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

Marginal note:Inspections

• 141.1 (1) A health and safety officer shall conduct an inspection of the work place 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) 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.

Marginal note:Duty to assist officer

142. The person in charge of a 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.

Marginal note: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.

Marginal note:Provision of information

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.

Marginal note:Permission required for 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.

Marginal note: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 the carrying out of those duties or in accompanying or assisting the officer, except with the written permission of the Minister.

• 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), no appeals officer or health and safety officer who is admitted to a work place under 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.

• Marginal note:Privileged information

  (4) All information that, under 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.

• 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, publish or disclose the results of an 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.

• Marginal note:Personal information

  (5.1) If the results referred to in subsection (5) contain information within the meaning of Part 4 of the Department of Human Resources and Skills 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.