Budget Implementation Act, 2018, No. 2 (S.C. 2018, c. 27)

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

552 The heading before section 140 of the Act is replaced by the following:

• 553 (1) Section 140 of the Act is amended by adding the following after subsection (1):

  • Marginal note:Delegation — Head

    (1.1) Subject to any terms and conditions specified by the Minister, the Head may delegate to any qualified person or class of persons any of the powers the Head is authorized to exercise or any of the duties or functions the Head is authorized to perform for the purposes of this Part. The Head may make the delegation subject to any terms and conditions that the Head considers appropriate.

• (2) Subsections 140(2) and (3) of the Act are replaced by the following:

  • Marginal note:Agreements — delegating provincial employees

    (2) Subject to subsection (3), the Minister may, with the approval of the Governor in Council, enter into an agreement with any province or any provincial body specifying the terms and conditions under which the Minister may delegate to a person employed by that province or provincial body the powers, duties or functions that the Minister or the Head is authorized to exercise or perform for the purposes of this Part.

  • Marginal note:Exception

    (3) The powers, duties or functions provided for in section 130, subsections 135(3), 137.1(1) to (2.1), and (7) to (9), 137.2(4), 138(1) to (2) and (4) to (6), 140(1) to (2) and (4), 144(1) and 149(1), sections 152 and 155 and subsections 156.1(1), 157(3) and 159(2), shall not be the subject of an agreement under subsection (2).

• (3) Subsection 140(5) of the Act is replaced by the following:

  • Marginal note:Certificate of authority — Head

    (4.1) The Head may provide any person to whom powers, duties or functions have been delegated under subsection (1.1), or under an agreement entered into under subsection (2), with a certificate of authority and, when exercising those powers or performing those duties or functions, that person shall show the certificate to any person who asks to see it.

  • Marginal note:Limitation of liability

    (5) A person to whom powers, duties or functions have been delegated under subsection (1) or (1.1), or under an agreement entered into under subsection (2), is not personally liable for anything done or omitted to be done by them in good faith in the actual or purported exercise of those powers or performance of those duties or functions.

• 554 (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 Head may, in carrying out the Head’s duties and at any reasonable time, enter any work place controlled by an employer and, in respect of any work place, may

• (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 Head deems necessary to carry out the Head’s duties;

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

  • (f) direct the employer to ensure that any place or thing specified by the Head 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 Head 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 Head 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 Head 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 Head while the Head, is in the work place; and

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

  • Marginal note:Directions whether or not in work place

    (2) The Head may issue a direction under subsection (1) whether or not the Head is in the work place at the time the direction is issued.

• (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 Head 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.

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

  • Marginal note:Investigation of deaths

    (4) The Head 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 Head 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 Head shall provide the employer and the work place committee or the health and safety representative with a copy of the report.

• 555 (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 Head conducts an inspection of the work place at the work place, it shall be done in the presence of

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

  • Marginal note:Inspection not to be delayed

    (2) The Head may proceed with an inspection in the absence of any person mentioned in subsection (1) if that person chooses not to be present.

• 556 (1) Paragraph 142(a) of the Act is replaced by the following:

  • (a) the Head to enable him or her to exercise his or her powers or to perform his or her duties or functions under this Part;

• (2) Paragraph 142(b) of the Act is replaced by the following:

  • (b) every person to whom powers, duties or functions have been delegated under subsection 140(1) or (1.1), or under an agreement entered into under subsection 140(2), who is exercising those powers or performing those duties or functions.

• 557 (1) Paragraph 143(a) of the Act is replaced by the following:

  • (a) the Head in the exercise of his or her powers, or in the performance of his or her duties or functions, under this Part;

• (2) Paragraph 143(b) of the Act is replaced by the following:

  • (b) any person to whom powers, duties or functions have been delegated under subsection 140(1) or (1.1), or under an agreement entered into under subsection 140(2), who is exercising those powers or performing those duties or functions.

• 558 (1) Paragraph 143.1(a) of the Act is replaced by the following:

  • (a) the Head in the exercise of his or her powers, or in the performance of his or her duties or functions under this Part;

• (2) Paragraph 143.1(b) of the Act is replaced by the following:

  • (b) any person to whom powers, duties or functions have been delegated under subsection 140(1) or (1.1), or under an agreement entered into under subsection 140(2), who is exercising those powers or performing those duties or functions.

• 559 (1) Subsections 144(1) and (1.1) of the Act are replaced by the following:

  Marginal note:Evidence in civil or administrative proceedings precluded

  • 144 (1) No person to whom powers, duties or functions have been delegated under subsection 140(1) or (1.1), 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 civil or administrative proceedings, other than proceedings under this Part, with regard to information obtained in exercising those powers or performing those duties or functions, except with the written permission of the Head, in which case subsection (5) does not apply to restrict the disclosure of the information.

  • Marginal note:Evidence in civil or administrative proceedings precluded — Head

    (1.1) The Head shall not be required to give testimony in civil or administrative proceedings, other than proceedings under this Part, with regard to information obtained in the exercise of powers or the performance of duties or functions the Head 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).

• (2) Subsection 144(3) of the Act is replaced by the following:

  • Marginal note:Non-disclosure of information

    (3) Subject to subsection (4), the Head, an external adjudicator or a member of the Board who is admitted to a work place under the powers conferred by section 141 — or a person who is admitted to a work place under the powers conferred by section 141 that are delegated to them under subsection 140(1.1) or under an agreement entered into under subsection 140(2) — and any person accompanying them, shall not disclose to any person any information obtained in the work place by the Head, external adjudicator or member or person with regard to any secret process or trade secret, except for the purposes of this Part or as required by law.

• (3) Subsections 144(5) and (5.01) of the Act are replaced by the following:

  • 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 or unless the Head is satisfied that the publication or disclosure is in the interest of occupational health and safety or the public interest, publish or disclose any information obtained as a result of activities carried out under section 141.

  • Marginal note:Factors Head may consider

    (5.01) Situations in which the Head may be so satisfied include, but are not limited to, situations in which the publication or disclosure is for the purposes of a coroner’s inquiry, the administration or enforcement of a federal or provincial law or the administration of a foreign law or international agreement.

• 560 (1) The portion of subsection 145(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Direction to terminate contravention

  • 145 (1) If the Head is of the opinion that a provision of this Part is being contravened or has recently been contravened, the Head may direct the employer or employee concerned, or both, to

• (2) Paragraph 145(1)(b) of the English version of the Act is replaced by the following:

  • (b) take steps, as specified by the Head and within the time that the Head may specify, to ensure that the contravention does not continue or re-occur.

• (3) The portion of subsection 145(1.1) of the English version of Act before paragraph (b) is replaced by the following:

  • Marginal note:Confirmation in writing

    (1.1) If the Head has issued a direction orally, the Head shall provide a written version of it

    • (a) before the Head leaves the work place, if the Head was in the work place when the direction was issued; or

• (4) The portion of subsection 145(2) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Dangerous situations — direction to employer

    (2) If the Head considers that the use or operation of a machine or thing, a condition in a place or the performance of an activity constitutes a danger to an employee while at work,

• (5) The portion of paragraph 145(2)(a) of the English version of the Act before subparagraph (i) is replaced by the following:

  • (a) the Head shall notify the employer of the danger and issue directions in writing to the employer directing the employer, immediately or within the period that the Head specifies, to take measures to

• (6) Paragraph 145(2)(b) of the English version of the Act is replaced by the following:

  • (b) the Head may, if the Head considers that the danger or the hazard, condition or activity that constitutes the danger cannot otherwise be corrected, altered or protected against immediately, issue a direction in writing to the employer directing that the place, machine, thing or activity in respect of which the direction is issued not be used, operated or performed, as the case may be, until the Head’s directions are complied with, but nothing in this paragraph prevents the doing of anything necessary for the proper compliance with the direction.

• (7) Subsections 145(2.1) to (4) of the Act are replaced by the following:

  • Marginal note:Dangerous situations  — direction to employee

    (2.1) If the Head considers that the use or operation of a machine or thing by an employee, a condition in a place or the performance of an activity by an employee constitutes a danger to the employee or to another employee, the Head shall, in addition to the directions issued under paragraph (2)(a), issue a direction in writing to the employee to discontinue the use, operation or activity or cease to work in that place until the employer has complied with the directions issued under that paragraph.

  • Marginal note:Posting notice of danger

    (3) If the Head issues a direction under paragraph (2)(a), the Head shall affix or cause to be affixed to or near the place, machine or thing in respect of which the direction is issued, or in the area in which the activity in respect of which the direction is issued is performed, a notice of danger in the form and containing the information that the Head may specify, and no person shall remove the notice unless authorized to do so by the Head.

  • Marginal note:Cessation of use

    (4) If the Head issues a direction under paragraph (2)(b) in respect of a place, machine, thing or activity, the employer shall cause the use of the place, the use or operation of the machine or thing or the performance of the activity to be discontinued, and no person shall use or operate the machine or thing, work in that place or perform the activity until the measures directed by the Head have been taken.

• (8) The portion of subsection 145(5) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Copies of directions and reports

    (5) If the Head issues a direction in writing under subsection (1) or (2) or makes a report in writing to an employer on any matter under this Part, the employer shall without delay

• (9) Subsections 145(6) to (8) of the Act are replaced by the following:

  • Marginal note:Copy to person who made complaint

    (6) If the Head issues a direction under subsection (1), (2) or (2.1) or makes a report referred to in subsection (5) in respect of an investigation made by the Head following a complaint, the Head shall immediately provide a copy of the direction or report to each person, if any, whose complaint led to the investigation.

  • Marginal note:Copy to employer

    (7) If the Head issues a direction to an employee under subsection (1) or (2.1), the Head shall immediately provide a copy of the direction to the employee’s employer.

  • Marginal note:Response to direction or report

    (8) If the Head issues a direction under subsection (1), (2) or (2.1) or makes a report referred to in subsection (5), the Head may require the employer or the employee to whom the direction is issued or to whom the report relates to respond in writing to the direction or report, within the time that the Head may specify. The employer or employee shall provide a copy of the response to the policy committee and a copy to the work place committee or the health and safety representative.