An Act to amend the Criminal Code and the Canada Labour Code

How it changed on the way

40% of the text as introduced was changed or removed by the time it became law (1,278 words introduced, 1,981 passed). A committee amended it.

substantial changeintent broadened

The bill added new bereavement leave entitlements for the death of a child or a stillbirth that were absent at introduction. Medical leave rules were expanded with phased accrual for existing employees and tighter rules on medical certificates.

• New leave added for death of a child.

  After: “Employee entitled — child (1.01) Every employee is entitled to and shall be granted, in the event of the death of a child of the employee or the death of a child of their spouse or common-law partner, a leave of absence from employment of up to eight weeks that may be taken during the period that begins on the day on which the death occurs and ends 12 weeks after the latest of the days on which any funeral, burial or memorial service of the child occurs.”

• New leave added for stillbirth.

  After: “Employee entitled — stillbirth (1.02) Every employee is entitled to and shall be granted, in the event of a stillbirth experienced by them or their spouse or common-law partner or where they would have been a parent , as defined in subsection 206.7(1), of the child born as a result of the pregnancy, a leave of absence from employment of up to eight weeks that may be taken during the period that begins on the day on which the stillbirth occurs and ends 12 weeks after the latest of the days on which any funeral, burial or memorial service in respect of the stillbirth occurs.”

• Medical leave accrual changed to distinguish new and existing employees.

  Before: “Leave with pay (1.2) An employee earns, at the beginning of each month after completing one month of continuous employment with an employer, one day of medical leave of absence with pay, up to a maximum of 10 days in a calendar year.”

  After: “Leave with pay (1.2) An employee earns, (a) in the case of an employee whose employment with an employer begins on or before the day on which this subsection comes into force, in the calendar year in which this subsection comes into force, after completing 30 days of continuous employment with the employer, three days of medical leave of absence with pay and, after 60 days of continuous employment with the employer, at the beginning of each month after completing one month of continuous employment with the employer, one day of medical leave of absence with pay, up to a maximum of 10 days;”

• Certificate requirement for paid medical leave tightened.

  Before: “Certificate — leave with pay (1.6) The employer may, in writing and no later than 15 days after the return to work of an employee who has taken a medical leave of absence with pay, require the employee to provide a certificate issued by a health care practitioner certifying that the employee was incapable of working for the period of their medical leave of absence with pay.”

  After: “Certificate — leave with pay (1.6) The employer may, in writing and no later than 15 days after the return to work of an employee who has taken a medical leave of absence with pay of at least five consecutive days, require the employee to provide a certificate issued by a health care practitioner certifying that the employee was incapable of working for the period of their medical leave of absence with pay.”

How precisely it is written

mixedChallenging the law: ModerateDisputing a charge: Moderate

The bill mixes precise numerical limits, defined terms and a narrow defence with subjective intent requirements and broad regulatory discretion. This creates clear rules in some areas but leaves room for argument over what conduct triggers the new offences.

Open to argument

• “with the intent to provoke a state of fear”

  Relies on a subjective mental state that invites disputes over whether fear was actually intended.

• “without lawful authority”

  Undefined term that grants wide interpretive latitude to police and courts.

• “if, in the opinion of the Governor in Council”

  Subjective ministerial judgment replaces an objective test for modifying leave rules.

Clear-cut

• “health professional means a person who is entitled under the laws of a province to provide health services”

  Uses an external provincial licensing standard that can be checked objectively.

• “liable to imprisonment for a term of not more than 10 years”

  Fixed maximum sentence removes sentencing discretion at the charging stage.

• “for the purpose only of obtaining or communicating information”

  Narrow, purpose-based defence that can be applied with little factual dispute.

Discretion. The Governor in Council may redefine terms and alter medical-leave accrual rules by regulation when it considers the default provisions unreasonable.

Challenging the law itself. Sections 423.2(1) and (2) could be challenged under Charter section 2(b) for overbreadth because the fear and obstruction language may capture peaceful expression near clinics.

Disputing a charge under it. An accused can readily dispute the specific-intent element and the 'lawful authority' exception, but the narrow defence and fixed numbers make factual arguments harder once intent is proven.

Read by a language model from the royal assent text; every quoted phrase appears in the bill. A reading of the drafting, not legal advice.