Definitions

Electronic Documents 2

Conditions

Pay statement considered furnished to the employee

Coming into Force 4

Registration

Current to June 20, 2022

ii

Registration SOR/2008-115

April 17, 2008

PERSONAL INFORMATION PROTECTION AND ELECTRONIC DOCUMENTS ACT

Electronic Alternatives Regulations for the Purposes of Subsection 254(1) of the Canada Labour Code

The Minister of Labour, as the responsible authority for the Canada Labour Code in accordance with the definition responsible authority in subsection 31(1) of the Personal Information Protection and Electronic Documents Acta, pursuant to section 50 of that Act, hereby makes the annexed Electronic Alternatives Regulations for the Purposes of Subsection 254(1) of the Canada Labour Code. Ottawa, April 3, 2008 JEAN-PIERRE BLACKBURN Minister of Labour

a

S.C. 2000, c. 5

Current to June 20, 2022

Electronic Alternatives Regulations for the Purposes of Subsection 254(1) of the Canada Labour Code

Interpretation Definitions 1 The following definitions apply in these Regulations.

employer has the same meaning as in section 166 of the Canada Labour Code. (employeur) pay statement means the statement that an employer shall furnish to an employee in accordance with subsection 254(1) of the Canada Labour Code. (bulletin de paie)

Electronic Documents Conditions 2 For the purposes of the application of section 41 of the Personal Information Protection and Electronic Documents Act and the application of that section to subsection 254(1) of theCanada Labour Code, in order to satisfy the requirement that a pay statement shall be in writing, an electronic document must satisfy the following conditions: (a) the document must be provided to the employee

by making it available only to the employee through an electronic source, such as a web site, that is accessible to the employee and whose location is made known to the employee; (b) for a period of at least three years from the day on

which the document is first provided to the employee, the document must be readable and printable on a computer and printer to which the employer shall provide the employee with private access. Pay statement considered furnished to the employee 3 A pay statement is considered to be furnished to the

employee when the electronic document is provided to the employee in accordance with paragraph 2(a) and the conditions set out in paragraph 2(b) are satisfied.

Current to June 20, 2022

Electronic Alternatives Regulations for the Purposes of Subsection 254(1) of the Canada Labour Code Coming into Force Section 4

Coming into Force Registration 4 These Regulations come into force on the day on

which they are registered.

Current to June 20, 2022

