Budget Implementation Act, 2017, No. 1 (S.C. 2017, c. 20)
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Assented to 2017-06-22
PART 4Various Measures (continued)
DIVISION 17Labour and Employment Laws (continued)
R.S., c. L-2Canada Labour Code (continued)
339 Paragraph 125(1)(x) of the Act is replaced by the following:
(x) comply with every oral or written direction given to the employer by the Minister or the Board concerning the health and safety of employees;
340 Paragraph 126(1)(i) of the Act is replaced by the following:
(i) comply with every oral or written direction of the Minister or the Board concerning the health and safety of employees; and
341 Subsection 129(7) of the Act is replaced by the following:
Marginal note:Appeal
(7) If the Minister makes a decision referred to in paragraph 128(13)(b) or (c), the employee is not entitled under section 128 or this section to continue to refuse to use or operate the machine or thing, work in that place or perform that activity, but the employee, or a person designated by the employee for the purpose, may appeal the decision, in writing, to the Board within 10 days after receiving notice of the decision.
342 Section 134 of the Act is renumbered as subsection 134(1) and is amended by adding the following:
Marginal note:Enforcement of orders
(2) Any person affected by an order of the Board under subsection (1), or the Minister on the request of such a person, may, after 14 days from the day on which the order is made, or from the day provided in the order for compliance, whichever is later, file in the Federal Court a copy of the order, exclusive of reasons.
Marginal note:Registration
(3) On filing in the Federal Court under subsection (2), an order of the Board shall be registered in the Court and, when registered, has the same force and effect, and all proceedings may be taken in respect of it, as if the order were a judgment obtained in that Court.
343 Paragraph 142(a) of the Act is replaced by the following:
(a) the Minister to enable him or her to exercise his or her powers or to perform his or her duties or functions under this Part;
(a.1) an external adjudicator and a member of the Board to enable them to, in accordance with subsection 12.001(2) or 14(5), exercise or perform the powers, duties or functions conferred on the Board by this Part; and
344 Paragraph 143(a) of the Act is replaced by the following:
(a) the Minister in the exercise of his or her powers, or in the performance of his or her duties or functions, under this Part;
(a.1) an external adjudicator or a member of the Board in the exercise or performance, in accordance with subsection 12.001(2) or 14(5), of the powers, duties or functions conferred on the Board by this Part; or
345 (1) The portion of section 143.1 of the French version of the Act before paragraph (a) is replaced by the following:
Marginal note:Communication de renseignements
143.1 Il est interdit d’empêcher un employé de fournir des renseignements :
(2) Paragraph 143.1(a) of the Act is replaced by the following:
(a) the Minister in the exercise of his or her powers, or in the performance of his or her duties or functions under this Part;
(a.1) an external adjudicator or a member of the Board in the exercise or performance, in accordance with subsection 12.001(2) or 14(5), of the powers, duties or functions conferred on the Board by this Part; or
(3) Paragraph 143.1(b) of the French version of the Act is replaced by the following:
b) à toute personne à qui des attributions ont été déléguées en vertu du paragraphe 140(1) ou d’un accord conclu en vertu du paragraphe 140(2) dans l’exercice de ces attributions.
346 Subsections 144(2) and (3) of the Act are replaced by the following:
Marginal note:Member of the Board
(2) No person who has accompanied or assisted an external adjudicator or a member of the Board in the exercise, in accordance with subsection 12.001(2) or 14(5), of the powers, or in the performance of the duties or functions, conferred on the Board by this Part shall be required to give testimony in any proceeding with regard to information obtained in accompanying or assisting the external adjudicator or member.
Marginal note:Non-disclosure of information
(3) Subject to subsection (4), the Minister, an external adjudicator or a member of the Board who is admitted to a work place under the powers conferred by section 141 — or a person who is admitted to a work place under the powers conferred by section 141 that are delegated to them under subsection 140(1) or under an agreement entered into under subsection 140(2) — and any person accompanying them, shall not disclose to any person any information obtained in the work place by the Minister, external adjudicator or member or person with regard to any secret process or trade secret, except for the purposes of this Part or as required by law.
347 Sections 145.1 and 146 of the Act are replaced by the following:
Marginal note:Powers, duties and functions
145.1 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).
Marginal note:Appeal of direction
146 (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.
Marginal note:Minister informed of appeal
146.01 (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.
348 (1) The portion of subsection 146.1(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Inquiry
146.1 (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
(2) Paragraph 146.1(1)(b) of the English version of the Act is replaced by the following:
(b) issue any direction that the Board considers appropriate under subsection 145(2) or (2.1).
(3) Subsections 146.1(2) to (4) of the Act are replaced by the following:
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.
- Date modified: