Canada Labour Code (R.S.C., 1985, c. L-2)

Act current to 2017-06-19 and last amended on 2017-06-19. Previous Versions

Marginal note:Non-application of Statutory Instruments Act

 Subsection 5(1) of the Statutory Instruments Act does not apply to a regulation made pursuant to section 121.1 or 121.2.

  • 1996, c. 12, s. 1.

Definition of regulation

  •  (1) In this section, regulation means a regulation made under subsection 121.2(2).

  • Marginal note:Bargaining agents

    (2) A bargaining agent that represents a bargaining unit immediately before the time when a regulation is made to which the employees in the bargaining unit are subject continues, at that time, to represent the bargaining unit for the purposes of the application of the regulation.

  • Marginal note:Collective agreements continued

    (3) Every collective agreement that is in force immediately before the time when a regulation is made that applies to employees who are subject to the collective agreement continues in force, at that time, under the regulation until its term expires.

  • Marginal note:Notice to bargain

    (4) A notice to bargain given under this Part is deemed, at the time when a regulation is made to which the employees who are affected by the notice to bargain are subject, to have been given pursuant to the regulation on the day on which it was given.

  • Marginal note:Acquired rights, etc.

    (5) Any rights, privileges or duties acquired under this Part by the bargaining unit, bargaining agent, employer or employees before the time when a regulation is made are deemed to have been acquired pursuant to the regulation on the day on which they were acquired.

  • Marginal note:Decisions

    (6) A person or authority that, under an Act of the legislature of a province, is competent to decide a matter that is contemplated by this section in relation to a provision of an Act of the legislature of a province or an instrument made under such an Act may, on application by the employer or bargaining agent or, where the person or authority considers it appropriate, an employee, decide any matter that is contemplated by this section in relation to a regulation incorporating that provision.

  • 1996, c. 12, s. 1.
Marginal note:Regulations

 Notwithstanding section 121.4, the Governor in Council may make regulations respecting any matter referred to in that section in relation to a regulation made under subsection 121.2(2).

  • 1996, c. 12, s. 1.

PART IIOccupational Health and Safety

Interpretation

Marginal note:Definitions
  •  (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; (agent d’appel)

    Board

    Conseil

    Board means the Canada Industrial Relations Board established by section 9; (Conseil)

    collective agreement

    convention collective

    collective agreement has the same meaning as in section 166; (convention collective)

    danger

    danger

    danger means any hazard, condition or activity that could reasonably be expected to be an imminent or serious threat to the life or health of a person exposed to it before the hazard or condition can be corrected or the activity altered; (danger)

    employee

    employé

    employee means a person employed by an employer; (employé)

    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; (employeur)

    hazardous substance

    substance dangereuse

    hazardous substance includes a hazardous 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; (substance dangereuse)

    health and safety officer

    health and safety officer[Repealed, 2013, c. 40, s. 176]

    health and safety representative

    représentant

    health and safety representative means a person who is appointed as a health and safety representative under section 136; (représentant)

    policy committee

    comité d’orientation

    policy committee means a policy health and safety committee established under section 134.1; (comité d’orientation)

    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; (règlement)

    regional health and safety officer

    regional health and safety officer[Repealed, 2013, c. 40, s. 176]

    regional safety officer

    regional safety officer[Repealed, 2000, c. 20, s. 2]

    safety

    sécurité

    safety means protection from danger and hazards arising out of, linked with or occurring in the course of employment; (sécurité)

    safety and health committee

    safety and health committee[Repealed, 2000, c. 20, s. 2]

    safety and health representative

    safety and health representative[Repealed, 2000, c. 20, s. 2]

    safety officer

    safety officer[Repealed, 2000, c. 20, s. 2]

    work place

    lieu de travail

    work place means any place where an employee is engaged in work for the employee’s employer; (lieu de travail)

    work place committee

    comité local

    work place committee means a work place health and safety committee established under section 135. (comité local)

  • Marginal note:Definitions

    (2) In this Part, hazardous product, label and safety data sheet have the same meanings as in section 2 of the Hazardous Products Act.

  • Marginal note:Idem

    (3) Except where otherwise provided in this Part, all other words and expressions have the same meanings as in Part I.

  • R.S., 1985, c. L-2, s. 122;
  • R.S., 1985, c. 9 (1st Supp.), s. 1, c. 24 (3rd Supp.), s. 3;
  • 1993, c. 42, s. 3;
  • 1998, c. 26, s. 55;
  • 2000, c. 20, s. 2;
  • 2013, c. 40, s. 176;
  • 2014, c. 20, s. 139.

Purpose of Part

Marginal note:Purpose of Part

 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.

  • R.S., 1985, c. 9 (1st Supp.), s. 1.
Marginal note:Preventive measures

 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.

  • 2000, c. 20, s. 3.

Methods of Communication

Marginal note:Rights of employees
  •  (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.

  • 2000, c. 20, s. 3.
 
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