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

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Act current to 2021-12-23 and last amended on 2021-12-17. Previous Versions

PART IIOccupational Health and Safety (continued)

Health and Safety Representatives (continued)

Marginal note:Information likely to reveal identity

  •  (1) Neither the Head nor an employer shall, without the person’s consent, provide, under this Part, a health and safety representative with any information that is likely to reveal the identity of a person who was involved in an occurrence of harassment and violence in the work place. A health and safety representative shall not have access to that information without the person’s consent.

  • Marginal note:Exception

    (2) Subsection (1) does not apply with respect to

    • (a) information provided under section 128 or 129 or a direction or report relating to the application of those sections; or

    • (b) a decision, reasons or a direction referred to in subsection 146.1(2).

Marginal note:Committees or representatives — specified work places

 Despite sections 135 and 136, if an employer controls more than one work place or the size or nature of the operations of the employer or those of the work place precludes the effective functioning of a single work place committee or health and safety representative, as the case may be, for those work places, the employer shall, subject to the approval or in accordance with the direction of the Head, establish or appoint in accordance with section 135 or 136, as the case may be, a work place committee or health and safety representative for the work places that are specified in the approval or direction.

  • R.S., 1985, c. L-2, s. 137
  • R.S., 1985, c. 9 (1st Supp.), s. 4
  • 2000, c. 20, s. 10
  • 2013, c. 40, s. 188
  • 2018, c. 27, s. 550

Coal Mining Safety Commission

Marginal note:Establishment of Commission

  •  (1) There is hereby established a Coal Mining Safety Commission, in this section referred to as the “Commission” consisting of, subject to subsection (2.1), not more than five members to be appointed by the Minister to hold office during pleasure.

  • Marginal note:Members of Commission

    (2) One member of the Commission shall be designated chairperson of the Commission by the Minister and the others shall be equally representative of the non-supervisory employees employed in coal mines and of the employers of those employees.

  • Marginal note:Alternate chairperson

    (2.1) The Minister may appoint, by order, and under the terms and conditions specified in the order, any person as an alternate chairperson to act in the absence or incapacity of the chairperson. An alternate chairperson, while acting as chairperson, has all of the powers, duties and immunity of the chairperson.

  • Marginal note:Selection and tenure

    (3) The manner of selection of the members of the Commission, other than the chairperson and an alternate chairperson, and the term of office of the members of the Commission shall be such as may be prescribed.

  • Marginal note:Quorum

    (4) A quorum of the Commission consists of the chairperson or alternate chairperson, one member representative of non-supervisory employees and one member representative of employers.

  • Marginal note:Ineligibility

    (5) No person to whom powers, duties or functions have been delegated under subsection 140(1) or (1.1), or under an agreement entered into under subsection 140(2), is eligible to be appointed to the Commission or as alternate chairperson under subsection (2.1), or to be designated for the purposes of subsection 137.2(1) or (2).

  • Marginal note:Remuneration

    (6) The members of the Commission, including an alternate chairperson, shall be paid the remuneration that may be fixed by the Governor in Council and, subject to the approval of the Treasury Board, any reasonable travel and living expenses that are incurred by them while performing their functions away from their ordinary place of residence.

  • Marginal note:By-laws

    (7) The Commission may, subject to the approval of the Minister, make by-laws for the conduct of its activities.

  • Marginal note:Staff and other assistance

    (8) The Minister may, at the request of the Commission, make available to the Commission such staff and other assistance as are necessary for the proper conduct of its activities.

  • Marginal note:Annual report

    (9) The Commission shall, within sixty days following the end of each calendar year, submit a report to the Minister of its activities during the year.

  • Marginal note:Immunity

    (10) No member of the Commission and no person designated by the Commission pursuant to subsection 137.2(1) or (2) is personally liable for anything done or omitted to be done in good faith under section 137.2.

  • R.S., 1985, c. 26 (4th Supp.), s. 3
  • 1998, c. 26, s. 59(E)
  • 2000, c. 20, s. 11
  • 2013, c. 40, s. 189
  • 2018, c. 27, s. 551

Marginal note:Approval of plans, procedures

  •  (1) The Commission or persons designated by the Commission for the purposes of this subsection may approve in writing, with or without modification, plans or procedures submitted in accordance with paragraph 125.3(1)(d).

  • Marginal note:Approval of methods, machinery, equipment

    (2) On the application of an employer, the Commission or persons designated by the Commission for the purposes of this subsection may, if, in the opinion of the Commission or those persons, protection of the health and safety of employees would not thereby be diminished,

    • (a) approve in writing the use by the employer in coal mines of mining methods, machinery or equipment in respect of which no prescribed safety standards are applicable; or

    • (b) approve in writing, notwithstanding anything in this Part, the use by the employer in coal mines, for a specified time and subject to specified conditions, of any mining method, machinery or equipment that does not meet prescribed safety standards applicable in respect of it.

  • Marginal note:Exemptions and substitutions

    (3) On the application of an employer, the Commission may, if in its opinion protection of the health and safety of employees would not thereby be diminished, by order,

    • (a) exempt the employer from compliance with any provision of the regulations in the operation of coal mines controlled by the employer, subject to any conditions contained in the order; or

    • (b) substitute for any provision of the regulations, so far as it applies to coal mines controlled by the employer, another provision having substantially the same purpose and effect.

  • Marginal note:Recommendations for amendments

    (4) The Commission may make recommendations to the Minister for amending or revoking any provision of the regulations applicable to coal mines or for adding any provision thereto.

  • R.S., 1985, c. 26 (4th Supp.), s. 3
  • 2000, c. 20, s. 12

Administration

Marginal note:Special committees

  •  (1) The Minister may appoint committees of persons to assist or advise the Minister on any matter that the Minister considers advisable concerning occupational health and safety related to employment to which this Part applies.

  • Marginal note:Remuneration and expenses

    (1.1) At the discretion of the Minister, persons appointed to those committees may be paid the remuneration that may be fixed by the Minister and, in accordance with any applicable Treasury Board directives, any reasonable travel and living expenses that are incurred by them while performing their functions away from their ordinary place of residence.

  • Marginal note:Inquiries

    (2) The Minister may cause an inquiry to be made into and concerning occupational health and safety in any employment to which this Part applies and may appoint one or more persons to hold the inquiry.

  • Marginal note:Powers on an inquiry

    (3) A person appointed pursuant to subsection (2) has all the powers of a person appointed as a commissioner under Part I of the Inquiries Act.

  • Marginal note:Research

    (4) The Minister may undertake research into the cause of and the means of preventing employment injury and occupational illness and may, where the Minister deems it appropriate, undertake such research in cooperation with any department or agency of the Government of Canada or with any or all provinces or with any organization undertaking similar research.

  • Marginal note:Publication of information

    (5) The Minister may publish the results of any research undertaken under subsection (4) and compile, prepare and disseminate data or information bearing on health or safety of employees obtained from that research or otherwise.

  • Marginal note:Occupational safety and health programs

    (6) The Minister may undertake programs to reduce or prevent employment injury and occupational illness and may, where the Minister deems it appropriate, undertake those programs in cooperation with any department or agency of the Government of Canada or with any or all provinces or any organization undertaking similar programs.

  • R.S., 1985, c. L-2, s. 138
  • R.S., 1985, c. 9 (1st Supp.), s. 4
  • 2000, c. 20, s. 13

Marginal note:Medical surveillance and examination programs

  •  (1) The Minister may undertake medical surveillance and examination programs with respect to occupational health and safety and may, if the Minister considers it appropriate, undertake those programs in cooperation with any department or agency of the Government of Canada or with any or all of the provinces or any organization undertaking similar programs.

  • Marginal note:Appointment of medical officers

    (2) The Minister may appoint any medical practitioner qualified in occupational medicine to undertake the medical surveillance and examination programs.

  • R.S., 1985, c. L-2, s. 139
  • R.S., 1985, c. 9 (1st Supp.), s. 4
  • 1998, c. 26, ss. 59(E), 60(E)
  • 2000, c. 20, s. 14

Marginal note:Annual report

  •  (1) The Minister shall prepare and publish an annual report that contains statistical data relating to harassment and violence in work places to which this Part applies. The report shall not contain any information that is likely to reveal the identity of a person who was involved in an occurrence of harassment and violence.

  • Marginal note:Statistical data

    (2) The statistical data contained in the report shall include information that is categorized according to prohibited grounds of discrimination under the Canadian Human Rights Act.

Marginal note:Five-year review

  •  (1) Five years after the day on which this section comes into force and every five years after that, the Minister shall commence a review of the provisions of this Part relating to harassment and violence. At the conclusion of the review, the Minister shall prepare a report on the review.

  • Marginal note:Report to be tabled

    (2) The Minister shall cause the report to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the report is completed.

Exercise of 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:Delegation — Head

    (1.1) Subject to any terms and conditions specified by the Minister, the Head may delegate to any qualified person or class of persons any of the powers the Head is authorized to exercise or any of the duties or functions the Head is authorized to perform for the purposes of this Part. The Head may make the delegation subject to any terms and conditions that the Head considers appropriate.

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

  • Marginal note:Exception

    (3) The powers, duties or functions provided for in section 130, subsections 137.‍1(1) to (2.‍1) and (7) to (9), 137.‍2(4), 138(1) to (2) and (4) to (6), 140(1) to (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:Certificate of authority — Head

    (4.1) The Head may provide any person to whom powers, duties or functions have been delegated under subsection (1.1), 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 (1.1), 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.

Marginal note:Accessory powers

  •  (1) Subject to section 143.2, the Head may, in carrying out the Head’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 Head deems necessary to carry out the Head’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 Head 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 Head 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 Head 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 Head 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 Head while the Head, 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 Head may issue a direction under subsection (1) whether or not the Head 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 Head 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 Head 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 Head 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 Head 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
  • 2018, c. 27, s. 554
 
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