First, let me give some background. In the code, there is currently a 90-day timeline for unjust dismissal complaints. But we thought that the scope in this case was larger—at least the situations are different—and that there should be a longer timeline.
So why six months? A few years ago, an independent expert conducted an investigation on Part III of the code. He had examined those provisions and reached the conclusion that a timeline had to be established. His recommendation was a six-month timeframe. That is how the figure came about. We then looked at it and asked ourselves whether it was a reasonable timeline. As a result, we said that we would check what the provinces were doing.
We found that a number of provinces were using the six-month timeline. The best example we found—and it is not the only one—was Manitoba, which has had a provision like that for almost 15 years. In light of the changes of government, we wanted to see if this six-month timeline has been consistent. It has in fact been consistently applied for all that time. So we decided that the timeframe seemed reasonable for Manitoba. There are other provinces and territories, like British Columbia, Nova Scotia, and Yukon, that provide for a six-month timeline. So we figured that it seemed reasonable. We are going by the recommendation made initially. We are looking at what the practices are.
At the same time, there are variations in the provinces. In some cases, there is a 45-day timeline for certain types of complaints; in other cases, it will take longer. Once again, a six-month period seems to be a reasonable timeline that enables people to file a complaint in virtually all scenarios. It is impossible for someone not to realize that something has gone wrong within six months. If someone's leave was not approved, quite clearly, there is no problem there.
That being said, we see a major problem with the fact that there might be circumstances in which people will not know where to send their complaints. Under federal jurisdiction, that is a relatively major problem. Actually, people are not very familiar with the constitutional division of powers; they will think that they must be covered under provincial legislation and, as a result, they will lodge their complaints with provincial authorities. We wanted to make sure that we would not have that problem. That is why there is a provision specifying that, if a complaint was sent to the wrong place in good faith, we will be able to follow up on it.