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

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Act current to 2019-05-22 and last amended on 2019-04-01. Previous Versions

PART IIOccupational Health and Safety (continued)

Exercise of Minister’s Powers in Relation to Health and Safety

Marginal note:Delegation

  •  (1) Subject to any terms and conditions specified by the Minister, the Minister may delegate to any qualified person or class of persons any of the powers, duties or functions the Minister is authorized to exercise or perform for the purposes of this Part.

  • 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 is authorized to exercise or perform for the purposes of this Part.

  • Marginal note:Exception

    (3) The powers, duties or functions of the Minister 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), (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).

  • Marginal note:Certificate of authority

    (4) The Minister may provide any person to whom powers, duties or functions have been delegated under subsection (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 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.

  • Marginal note:Duty of Her Majesty

    (6) Despite subsection (5), and for greater certainty, Her Majesty in right of Canada is not relieved of any civil liability to which Her Majesty in right of Canada may otherwise be subject.

  • R.S., 1985, c. L-2, s. 140
  • R.S., 1985, c. 9 (1st Supp.), s. 4
  • 2000, c. 20, s. 14
  • 2013, c. 40, s. 190

Marginal note:Accessory powers

  •  (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

    • (a) conduct examinations, tests, inquiries, investigations and inspections or direct the employer to conduct them;

    • (b) take or remove for analysis, samples of any material or substance or any biological, chemical or physical agent;

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

    • (d) take or remove, for testing, material or equipment if there is no reasonable alternative to doing so;

    • (e) take photographs and make sketches;

    • (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

    • (k) meet with any person in private or, at the request of the person, in the presence of the person’s legal counsel or union representative.

  • 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: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: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.

  • (7) to (9) [Repealed, 2013, c. 40, s. 191]

  • R.S., 1985, c. L-2, s. 141
  • R.S., 1985, c. 9 (1st Supp.), s. 4
  • 2000, c. 20, s. 14
  • 2013, c. 40, s. 191

Marginal note:Inspections

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

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

    • (b) the health and safety representative and a person designated by the employer.

  • 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.

  • 2000, c. 20, s. 14
  • 2013, c. 40, s. 192

General Matters

Marginal note:Duty to assist

 The person in charge of a work place and every person employed at, or in connection with, a work place shall give all reasonable assistance to

  • (a) every appeals officer and the Minister to enable them to carry out their duties under this Part; and

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

  • R.S., 1985, c. L-2, s. 142
  • R.S., 1985, c. 9 (1st Supp.), s. 4
  • 2000, c. 20, s. 14
  • 2013, c. 40, s. 193

Marginal note:Obstruction and false statements

 No person shall obstruct or hinder, or make a false or misleading statement either orally or in writing to

  • (a) an appeals officer or the Minister engaged in carrying out their duties under this Part; or

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

  • R.S., 1985, c. L-2, s. 143
  • R.S., 1985, c. 9 (1st Supp.), s. 4
  • 2000, c. 20, s. 14
  • 2013, c. 40, s. 193

Marginal note:Provision of information

 No person shall prevent an employee from providing information to

  • (a) an appeals officer or the Minister engaged in carrying out their duties under this Part; or

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

  • 2000, c. 20, s. 14
  • 2013, c. 40, s. 193

Marginal note:Permission required for access to residence

 No person who carries out a duty under this Part shall enter a work place that is situated in an employee’s residence without the employee’s permission.

  • 2000, c. 20, s. 14
 
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