First Session, Forty-fourth Parliament,
70 Elizabeth II, 2021
HOUSE OF COMMONS OF CANADA
BILL C-3
An Act to amend the Criminal Code and the Canada Labour Code
FIRST READING, November 26, 2021
MINISTER OF LABOUR
91056


SUMMARY

This enactment amends the Criminal Code to, among other things,
(a)create an offence of intimidating a person in order to impede them from obtaining health services, intimidating a health professional in order to impede them in the performance of their duties or intimidating a person who assists a health professional in order to impede the person in providing that assistance;
(b)create an offence of obstructing or interfering with a person’s lawful access to a place at which health services are provided, subject to a defence of attending at the place for the purpose only of obtaining or communicating information; and
(c)add the commission of an offence against a person who was providing health services and the commission of an offence that had the effect of impeding another person from obtaining health services as aggravating sentencing factors for any offence.
It also amends the Canada Labour Code to, among other things,
(a)repeal the personal leave that an employee may take to treat their illness or injury;
(b)provide that an employee may earn and take up to 10 days of medical leave of absence with pay in a calendar year; and
(c)authorize the Governor in Council to make regulations to modify, in certain circumstances, the provisions respecting medical leave of absence with pay.
Available on the House of Commons website at the following address:
www.ourcommons.ca


1st Session, 44th Parliament,
70 Elizabeth II, 2021
HOUSE OF COMMONS OF CANADA
BILL C-3
An Act to amend the Criminal Code and the Canada Labour Code
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
R.‍S.‍, c. C-46

Criminal Code

1Paragraph (a) of the definition offence in section 183 of the Criminal Code is amended by adding the following after subparagraph (lxxi):
(lxxi.‍1)section 423.‍2 (intimidation — health services),
2The Act is amended by adding the following after section 423.‍1:
Intimidation — health services
423.‍2(1)Every person commits an offence who engages in any conduct with the intent to provoke a state of fear in
(a)a person in order to impede them from obtaining health services from a health professional;
(b)a health professional in order to impede them in the performance of their duties; or
(c)a person, whose functions are to assist a health professional in the performance of the health professional’s duties, in order to impede that person in the performance of those functions.
Obstruction or interference with access
(2)Every person commits an offence who, without lawful authority, intentionally obstructs or interferes with another person’s lawful access to a place at which health services are provided by a health professional.
Punishment
(3)Every person who commits an offence under subsection (1) or (2) is
(a)guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years; or
(b)guilty of an offence punishable on summary conviction.
Defence
(4)No person is guilty of an offence under subsection (2) by reason only that they attend at or near, or approach, a place referred to in that subsection for the purpose only of obtaining or communicating information.
Definition of health professional
(5)In this section, health professional means a person who is entitled under the laws of a province to provide health services.
3Paragraph (c) of the definition secondary designated offence in section 487.‍04 of the Act is amended by adding the following after subparagraph (xi):
(xi.‍01)subsection 423.‍2(1) (intimidation — health services),
4(1)Subsection 515(4.‍1) of the Act is amended by adding the following after paragraph (b.‍1):
(b.‍11)an offence under subsection 423.‍2(1) (intimidation — health services),
(2)Paragraph 515(4.‍3)‍(b) of the Act is replaced by the following:
(b)an offence described in section 264 or 423.‍1 or subsection 423.‍2(1);
5(1)Paragraph 718.‍2(a) of the Act is amended by adding the following after subparagraph (iii.‍1):
(iii.‍2)evidence that the offence was committed against a person who, in the performance of their duties and functions, was providing health services, including personal care services,
(2)Paragraph 718.‍2(a) of the Act is amended by striking out “or” at the end of subparagraph (v), by adding “and” at the end of subparagraph (vi) and by adding the following after subparagraph (vi):
(vii)evidence that the commission of the offence had the effect of impeding another person from obtaining health services, including personal care services,
R.‍S.‍, c. L-2

Canada Labour Code

6Paragraph 206.‍6(1)‍(a) of the Canada Labour Code is repealed.
7(1)Subsection 239(2) of the Act is replaced by the following:
Leave with pay
(1.‍2)An employee earns, at the beginning of each month after completing one month of continuous employment with an employer, one day of medical leave of absence with pay, up to a maximum of 10 days in a calendar year.
Rate of wages
(1.‍3)Each day of medical leave of absence with pay that an employee takes must be paid at their regular rate of wages for their normal hours of work, and that pay is for all purposes considered to be wages.
Annual carry forward
(1.‍4)Each day of medical leave of absence with pay that an employee does not take in a calendar year is to be carried forward to January 1 of the following calendar year and decreases, by one, the maximum number of days that can be earned in that calendar year under subsection (1.‍2).
Division of leave with pay
(1.‍5)The medical leave of absence with pay may be taken in one or more periods. The employer may require that each period of leave be of not less than one day’s duration.
Certificate — leave with pay
(1.‍6)The employer may, in writing and no later than 15 days after the return to work of an employee who has taken a medical leave of absence with pay, require the employee to provide a certificate issued by a health care practitioner certifying that the employee was incapable of working for the period of their medical leave of absence with pay.
Certificate — leave without pay
(2)If a medical leave of absence without pay is three days or longer, the employer may require that the employee provide a certificate issued by a health care practitioner certifying that the employee was incapable of working for the period of their medical leave of absence without pay.
(2)Subsection 239(13) of the Act is replaced by the following:
Regulations
(13)The Governor in Council may make regulations
(a)defining terms for the purposes of this Division, including “regular rate of wages” and “normal hours of work”; and
(b)modifying any provision of this Division respecting the medical leave of absence with pay for the purposes of applying this Division to any class of employees if, in the opinion of the Governor in Council,
(i)the application of the provision without the modification would be unreasonable or inequitable in respect of the employees in that class or their employers, due to the work practices of that class, and
(ii)those employees will, despite the modification, earn periods of medical leave of absence with pay at a rate that is substantially equivalent to the rate provided for in subsection (1.‍2).

Coming into Force

30th day after royal assent
8(1)Sections 1 to 5 come into force on the 30th day after the day on which this Act receives royal assent.
Order in council
(2)Sections 6 and 7 come into force on a day to be fixed by order of the Governor in Council.
Published under authority of the Speaker of the House of Commons