Canada Labour Code (R.S.C., 1985, c. L-2)

Marginal note:Non-application of Statutory Instruments Act

121.3 Subsection 5(1) of the Statutory Instruments Act does not apply to a regulation made pursuant to section 121.1 or 121.2.

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.

• Marginal note:Decisions

  (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.

Marginal note:Regulations

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).

PART IIOccupational Health and Safety

Interpretation

Marginal note:Definitions

• 122 (1) In this Part,

  appeals officer

  appeals officer[Repealed, 2017, c. 20, s. 338]

  Board

  Board[Repealed, 2017, c. 20, s. 338]

  collective agreement

  collective agreement has the same meaning as in section 166; (convention collective)

  danger

  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

  employee means a person employed by an employer; (employé)

  employer

  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)

  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

  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

  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)

• Marginal note:Definitions

  (2) In this Part, hazardous product, label and safety data sheet have the same meanings as in section 2 of the Hazardous Products Act.

• Marginal note:Idem

  (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:Purpose of Part

122.1 The purpose of this Part is to prevent accidents and injury to health arising out of, linked with or occurring in the course of employment to which this Part applies.

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.

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.

Application

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: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.