Marginal note:2000, c. 20, s. 14

190. Section 140 of the Act and the heading before it are replaced by the following:

Marginal note:2000, c. 20, s. 14

• 191. (1) The portion of subsection 141(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Accessory powers

  • 141. (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

• Marginal note:2000, c. 20, s. 14

  (2) Paragraph 141(1)(c) of the English version of the Act is replaced by the following:

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

• Marginal note:2000, c. 20, s. 14

  (3) Paragraphs 141(1)(f) to (j) of the English version of the Act are replaced by the following:

  • (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

• Marginal note:2000, c. 20, s. 14

  (4) Subsection 141(2) of the Act is replaced by the following:

  • 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:2000, c. 20, s. 14

  (5) Subsection 141(3) of the English version of the Act is replaced by the following:

  • 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:2000, c. 20, s. 14

  (6) Subsections 141(4) to (9) of the Act are replaced by the following:

  • 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.

Marginal note:2000, c. 20, s. 14

• 192. (1) The portion of subsection 141.1(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Inspections

  • 141.1 (1) If the Minister conducts an inspection of the work place at the work place, it shall be done in the presence of

• Marginal note:2000, c. 20, s. 14

  (2) Paragraphs 141.1(1)(a) and (b) of the French version of the Act are replaced by the following:

  • a) soit de deux membres du comité local, l’un ayant été désigné par les employés ou en leur nom et l’autre par l’employeur;

  • b) soit du représentant et d’une personne désignée par l’employeur.

• Marginal note:2000, c. 20, s. 14

  (3) Subsection 141.1(2) of the Act is replaced by the following:

  • 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.

Marginal note:2000, c. 20, s. 14

193. Sections 142 to 143.1 of the Act are replaced by the following:

Marginal note:2000, c. 20, s. 14

• 194. (1) Subsection 144(1) of the Act is replaced by the following:

  Marginal note:Evidence in civil suits precluded

  • 144. (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 a civil suit with regard to information obtained in exercising those powers or performing those duties or functions, except with the written permission of the Minister.

  • Marginal note:Evidence in civil suits precluded  — Minister

    (1.1) The Minister shall not be required to give testimony in a civil suit 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:2000, c. 20, s. 14

  (2) Subsections 144(3) to (5) of the Act are replaced by the following:

  • 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 paragraph 125.1(d) or (e) of this Act 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 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, publish or disclose the results of an analysis, examination, testing, inquiry, investigation or sampling made or taken under section 141.