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

Search

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

Full Document:  

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

PART IIOccupational Health and Safety (continued)

Appeals of Decisions and Directions

Marginal note:Powers, duties and functions

 For the purposes of sections 146 to 146.5, the Board has all of the powers, duties and functions of the Minister under this Part, except for those referred to in section 130, subsections 135(3) and (6), 137.1(1) to (2.1) and (7) to (9), 137.2(4), 138(1) to (2) and (4) to (6), section 139, subsections 140(1), (2) and (4) and 144(1), section 146.01, subsection 149(1), sections 152 and 155 and subsections 156.1(1), 157(3) and 159(2).

  • 2000, c. 20, s. 14
  • 2013, c. 40, s. 196
  • 2017, c. 20, s. 347

Marginal note:Appeal of direction

  •  (1) An employer, employee or trade union that feels aggrieved by a direction issued by the Minister under this Part may appeal the direction to the Board, in writing, within 30 days after the day on which the direction was issued or confirmed in writing.

  • Marginal note:Direction not stayed

    (2) Unless otherwise ordered by the Board on application by the employer, employee or trade union, an appeal of a direction does not operate as a stay of the direction.

  • R.S., 1985, c. L-2, s. 146
  • R.S., 1985, c. 9 (1st Supp.), s. 4
  • 2000, c. 20, s. 14
  • 2013, c. 40, s. 197
  • 2017, c. 20, s. 347

Marginal note:Minister informed of appeal

  •  (1) The Board shall inform the Minister in writing when an appeal is brought under subsection 129(7) or section 146 and provide him or her with a copy of the request for appeal.

  • Marginal note:Documents provided to Board

    (2) The Minister shall, on request of the Board, provide to the Board a copy of any document that the Minister relied on for the purpose of making the decision or issuing the direction being appealed.

  • Marginal note:Documents provided to Minister

    (3) The Board shall, on request of the Minister, provide to the Minister a copy of any document that is filed with the Board in the appeal.

  • Marginal note:Power of Minister

    (4) The Minister may, in an appeal, present evidence and make representations to the Board.

  • 2017, c. 20, s. 347

Marginal note:Inquiry

  •  (1) If an appeal is brought under subsection 129(7) or section 146, the Board shall, in a summary way and without delay, inquire into the circumstances of the decision or direction, as the case may be, and the reasons for it and may

    • (a) vary, rescind or confirm the decision or direction; and

    • (b) issue any direction that the Board considers appropriate under subsection 145(2) or (2.1).

  • Marginal note:Decision and reasons

    (2) The Board shall provide a written decision, with reasons, and a copy of any direction to the employer, employee or trade union concerned and to the Minister, and the employer shall, without delay, give a copy of the decision, the reasons, and any direction to the work place committee or health and safety representative.

  • Marginal note:Posting of notice

    (3) If the Board issues a direction under paragraph (1)(b), the employer shall, without delay, affix or cause to be affixed to or near the machine, thing or place in respect of which the direction is issued a notice of the direction, in the form and containing the information that the Board may specify, and no person may remove the notice unless authorized to do so by the Board.

  • Marginal note:Cessation of use

    (4) If the Board directs, under paragraph (1)(b), that a machine or thing not be used, a place not be worked in or an activity not be performed until the direction is complied with, no person shall use the machine or thing, or work in the place or perform the activity until the direction is complied with, but nothing in this subsection prevents the doing of anything necessary for the proper compliance with the direction.

  • 2000, c. 20, s. 14
  • 2017, c. 20, s. 348

 [Repealed, 2017, c. 20, s. 349]

 [Repealed, 2017, c. 20, s. 349]

 [Repealed, 2017, c. 20, s. 349]

Marginal note:Wages

 An employee who is a party to a proceeding under subsection 146.1(1) and who attends at the proceeding, or any employee who has been summoned by the Board to attend at such a proceeding and who attends, is entitled to be paid by the employer at the employee’s regular rate of wages for the time spent at the proceeding that would otherwise have been time at work.

  • 2000, c. 20, s. 14
  • 2017, c. 20, s. 349

Disciplinary Action

Marginal note:General prohibition re employer

 No employer shall dismiss, suspend, lay off or demote an employee, impose a financial or other penalty on an employee, or refuse to pay an employee remuneration in respect of any period that the employee would, but for the exercise of the employee’s rights under this Part, have worked, or take any disciplinary action against or threaten to take any such action against an employee because the employee

  • (a) has testified or is about to testify in a proceeding taken or an inquiry held under this Part;

  • (b) has provided information to a person engaged in the performance of duties under this Part regarding the conditions of work affecting the health or safety of the employee or of any other employee of the employer; or

  • (c) has acted in accordance with this Part or has sought the enforcement of any of the provisions of this Part.

  • R.S., 1985, c. L-2, s. 147
  • R.S., 1985, c. 9 (1st Supp.), s. 4
  • 2000, c. 20, s. 14

Marginal note:Abuse of rights

  •  (1) An employer may, after all the investigations and appeals have been exhausted by the employee who has exercised rights under sections 128 and 129, take disciplinary action against the employee who the employer can demonstrate has wilfully abused those rights.

  • Marginal note:Written reasons

    (2) The employer must provide the employee with written reasons for any disciplinary action within fifteen working days after receiving a request from the employee to do so.

  • 2000, c. 20, s. 14

Offences and Punishment

Marginal note:General offence

  •  (1) Subject to this section, every person who contravenes a provision of this Part is guilty of an offence and liable

    • (a) on conviction on indictment, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than two years, or to both; or

    • (b) on summary conviction, to a fine of not more than $100,000.

  • Marginal note:If death or injury

    (2) Every person who contravenes a provision of this Part the direct result of which is the death of, serious illness of or serious injury to an employee is guilty of an offence and liable

    • (a) on conviction on indictment, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than two years, or to both; or

    • (b) on summary conviction, to a fine of not more than $1,000,000.

  • Marginal note:Risk of death or injury

    (3) Every person who wilfully contravenes a provision of this Part knowing that the contravention is likely to cause the death of, serious illness of or serious injury to an employee is guilty of an offence and liable

    • (a) on conviction on indictment, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than two years, or to both; or

    • (b) on summary conviction, to a fine of not more than $1,000,000.

  • Marginal note:Defence

    (4) On a prosecution of a person for a contravention of any provision of this Part, except paragraphs 125(1)(c), (z.10) and (z.11), it is a defence for the person to prove that the person exercised due care and diligence to avoid the contravention. However, no person is liable to imprisonment on conviction for an offence under any of paragraphs 125(1)(c), (z.10) and (z.11).

  • Marginal note:Presumption

    (5) For the purposes of this section, if regulations are made under subsection 157(1.1) in relation to health or safety matters referred to in a paragraph of any of sections 125 to 126 by which a standard or other thing is to be prescribed, that standard or other thing is deemed to be prescribed within the meaning of that paragraph.

  • R.S., 1985, c. L-2, s. 148
  • R.S., 1985, c. 9 (1st Supp.), s. 4, c. 24 (3rd Supp.), s. 7, c. 26 (4th Supp.), s. 4
  • 1993, c. 42, s. 10
  • 2000, c. 20, s. 14
 
Date modified: