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CANADA LABOUR CODE
An Act to consolidate certain statutes respecting labour SHORT TITLEShort Title1. This Act may be cited as the Canada Labour Code. INTERPRETATIONDefinitions2. In this Act "federal work, undertaking or business" «entreprises fédérales» "federal work, undertaking or business" means any work, undertaking or business that is within the legislative authority of Parliament, including, without restricting the generality of the foregoing,
"Minister" «ministre» "Minister" means the Minister of Labour. PART IIOCCUPATIONAL HEALTH AND SAFETY 122. (1) In this Part, "appeals officer" «agent d'appel» "appeals officer" means a person who is designated as an appeals officer under section 145.1; "Board" «conseil» "Board" means the Canada Labour Relations Board continued by section 9; "collective agreement" «convention collective» "collective agreement" has the same meaning as in section 166; "danger" «danger» "danger" means any existing or potential hazard or condition or any current or future activity that could reasonably be expected to cause injury or illness to a person exposed to it before the hazard or condition can be corrected, or the activity altered, whether or not the injury or illness occurs immediately after the exposure to the hazard, condition or activity, and includes any exposure to a hazardous substance that is likely to result in a chronic illness, in disease or in damage to the reproductive system; "employee" «employé» "employee" means a person employed by an employer; "employer" «employeur» "employer" means a person who employs one or more employees and includes an employers' organization and any person who acts on behalf of an employer; "hazardous substance" «substance dangereuse» "hazardous substance" includes a controlled product and a chemical, biological or physical agent that, by reason of a property that the agent possesses, is hazardous to the safety or health of a person exposed to it; "health and safety officer" «agent de santé et de sécurité» "health and safety officer" means a person who is designated as a health and safety officer under section 140; "health and safety representative" «représentant» "health and safety representative" means a person who is appointed as a health and safety representative under section 136; "policy committee" «comité d'orientation» "policy committee" means a policy health and safety committee established under section 134.1; "prescribe" «règlement» "prescribe" means prescribe by regulation of the Governor in Council or determine in accordance with rules prescribed by regulation of the Governor in Council; "regional health and safety officer" «agent régional de santé et de sécurité» "regional health and safety officer" means a person who is designated as a regional health and safety officer under section 140; "safety" «sécurité» "safety" means protection from danger and hazards arising out of, linked with or occurring in the course of employment; "work place" «lieu de travail» "work place" means any place where an employee is engaged in work for the employee's employer; "work place committee" «comité local» "work place committee" means a work place health and safety committee established under section 135. (2) In this Part, the expressions "controlled product", "hazard symbol", "Ingredient Disclosure List", "label" and "material safety data sheet" have the same meanings as in the Hazardous Products Act. (3) Except where otherwise provided in this Part, all other words and expressions have the same meanings as in Part I. 122.1 The purpose of this Part is to prevent accidents and injury to health arising out of, linked with or occurring in the course of employment to which this Part applies. Preventive measures 122.2 Preventive measures should consist first of the elimination of hazards, then the reduction of hazards and finally, the provision of personal protective equipment, clothing, devices or materials, all with the goal of ensuring the health and safety of employees. Rights of Employees 122.3 (1) An employee with a special need shall be given any direction, notice, information, instruction or training that is required to be given to employees under this Part by any method of communication that readily permits the employee to receive it, including braille, large print, audio tape, computer disk, sign language and verbal communication. Meaning of "special need" (2) For the purposes of this section, an employee has a special need if the employee is affected by a condition that impairs their ability to receive any direction, notice, information, instruction or training given by a method that would otherwise be sufficient under this Part. 123. (1) Notwithstanding any other Act of Parliament or any regulations thereunder, this Part applies to and in respect of employment
Application to public service of Canada (2) This Part applies to the public service of Canada and to persons employed in the public service of Canada to the extent provided for under section 11 of the Financial Administration Act. 123.1 The Governor in Council may, by order, exclude, in whole or in part, from the application of this Part or any specified provision of this Part employment on or in connection with any work or undertaking that is regulated pursuant to the Nuclear Safety and Control Act. 124. Every employer shall ensure that the health and safety at work of every person employed by the employer is protected. 125. (1) Without restricting the generality of section 124, every employer shall, in respect of every work place controlled by the employer and, in respect of every work activity carried out by an employee in a work place that is not controlled by the employer, to the extent that the employer controls the activity,
Exception (2) Paragraph (1)(z.17) does not apply to an employer who controls
Further specific duties of employer 125.1 Without restricting the generality of section 124 or limiting the duties of an employer under section 125 but subject to any exceptions as may be prescribed, every employer shall, in respect of every work place controlled by the employer and, in respect of every work activity carried out by an employee in a work place that is not controlled by the employer, to the extent that the employer controls the activity,
Employer to provide information in emergency 125.2 (1) An employer shall, in respect every work place controlled by the employer and, in respect of every work activity carried out by an employee in a work place that is not controlled by the employer, to the extent that the employer controls that activity, provide, in respect of any controlled product to which an employee may be exposed, as soon as is practicable in the circumstances, any information referred to in paragraph 125.1(e) that is in the employer's possession to any physician or other prescribed medical professional who requests that information for the purpose of making a medical diagnosis of, or rendering medical treatment to, an employee in an emergency. Information to be kept confidential (2) Any physician or other prescribed medical professional to whom information is provided by an employer pursuant to subsection (1) shall keep confidential any information specified by the employer as being confidential, except for the purpose for which it is provided. 125.3 (1) Every employer of employees employed in a coal mine shall
Methods, machinery and equipment (2) No employer shall require or permit the use in a coal mine of any mining method, machinery or equipment in respect of which no prescribed safety standards are applicable unless the use thereof has been approved pursuant to paragraph 137.2(2)(a). (3) Every employer of employees employed in a coal mine shall, at intervals not greater than the prescribed interval, for the purpose of preventing alcohol, articles for use in smoking and drugs, other than drugs exempted by the regulations, from being brought into the mine,
(4) For the purposes of this section and section 137.2, "coal mine" includes any work place above ground that is used in the operation of the mine and is under the control of the employer of employees employed in the mine. 126. (1) While at work, every employee shall
No relief of employer's duties (2) Nothing in subsection (1) relieves an employer from any duty imposed on the employer under this Part. (3) No employee is personally liable for anything done or omitted to be done in good faith by the employee when the employee is assisting the employer, as requested by the employer, in providing first-aid or in carrying out any other emergency measures. Interference at accident scene prohibited 127. (1) Subject to subsection (2), if an employee is killed or seriously injured in a work place, no person shall, unless authorized to do so by a health and safety officer, remove or in any way interfere with or disturb any wreckage, article or thing related to the incident except to the extent necessary to
(2) No authorization referred to in subsection (1) is required where an employee is killed or seriously injured by an accident or incident involving
Internal Complaint Resolution Process 127.1 (1) An employee who believes on reasonable grounds that there has been a contravention of this Part or that there is likely to be an accident or injury to health arising out of, linked with or occurring in the course of employment shall, before exercising any other recourse available under this Part, except the rights conferred by sections 128, 129 and 132, make a complaint to the employee's supervisor. (2) The employee and the supervisor shall try to resolve the complaint between themselves as soon as possible. (3) The employee or the supervisor may refer an unresolved complaint to a chairperson of the work place committee or to the health and safety representative to be investigated jointly
(4) The persons who investigate the complaint shall inform the employee and the employer in writing, in the form and manner prescribed if any is prescribed, of the results of the investigation. (5) The persons who investigate a complaint may make recommendations to the employer with respect to the situation that gave rise to the complaint, whether or not they conclude that the complaint is justified. (6) If the persons who investigate the complaint conclude that the complaint is justified, the employer, on being informed of the results of the investigation, shall in writing and without delay inform the persons who investigated the complaint of how and when the employer will resolve the matter, and the employer shall resolve the matter accordingly. (7) If the persons who investigate the complaint conclude that a danger exists as described in subsection 128(1), the employer shall, on receipt of a written notice, ensure that no employee use or operate the machine or thing, work in the place or perform the activity that constituted the danger until the situation is rectified. Referral to health and safety officer (8) The employee or employer may refer a complaint that there has been a contravention of this Part to a health and safety officer in the following circumstances:
Investigation by health and safety officer (9) The health and safety officer shall investigate, or cause another health and safety officer to investigate, the complaint referred to the officer under subsection (8). Duty and power of health and safety officer (10) On completion of the investigation, the health and safety officer
(11) For greater certainty, nothing in this section limits a health and safety officer's authority under section 145. 128. (1) Subject to this section, an employee may refuse to use or operate a machine or thing, to work in a place or to perform an activity, if the employee while at work has reasonable cause to believe that
No refusal permitted in certain dangerous circumstances (2) An employee may not, under this section, refuse to use or operate a machine or thing, to work in a place or to perform an activity if
Employees on ships and aircraft (3) If an employee on a ship or an aircraft that is in operation has reasonable cause to believe that
the employee shall immediately notify the person in charge of the ship or aircraft of the circumstances of the danger and the person in charge shall, as soon as is practicable after having been so notified, having regard to the safe operation of the ship or aircraft, decide whether the employee may discontinue the use or operation of the machine or thing or cease working in that place or performing that activity and shall inform the employee accordingly. No refusal permitted in certain cases (4) An employee who, under subsection (3), is informed that the employee may not discontinue the use or operation of a machine or thing or cease to work in a place or perform an activity shall not, while the ship or aircraft on which the employee is employed is in operation, refuse under this section to use or operate the machine or thing, work in that place or perform that activity. When ship or aircraft in operation (5) For the purposes of subsections (3) and (4),
(6) An employee who refuses to use or operate a machine or thing, work in a place or perform an activity under subsection (1), or who is prevented from acting in accordance with that subsection pursuant to subsection (4), shall report the circumstances of the matter to the employer without delay. (7) Where an employee makes a report under subsection (6), the employee, if there is a collective agreement in place that provides for a redress mechanism in circumstances described in this section, shall inform the employer, in the prescribed manner and time if any is prescribed, whether the employee intends to exercise recourse under the agreement or this section. The selection of recourse is irrevocable unless the employer and employee agree otherwise. Employer to take immediate action (8) If the employer agrees that a danger exists, the employer shall take immediate action to protect employees from the danger. The employer shall inform the work place committee or the health and safety representative of the matter and the action taken to resolve it. (9) If the matter is not resolved under subsection (8), the employee may, if otherwise entitled to under this section, continue the refusal and the employee shall without delay report the circumstances of the matter to the employer and to the work place committee or the health and safety representative. (10) An employer shall, immediately after being informed of the continued refusal under subsection (9), investigate the matter in the presence of the employee who reported it and of
(11) If more than one employee has made a report of a similar nature under subsection (9), those employees may designate one employee from among themselves to be present at the investigation. (12) An employer may proceed with an investigation in the absence of the employee who reported the matter if that employee or a person designated under subsection (11) chooses not to be present. (13) If an employer disputes a matter reported under subsection (9) or takes steps to protect employees from the danger, and the employee has reasonable cause to believe that the danger continues to exist, the employee may continue to refuse to use or operate the machine or thing, work in that place or perform that activity. On being informed of the continued refusal, the employer shall notify a health and safety officer. Notification of steps to eliminate danger (14) An employer shall inform the work place committee or the health and safety representative of any steps taken by the employer under subsection (13). Employees on shift during work stoppage 128.1 (1) Unless otherwise provided in a collective agreement or other agreement, employees who are affected by a stoppage of work arising from the application of section 127.1, 128 or 129 or subsection 145(2) are deemed, for the purpose of calculating wages and benefits, to be at work during the stoppage until work resumes or until the end of the scheduled work period or shift, whichever period is shorter. (2) Unless otherwise provided in a collective agreement or other agreement, employees who are due to work on a scheduled work period or shift after a shift during which there has been a stoppage of work arising from the application of section 127.1, 128 or 129 or subsection 145(2) are deemed, for the purpose of calculating wages and benefits, to be at work during their work period or shift, unless they have been given at least one hour's notice not to attend work. (3) An employer may assign reasonable alternative work to employees who are deemed under subsection (1) or (2) to be at work. (4) Unless otherwise provided in a collective agreement or other agreement, employees who are paid wages or benefits under subsection (1) or (2) may be required by the employer to repay those wages and benefits if it is determined, after all avenues of redress have been exhausted by the employee who exercised rights under section 128 or 129, that the employee exercised those rights knowing that no circumstances existed that would warrant it. Investigation by health and safety officer 129. (1) On being notified that an employee continues to refuse to use or operate a machine or thing, work in a place or perform an activity under subsection 128(13), the health and safety officer shall without delay investigate or cause another officer to investigate the matter in the presence of the employer, the employee and one other person who is
Employees' representative if more than on employee (2) If the investigation involves more than one employee, those employees may designate one employee from among themselves to be present at the investigation. (3) A health and safety officer may proceed with an investigation in the absence of any person mentioned in subsection (1) or (2) if that person chooses not to be present. Decision of health and safety officer (4) A health and safety officer shall, on completion of an investigation made under subsection (1), decide whether the danger exists and shall immediately give written notification of the decision to the employer and the employee. (5) Before the investigation and decision of a health and safety officer under this section, the employer may require that the employee concerned remain at a safe location near the place in respect of which the investigation is being made or assign the employee reasonable alternative work, and shall not assign any other employee to use or operate the machine or thing, work in that place or perform the activity referred to in subseciton (1) unless
Decision of health and safety officer re danger (6) If a health and safety officer decides that the danger exists, the officer shall issue the directions under subsection 145(2) that the officer considers appropriate, and an employee may continue to refuse to use or operate the machine or thing, work in that place or perform that activity until the directions are compiled with or until they are varied or rescinded under this Part. (7) If a health and safety officer decides that the danger does not exist, the employee is not entitled under section 128 or this section to continue to refuse to use or operate the machine or thing, work in that place or perform that activity, but the employee, or a person designated by the employee for the purpose, may appeal the decision, in writing, to an appeals officer within ten days after receiving notice of the decision. When collective agreement exists 130. The Minister may, on the joint application of the parties to a collective agreement, if the Minister is satisfied that the agreement contains provisions that are at least as effective as those under sections 128 and 129 in protecting the employees to whom the agreement relates from danger to their health or safety, exclude the employees from the application of those sections for the period during which the agreement remains in force. Compensation under other laws not precluded 131. The fact that an employer or employee has complied with or failed to comply with any of the provisions of this Part may not be construed as affecting any right of an employee to compensation under any statute relating to compensation for employment injury or illness, or as affecting any liability or obligation of any employer or employee under any such statute. Pregnant and Nursing Employees 132. (1) In addition to the rights conferred by section 128 and subject to this section, an employee who is pregnant or nursing may cease to perform her job if she believes that, by reason of the pregnancy or nursing, continuing any of her current job functions may pose a risk to her health or to that of the foetus or child. On being informed of the cessation, the employer, with the consent of the employee, shall notify the work place committee or the health and safety representative. (2) The employee must consult with a qualified medical practitioner, as defined in section 166, of her choice as soon as possible to establish whether continuing any of her current job functions poses a risk to her health or to that of the foetus or child. Provision no longer applicable (3) Without prejudice to any other right conferred by this Act, by a collective agreement or other agreement or by any terms and conditions of employment, once the medical practitioner has established whether there is a risk as described in subsection (1), the employee may no longer cease to perform her job under subsection (1). (4) For the period during which the employee does not perform her job under subsection (1), the employer may, in consultation with the employee, reassign her to another job that would not pose a risk to her health or to that of the foetus or child. (5) The employee, whether or not she has been reassigned to another job, is deemed to continue to hold the job that she held at the time she ceased to perform her job functions and shall continue to receive the wages and benefits that are attached to that job for the period during which she does not perform the job. Complaints when Action against Employees 133. (1) An employee, or a person designated by the employee for the purpose, who alleges that an employer has taken action against the employee in contravention of section 147 may, subject to subsection (3), make a complaint in writing to the Board of the alleged contravention. (2) The complaint shall be made to the Board not later than ninety days from the date on which the complainant knew, or in the Board's opinion ought to have known, of the action or circumstances giving rise to the complaint. (3) A complaint in respect of the exercise of a right under section 128 or 129 may not be made under this section unless the employee has complied with subsection 128(6) or a health and safety officer has been notified under subsection 128(13), as the case may be, in relation to the matter that is the subject-matter of the complaint. (4) Notwithstanding any law or agreement to the contrary, a complaint made under this section may not be referred by an employee to arbitration or adjudication. (5) On receipt of a complaint made under this section, the Board may assist the parties to the complaint to settle the complaint and shall, if it decides not to so assist the parties or the complaint is not settled within a period considered by the Board to be reasonable in the circumstances, hear and determine the complaint. (6) A complaint made under this section in respect of exercice of a right under section 128 or 129 is itself evidence that the contravention actually occurred and, if a party to the complaint proceedings alleges that the contravention did not occur, the burden of proof is on that party. 134. If, under subsection 133(5), the Board determines that an employer has contravened section 147, the Board may, by order, require the employer to cease contravening that section and may, if applicable, by order, require the employer to
Policy Health and Safety Committees 134.1. (1) For the purposes of addressing health and safety matters that apply to the work, undertaking or business of an employer, every employer who normally employs directly three hundred or more employees shall establish a policy health and safety committee and, subject to section 135.1, select and appoint its members. (2) An employer who normally employs directly more than twenty but fewer than three hundred employees may also establish a policy committee. (3) An employer may establish more than one policy committee with the agreement of
(4) A policy committee
(5) A policy committee may request from an employer any information that the committee considers necessary to identify existing or potential hazards with respect to materials, processes, equipment or activities in any of the employer's work places. (6) A policy committee shall have full access to all of the government and employer reports, studies and tests relating to the health and safety of employees in the work place, or to the parts of those reports, studies and tests that relate to the health and safety of employees, but shall not have access to the medical records of any person except with the person's consent. (7) A policy committee shall meet during regular working hours at least quarterly and, if other meetings are required as a result of an emergency or other special circumstances, the committee shall meet as required during regular working hours or outside those hours. Work Place Health and Safety Committees 135. (1) For the purposes of addressing health and safety matters that apply to individual work places, and subject to this section, every employer shall, for each work place controlled by the employer at which twenty or more employees are normally employed, establish a work place health and safety committee and, subject to section 135.1, select and appoint its members. (2) An employer is not required to establish a committee under subsection (1) for a work place that is on board a ship in respect of employees whose base is the ship. (3) On receipt of a request from an employer that is submitted in the form and manner prescribed, if any is prescribed, and if the Minister is satisfied after considering the factors set out in subsection (4) that the nature of work being done by employees at the work place is relatively free from risks to health and safety, the Minister may, by order, on any terms and conditions that are specified in the order, exempt the employer from the requirement to establish a work place committee. (4) The following factors are to be considered for the purposes of subsection (3):
(5) A request for an exemption must be posted in a conspicuous place or places where it is likely to come to the attention of the employees, and be kept posted until the employees are informed of the Minister's decision in respect of the request. Exemption if collective agreement (6) If, under a collective agreement or any other agreement between an employer and the employer's employees, a committee of persons has been appointed and the committee has, in the opinion of a health and safety officer, a responsibility for matters relating to health and safety in the work place to such an extent that a work place committee established under subsection (1) for that work place would not be necessary,
(7) A work place committee, in respect of the work place for which it is established,
(8) A work place committee, in respect of the work place for which it is established, may request from an employer any information that the committee considers necessary to identify existing or potential hazards with respect to materials, processes, equipment or activities. (9) A work place committee, in respect of the work place for which it is established, shall have full access to all of the government and employer reports, studies and tests relating to the health and safety of the employees, or to the parts of those reports, studies and tests that related to the health and safety of employees, but shall not have access to the medical records of any person except with the person's consent. (10) A work place committee shall meet during regular working hours at least nine times a year at regular intervals and, if other meetings are required as a result of an emergency or other special circumstances, the committee shall meet as required during regular working hours or outside those hours. Provisions Common to Policy Committees and Work Place Committees 135.1 (1) Subject to this section, a policy committee or a work place committee shall consist of at least two persons and at least half of the members shall be employees who
(2) Despite subsection (1) and if provided in a collective agreement or other agreement, the members of a policy committee may include persons who are not employees. Exemption -- work place committee (3) If there is no policy committee, a work place committee may, when dealing with an issue that would have come within the responsibilities of a policy committee, select two additional members. Unless otherwise provided in a collective agreement or other agreement, one of the additional members shall be an employee who meets the criteria set out in paragraphs (1)(a) and (b). (4) If a trade union fails to select a person under subparagraph (1)(b)(ii), a health and safety officer may notify in writing the local branch of the trade union, and shall send a copy of any such notification to the trade union's national and international headquarters and to the employer, indicating that the committee is not established until a person is selected in accordance with subparagraph (1)(b)(ii). (5) If no person is selected under paragraph (1)(b), the employer shall perform the functions of the committee until a person is selected and the committee is established. (6) The employer and employees may select alternate members to serve as replacements for members selected by them who are unable to perform their functions. Alternate members for employee members shall meet the criteria set out in paragraphe (1)(a) and (b). (7) A committee shall have two chairpersons selected from among the committee members. One of the chairpersons shall be selected by the employee members and the other shall be selected by the employer members. Chaipersons to assign functions (8) The chairpersons of a committee shall jointly designate members of the committee to perform the functions of the committee under this Part as follows:
(9) A committee shall ensure that accurate records are kept of all of the matters that come before it and that minutes are kept of its meetings. The committee shall make the minutes and records available to a health and safety officer at the officer's request. (10) The members of a committee are entitled to take the time required, during their regular working hours,
(11) A committee member shall be comprensated by the employer for the functions described in paragraphs (10)(a) and (b), whether performed during or outside the member's regular working hours, at the member's regular rate of pay or premium rate of pay, as specified in the collective agreement or, if there is no collective agreement, in accordance with the employer's policy. (12) Subsections (10) and (11) apply to alternate members only while they are actually performing the functions of the committee member they are replacing. (13) No person serving as a member of a committee is personally liable for anything done or omitted to be done by the person in good faith under the authority or purported authority of this Part. (14) Subject to subsections 134.1(7) and 135(10) and any regulations made under subsection 135.2(1), a committee shall establish its own rules of procedure in respect of the terms of office, not exceeding two years, of its members and the time, place and frequency of regular meetings of the committee and may establish any rules of procedure for its operation that it considers advisable. 135.2 (1) The Governor in Council may make regulations
Regulation may be general or specific (2) A regulation made under subsection (1) may be made applicable generally to all committees or particularly to one or more committees or classes of committees. Health and Safety Representatives Appointment of health and safety representative 136. (1) Every employer shall, for each work place controlled by the employer at which fewer than twenty employees are normally employed or for which an employer is not required to establish a work place committee, appoint the person selected in accordance with subsection (2) as the health and safety representative for that work place. Selection of person to be appointed (2) The health and safety representative for a work place shall be selected as follows:
The employees or the trade union shall advise the employer in writing of the name of the person so selected. (3) If a trade union fails to select a person under subsection (2), a health and safety officer may so notify in writing the local branch of the trade union. The officer shall send a copy of the notification to the trade union's national or international headquarters and to the employer. Failure to select a representative (4) The employer shall perform the functions of the health and safety representative until a person is selected under subsection (2). (5) A health and safety representative, in respect of the work place for which the representative is appointed,
(6) A health and safety representative, in respect of the work place for which the representative is appointed, may request from an employer any information that the representative considers necessary to identify existing or potential hazards with respect to materials, processes, equipment or activities. (7) A health and safety representative, in respect of the work place for which the representative is appointed, shall have full access to all government and employer reports, studies and tests relating to the health and safety of employees, or to the parts of those reports, studies and tests that relate to the health and safety of employees, or to the parts of those reports, studies and tests that relate to the health and safety of employees, but shall not have access to the medical records of any person except with the person's consent. (8) A health and safety representative is entitled to take the time required, during their regular working hours,
(9) A health and safety representative shall be compensated by the employer for the functions described in paragraphs (8)(a) and (b), whether performed during our outside the representative's regular working hours, at the representative's regular rate of pay or premium rate of pay, as specified in the collective agreement or, if there is no collective agreement, in accordance with the employee's policy. (10) No health and safety representative is personally liable for anything done or omitted to be done by the representative in good faith under the authority or purported authority of this section. (11) The Governor in Council may make regulations specifying
Committees or representatives for certain work places 137. Notwithstanding sections 135 and 136, if an employer controls more than one work place referred to in section 135 or 136 or the size or nature of the operations of the employer or those of the work place precludes the effective functioning of a single work place committee or health and safety representative, as the case may be, for those work places, the employer shall, subject to the approval or in accordance with the direction of a health and safety officer, establish or appoint in accordance with section 135 or 136, as the case may require, a work place committee or health and safety representative for work places that are specified in the approval or direction. 137.1 (1) There is hereby established a Coal Mining Safety Commission, in this section referred to as the "Commission" consisting of, subject to subsection (2.1), not more than five members to be appointed by the Minister to hold office during pleasure. (2) One member of the Commission shall be designated chairperson of the Commission by the Minister and the others shall be equally representative of the non-supervisory employees employed in coal mines and of the employers of those employees. (2.1) The Minister may appoint, by order, and under the terms and conditions specified in the order, any person as an alternate chairperson to act in the absence or incapacity of the chairperson. An alternate chairperson, while acting as chairperson, has all of the powers, duties and immunity of the chairperson. (3) The manner of selection of the members of the Commission, other than the chairperson and an alternate chairperson, and the term of office of the members of the Commission shall be such as may be prescribed. (4) A quorum of the Commission consists of the chairperson or alternate chairperson, one member representative of non-supervisory employees and one member representative of employers. Health and safety officers ineligible (5) No health and safety officer is eligible to be appointed to the Commission or as alternate chairperson under subsection (2.1), or to be designated for the purposes of subsection 137.2(1) or (2). (6) The members of the Commission, including an alternate chairperson, shall be paid the remuneration that may be fixed by the Governor in Council and, subject to the approval of the Treasury Board, any reasonable travel and living expenses that are incurred by them while performing their functions away from their ordinary place of residence. For greater certainty For greater certainty, members of the Coal Mining Safety Commission who hold office immediately before the coming into force of this section continue in office during good behaviour for the remainder of their term, but may be removed by the Minister for cause. (7) The Commission may, subject to the approval of the Minister, make by-laws for the conduct of its activities. (8) The Minister may, at the request of the Commission, make available to the Commission such staff and other assistance as are necessary for the proper conduct of its activities. (9) The Commission shall, within sixty days following the end of each calendar year, submit a report to the Minister of its activities during the year. (10) No member of the Commission and no person designated by the Commission pursuant to subsection 137.2(1) or (2) is personally liable for anything done or omitted to be done in good faith under section 137.2. 137.2 (1) The Commission or a persons designated by the Commission for the purposes of this subsection may approve in writing, with or without modification, plans or procedures submitted in accordance with paragraph 125.3(1)(d). Approval of methods, machinery, equipment (2) On the application of an employer, the Commission or a persons designated by the Commission for the purposes of this subsection may, if, in the opinion of the Commission or those persons, protection of the health and safety of employees would not thereby be diminished,
(3) On the application of an employer, the Commission may, if in its opinion protection of the health and safety of employees would not thereby be diminished, by order,
Recommendations for amendments (4) The Commission may make recommendations to the Minister for amending or revoking any provision of the regulations applicable to coal mines or for adding any provision thereto. 138. (1) The Minister may appoint committees of persons to assist or advise the Minister on any matter that the Minister considers advisable concerning occupational health and safety related to employment to which this Part applies. (1.1) At the discretion of the Minister, persons appointed to those committees may be paid the remuneration that may be fixed by the Minister and, in accordance with any applicable Treasury Board directives, any reasonable travel and living expenses that are incurred by them while performing their functions away from their ordinary place of residence. (2) The Minister may cause an inquiry to be made into and concerning occupational health and safety in any employment to which this Part applies and may appoint one or more persons to hold the inquiry. (3) A person appointed pursuant to subsection (2) has all the powers of a person appointed as a commissioner under Part I of the Inquiries Act. (4) The Minister may undertake research into the cause of and the means of preventing employment injury and occupational illness and may, where the Minister deems it appropriate, undertake such research in cooperation with any department or agency of the Government of Canada or with any or all provinces or with any organization undertaking similar research. (5) The Minister may publish the results of any research undertaken under subsection (4) and compile, prepare and disseminate data or information bearing on health or safety of employees obtained from that research or otherwise. Occupational safety and health programs (6) The Minister may undertake programs to reduce or prevent employment injury and occupational illness and may, where the Minister deems it appropriate, undertake those programs in cooperation with any department or agency of the Government of Canada or with any or all provinces or any organization undertaking similar programs. Medical surveillance and examination programs 139. (1) The Minister may undertake medical surveillance and examination programs with respect to occupational health and safety and may, if the Minister considers it appropriate, undertake those programs in cooperation with any department or agency of the Government of Canada or with any or all of the provinces or any organization undertaking similar programs. Appointment of medical officers (2) The Minister may appoint any medical practitioner qualified in occupational medicine to undertake the medical surveillance and examination programs. 140. (1) The Minister may designate as a regional health and safety officer or as a health and safety officer for the purposes of this Part any person who is qualified to perform the duties of such an officer. Agreements re use of provincial employees as safety officers (2) The Minister may, with the approval of the Governor in Council, enter into an agreement with any province or any provincial body specifying the terms and conditions under which a person employed by that province or provincial body may act as a health and safety officer for the purposes of this Part and, if such an agreement has been entered into, a person so employed and referred to in the agreement is deemed to be designated as a health and safety officer under subsection (1). Powers of health and safety officers 141. (1) Subject to section 143.2, a health and safety officer may, in carrying out the officer's duties and at any reasonable time, enter any work place controlled by an employer and, in respect of any work place, may
(2) A health and safety officer may issue a direction under subsection (1) whether or not the officer is in the work place at the time the direction is issued. Return of material and equipment (3) A health and safety officer who has, under paragraph (1)(d), taken or removed material or equipment for testing shall, if requested by the person from whom it was taken or removed, return the material or equipment to the person after testing is completed unless the material or equipment is required for the purposes of a prosecution under this Part. (4) A health and safety officer shall investigate every death of an employee that occurred in the work place or while the employee was working, or that was the result of an injury that occurred in the work place or while the employee was working. Investigation of motor vehicle accidents (5) If the death results from a motor vehicle accident on a public road, as part of the investigation the health and safety officer shall obtain a copy of any police report as soon as possible after the accident. (6) Within ten days after completing a written report on the findings of an inquiry or investigation, the health and safety officer shall provide the employer and the work place committee or the health and safety representative with a copy of the report. (7) The Minister shall provide every health and safety officer with a certificate of authority and, when carrying out duties under this Part, the officer shall show the certificate to any person who asks to see it. (8) A health and safety officer is not personally liable for anything done or omitted to be done by the officer in good faith under the authority or purported authority of this Part. (9) Notwithstanding subsection (8), and for greater certainty, Her Majesty in right of Canada is not relieved of any civil liability to which Her Majesty in right of Cananda may otherwise be subject. 141.1 (1) A health and safety officer shall conduct an inspection of the work place in the presence of
(2) A health and safety officer may proceed with an inspection in the absence of any person mentioned in subsection (1) if that person chooses not to be present. 142. The person in charge of any work place and every person employed at, or in connection with, a work place shall give every appeals officer and health and safety officer all reasonable assistance to enable them to carry out their duties under this Part. Obstruction and false statements 143. No person shall obstruct or hinder, or make a false or misleading statement either orally or in writing to an appeals officer or a health and safety officer engaged in carrying out their duties under this Part. 143.1 No person shall prevent an employee from providing information to an appeals officer or a health and safety officer engaged in carrying out their duties under this Part. Permission required to access to residence 143.2 No person who carries out a duty under this Part shall enter a work place that is situated in an employee's residence without the employee's permission. Evidence in civil suits precluded 144. (1) No health and safety officer or person who has accompanied or assisted the officer in carrying out the officer's duties under this Part may be required to give testimony in a civil suit with regard to information obtained in carrying out of those duties or in accompanying or assisting the officer, except with the written permission of the Minister. (2) No appeals officer or person who has accompanied or assisted the officer in carrying out the officer's duties and functions under this Part may be required to give testimony in any proceeding with regard to information obtained in the carrying out of those duties and functions or in accompanying or assisting the officer. (3) Subject to subsection (4), no appeals officer or health and safety officer who is admitted to a work place under to the powers conferred on an officer by section 141 and no person accompanying such an officer shall disclose to any person any information obtained in the work place by that officer or person with regard to any secret process or trade secret, except for the purposes of this Part or as required by law. (4) All information that, pursuant to the Hazardous Materials Information Review Act, an employer is exempt from disclosing under paragraph 125.1(d) or (e) or under paragraph 13(a) or (b) or 14(a) or (b) of the Hazardous Products Act and that is obtained in a work place, by an appeals officer or a health and safety officer who is admitted to the work place, under section 141, or by a person accompanying that officer, is privileged and, notwithstanding the Access to Information Act or any other Act or law, shall not be disclosed to any other person except for the purposes of this Part. Information not to be published (5) No person shall, except for the purposes of this Part or for the purposes of a prosecution under this Part, publish or disclose the results of any analysis, examination, testing, inquiry, investigation or sampling made or taken by or at the request of an appeals officer or a health and safety officer under section 141. (6) No person to whom information obtained under section 141 is communicated in confidence shall divulge the name of the informant to any person except for the purposes of this Part, and no such person is competent or compellable to divulge the name of the informant before any court or other tribunal. Direction to terminate contravention 145. (1) A health and safety officer who is of the opinion that a provision of this Part is being contravened or has recently been contravened may direct the employer or employee concerned, or both, to
(1.1) A health and safety officer who has issued a direction orally shall provide a written version of it
Dangerous situations -- direction to employer (2) If health and safety officer considers that the use or operation of a machine or thing, a condition in a place or the jperformance of an activity constitutes a danger to an employee while at work,
Dangerous situations -- direction to employee (2.1) If a health and safety officer considers that the use or operation of a machine or thing by an employee, a condition in a place or the performance of an activity by an employee constitutes a danger to the employee or to another employee, the officer shall, in addition to the directions issued under paragraph (2)(a), issue a direction in writing to the employee to discontinue the use, operation or activity or cease to work in that place until the employer has complied with the directions issued under that paragraph. (3) If a health and safety officer issues a direction under paragraph (2)(a), the officer shall affix or cause to be affixed to or near the place, machine or thing in respect of which the direction is issued, or in the area in which the activity in respect of which the direction is issued is performed, a notice in the form and containing such information that the Minister may specify, and no person shall remove the notice unless authorized to do so by a health and safety officer. (4) If a health and safety officer issues a direction under paragraph (2)(b) in respect of a place, machine, thing or activity, the employer shall cause the use or operation of the place, machine or thing or the performance of the activity to be discontinued, and no person shall use or operate the place, machine or thing or perform the activity until the measures directed by the officer have been taken. Copies of directions and reports (5) If a health and safety officer issues a direction under subsection (1) or (2) or makes a report in writing to an employer on any matter under this Part, the employer shall without delay
Copy to person who made complaint (6) If a health and safety officer issues a direction under subsection (1), (2) or (2.1) or makes a report referred to in subsection (5) in respect of an investigation made by the officer pursuant to a complaint, the officer shall immediately give a copy of the direction or report to each person, if any, whose complaint led to the investigation. (7) If a health and safety officer issues a direction to an employee under subsection (1) or (2.1), the officer shall immediately give a copy of the direction to the employee's employer. Response to direction or report (8) If a health and safety officer issues a direction under subsection (1), (2) or (2.1) or makes a report referred to in subsection (5), the officer may require the employer or the employee to whom the direction is issued or to whom the report relates to respond in writing to the direction or report, within the time that the officer may specify. The employer or employee shall provide a copy of the response to the policy committee and a copy to the work place committee or the health and safety representative. Appeals of Decisions and Directions 145.1 (1) The Minister may designate as an appeals officer for the purposes of this Part any person who is qualified to perform the duties of such an officer. (2) For the purposes of sections 146 to 146.5, an appeals officer has all of the powers, duties and immunity of a health and safety officer. 146. (1) An employer, employee or trade union that feels aggrived by a direction issued by a health and safety officer under this Part may appeal the direction in writing to an appeals officer within thirty days after the date of the direction being issued or confirmed in writing. (2) Unless otherwise ordered by an appeals officer on application by the employer, employee or trade union, an appeal of a direction does not operate as a stay of the direction. 146.1 (1) If an appeal is brought under subsection 129(7) or section 146, the appeals officer shall, in a summary way and without delay, inquire into the circumstances of the decision or direction, as the case may be, and the reasons for it and may
(2) The appeals officer shall provide a written decision, with reasons, and a copy of any direction to the employer, employee or trade union concerned, and the employer shall, without delay, give a copy of it to the work place committee or health and safety representative. (3) If the appeals officer issues a direction under paragraph (1)(b), the employer shall, without delay, affix or cause to be affixed to or near the machine, thing or place in respect of which the direction is issued a notice of the direction, in the form and containing the information that the appeals officer may specify, and no person may remove the notice unless authorized to do so by the appeals officer. (4) If the appeals officer directs, under paragraph (1)(b), that a machine, thing or place not be used or an activity not be performed until the direction is complied with, no person may use the machine, thing or place or perform the activity until the direction is complied with, but nothing in this subsection prevents the doing of anything necessary for the proper compliance with the direction. 146.2 For the purposes of a proceeding under subsection 146.1(1), an appeals officer may
Decision final 146.3 An appeals officer's decision is final and shall not be questioned or reviewed in any court. No review by certiorari, etc. 146.4 No order may be made, process entered or proceeding taken in any court, whether by way of injunction, certiorari, prohibition, quo warranto or otherwise, to question, review, prohibit or restrain an appeals officer in any proceeding under this Part. Wages 146.5 An employee who is a party to a proceeding under subsection 146.1(1) and who attends at the proceeding, or any employee who has been summoned by an appeals officer to attend at such a proceeding and who attends, is entitled to be paid by the employer at the employee's regular rate of wages for the time spent at the proceeding that would otherwise have been time at work. General prohibition re employer 147. No employer shall dismiss, suspend, lay off or demote an employee, impose a financial or other penalty on an employee, or refuse to pay an employee remuneration in respect of any period that the employee would, but for the exercise of the employee's rights under this Part, have worked, or take any disciplinary action against or threaten to take any such action against an employee because the employee
Abuse of rights 147.1 (1) An employer may, after all the investigations and appeals have been exhausted by the employee who has exercised rights under sections 128 and 129, take disciplinary action against the employee who the employer can demonstrate has wilfully abused those rights. Written reasons (2) The employer must provide the employee with written reasons for any disciplinary action within fifteen working days after receiving a request from the employee to do so. 148. (1) Subject to this section, every person who contravenes any provision of this Part is guilty of an offence and liable
If death or injury (2) Every person who contravenes a provision of this Part the direct result of which is the death of, serious illness of or serious injury to an employee is guilty of an offence and liable
(3) Every person who wilfully contravenes a provision of this Part knowing that the contravention is likely to cause the death of, serious illness of or serious injury to an employee is guilty of an offence and liable
Defence (4) On a prosecution of a person for a contravention of any provision of this Part, except paragraphs 125(1)(c), (z.10) and (z. 11), it is a defence for the person to prove that the person exercised due care and diligence to avoid the contravention. However, no person is liable to imprisonment on conviction for an offence under any of paragraphs 125(1)(c), (z. 10) and (z.11). Presumption (5) For the purposes of this section, if regulations are made under subsection 157(1.1) in relation to health or safety matters referred to in a paragraph of any sections 125 to 126 by which a standard or other thing is to be prescribed, that standard or other thing is deemed to be prescribed within the meaning of that paragraph. Minister's consent required 149. (1) No proceeding in respect of an offence under this Part may be instituted except with the consent of the Minister or a person designated by the Minister. Officers and senior officials, etc. (2) If a corporation or a department or other portion of the public service of Canada to which this Part applies commits an offence under this Part, any of the following persons who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and liable on conviction to the punishment provided for the offence, whether or not the corporation, department or portion of the public service has been prosecuted or convicted:
Evidence of direction (3) On any prosecution for an offence under this Part, a copy of a direction purporting to have been made under this Part and purporting to have been signed by the person authorized under this Part to make the direction is evidence of the direction without proof of the signature or authority of the person by whom it purports to be signed. Limitation period (4) Proceedings in respect of an offence under this Part may be instituted at any time within but not later than one year after the time when the subject-matter of the proceedings arose. Venue 150. A complaint or information in respect of an offence under this Part may be heard, tried and determined by a magistrate or justice if the accused is resident or carrying on business within the territorial jurisdiction of the magistrate or justice, notwithstanding that the matter of the complaint or information did not arise in that territorial jurisdiction. Information 151. In any proceedings in respect of an offence under this Part, an information may include more than one offence committed by the same person and all those offences may be tried concurrently and one conviction for any or all such offences may be made. Injunction proceedings 152. The Minister may apply or cause an application to be made to a judge of a superior court or the Federal Court-Trial Division for an order enjoining any person from contravening a provision of this Part, whether or not a prosecution has been instituted for an offence under this Part, or enjoining any person from continuing any act or default for which the person was convicted of an offence under this Part. Injunction 153. The judge of a court to whom an application under section 152 is made may, in the judge's discretion, make the order applied for under that section and the order may be entered and enforced in the same manner as any other order or judgment of that court. Imprisonment precluded in certain cases 154. (1) If a person is convicted of an offence under this Part on proceedings by way of summary conviction, no imprisonment may be imposed in default of payment of any fine imposed as punishment. Recovery of fines (2) Where a person is convicted of an offence under this Part and the fine that is imposed is not paid when required, the prosecutor may, by filing the conviction, enter as a judgment the amount of the fine and costs, if any, in a superior court of the province in which the trial was held, and the judgment is enforceable against the person in the same manner as if it were a judgment rendered against the person in that court in civil proceedings. Notice to provide information 155. (1) Where a person is required to provide information for the purposes of this Part, the Minister may require the information to be provided by a notice to that effect served personally or sent by registered mail addressed to the latest known address of the person, and the person shall comply with the notice within such reasonable time as is specified therein. Proof of failure to provide information (2) A certificate purporting to be signed by the Minister or by a person authorized by the Minister,
is evidence of the facts set out therein without proof of the signature or official character of the person by whom the certificate purports to be signed. Powers of the Canada Labour Relations Board Complaint to Board 156. (1) Despite subsection 14(1), the Chairperson or a Vice-Chairperson of the Board, or a member of the Board appointed under paragraph 9(2)(e), may dispose of any complaint made to the Board under this Part and, in relation to any complaint so made, that person
Application of Part I provisions (2) The provisions of Part I respecting orders and decisions of and proceedings before the Board under that Part apply in respect of all orders and decisions of and proceedings before the Board or any member thereof under this Part. Fees for services, etc. 156.1 (1) The Governor in Council may, on the recommendation of the Treasury Board, fix the fees to be paid for services, facilities and products provided by the Minister under this Part or withing the purpose of this Part. Amount not to exceed cost (2) Fees fixed under subsection (1) may not exceed the costs to Her Majesty in right of Canada in respect of those items or matters. Regulations 157. (1) Subject to this section, the Governor in Council may make regulations
(1.1) Where the Governor in Council is of the opinion that a regulation cannot appropriately be made by prescribing a standard or other thing that by a paragraph of sections 125 to 126 is to be prescribed, the Governor in Council may make regulations in relation to the safety and health matters referred to in that paragraph in such manner as the Governor in Council considers appropriate in the circumstances, whether or not the opinion of the Governor in Council is indicated at the time the regulations are made. (3) Regulations of the Governor in Council under subsection (1) or (1.1) in respect of occupational safety and health of employees employed.
Regulations general or specific (4) Regulations made under this section may be made applicable to all employment to which this Part applies, to one or more classes of such employment or to such employment in one or more work places. Incorporation of standards (5) Regulations made under this section incorporating a standard by reference may incorporate the standard as enacted or adopted at a certain date, as amended to a certain date or as amended from time to time. Compliance with standards (6) Regulations made under this section that prescribe or incorporate a standard but that require the standard to be complied with only to the extent that compliance is practicable or reasonably practicable in circumstances governed by the standard may require the employer to report to a safety officer the reason that full compliance is not practicable or reasonably practicable in particular circumstances. Provincial Crown corporations 158. The Governor in Council may by regulation direct that this Part applies in respect of any employment, or any class or classes of employment, on or in connection with a federal work, undertaking or business set out in the regulation that is, or is part of, a corporation that is an agent of Her Majesty in right of a province, including a corporation whose activities are regulated, in whole or in part, under the Atomic Energy Control Act. Exclusion from application 159. (1) The Governor in Council may by regulation exclude, in whole or in part, from the application of any of the provisions of this Part any employment, or any class or classes of employment, on or in connection with a work or undertaking set out in the regulation whose activities are regulated, in whole or in part, pursuant to the Atomic Energy Control Act. Regulations (2) On the recommendation of the Minister after consultation with the Atomic Energy Control Board, the Governor in Council may make regulations relating to occupational safety and health in relation to employment that is subject to a regulation made pursuant to subsection (1). Application of certain provisions 160. Subsections 121.2(3) to (8) apply, with such modifications as the circumstances require, in respect of a regulation made pursuant to subsection 159(2) except that the references to "subsection (2)" in subsections 121.2(3) to (6) shall be read as references to subsection 159(2). Proceedings Proceedings commenced under section 130, 133 or 146 of the Canada Labour Code and not finally disposed of before the coming into force of this section shall be dealth with and disposed of in accordance with that Act as if this Act had not come into force. Established by the Revised Statutes of Canada, 1985.CHAPTER L-2.
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