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

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Act current to 2019-05-07 and last amended on 2019-04-01. Previous Versions

PART IIOccupational Health and Safety (continued)

Offences and Punishment (continued)

Marginal note:Minister’s consent required

  •  (1) No proceeding in respect of an offence under this Part may be instituted except with the consent of the Minister or a person designated by the Minister.

  • Marginal note:Officers and senior officials, etc.

    (2) If a corporation or a department in, or other portion of, the federal public administration to which this Part applies commits an offence under this Part, any of the following persons who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and liable on conviction to the punishment provided for the offence, whether or not the corporation or department in, or portion of, the federal public administration has been prosecuted or convicted:

    • (a) any officer, director, agent or mandatary of the corporation;

    • (b) any senior official in the department in, or portion of, the federal public administration; or

    • (c) any other person exercising managerial or supervisory functions in the corporation or department in, or portion of, the federal public administration.

  • Marginal note:Evidence of direction

    (3) On any prosecution for an offence under this Part, a copy of a direction purporting to have been made under this Part and purporting to have been signed by the person authorized under this Part to make the direction is evidence of the direction without proof of the signature or authority of the person by whom it purports to be signed.

  • Marginal note:Limitation period

    (4) Proceedings in respect of an offence under this Part may be instituted at any time within but not later than two years after the day on which the subject-matter of the proceedings arose.

  • R.S., 1985, c. L-2, s. 149
  • R.S., 1985, c. 9 (1st Supp.), s. 4
  • 2000, c. 20, s. 15
  • 2003, c. 22, s. 111(E)
  • 2014, c. 13, s. 95

Marginal note:Venue

 A complaint or information in respect of an offence under this Part may be heard, tried and determined by a provincial court judge or justice if the accused is resident or carrying on business within the territorial jurisdiction of the provincial court judge or justice, notwithstanding that the matter of the complaint or information did not arise in that territorial jurisdiction.

  • R.S., 1985, c. L-2, s. 150
  • R.S., 1985, c. 9 (1st Supp.), s. 4, c. 27 (1st Supp.), s. 203

Marginal note:Information

 In any proceedings in respect of an offence under this Part, an information may include more than one offence committed by the same person and all those offences may be tried concurrently and one conviction for any or all such offences may be made.

  • R.S., 1985, c. L-2, s. 151
  • R.S., 1985, c. 9 (1st Supp.), s. 4

Marginal note:Injunction proceedings

 The Minister may apply or cause an application to be made to a judge of a superior court for an order enjoining any person from contravening a provision of this Part, whether or not a prosecution has been instituted for an offence under this Part, or enjoining any person from continuing any act or default for which the person was convicted of an offence under this Part.

  • R.S., 1985, c. L-2, s. 152
  • R.S., 1985, c. 9 (1st Supp.), s. 4
  • 2002, c. 8, s. 120

Marginal note:Injunction

 The judge of a court to whom an application under section 152 is made may, in the judge’s discretion, make the order applied for under that section and the order may be entered and enforced in the same manner as any other order or judgment of that court.

  • R.S., 1985, c. L-2, s. 153
  • R.S., 1985, c. 9 (1st Supp.), s. 4
  • 2000, c. 20, s. 16(E)

Marginal note:Imprisonment precluded in certain cases

  •  (1) If a person is convicted of an offence under this Part on proceedings by way of summary conviction, no imprisonment may be imposed in default of payment of any fine imposed as punishment.

  • Marginal note:Recovery of fines

    (2) Where a person is convicted of an offence under this Part and the fine that is imposed is not paid when required, the prosecutor may, by filing the conviction, enter as a judgment the amount of the fine and costs, if any, in a superior court of the province in which the trial was held, and the judgment is enforceable against the person in the same manner as if it were a judgment rendered against the person in that court in civil proceedings.

  • R.S., 1985, c. L-2, s. 154
  • R.S., 1985, c. 9 (1st Supp.), s. 4, c. 24 (3rd Supp.), s. 8
  • 2000, c. 20, s. 17

Providing of Information

Marginal note:Notice to provide information

  •  (1) Where a person is required to provide information for the purposes of this Part, the Minister may require the information to be provided by a notice to that effect served personally or sent by registered mail addressed to the latest known address of the person, and the person shall comply with the notice within such reasonable time as is specified therein.

  • Marginal note:Proof of failure to provide information

    (2) A certificate purporting to be signed by the Minister or by a person authorized by the Minister,

    • (a) certifying that a notice was sent by registered mail to the person to whom it was addressed, accompanied by an identified post office certificate of the registration and a true copy of the notice, and

    • (b) certifying that the information has not been provided as requested in the notice sent by the Minister,

    is evidence of the facts set out therein without proof of the signature or official character of the person by whom the certificate purports to be signed.

  • R.S., 1985, c. L-2, s. 155
  • R.S., 1985, c. 9 (1st Supp.), s. 4

Powers of the Canada Industrial Relations Board

Marginal note:Complaint to Board

  •  (1) Despite subsection 14(1), the Chairperson or a Vice-Chairperson of the Board, or a member of the Board appointed under paragraph 9(2)(e), may dispose of any complaint made to the Board under this Part and, in relation to any complaint so made, that person

    • (a) has all the powers, rights and privileges that are conferred on the Board by this Act other than the power to make regulations under section 15; and

    • (b) is subject to all the obligations and limitations that are imposed on the Board by this Act.

  • Marginal note:Application of Part I provisions

    (2) The provisions of Part I respecting orders and decisions of and proceedings before the Board under that Part apply in respect of all orders and decisions of and proceedings before the Board or any member thereof under this Part.

  • R.S., 1985, c. L-2, s. 156
  • R.S., 1985, c. 9 (1st Supp.), s. 4
  • 1998, c. 26, s. 57
  • 2000, c. 20, s. 18

Fees

Marginal note:Fees for services, etc.

  •  (1) The Governor in Council may, on the recommendation of the Treasury Board, fix the fees to be paid for services, facilities and products provided by the Minister under this Part or within the purpose of this Part.

  • Marginal note:Amount not to exceed cost

    (2) Fees fixed under subsection (1) may not exceed the costs to Her Majesty in right of Canada in respect of those items or matters.

  • 2000, c. 20, s. 19

Regulations

Marginal note:Regulations

  •  (1) Subject to this section, the Governor in Council may make regulations

    • (a) prescribing anything that by this Part is to be prescribed;

    • (a.1) restricting or prohibiting any activity or thing that any provision of this Part contemplates being the subject of regulations; and

    • (b) respecting such other matters or things as are necessary to carry out the provisions of this Part.

  • Marginal note:Idem

    (1.1) Where the Governor in Council is of the opinion that a regulation cannot appropriately be made by prescribing a standard or other thing that by a paragraph of sections 125 to 126 is to be prescribed, the Governor in Council may make regulations in relation to the safety and health matters referred to in that paragraph in such manner as the Governor in Council considers appropriate in the circumstances, whether or not the opinion of the Governor in Council is indicated at the time the regulations are made.

  • (2) and (2.1) [Repealed, 1993, c. 42, s. 11]

  • Marginal note:Ministerial recommendations

    (3) Regulations of the Governor in Council under subsection (1) or (1.1) in respect of occupational safety and health of employees employed

    • (a) on ships, trains or aircraft, while in operation, shall be made on the recommendation of the Minister and the Minister of Transport; or

    • (b) on or in connection with exploration or drilling for or the production, conservation, processing or transportation of oil or gas in frontier lands, as defined in the Canada Petroleum Resources Act, shall be made on the recommendation of

      • (i) the Minister and the Minister of Indian Affairs and Northern Development, and

      • (ii) the Minister of Natural Resources, taking into consideration any recommendations made by the National Energy Board in relation to the regulations.

  • Marginal note:Regulations general or specific

    (4) Regulations made under this section may be made applicable to all employment to which this Part applies, to one or more classes of employment to which this Part applies or to such employment in one or more work places.

  • Marginal note:Incorporation of standards

    (5) Regulations made under this section incorporating a standard by reference may incorporate the standard as enacted or adopted at a certain date, as amended to a certain date or as amended from time to time.

  • Marginal note:Compliance with standards

    (6) Regulations made under this section that prescribe or incorporate a standard but that require the standard to be complied with only to the extent that compliance is practicable or reasonably practicable in circumstances governed by the standard may require the employer to report to the Minister the reason that full compliance is not practicable or reasonably practicable in particular circumstances.

  • R.S., 1985, c. L-2, s. 157
  • R.S., 1985, c. 9 (1st Supp.), s. 4, c. 26 (4th Supp.), s. 5
  • 1992, c. 1, s. 93
  • 1993, c. 42, s. 11
  • 1994, c. 10, s. 29, c. 41, s. 37
  • 2000, c. 20, s. 20
  • 2013, c. 40, s. 198
 
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