NEWFOUNDLAND AND LABRADOR
REGULATION 44/20

Temporary Variation of Statutory Deadlines Order (Amendment)
under the
Temporary Variation of Statutory Deadlines Act
(O.C. 2020-096)

(Filed June 12, 2020)

Under the authority of section 6 of the Temporary Variation of Statutory Deadlines Act, the Lieutenant-Governor in Council makes the following Order.

Dated at St. John's, June 12, 2020.

Elizabeth Day
Clerk of the Executive Council

ORDER

Analysis

        1.   S. 4.1 Added

              Labour Standards Act

          

NLR 33/20

        1. The Temporary Variation of Statutory Deadlines Order is amended by adding immediately after section 4 the following:

Labour Standards Act

      4.1 (1) Notwithstanding section 50 of the Labour Standards Act, where an employer temporarily lays off an employee on or after March 18, 2020 and before September 18, 2020 and the lay-off exceeds 26 weeks in a period of 33 consecutive weeks, the employee shall, for the purposes of Part X of that Act be considered to have been terminated at the beginning of the 26 week period.

             (2)  For the purposes of subsection (1), a day during the period of 33 consecutive weeks for which an employee receives pay, including pay the employee receives for a public holiday occurring during that period, shall not be counted in the calculation of the 26 week lay-off period set out in subsection (1).

             (3)  Where the 6 month period referred to in subsection 62(3) of the Labour Standards Act falls on or after March 18, 2020 and before September 18, 2020, a person may, notwithstanding subsection 62(3) of that Act, file a complaint within 12 months of the date the employee's contract is terminated.

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