Commercial and Business Aviation Advisory Circulars

Amendments to Part II of the Canada Labour Code, Occupational Health and Safety

PURPOSE

This Commercial and Business Aviation Advisory Circular (CBAAC) informs air operators of the recent amendments to Part II of the Canada Labour Code (hereinafter referred to as the Code) which deals with Occupational Health and Safety.

BACKGROUND

Research into amending Part II of the Code started in 1990. From 1993 to 1995, Human Resources Development Canada - Labour Program conducted extensive consultations with employers and employees to amend the Code. Over 200 potential areas of change were identified. Consensus was achieved in over 96% of areas. Bill C-97 died on the Order Paper in April 1997 and was reintroduced as Bill C-12 in October 1999. It received Royal Assent on June 29, 2000, and was proclaimed on September 30, 2000.

The revised Code focuses on a new concept known as the "internal responsibility system" where employers and employees are jointly responsible for ensuring health and safety in their work place. New and amended provisions provide both employers and employees with more efficient tools to conduct investigations, resolve complaints and deal with contraventions internally.

The most significant amendments to the Code were made under the following topics:

1. Definitions (subsection 122.(1))
2. Methods of Communication (section 122.3)
3. Duties of Employers (sections 124 and 125)
4. Duties of Employees (section 126)
5. Policy Health and Safety Committees (section 134)
6. Work Place Health and Safety Committees (section 135)
7. Health and Safety Representatives (section 136)
8. Internal Complaint Resolution Process (section 127.1)
9. Right to Refuse Dangerous Work (section 128)
10. Right of Redress (section 147.1)
11. Powers and Duties of Health and Safety Officers (sections 141 and 145)
12. Appeals of Decisions and Directions (sections 145.1 and 146)
13. Pregnant and Nursing Employees (section 132)
14. Other Changes (sections 148 and 149)

An overview of these amendments is provided at http://www.tc.gc.ca/
CivilAviation/commerce/circulars/AC0191_att1.htm

The contents of this CBAAC are to be used for reference purposes only. The actual interpretation of the amendments to the Code is the sole prerogative of the Courts.

CONCLUSION

The recent amendments to Part II of the Canada Labour Code will have a major impact on the way that occupational health and safety matters are viewed and dealt with. Increased responsibilities of employers and the introduction of the internal responsibility system will result in the need to establish more effective methods of communication between employers and employees.

Air operators may view the amended Code in its entirety at http://info.load-otea.hrdc-drhc.gc.ca/federal_legislation/part2/legislation/code.htm

For more information on the amended Code, or for a hard-copy of the previously referenced amendment overview document, air operators are invited to contact their regional Civil Aviation Safety Inspector - Occupational Health and Safety (see Appendix A).

M.R. Preuss
Director
Commercial & Business Aviation