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

Act current to 2017-01-31 and last amended on 2016-01-03. Previous Versions

Marginal note:Accessory powers
  •  (1) Subject to section 143.2, the Minister may, in carrying out the Minister’s duties and at any reasonable time, enter any work place controlled by an employer and, in respect of any work place, may

    • (a) conduct examinations, tests, inquiries, investigations and inspections or direct the employer to conduct them;

    • (b) take or remove for analysis, samples of any material or substance or any biological, chemical or physical agent;

    • (c) be accompanied or assisted by any person and bring any equipment that the Minister deems necessary to carry out the Minister’s duties;

    • (d) take or remove, for testing, material or equipment if there is no reasonable alternative to doing so;

    • (e) take photographs and make sketches;

    • (f) direct the employer to ensure that any place or thing specified by the Minister not be disturbed for a reasonable period pending an examination, test, inquiry, investigation or inspection in relation to the place or thing;

    • (g) direct any person not to disturb any place or thing specified by the Minister for a reasonable period pending an examination, test, inquiry, investigation or inspection in relation to the place or thing;

    • (h) direct the employer to produce documents and information relating to the health and safety of the employer’s employees or the safety of the work place and to permit the Minister to examine and make copies of or take extracts from those documents and that information;

    • (i) direct the employer or an employee to make or provide statements, in the form and manner that the Minister may specify, respecting working conditions and material and equipment that affect the health or safety of employees;

    • (j) direct the employer or an employee or a person designated by either of them to accompany the Minister while the Minister is in the work place; and

    • (k) meet with any person in private or, at the request of the person, in the presence of the person’s legal counsel or union representative.

  • Marginal note:Directions whether or not in work place

    (2) The Minister may issue a direction under subsection (1) whether or not the Minister is in the work place at the time the direction is issued.

  • Marginal note:Return of material and equipment

    (3) On request by the person from whom material or equipment was taken or removed for testing under paragraph (1)(d), the Minister shall return that material or equipment to the person after testing is completed unless it is required for the purposes of a prosecution under this Part.

  • Marginal note:Investigation of deaths

    (4) The Minister 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.

  • Marginal note: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 Minister shall obtain a copy of any police report as soon as possible after the accident.

  • Marginal note:Report

    (6) Within 10 days after completing a written report on the findings of an inquiry or investigation, the Minister shall provide the employer and the work place committee or the health and safety representative with a copy of the report.

  • (7) to (9) [Repealed, 2013, c. 40, s. 191]

  • R.S., 1985, c. L-2, s. 141;
  • R.S., 1985, c. 9 (1st Supp.), s. 4;
  • 2000, c. 20, s. 14;
  • 2013, c. 40, s. 191.
Marginal note:Inspections
  •  (1) If the Minister conducts an inspection of the work place at the work place, it shall be done in the presence of

    • (a) an employee member and an employer member of the work place committee; or

    • (b) the health and safety representative and a person designated by the employer.

  • Marginal note:Inspection not to be delayed

    (2) The Minister may proceed with an inspection in the absence of any person mentioned in subsection (1) if that person chooses not to be present.

  • 2000, c. 20, s. 14;
  • 2013, c. 40, s. 192.

General Matters

Marginal note:Duty to assist

 The person in charge of a work place and every person employed at, or in connection with, a work place shall give all reasonable assistance to

  • (a) every appeals officer and the Minister to enable them to carry out their duties under this Part; and

  • (b) every person to whom powers, duties or functions have been delegated under subsection 140(1), or under an agreement entered into under subsection 140(2), who is exercising those powers or performing those duties or functions.

  • R.S., 1985, c. L-2, s. 142;
  • R.S., 1985, c. 9 (1st Supp.), s. 4;
  • 2000, c. 20, s. 14;
  • 2013, c. 40, s. 193.
Marginal note:Obstruction and false statements

 No person shall obstruct or hinder, or make a false or misleading statement either orally or in writing to

  • (a) an appeals officer or the Minister engaged in carrying out their duties under this Part; or

  • (b) any person to whom powers, duties or functions have been delegated under subsection 140(1), or under an agreement entered into under subsection 140(2), who is exercising those powers or performing those duties or functions.

  • R.S., 1985, c. L-2, s. 143;
  • R.S., 1985, c. 9 (1st Supp.), s. 4;
  • 2000, c. 20, s. 14;
  • 2013, c. 40, s. 193.
Marginal note:Provision of information

 No person shall prevent an employee from providing information to

  • (a) an appeals officer or the Minister engaged in carrying out their duties under this Part; or

  • (b) any person to whom powers, duties or functions have been delegated under subsection 140(1), or under an agreement entered into under subsection 140(2), who is exercising those powers or performing those duties or functions.

  • 2000, c. 20, s. 14;
  • 2013, c. 40, s. 193.
Marginal note:Permission required for access to residence

 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.

  • 2000, c. 20, s. 14.
Marginal note:Evidence in civil or administrative proceedings precluded
  •  (1) No person to whom powers, duties or functions have been delegated under subsection 140(1), or under an agreement entered into under subsection 140(2), and no person who has accompanied or assisted that person in exercising those powers or performing those duties or functions may be required to give testimony in civil or administrative proceedings, other than proceedings under this Part, with regard to information obtained in exercising those powers or performing those duties or functions, except with the written permission of the Minister, in which case subsection (5) does not apply to restrict the disclosure of the information.

  • Marginal note:Evidence in civil or administrative proceedings precluded — Minister

    (1.1) The Minister shall not be required to give testimony in civil or administrative proceedings, other than proceedings under this Part, with regard to information obtained in the exercise of powers or the performance of duties or functions the Minister is authorized to exercise or perform under this Part, except for those powers, duties or functions that shall not be the subject of an agreement entered into under subsection 140(2).

  • Marginal note:Appeals officer

    (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.

  • Marginal note:Non-disclosure of information

    (3) Subject to subsection (4), none of the Minister, an appeals officer who is admitted to a work place under the powers conferred by section 141 and a person who is admitted to a work place under the powers conferred by section 141 that are delegated to them under subsection 140(1), or under an agreement entered into under subsection 140(2), and no person accompanying them, shall disclose to any person any information obtained in the work place by the Minister, officer or person with regard to any secret process or trade secret, except for the purposes of this Part or as required by law.

  • Marginal note:Privileged information

    (4) All information that, under the Hazardous Materials Information Review Act, an employer is exempt from disclosing under this Act or the Hazardous Products Act and that is obtained in a work place under section 141 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.

  • Marginal note: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 or unless the Minister is satisfied that the publication or disclosure is in the interest of occupational health and safety or the public interest, publish or disclose any information obtained as a result of activities carried out under section 141.

  • Marginal note:Factors Minister may consider

    (5.01) Situations in which the Minister may be so satisfied include, but are not limited to, situations in which the publication or disclosure is for the purposes of a coroner’s inquiry, the administration or enforcement of a federal or provincial law or the administration of a foreign law or international agreement.

  • Marginal note:Personal information

    (5.1) If the information referred to in subsection (5) is information within the meaning of Part 4 of the Department of Employment and Social Development Act, the disclosure of that information is governed by Part 4 of that Act.

  • Marginal note:Confidential communication

    (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.

  • R.S., 1985, c. L-2, s. 144;
  • R.S., 1985, c. 9 (1st Supp.), s. 4, c. 24 (3rd Supp.), s. 6;
  • 2000, c. 20, s. 14;
  • 2005, c. 34, s. 62;
  • 2013, c. 40, ss. 194, 236;
  • 2014, c. 13, ss. 94, 120, c. 20, ss. 142, 160.
 
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