Canadian Sustainable Jobs Act

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Sections108

• 1Short Title

  This Act may be cited as the Canadian Sustainable Jobs Act.

• 2Definitions

  The following definitions apply in this Act.

• 2[p2]

  Council means Sustainable Jobs Partnership Council established under subsection 6(1). (Conseil)

• 2[p3]

  equity-seeking group means a group of persons who are disadvantaged on the basis of one or more prohibited grounds of discrimination within the meaning of the Canadian Human Rights Act. (groupe en quête d’équité)

• 2[p4]

  Indigenous peoples has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982. (peuples autochtones)

• 2[p5]

  Minister means the federal minister designated under section 4. (ministre)

• 2[p6]

  net-zero economy means an economy that is aligned with Canada’s nationally determined contribution communicated in accordance with the Paris Agreement and that is consistent with a credible pathway to achieving net-zero emissions as described in the greenhouse gas emissions reduction plan established under section 9 of the Canadian Net-Zero Emissions Accountability Act. (économie carboneutre)

• 2[p7]

  net-zero emissions means that anthropogenic emissions of greenhouse gases into the atmosphere are balanced by anthropogenic removals of greenhouse gases from the atmosphere over the period referred to in section 6 of the Canadian Net-Zero Emissions Accountability Act. (carboneutralité)

• 2[p8]

  social dialogue includes all types of negotiation, consultation and exchange of information between or among representatives of governments, employers and workers on issues of common interest relating to economic and social policy. (dialogue social)

• 2[p9]

  specified Minister means a federal minister designated under section 5. (ministre responsable)

• 2[p10]

  sustainable job means any job that is compatible with Canada’s pathway to achieving a net-zero-emissions and climate-resilient future and that reflects the concept of decent work, namely work — including a job in which the worker is represented by a trade union that has entered into a collective agreement — that can support the worker and their family over time and that includes elements such as fair income, job security, social protection and social dialogue. (emploi durable)

• 3Purpose

  The purpose of this Act is to facilitate and promote economic growth, the creation of sustainable jobs and support for workers and communities in Canada in the shift to a net-zero economy through a framework to ensure transparency, accountability, engagement and action by relevant federal entities, including those focused – at the national and regional level – on matters such as skills development, the labour market, rights at work, economic development and emissions reduction.

• 4Minister

  The Governor in Council may, by order, designate any member of the King’s Privy Council for Canada to be the Minister for the purposes of this Act.

• 5Specified Ministers

  The Governor in Council may, by order, designate one or more members of the King’s Privy Council for Canada, other than the Minister, to be the specified Minister or specified Ministers for the purposes of this Act.

• 6Establishment
• 6(1)

  A council is established, to be known as the Sustainable Jobs Partnership Council, whose mandate is to provide the Minister and specified Ministers with independent advice — through a process of social dialogue — with respect to

• 6(1)(a)

  measures, consistent with the shift to a net-zero economy, to foster the creation of sustainable jobs;

• 6(1)(b)

  measures to support workers, communities and regions in the shift to a net-zero economy, including through skills development, training, retraining and economic development and diversification, as well as through national, regional, federal-provincial and federal-territorial initiatives related to the Sustainable Jobs Action Plans; and

• 6(1)(c)

  any matter referred to it by the Minister.

• 6(2)Establishment of terms of reference

  The Minister must, after consulting with the specified Ministers, establish the terms of reference of the Council.

• 6(3)Amendments to terms of reference

  The Minister may, after consulting with the specified Ministers and, unless their position is vacant, each co-chair of the Council, amend the terms of reference.

• 6(4)Terms of reference made public

  The Minister must make the terms of reference and any amendments to them available to the public.

• 7Responsibilities

  The Council’s responsibilities include

• 7(a)

  advising the Minister and specified Ministers on strategies and measures to encourage growth in sustainable jobs in a net-zero economy;

• 7(b)

  advising the Minister and specified Ministers on ways to address labour force impacts, support workers and create opportunities for workers in the shift to a net-zero economy;

• 7(c)

  advising the Minister and specified Ministers on the collection and overall quality of data related to economic growth and the labour market in a net-zero economy;

• 7(d)

  advising the Minister and specified Ministers on the effectiveness of relevant policies and programs;

• 7(d.1)

  advising the Minister and the specified Ministers on potential areas of cooperation with the governments of the provinces and territories and other governments in Canada in relation to the Sustainable Jobs Action Plan or the purpose of this Act;

• 7(e)

  engaging relevant partners and stakeholders, including at the national, regional, provincial, territorial and community levels, in accordance with the terms of reference; and

• 7(f)

  addressing any matter or undertaking any activity provided for in the terms of reference or requested by the Minister under section 14 or 15.

• 8Appointment
• 8(1)

  The Council consists of 13 members, who are to be appointed by the Governor in Council, on the recommendation of the Minister, to hold office on a part-time basis and at pleasure for a renewable term of up to three years.

• 8(1.1)Composition

  The Council is composed of the following members:

• 8(1.1)(a)

  two co-chairs;

• 8(1.1)(b)

  three members who represent trade unions;

• 8(1.1)(c)

  three members who represent Indigenous peoples;

• 8(1.1)(d)

  three members who represent industry;

• 8(1.1)(e)

  one member who represents an environmental non-governmental organization; and

• 8(1.1)(f)

  one member who represents another key stakeholder group.

• 8(2)Factors

  When making a recommendation respecting the appointment of members, the Minister is to take into consideration

• 8(2)(a)

  the importance of having members that reflect Canada’s diversity — including its regional diversity — and underrepresented groups; and

• 8(2)(b)

  the need for members who have knowledge, expertise or experience in one or more of the following:

• 8(2)(b)(i)

  the key sectors involved in the shift to a net-zero economy,

• 8(2)(b)(ii)

  the types of issues facing workers in the shift to a net-zero economy, including issues related to industrial change and technological transformation,

• 8(2)(b)(iii)

  the representation of unionized workers,

• 8(2)(b)(iv)

  the Indigenous knowledge of Indigenous peoples,

• 8(2)(b)(v)

  climate change and climate policy at the regional, national and international levels,

• 8(2)(b)(vi)

  economic and labour market analysis and forecasting,

• 8(2)(b)(vii)

  skills development, training and retraining initiatives at the regional and national levels, and

• 8(2)(b)(viii)

  the governance of advisory boards or committees.

• 8(3)Co-chairs

  When making recommendations respecting the co-chairs, the Minister is to recommend individuals who represent trade unions and industry.

• 9Remuneration and expenses

  The members of the Council are to be paid the remuneration that is fixed by the Governor in Council and are entitled to be reimbursed, in accordance with Treasury Board directives, for the travel, living and other expenses incurred in connection with their work while absent from their ordinary place of residence.

• 10Deemed employment

  The members of the Council are deemed to be employees for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act.

• 11Annual report
• 11(1)

  The Council must submit to the Minister and specified Ministers an annual report

• 11(1)(a)

  in the case of the first report, no later than the date that is fixed by the Minister; and

• 11(1)(b)

  in the case of each subsequent report, no later than October 15 of each year.

• 11(2)Contents

  The annual report must include the advice of the Council and a summary of its activities

• 11(2)(a)

  in the case of the first report, since the coming into force of this Act; and

• 11(2)(b)

  in the case of each subsequent report, since the previous report.

• 12Report made public

  The Minister must make public the annual report within 30 days after the day on which the Minister receives it.

• 13Minister’s response
• 13(1)

  The Minister must, after consulting with the specified Ministers and other relevant federal ministers, prepare a written response to the Council’s annual report and must make public the response within 120 days after the day on which the Minister receives the annual report.

• 13(2)Contents

  The response must address the Council’s advice included in the annual report.

• 14Report

  At the request of the Minister, the Council must research and report on any matter relating to the creation of sustainable jobs or the shift to a net-zero economy that is specified by the Minister and the Minister may make public the report.

• 15Progress report

  At the request of the Minister, the Council must provide the Minister with a written progress report on the activities specified by the Minister within 30 days after the day on which the request is made.

• 16Sustainable Jobs Action Plan
• 16(1)

  The Minister must prepare a Sustainable Jobs Action Plan no later than December 31, 2025 and must prepare a new Plan no later than December 31 of every fifth year after that.

• 16(2)Tabling of Plan

  The Minister must cause each Plan to be tabled in each House of Parliament

• 16(2)(a)

  in the case of the first Plan, no later than the fifteenth sitting day of that House after December 31, 2025; and

• 16(2)(b)

  in the case of each subsequent Plan, no later than the fifteenth sitting day of that House after December 31 of every fifth year after that.

• 16(3)Contents

  Each Plan must

• 16(3)(a)

  outline how the federal government will facilitate and promote economic growth, the creation of sustainable jobs and support for workers and communities in the shift to a net-zero economy over the following five-year period, including through investments to decarbonize Canada’s economy, the establishment of conditions for accessing federal economic incentives in relation to labour and the identification of pathways to sustainable jobs for workers;

• 16(3)(a.1)

  describe how the federal government is upholding the guiding principles set out in the preamble;

• 16(3)(b)

  set out the measures that the Minister, specified Ministers and other relevant federal ministers have identified to be implemented, — including measures relating to skills development, economic and social measures and measures that support workers on an individual, regional, community and sectoral basis — the milestones to be achieved by the federal entities for which they are responsible and the ways in which those ministers will implement those measures;

• 16(3)(c)

  include a summary of data that is available within the federal government, that is related to economic growth and the labour market in a net-zero economy and that was used in the development of the Plan, including data related to equity, diversity and inclusion in the labour force, along with a description of how that data informed the development of the measures referred to in paragraph (b);

• 16(3)(c.1)

  identify any gaps in the data referred to in paragraph (c) that impact labour market analyses, including data in relation to Indigenous peoples, describe the effect of those gaps on the analyses and indicate which gaps are being addressed;

• 16(3)(c.2)

  include information on measures that relate to this Act that have been implemented in support of skills development, training and retraining, as well as to address other relevant labour market and worker-focused issues;

• 16(3)(c.3)

  describe how it takes into account the greenhouse gas emissions reduction plan established under section 9 of the Canadian Net-Zero Emissions Accountability Act;

• 16(3)(c.4)

  include information on the key measures that have been taken in cooperation with the governments of the provinces and territories and other governments in Canada in relation to the Plan or the purpose of this Act;

• 16(3)(c.5)

  include information on initiatives or other measures taken by the governments of the provinces and territories, Indigenous peoples, trade unions, municipal governments or the private sector that may contribute to the creation of sustainable jobs and to supporting workers and communities; and

• 16(3)(d)

  in the case of subsequent Plans, describe the progress made towards achieving the milestones under the previous Plans.

• 17Amendments
• 17(1)

  The Minister may amend a Sustainable Jobs Action Plan at any time.

• 17(2)Tabling

  The Minister must cause the amended Plan to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the amended Plan is prepared.

• 18Consultation

  The Minister must, when preparing or amending a Sustainable Jobs Action Plan,

• 18(a)

  take into account advice from the Council;

• 18(b)

  consult the specified Ministers and other relevant federal ministers, including with respect to existing labour market analyses and the economic effects of existing and planned emissions reduction measures;

• 18(c)

  take into account the most recent greenhouse gas emissions reduction plan established under section 9 of the Canadian Net-Zero Emissions Accountability Act; and

• 18(d)

  provide the governments of the provinces and territories, Indigenous peoples and any other key experts, partners and stakeholders, including from non-governmental organizations, labour and industry, with the opportunity to make submissions.

• 19Progress reports
• 19(1)

  The Minister must prepare a progress report no later than June 1, 2028 and additional progress reports no later than June 1 of every fifth year after that.

• 19(2)Tabling of progress reports

  The Minister must cause each progress report to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the report is prepared.

• 19(3)Contents

  Each progress report must contain an update on the progress made towards achieving the milestones under and implementing the measures set out in the most recent Sustainable Jobs Action Plan and include the details of any additional measures that are being or could be taken to increase the probability of achieving the milestones.

• 19(4)Consultation

  The Minister must, when preparing a progress report,

• 19(4)(a)

  take into account advice from the Council; and

• 19(4)(b)

  consult the specified Ministers and other relevant federal ministers.

• 20Establishment
• 20(1)

  The Minister must establish a Sustainable Jobs Secretariat to support the Minister in the implementation of the Act.

• 20(2)Role

  The Secretariat’s role includes

• 20(2)(a)

  enabling policy and program coherence in the development and implementation of each Sustainable Jobs Action Plan, supporting the work within the federal government to design the measures set out in those Plans and coordinating the implementation of those measures across federal entities, working in leadership roles in their respective areas of responsibility, including those entities responsible — at the national and regional level — for matters relating to skills development, the labour market, rights at work, economic development and emissions reduction;

• 20(2)(b)

  supporting the preparation of the Plans and tracking progress on them;

• 20(2)(c)

  coordinating specific federal-provincial and federal-territorial initiatives related to the Plans and engaging with the governments of provinces and territories in areas of common interest;

• 20(2)(c.1)

  serving as a source of information and point of contact in respect of federal programs, funding and services for workers and employers with respect to sustainable jobs; and

• 20(2)(d)

  providing administrative and policy support to the Council.

• 21Review of Act
• 21(1)

  Within 10 years after the day on which this Act receives royal assent and by the end of each subsequent period of 10 years, the Minister must cause a review of this Act to be conducted.

• 21(2)Tabling of report

  The Minister must cause a report of the review to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the report has been completed.