PART IIndustrial Relations (continued)
DIVISION VIIGeneral (continued)
Application of Provincial Laws (continued)
Marginal note:Exclusion from application
121.2 (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 Nuclear Safety and Control Act.
(2) On the recommendation of the Minister, the Governor in Council may make regulations respecting any matter relating to industrial relations, including the prevention of a work stoppage or the continuation or resumption of operations, in relation to employment that is subject to a regulation made pursuant to subsection (1).
Marginal note:Incorporation of provincial law
(3) A regulation made under subsection (2) incorporating by reference, in whole or in part, an Act of the legislature of a province or an instrument made under such an Act may incorporate the Act or instrument as amended to a certain date or from time to time.
Marginal note:Application of regulation
(4) A regulation made under subsection (2) may apply
(a) generally, with respect to all employment that is subject to a regulation made pursuant to subsection (1); or
(b) to any class or classes of employment that are subject to a regulation made pursuant to subsection (1).
Marginal note:Administration and enforcement
(5) A regulation made under subsection (2) incorporating an Act or instrument shall, after consultation by the Minister with the appropriate provincial minister, be administered and enforced by the person or authority that is responsible for the administration and enforcement of the Act or instrument.
Marginal note:Offence and penalty
(6) Subject to subsection (7), every person who contravenes a regulation made under subsection (2) by contravening a provision of an Act of the legislature of a province that, or an instrument made under such an Act that, is incorporated by the regulation is guilty of an offence against this Act and liable to the same punishment as is imposed by or under an Act of that legislature for the contravention of that provision.
(7) No person may be convicted of an offence or subjected to a punishment for a contravention described in subsection (6) unless it is proved that, at the time of the alleged contravention,
(a) the incorporated Act or instrument was reasonably accessible to the person;
(b) reasonable steps had been taken to ensure that the incorporated Act or instrument was accessible to persons likely to be affected by the regulation; or
(c) the incorporated Act or instrument had been published in the official gazette of the province or as otherwise authorized by the legislature of the province.
(8) The prosecution of a contravention described in subsection (6) shall be commenced by the attorney general of the province in which the offence was committed.
- 1996, c. 12, s. 1
- 1997, c. 9, s. 125
Marginal note:Non-application of Statutory Instruments Act
- 1996, c. 12, s. 1
Definition of regulation
121.4 (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.
(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
121.5 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
122 (1) In this Part,
- appeals officer
appeals officer[Repealed, 2017, c. 20, s. 338]
Board[Repealed, 2017, c. 20, s. 338]
- collective agreement
collective agreement has the same meaning as in section 166; (convention collective)
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 means a person employed by an employer; (employé)
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)
- harassment and violence
harassment and violence means any action, conduct or comment, including of a sexual nature, that can reasonably be expected to cause offence, humiliation or other physical or psychological injury or illness to an employee, including any prescribed action, conduct or comment; (harcèlement et violence)
- hazardous substance
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
health and safety representative means a person who is appointed as a health and safety representative under section 136; (représentant)
- policy committee
policy committee means a policy health and safety committee established under section 134.1; (comité d’orientation)
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 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
work place means any place where an employee is engaged in work for the employee’s employer; (lieu de travail)
- work place committee
work place committee means a work place health and safety committee established under section 135. (comité local)
(2) In this Part, hazardous product, label and safety data sheet have the same meanings as in section 2 of 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.
Purpose of Part
Marginal note:Prevention of accidents, injuries and illnesses
122.1 The purpose of this Part is to prevent accidents, occurrences of harassment and violence and physical or psychological injuries and illnesses 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
- 2018, c. 22, s. 1
Marginal note: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.
- 2000, c. 20, s. 3
Marginal note:Head of Compliance and Enforcement
122.21 (1) The Minister may designate a person as Head of Compliance and Enforcement.
Marginal note:No designation made
(2) If no Head is designated under subsection (1), the Minister shall exercise the powers and perform the duties and functions of the Head.
Methods of Communication
Marginal note: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.
- 2000, c. 20, s. 3
Marginal note:Application of Part
123 (1) Notwithstanding any other Act of Parliament or any regulations thereunder, this Part applies to and in respect of employment
(a) on or in connection with the operation of any federal work, undertaking or business other than a work, undertaking or business of a local or private nature in Yukon, the Northwest Territories or Nunavut;
(b) by a corporation established to perform any function or duty on behalf of the Government of Canada; and
(c) by a Canadian carrier, as defined in section 2 of the Telecommunications Act, that is an agent of Her Majesty in right of a province.
Marginal note:Application to federal public administration
(2) This Part applies to the federal public administration and to persons employed in the federal public administration to the extent provided for under Part 3 of the Federal Public Sector Labour Relations Act.
Marginal note:Persons appointed and their employer
(2.1) This Part applies to persons appointed under subsection 128(1) of the Public Service Employment Act, other than persons appointed by a person holding the recognized position of Leader of the Opposition in the Senate or Leader of the Opposition in the House of Commons, and to their employer.
Marginal note:Application to other persons
(3) This Part applies to any person who is not an employee but who performs for an employer to which this Part applies activities whose primary purpose is to enable the person to acquire knowledge or experience, and to the employer, as if that person were an employee of the employer, and every provision of this Part must be read accordingly.
- R.S., 1985, c. L-2, s. 123
- R.S., 1985, c. 9 (1st Supp.), s. 2
- 1993, c. 28, s. 78, c. 38, s. 89
- 2000, c. 20, s. 4
- 2002, c. 7, s. 97(E)
- 2003, c. 22, s. 110
- 2015, c. 36, s. 87
- 2017, c. 9, s. 55
- 2018, c. 22, s. 2
Marginal note:Canadian Human Rights Act
- Date modified: