Canada Labour Code
Marginal note:Appointment of members
135.1 (1) Subject to this section, a policy committee or a work place committee shall consist of at least two persons and at least half of the members shall be employees who
(a) do not exercise managerial functions; and
(b) subject to any regulations made under subsection 135.2(1), have been selected by
(i) the employees, if the employees are not represented by a trade union, or
(ii) the trade union representing employees, in consultation with any employees who are not so represented.
Marginal note:Exception — policy committee
(2) Despite subsection (1) and if provided in a collective agreement or other agreement, the members of a policy committee may include persons who are not employees.
Marginal note:Exception — work place committee
(3) If there is no policy committee, a work place committee may, when dealing with an issue that would have come within the responsibilities of a policy committee, select two additional members. Unless otherwise provided in a collective agreement or other agreement, one of the additional members shall be an employee who meets the criteria set out in paragraphs (1)(a) and (b).
(4) If a trade union fails to select a person under subparagraph (1)(b)(ii), a health and safety officer may notify in writing the local branch of the trade union, and shall send a copy of any such notification to the trade union’s national or international headquarters and to the employer, indicating that the committee is not established until a person is selected in accordance with subparagraph (1)(b)(ii).
Marginal note:Failure to select
(5) If no person is selected under paragraph (1)(b), the employer shall perform the functions of the committee until a person is selected and the committee is established.
Marginal note:Alternate members
(6) The employer and employees may select alternate members to serve as replacements for members selected by them who are unable to perform their functions. Alternate members for employee members shall meet the criteria set out in paragraphs (1)(a) and (b).
(7) A committee shall have two chairpersons selected from among the committee members. One of the chairpersons shall be selected by the employee members and the other shall be selected by the employer members.
Marginal note:Chairpersons to assign functions
(8) The chairpersons of a committee shall jointly designate members of the committee to perform the functions of the committee under this Part as follows:
(a) if two or more members are designated, at least half of the members shall be employee members; or
(b) if one member is designated, the member shall be an employee member.
(9) A committee shall ensure that accurate records are kept of all of the matters that come before it and that minutes are kept of its meetings. The committee shall make the minutes and records available to a health and safety officer at the officer’s request.
Marginal note:Time required for duties
(10) The members of a committee are entitled to take the time required, during their regular working hours,
(a) to attend meetings or to perform any of their other functions; and
(b) for the purposes of preparation and travel, as authorized by both chairpersons of the committee.
Marginal note:Payment of wages
(11) A committee member shall be compensated by the employer for the functions described in paragraphs (10)(a) and (b), whether performed during or outside the member’s regular working hours, at the member’s regular rate of pay or premium rate of pay, as specified in the collective agreement or, if there is no collective agreement, in accordance with the employer’s policy.
Marginal note:Wages for alternate members
(12) Subsections (10) and (11) apply to alternate members only while they are actually performing the functions of the committee member they are replacing.
Marginal note:Limitation of liability
(13) No person serving as a member of a committee is personally liable for anything done or omitted to be done by the person in good faith under the authority or purported authority of this Part.
Marginal note:Committee may establish rules
(14) Subject to subsections 134.1(7) and 135(10) and any regulations made under subsection 135.2(1), a committee shall establish its own rules of procedure in respect of the terms of office, not exceeding two years, of its members and the time, place and frequency of regular meetings of the committee and may establish any rules of procedure for its operation that it considers advisable.
- 2000, c. 20, s. 10
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