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)

General Matters (continued)

Marginal note:Evidence in civil or administrative proceedings precluded

  •  (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 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 Minister, in which case subsection (5) does not apply to restrict the disclosure of the information.

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

    (1.1) The Minister 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 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:Appeals officer

    (2) No appeals officer or person who has accompanied or assisted the officer in carrying out the officer’s duties and functions under this Part may be required to give testimony in any proceeding with regard to information obtained in the carrying out of those duties and functions or in accompanying or assisting the officer.

  • 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 this Act or 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 or unless the Minister 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 Minister may consider

    (5.01) Situations in which the Minister 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.

  • Marginal note:Personal information

    (5.1) If the information referred to in subsection (5) is information within the meaning of Part 4 of the Department of Employment and Social Development Act, the disclosure of that information is governed by Part 4 of that Act.

  • Marginal note:Confidential communication

    (6) No person to whom information obtained under section 141 is communicated in confidence shall divulge the name of the informant to any person except for the purposes of this Part, and no such person is competent or compellable to divulge the name of the informant before any court or other tribunal.

  • R.S., 1985, c. L-2, s. 144
  • R.S., 1985, c. 9 (1st Supp.), s. 4, c. 24 (3rd Supp.), s. 6
  • 2000, c. 20, s. 14
  • 2005, c. 34, s. 62
  • 2013, c. 40, ss. 194, 236
  • 2014, c. 13, ss. 94, 120, c. 20, ss. 142, 160

Special Safety Measures

Marginal note:Direction to terminate contravention

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

    • (a) terminate the contravention within the time that the officer may specify; and

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

  • Marginal note:Confirmation in writing

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

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

    • (b) as soon as possible by mail, or by facsimile or other electronic means, in any other case.

  • Marginal note:Dangerous situations  — direction to employer

    (2) If the Minister 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,

    • (a) the Minister 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 Minister specifies, to take measures to

      • (i) correct the hazard or condition or alter the activity that constitutes the danger, or

      • (ii) protect any person from the danger; and

    • (b) the Minister may, if the Minister 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 Minister’s directions are complied with, but nothing in this paragraph prevents the doing of anything necessary for the proper compliance with the direction.

  • Marginal note:Dangerous situations  — direction to employee

    (2.1) If the Minister 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 Minister 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 Minister issues a direction under paragraph (2)(a), the Minister 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 Minister may specify, and no person shall remove the notice unless authorized to do so by the Minister.

  • Marginal note:Cessation of use

    (4) If the Minister 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 Minister have been taken.

  • Marginal note:Copies of directions and reports

    (5) If the Minister 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

    • (a) cause a copy or copies of the direction or report to be posted in a conspicuous place accessible to every employee;

    • (b) give a copy of the direction or report to the policy committee and a copy to the work place committee or the health and safety representative.

  • Marginal note:Copy to person who made complaint

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

  • Marginal note:Response to direction or report

    (8) If the Minister issues a direction under subsection (1), (2) or (2.1) or makes a report referred to in subsection (5), the Minister 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 Minister 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.

  • R.S., 1985, c. L-2, s. 145
  • R.S., 1985, c. 9 (1st Supp.), s. 4
  • 1993, c. 42, s. 9(F)
  • 2000, c. 20, s. 14
  • 2013, c. 40, s. 195
 
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