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 Act, 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

INTERPRETATION

1.–The following definitions apply in these Regulations.

“employer”

” employeur “

“employer”　has the same meaning as in section 166 of the Canada Labour Code.

“pay statement”

” bulletin de paie “

“pay statement” means the statement that an employer shall furnish to an employee in accordance with subsection 254(1) of the Canada Labour Code.

ELECTRONIC DOCUMENTS

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 the Canada 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.

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.

COMING INTO FORCE

4.　These Regulations come into force on the day on which they are registered.