Adoption of Bill 176: Ban on differences in treatment clauses in pension plans and other employee benefits

Bill 176 was passed unanimously by the National Assembly and was assented to on June 12, thus becoming Chapter 21 of the Statutes of Québec 2018. As we mentioned in our March 2018 memo, Bill 176 amends the Act respecting labour standards notably to prohibit any distinction made solely on the basis of a hiring date, in relation to pension plans or other employee benefits (“differences in treatment”).

Bill 176 states that this prohibition shall not apply to differences in treatment clauses that existed the day preceding the Act’s assent, that is on June 11. According to official documents published on the National Assembly website to this day, this prohibition was not amended in the version that was passed on June 12. Furthermore, it must be noted that the period within which employees who believe they have been victims of a difference in treatment can file a complaint with the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST) was amended in the version passed by the National Assembly, from 90 days to 12 months of the difference in treatment becoming known.

Please feel free to contact Normandin Beaudry’s consultants for additional information.