Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act (S.C. 1988, c. 28)

Act current to 2019-08-28 and last amended on 2019-08-28. Previous Versions

PART III.1Occupational Health and Safety (continued)

Pregnant or Nursing Employees

Marginal note:Cessation of functions

  •  (1) Without prejudice to the rights conferred by section 210.05 and subject to this section, an employee who is pregnant or nursing may cease to perform her job if she believes that, by reason of the pregnancy or nursing, continuing any of the functions connected with her regular work may pose a risk to her health or to that of her foetus or child.

  • Marginal note:Notification

    (2) On being informed of the cessation, the employer, with the written consent of the employee, shall notify the workplace committee established for the employee’s workplace or the coordinator, as the case may be.

  • Marginal note:Medical certificate

    (3) The employee shall provide to her employer, and any provider of services that is providing services related to her placement, as soon as possible, a certificate of a medical practitioner of her choice who is entitled to practise medicine under the laws of a province

    • (a) certifying that continuing any of the functions connected with her regular work poses a risk to her health or to that of her foetus or child and indicating the expected duration of the risk and the activities or conditions to avoid in order to eliminate the risk; or

    • (b) certifying that continuing the functions connected with her regular work does not pose a risk to her health or to that of her foetus or child.

  • Marginal note:Provision no longer applicable

    (4) Without prejudice to any other right conferred by this Part, by a collective agreement, by another agreement or by any terms and conditions of employment, once the medical practitioner has established that there is a risk as described in subsection (1), the employee is no longer permitted to cease to perform her job under that subsection.

  • Marginal note:Employer may reassign

    (5) For the period during which the employee does not perform her job under subsection (1), the employer may, in consultation with the employee, reassign her to another job that would not pose a risk to her health or to that of her foetus or child.

  • Marginal note:Status of employee

    (6) Whether or not the employee has been reassigned to another job, she is deemed to continue to hold the job that she held at the time she ceased to perform her job and is to continue to receive the wages and benefits that are attached to that job for the period during which she does not perform the job.

  • 2014, c. 13, s. 84

Marginal note:Reassignment and job modification

  •  (1) An employee who is pregnant or nursing may, during the period from the beginning of the pregnancy to the end of the twenty-fourth week following the birth, request that the employer modify the functions connected with her regular work or reassign her to another job if, by reason of the pregnancy or nursing, continuing any of those functions may pose a risk to her health or to that of her foetus or child.

  • Marginal note:Medical certificate

    (2) The employee’s request shall be accompanied by a certificate described in paragraph 210.056(3)(a).

  • 2014, c. 13, s. 84

Marginal note:Employer’s obligations

  •  (1) An employer to whom a request has been made under subsection 210.057(1) shall examine the request in consultation with the employee and, if feasible, shall modify the functions connected with her regular work or shall reassign her. The employer shall notify any provider of services that is providing services related to the placement of that employee that the request has been made.

  • Marginal note:Rights of employee

    (2) An employee who has made a request under subsection 210.057(1) is entitled to continue in her current job while the employer examines her request, but, if the risk posed by continuing any of the functions connected with her regular work so requires, she is entitled to and shall be granted a leave of absence with the same wages and benefits — payable by the employer or any provider of services that is providing services related to the placement of that employee, as the case may be — that she would have received had she not been on leave of absence until the employer

    • (a) modifies the functions connected with her regular work or reassigns her; or

    • (b) informs her in writing that it is not feasible to modify the functions connected with her regular work or to reassign her.

  • Marginal note:Onus of proof

    (3) The onus is on the employer to show that a modification of the functions connected with the employee’s regular work or a reassignment that would avoid the activities or conditions indicated in the medical certificate is not feasible.

  • Marginal note:Employee to be informed

    (4) If the employer concludes that a modification of the functions connected with the employee’s regular work or a reassignment that would avoid the activities or conditions indicated in the medical certificate is not feasible, the employer shall so inform her in writing.

  • Marginal note:Status of employee

    (5) If the functions connected with the employee’s regular work are modified or the employee is reassigned, the employee is deemed to continue to hold the job that she held at the time of making the request under subsection 210.057(1), and shall continue to receive the wages and benefits that are attached to that job.

  • Marginal note:Employee’s right to leave

    (6) An employee referred to in subsection (4) is entitled to and shall be granted a leave of absence for the duration of the risk as indicated in the medical certificate.

  • 2014, c. 13, s. 84

Reprisals and Complaints

Definition of reprisal action

  •  (1) In this section and in sections 210.06 and 210.063, reprisal action means an action that

    • (a) adversely affects an employee with respect to their terms or conditions of employment or any opportunity for employment or promotion, including dismissal, lay-off, suspension, demotion, transfer of job or location, discontinuation or elimination of the job, change in hours of work, reduction in wages or benefits, coercion, intimidation or the imposition of any disciplinary sanction, reprimand or other penalty; and

    • (b) is taken, in whole or in part, because the employee has acted in accordance with the provisions of this Part or of the regulations made under this Part or with a decision or order made under any of those provisions or has taken steps to ensure that those provisions are complied with.

  • Marginal note:Prohibition

    (2) No operator, employer, provider of services or union shall take, or threaten to take, reprisal action against an employee.

  • Marginal note:No action against employee

    (3) Without limiting the generality of subsection (2), actions referred to in paragraph (1)(a) cannot be taken against an employee for

    • (a) seeking to establish a committee, participating in the establishment or work of a committee or acting as a member of a committee or as a coordinator;

    • (b) acting as an observer under section 210.048;

    • (c) making a report under section 210.049;

    • (d) refusing to perform an activity under section 210.05, refusing to be transported under section 210.054 or ceasing to perform a job under section 210.056;

    • (e) requesting the employer under section 210.057 to modify the functions connected with the employee’s regular work or to reassign the employee;

    • (f) seeking access to information to which the employee is entitled under this Part;

    • (g) testifying in any proceeding or inquiry under this Part; or

    • (h) giving information in accordance with the provisions of this Part or of the regulations made under this Part or with a decision or order made under any of those provisions to a committee, a coordinator, a health and safety officer or any other person having duties or functions under this Part, or under Part III as it relates to safety.

  • Marginal note:Disciplinary action

    (4) Despite paragraph (3)(d), any action referred to in paragraph (1)(a) may be taken against an employee who has exercised rights under section 210.05 or 210.054 after all avenues of redress have been exhausted by the employee, if the operator, employer, provider of services or union taking the action can demonstrate that the employee has wilfully abused those rights.

  • Marginal note:Reasons

    (5) The operator, employer, provider of services or union shall provide the employee with written reasons for any action taken under subsection (4) within 15 days after the day on which a request is received from the employee to do so.

  • 2014, c. 13, s. 84

Marginal note:Complaints

  •  (1) An employee may, either personally or through a representative, make a complaint in writing to an occupational health and safety officer that

    • (a) an employer or provider of services has failed to pay wages or grant benefits to the employee that are required under subsection 210.019(2), 210.044(4), 210.045(7), 210.048(6), 210.051(2), 210.052(2) or (3), 210.053(1) or (2), 210.055(2) or (3), 210.056(6) or 210.058(2) or (5); or

    • (b) an operator, employer, provider of services or union has taken or threatened to take reprisal action against the employee contrary to subsection 210.059(2).

  • Marginal note:Time limit

    (2) The complaint shall be made within 90 days after the day on which the grounds for the complaint became known or ought to have become known to the employee.

  • Marginal note:Burden of proof

    (3) On an enquiry into a complaint under paragraph (1)(b), the burden of proving that no reprisal action has been taken or threatened is on the operator, employer, provider of services or union against whom the complaint is made.

  • Marginal note:Grievance under collective agreement

    (4) An employee who is aggrieved by a subject-matter described in paragraph (1)(a) or (b) should, if the employee is bound by a collective agreement that provides for final and binding arbitration of grievances in respect of the subject-matter, present a grievance under the agreement.

  • Marginal note:Exercise of rights

    (5) An employee who exercises their right within the time permitted under the collective agreement is not permitted to make a complaint under subsection (1) in respect of the same subject-matter unless it is determined that the arbitrator does not have jurisdiction to hear the grievance. In that case, the employee may, within 90 days after the day on which a final determination is made that the arbitrator does not have jurisdiction, make an application under that subsection.

  • 2014, c. 13, s. 84
 
Date modified: