Federally regulated employers have a busy year ahead. Several amendments to the Canada Labour Code are expected in 2026, with compliance timelines that in some cases extend into 2027. Below is a practical overview of the key developments and what they mean for your organization.
Right to Disconnect Policies
The federal government plans to bring into force Code amendments requiring all federally regulated private-sector employers and federal Crown corporations to develop and implement a Right to Disconnect (RTD) policy. The policy must be developed in consultation with employees (or the union, where applicable), who must be given at least 90 days to provide their comments, and must include:
- A general rule about work-related communication outside of scheduled hours; and
- Any exceptions to that rule and the rationale behind them.
The legislation will prohibit employers from taking reprisals (including intimidation, dismissal, or discipline) against employees who ask the employer to comply with the policy, make inquiries about their rights, file a complaint under the policy, or exercise or attempt to exercise a right under the policy.
Notably, like Ontario’s Employment Standards Act, 2000, the Code amendments do not appear to create a substantive right for employees to disconnect from work. Rather, the focus is on requiring employers to develop and maintain a policy addressing after-hours communication.
Targeted to come into force in 2026, and once in force, employers will have one year to develop and finalize their internal RTD policies. Supporting regulations are expected to be pre-published in Canada Gazette, Part I in winter 2026, with final regulations to follow later in 2026. At this time, only administrative amendments to record-keeping requirements and administrative monetary penalty schedules are planned.
