Marginal note:2000, c. 20, s. 10

• 182. (1) Subsection 129(1) of the Act is replaced by the following:

  Marginal note:Minister’s investigation

  • 129. (1) If the Minister is informed of the employer’s decision and the continued refusal under subsection 128(16), the Minister shall investigate the matter unless the Minister is of the opinion that

    • (a) the matter is one that could more appropriately be dealt with, initially or completely, by means of a procedure provided for under Part I or III or under another Act of Parliament;

    • (b) the matter is trivial, frivolous or vexatious; or

    • (c) the continued refusal by the employee under 128(15) is in bad faith.

  • Marginal note:Notices of decision not to investigate

    (1.1) If the Minister does not proceed with an investigation, the Minister shall inform the employer and the employee in writing, as soon as feasible, of that decision. The employer shall then inform in writing, as the case may be, the members of the work place committee who were designated under subsection 128(10) or the health and safety representative and the person who is designated by the employer under that subsection of the Minister’s decision.

  • Marginal note:Return to work

    (1.2) On being informed of the Minister’s decision not to proceed with an investigation, the employee is no longer entitled to continue their refusal under subsection 128(15).

  • Marginal note:Refusal of work during investigation

    (1.3) If the Minister proceeds with an investigation, the employee may continue to refuse, for the duration of the investigation, to use or operate the machine or thing, to work in the place or to perform the activity that may constitute a danger.

  • Marginal note:Persons present during the investigation

    (1.4) If the Minister proceeds with an investigation, the Minister may do so in the presence of the employer, the employee and one other person who is

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

    • (b) the health and safety representative; or

    • (c) if a person mentioned in paragraph (a) or (b) is not available, another employee from the work place who is designated by the employee.

• Marginal note:2000, c. 20, s. 10

  (2) Subsection 129(2) of the French version of the Act is replaced by the following:

  • Marginal note:Rapports multiples

    (2) Si l’enquête touche plusieurs employés, ceux-ci peuvent désigner l’un d’entre eux pour agir en leur nom dans le cadre de l’enquête.

• Marginal note:2000, c. 20, s. 10

  (3) Subsections 129(3) and (4) of the Act are replaced by the following:

  • Marginal note:Absence of any person

    (3) The Minister may proceed with an investigation in the absence of any person mentioned in subsection (1.4) or (2) if that person chooses not to be present.

  • Marginal note:Precedent

    (3.1) During the Minister’s investigation, the Minister shall verify if there are previous or ongoing investigations in relation to the same employer that involve substantially the same issues and may

    • (a) if there was a previous investigation, rely on the findings of that investigation to decide whether a danger exists; or

    • (b) if there is an ongoing investigation, combine that investigation with the investigation the Minister is conducting and issue a single decision.

  • Marginal note:Decision of Minister

    (4) The Minister shall, on completion of an investigation made under subsection (1), make one of the decisions referred to in paragraphs 128(13)(a) to (c) and shall immediately give written notification of the decision to the employer and the employee.

• Marginal note:2000, c. 20, s. 10

  (4) The portion of subsection 129(5) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Continuation of work

    (5) If the employee has exercised their right under subsection (1.3), the employer may, during the investigation and until the Minister has issued a decision, require that the employee concerned remain at a safe location near the place in respect of which the investigation is being made or assign the employee reasonable alternative work, and shall not assign any other employee to use or operate the machine or thing, work in that place or perform the activity referred to in subsection (1) unless

• Marginal note:2000, c. 20, s. 10

  (5) Subsections 129(6) and (7) of the Act are replaced by the following:

  • Marginal note:Directions by Minister

    (6) If the Minister makes a decision referred to in paragraph 128(13)(a), the Minister shall issue the directions under subsection 145(2) that the Minister considers appropriate, and an employee may continue to refuse to use or operate the machine or thing, work in that place or perform that activity until the directions are complied with or until they are varied or rescinded under this Part.

  • Marginal note:Appeal

    (7) If the Minister makes a decision referred to in paragraph 128(13) (b) or (c), the employee is not entitled under section 128 or this section to continue to refuse to use or operate the machine or thing, work in that place or perform that activity, but the employee, or a person designated by the employee for the purpose, may appeal the decision, in writing, to an appeals officer within 10 days after receiving notice of the decision.

Marginal note:2000, c. 20, s. 10

183. Subsection 133(3) of the Act is replaced by the following:

Marginal note:2000, c. 20, s. 10

184. Paragraph 134.1(4)(f) of the Act is replaced by the following:

Marginal note:2000, c. 20, s. 10

• 185. (1) The portion of subsection 135(6) of the Act before paragraph (b) is replaced by the following:

  • Marginal note:Exemption if collective agreement

    (6) If, under a collective agreement or any other agreement between an employer and the employer’s employees, a committee of persons has been appointed and the committee has, in the opinion of the Minister, a responsibility for matters relating to health and safety in the work place to such an extent that a work place committee established under subsection (1) for that work place would not be necessary,

    • (a) the Minister may, in writing, exempt the employer from the requirements of subsection (1) in respect of that work place;

• Marginal note:2000, c. 20, s. 10

  (2) Paragraph 135(7)(h) of the Act is replaced by the following:

  • (h) shall cooperate with the Minister;

Marginal note:2000, c. 20, s. 10

• 186. (1) Subsection 135.1(4) of the Act is replaced by the following:

  • Marginal note:Notification

    (4) If a trade union fails to select a person under subparagraph (1)(b)(ii), the Minister may notify in writing the local branch of the trade union, and shall send a copy of any such notification to the trade union’s national or international headquarters and to the employer, indicating that the committee is not established until a person is selected in accordance with that subparagraph.

• Marginal note:2000, c. 20, s. 10

  (2) Subsection 135.1(9) of the Act is replaced by the following:

  • Marginal note:Records

    (9) A committee shall ensure that accurate records are kept of all of the matters that come before it and that minutes are kept of its meetings. The committee shall make the minutes and records available to the Minister at the Minister’s request.

Marginal note:2000, c. 20, s. 10

• 187. (1) Subsection 136(3) of the Act is replaced by the following:

  • Marginal note:Notification

    (3) If a trade union fails to select a person under subsection (2), the Minister may so notify in writing the local branch of the trade union. The Minister shall send a copy of the notification to the trade union’s national or international headquarters and to the employer.

• Marginal note:2000, c. 20, s. 10

  (2) Paragraph 136(5)(h) of the Act is replaced by the following:

  • (h) shall cooperate with the Minister;

Marginal note:2000, c. 20, s. 10

188. Section 137 of the Act is replaced by the following:

Marginal note:2000, c. 20, s. 11(1)

189. Subsection 137.1(5) of the Act is replaced by the following: