Canada Labour Code

Marginal note:Evidence in civil or administrative proceedings precluded

• 144 (1) No health and safety officer or person who has accompanied or assisted the officer in carrying out the officer’s duties under this Part may be required to give testimony in civil or administrative proceedings, other than proceedings under this Part, with regard to information obtained in the carrying out of those duties or in accompanying or assisting the officer, except with the written permission of the Minister, in which case subsection (5) does not apply to restrict the disclosure of the information.

• Marginal note:Appeals officer

  (2) No appeals officer or person who has accompanied or assisted the officer in carrying out the officer’s duties and functions under this Part may be required to give testimony in any proceeding with regard to information obtained in the carrying out of those duties and functions or in accompanying or assisting the officer.

• Marginal note:Non-disclosure of information

  (3) Subject to subsection (4), no appeals officer or health and safety officer who is admitted to a work place under the powers conferred on an officer by section 141 and no person accompanying such an officer shall disclose to any person any information obtained in the work place by that officer or person with regard to any secret process or trade secret, except for the purposes of this Part or as required by law.

• Marginal note:Privileged information

  (4) All information that, under the Hazardous Materials Information Review Act, an employer is exempt from disclosing under paragraph 125.1(d) or (e) or under paragraph 13(a) or (b) or 14(a) or (b) of the Hazardous Products Act and that is obtained in a work place, by an appeals officer or a health and safety officer who is admitted to the work place, under section 141, or by a person accompanying that officer, is privileged and, notwithstanding the Access to Information Act or any other Act or law, shall not be disclosed to any other person except for the purposes of this Part.

• Marginal note:Information not to be published

  (5) No person shall, except for the purposes of this Part or for the purposes of a prosecution under this Part or unless the Minister is satisfied that the publication or disclosure is in the interest of occupational health and safety or the public interest, publish or disclose any information obtained as a result of activities carried out by or at the request of an appeals officer or a health and safety officer under section 141.

• Marginal note:Factors Minister may consider

  (5.01) Situations in which the Minister may be so satisfied include, but are not limited to, situations in which the publication or disclosure is for the purposes of a coroner’s inquiry, the administration or enforcement of a federal or provincial law or the administration of a foreign law or international agreement.

• Marginal note:Personal information

  (5.1) If the information referred to in subsection (5) is information within the meaning of Part 4 of the Department of Employment and Social Development Act, the disclosure of that information is governed by Part 4 of that Act.

• Marginal note:Confidential communication

  (6) No person to whom information obtained under section 141 is communicated in confidence shall divulge the name of the informant to any person except for the purposes of this Part, and no such person is competent or compellable to divulge the name of the informant before any court or other tribunal.