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

Complaints when Action against Employees

Marginal note:Complaint to Board

• 133 (1) An employee, or a person designated by the employee for the purpose, who alleges that an employer has taken action against the employee in contravention of section 147 may, subject to subsection (3), make a complaint in writing to the Board of the alleged contravention.

• Marginal note:Time for making complaint

  (2) The complaint shall be made to the Board not later than ninety days after the date on which the complainant knew, or in the Board’s opinion ought to have known, of the action or circumstances giving rise to the complaint.

• Marginal note:Restriction

  (3) A complaint in respect of the exercise of a right under section 128 or 129 may not be made unless the employee has complied with subsection 128(6) or the Minister has received the reports referred to in subsection 128(16), as the case may be, in relation to the matter that is the subject-matter of the complaint.

• Marginal note:Exclusion of arbitration

  (4) Notwithstanding any law or agreement to the contrary, a complaint made under this section may not be referred by an employee to arbitration or adjudication.

• Marginal note:Duty and power of Board

  (5) On receipt of a complaint made under this section, the Board may assist the parties to the complaint to settle the complaint and shall, if it decides not to so assist the parties or the complaint is not settled within a period considered by the Board to be reasonable in the circumstances, hear and determine the complaint.

• Marginal note:Burden of proof

  (6) A complaint made under this section in respect of the exercise of a right under section 128 or 129 is itself evidence that the contravention actually occurred and, if a party to the complaint proceedings alleges that the contravention did not occur, the burden of proof is on that party.

Marginal note:Board orders

134 If, under subsection 133(5), the Board determines that an employer has contravened section 147, the Board may, by order, require the employer to cease contravening that section and may, if applicable, by order, require the employer to

• (a) permit any employee who has been affected by the contravention to return to the duties of their employment;

• (b) reinstate any former employee affected by the contravention;

• (c) pay to any employee or former employee affected by the contravention compensation not exceeding the sum that, in the Board’s opinion, is equivalent to the remuneration that would, but for the contravention, have been paid by the employer to the employee or former employee; and

• (d) rescind any disciplinary action taken in respect of, and pay compensation to any employee affected by, the contravention, not exceeding the sum that, in the Board’s opinion, is equivalent to any financial or other penalty imposed on the employee by the employer.

Policy Health and Safety Committees

Marginal note:Establishment mandatory

• 134.1 (1) For the purposes of addressing health and safety matters that apply to the work, undertaking or business of an employer, every employer who normally employs directly three hundred or more employees shall establish a policy health and safety committee and, subject to section 135.1, select and appoint its members.

• Marginal note:Exception

  (2) An employer who normally employs directly more than twenty but fewer than three hundred employees may also establish a policy committee.

• Marginal note:More than one committee

  (3) An employer may establish more than one policy committee with the agreement of

  • (a) the trade union, if any, representing the employees; and

  • (b) the employees, in the case of employees not represented by a trade union.

• Marginal note:Duties of policy committee

  (4) A policy committee

  • (a) shall participate in the development of health and safety policies and programs;

  • (b) shall consider and expeditiously dispose of matters concerning health and safety raised by members of the committee or referred to it by a work place committee or a health and safety representative;

  • (c) shall participate in the development and monitoring of a program for the prevention of hazards in the work place that also provides for the education of employees in health and safety matters;

  • (d) shall participate to the extent that it considers necessary in inquiries, investigations, studies and inspections pertaining to occupational health and safety;

  • (e) shall participate in the development and monitoring of a program for the provision of personal protective equipment, clothing, devices or materials;

  • (f) shall cooperate with the Minister;

  • (g) shall monitor data on work accidents, injuries and health hazards; and

  • (h) shall participate in the planning of the implementation and in the implementation of changes that might affect occupational health and safety, including work processes and procedures.

• Marginal note:Information

  (5) A policy committee may request from an employer any information that the committee considers necessary to identify existing or potential hazards with respect to materials, processes, equipment or activities in any of the employer’s work places.

• Marginal note:Access

  (6) A policy committee shall have full access to all of the government and employer reports, studies and tests relating to the health and safety of employees in the work place, or to the parts of those reports, studies and tests that relate to the health and safety of employees, but shall not have access to the medical records of any person except with the person’s consent.

• Marginal note:Meetings of committee

  (7) A policy committee shall meet during regular working hours at least quarterly and, if other meetings are required as a result of an emergency or other special circumstances, the committee shall meet as required during regular working hours or outside those hours.

Work Place Health and Safety Committees

Marginal note:Establishment mandatory

• 135 (1) For the purposes of addressing health and safety matters that apply to individual work places, and subject to this section, every employer shall, for each work place controlled by the employer at which twenty or more employees are normally employed, establish a work place health and safety committee and, subject to section 135.1, select and appoint its members.

• Marginal note:Exception

  (2) An employer is not required to establish a committee under subsection (1) for a work place that is on board a ship in respect of employees whose base is the ship.

• Marginal note:Exemption by Minister

  (3) On receipt of a request from an employer that is submitted in the form and manner prescribed, if any is prescribed, and if the Minister is satisfied after considering the factors set out in subsection (4) that the nature of work being done by employees at the work place is relatively free from risks to health and safety, the Minister may, by order, on any terms and conditions that are specified in the order, exempt the employer from the requirement to establish a work place committee.

• Marginal note:Factors to be considered

  (4) The following factors are to be considered for the purposes of subsection (3):

  • (a) the risk of occupational injury or illness from hazardous substances or other conditions known to be associated with the type of activity conducted in that type of work place;

  • (b) whether the nature of the operation of, and the processes and equipment used in, the work place are relatively free from hazards to health and safety in comparison with similar operations, processes and equipment;

  • (c) the physical and organizational structure of the work place, including the number of employees and the different types of work being performed; and

  • (d) during the current calendar year and the two calendar years immediately before it,

    • (i) the number of disabling injuries in relation to the number of hours worked in the work place,

    • (ii) the occurrence of incidents in the work place having serious effects on health and safety, and

    • (iii) any directions issued in respect of contraventions of paragraph 125(1)(c), (z.10) or (z.11), and any contraventions of this Part that had serious consequences in respect of the work place.

• Marginal note:Posting of request

  (5) A request for an exemption must be posted in a conspicuous place or places where it is likely to come to the attention of employees, and be kept posted until the employees are informed of the Minister’s decision in respect of the request.

• Marginal note:Exemption if agreement

  (6) If, under a collective agreement or any other agreement between an employer and the employer’s employees, a committee of persons has been appointed and the committee has, in the opinion of the Minister, a responsibility for matters relating to health and safety in the work place to such an extent that a work place committee established under subsection (1) for that work place would not be necessary,

  • (a) the Minister may, in writing, exempt the employer from the requirements of subsection (1) in respect of that work place;

  • (b) the committee of persons that has been appointed for the work place has, in addition to any rights, functions, powers, privileges and obligations under the agreement, the same rights, functions, powers, privileges and obligations as a work place committee under this Part; and

  • (c) the committee of persons so appointed is, for the purposes of this Part, deemed to be a work place committee established under subsection (1) and all rights and obligations of employers and employees under this Part and the provisions of this Part respecting a work place committee apply, with any modifications that the circumstances require, to the committee of persons so appointed.

• Marginal note:Duties of committee

  (7) A work place committee, in respect of the work place for which it is established,

  • (a) shall consider and expeditiously dispose of complaints relating to the health and safety of employees;

  • (b) shall participate in the implementation and monitoring of the program referred to in paragraph 134.1(4)(c);

  • (c) where the program referred to in paragraph 134.1(4)(c) does not cover certain hazards unique to the work place, shall participate in the development, implementation and monitoring of a program for the prevention of those hazards that also provides for the education of employees in health and safety matters related to those hazards;

  • (d) where there is no policy committee, shall participate in the development, implementation and monitoring of a program for the prevention of hazards in the work place that also provides for the education of employees in health and safety matters related to those hazards;

  • (e) shall participate in all of the inquiries, investigations, studies and inspections pertaining to the health and safety of employees, including any consultations that may be necessary with persons who are professionally or technically qualified to advise the committee on those matters;

  • (f) shall participate in the implementation and monitoring of a program for the provision of personal protective equipment, clothing, devices or materials and, where there is no policy committee, shall participate in the development of the program;

  • (g) shall ensure that adequate records are maintained on work accidents, injuries and health hazards relating to the health and safety of employees and regularly monitor data relating to those accidents, injuries and hazards;

  • (h) shall cooperate with the Minister;

  • (i) shall participate in the implementation of changes that might affect occupational health and safety, including work processes and procedures and, where there is no policy committee, shall participate in the planning of the implementation of those changes;

  • (j) shall assist the employer in investigating and assessing the exposure of employees to hazardous substances;

  • (k) shall inspect each month all or part of the work place, so that every part of the work place is inspected at least once each year; and

  • (l) where there is no policy committee, shall participate in the development of health and safety policies and programs.

• Marginal note:Information

  (8) A work place committee, in respect of the work place for which it is established, may request from an employer any information that the committee considers necessary to identify existing or potential hazards with respect to materials, processes, equipment or activities.

• Marginal note:Access

  (9) A work place committee, in respect of the work place for which it is established, shall have full access to all of the government and employer reports, studies and tests relating to the health and safety of the employees, or to the parts of those reports, studies and tests that relate to the health and safety of employees, but shall not have access to the medical records of any person except with the person’s consent.

• Marginal note:Meetings of committee

  (10) A work place committee shall meet during regular working hours at least nine times a year at regular intervals and, if other meetings are required as a result of an emergency or other special circumstances, the committee shall meet as required during regular working hours or outside those hours.