Safety and Health Committees and Representatives Regulations

SOR/86-305

CANADA LABOUR CODE

Registration 1986-03-13

Regulations Respecting Safety and Health Committees and Safety and Health Representatives

P.C. 1986-617 1986-03-13

Her Excellency the Governor General in Council, on the recommendation of the Minister of Labour, pursuant to subsections 92(11)Footnote * and 93(7)Footnote * of the Canada Labour Code, is pleased hereby to revoke the Safety and Health Committee Regulations, made by Order in Council P.C. 1978-2119 of June 29, 1978Footnote **, and to make the annexed Regulations respecting safety and health committees and safety and health representatives, in substitution therefor, effective March 31, 1986.

SHORT TITLE

 These Regulations may be cited as the Safety and Health Committees and Representatives Regulations.

  • SOR/89-480, s. 2(F).

PART ISAFETY AND HEALTH COMMITTEES

Interpretation

[SOR/95-438, s. 2(F)]

 In this Part,

“Act”

“Act” means Part II of the Canada Labour Code. (Loi)

“regional office”

“regional office”[Repealed, SOR/89-480, s. 3]

  • SOR/89-480, s. 3;
  • SOR/95-438, s. 3(F).

Selection of Members

 The employer shall select the member or members of a safety and health committee to represent him from among persons who exercise managerial functions.

  • SOR/89-480, s. 4(F).

 Where any employees at a work place are not represented by a trade union, those employees shall select, by majority vote, the member or members of the safety and health committee to represent them.

  • SOR/89-480, s. 4(F).

Chairmen

  •  (1) A safety and health committee shall have two chairmen selected from among the members of the committee, one being selected by the representatives of the employees and the other by the representatives of the employer.

  • (2) The chairmen referred to in subsection (1) shall act alternately for such period of time as the safety and health committee specifies in its rules of procedure.

  • SOR/89-480, s. 4(F).

Reselection of Members

 A person may be selected as a member of a safety and health committee for more than one term.

  • SOR/89-480, s. 4(F).

Vacancy of Office

 Where a member of a safety and health committee resigns or ceases to be a member for any other reason, the vacancy shall be filled within 30 days after the next regular meeting of the committee.

  • SOR/89-480, s. 4(F).

Quorum

 The quorum of a safety and health committee shall consist of the majority of the members of the committee, of which at least half are representatives of the employees and at least one is a representative of the employer.

  • SOR/89-480, s. 4(F).

Minutes

  •  (1) The minutes of each safety and health committee meeting shall be signed by the two chairmen referred to in subsection 5(1).

  • (2) The chairman selected by the representatives of the employer shall provide, as soon as possible after each safety and health committee meeting, a copy of the minutes referred to in subsection (1) to the employer and to each member of the safety and health committee.

  • (3) The employer shall, as soon as possible after receiving a copy of the minutes referred to in subsection (2), post a copy of the minutes in the conspicuous place or places in which the employer has posted the information referred to in subsection 135(5) of the Act and keep the copy posted there for one month.

  • (4) A copy of the minutes referred to in subsection (1) shall be kept by the employer at the work place to which it applies or at the head office of the employer for a period of two years from the day on which the safety and health committee meeting is held in such a manner that it is readily available for examination by a safety officer.

  • SOR/89-480, s. 5;
  • SOR/95-438, s. 4(F).

Annual Report

 The chairman selected by the representatives of the employer shall

  • (a) not later than March 1 in each year, submit a report of the safety and health committee’s activities during the 12-month period ending on December 31 of the preceding year, signed by both chairmen referred to in subsection 5(1), in the form set out in the schedule and containing the information required by that form, where the safety and health committee is established

    • (i) in respect of employees to whom the On Board Trains Occupational Safety and Health Regulations apply, to the regional safety officer of the Department of Transport (Railway Safety), Ottawa, Ontario, KlA 0N5,

    • (ii) in respect of employees to whom the Marine Occupational Safety and Health Regulations apply, to the regional safety officer at the regional office of the Department of Transport (Marine) for the administrative region of that Department in which the employees are based,

    • (iii) in respect of employees to whom the Aviation Occupational Safety and Health Regulations apply, to the regional safety officer at the regional office of the Department of Transport (Aviation) for the administrative region of that Department in which the employees are based,

    • (iv) in respect of employees to whom the Oil and Gas Occupational Safety and Health Regulations apply, to the regional safety officer at the office of the National Energy Board for the administrative region in which the work place of those employees is situated, and

    • (v) in respect of employees to whom the Canada Occupational Safety and Health Regulations apply, to a regional safety officer; and

  • (b) as soon as possible after submitting the report referred to in paragraph (a), post a copy of the report in the conspicuous place or places in which the employer has posted the information referred to in subsection 135(5) of the Act and keep the copy posted there for two months.

  • SOR/89-480, s. 5;
  • SOR/95-438, s. 5.

PART IISAFETY AND HEALTH REPRESENTATIVES

[SOR/95-438, s. 6(F)]

Selection of Representatives

 Where none of the employees at a work place are represented by a trade union, those employees shall select, by majority vote, the safety and health representative for that work place.

  • SOR/95-438, s. 7(F).

Term of Office

 The term of office of a safety and health representative shall be not more than two years.

  • SOR/95-438, s. 7(F).

Reselection of Representatives

 A person may be selected as a safety and health representative for more than one term.

  • SOR/95-438, s. 7(F).

Vacancy of Office

 Where a safety and health representative resigns or ceases to be a representative for any other reason, the vacancy shall be filled within 30 days after he resigns or ceases to be the representative.

  • SOR/95-438, s. 7(F).

SCHEDULE(s. 10)

FORM: SAFETY AND HEALTH COMMITTEE REPORT

GRAPHIC IS NOT DISPLAYED, SEE SOR/89-480, S. 6

  • SOR/89-480, s. 6.

AMENDMENTS NOT IN FORCE

  • — SOR/2014-148, s. 13

    • 13. Subsection 9(4) of the Safety and Health Committees and Representatives RegulationsFootnote 2 is replaced by the following:

      • (4) A copy of the minutes referred to in subsection (1) shall be kept by the employer at the work place to which it applies or at the head office of the employer for a period of two years after the day on which the safety and health committee meeting is held in such a manner that it is readily available for examination by the Minister.

  • — SOR/2014-148, s. 14

    • 14. Paragraph 10(a) of the Regulations is replaced by the following:

      • (a) not later than March 1 in each year, submit to the Minister a report of the safety and health committee’s activities during the 12-month period ending on December 31 of the preceding year, signed by both chairmen referred to in subsection 5(1), in the form set out in the schedule and containing the information required by that form; and