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Budget Implementation Act, 2018, No. 2 (S.C. 2018, c. 27)

Assented to 2018-12-13

PART 4Various Measures (continued)

DIVISION 15Modernization of the Canada Labour Code (continued)

SUBDIVISION BHead of Compliance and Enforcement (continued)

543 Section 130 of the Act is replaced by the following:

Marginal note:When collective agreement exists

130 The Head may, on the joint application of the parties to a collective agreement, if the Head is satisfied that the agreement contains provisions that are at least as effective as those under sections 128 and 129 in protecting the employees to whom the agreement relates from danger to their health or safety, exclude the employees from the application of those sections for the period during which the agreement remains in force.

544 Subsection 133(3) of the Act is replaced by the following:

  • 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 Head 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.

545 Subsection 134(2) of the Act is replaced by the following:

  • Marginal note:Enforcement of orders

    (2) Any person affected by an order of the Board under subsection (1), or the Head 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.

546 Paragraph 134.1(4)(f) of the Act is replaced by the following:

  • (f) shall cooperate with the Head;

  • 547 (1) The portion of subsection 135(6) of the Act before paragraph (b) is replaced by the following:

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

  • (2) Paragraph 135(7)(h) of the Act is replaced by the following:

    • (h) shall cooperate with the Head;

  • 548 (1) Subsection 135.1(4) of the Act is replaced by the following:

    • Marginal note:Notification

      (4) If a trade union fails to select a person under subparagraph (1)(b)(ii), the Head 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 that subparagraph.

  • (2) Subsection 135.1(9) of the Act is replaced by the following:

    • Marginal note:Records

      (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 the Head at the Head’s request.

  • 549 (1) Subsection 136(3) of the Act is replaced by the following:

    • Marginal note:Notification

      (3) If a trade union fails to select a person under subsection (2), the Head may so notify in writing the local branch of the trade union. The Head shall send a copy of the notification to the trade union’s national or international headquarters and to the employer.

  • (2) Paragraph 136(5)(h) of the Act is replaced by the following:

    • (h) shall cooperate with the Head;

550 Section 137 of the Act is replaced by the following:

Marginal note:Committees or representatives — specified work places

137 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.

551 Subsection 137.1(5) of the Act is replaced by the following:

  • 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).

552 The heading before section 140 of the Act is replaced by the following:

Exercise of Powers in Relation to Health and Safety

  • 553 (1) Section 140 of the Act is amended by adding the following after subsection (1):

    • 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.

  • (2) Subsections 140(2) and (3) of the Act are replaced by the following:

    • 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 135(3), 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).

  • (3) Subsection 140(5) of the Act is replaced by the following:

    • 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.

  • 554 (1) The portion of subsection 141(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Accessory powers

    • 141 (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

  • (2) Paragraph 141(1)(c) of the English version of the Act is replaced by the following:

    • (c) be accompanied or assisted by any person and bring any equipment that the Head deems necessary to carry out the Head’s duties;

  • (3) Paragraphs 141(1)(f) to (j) of the Act are replaced by the following:

    • (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

  • (4) Subsection 141(2) of the Act is replaced by the following:

    • 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.

  • (5) Subsection 141(3) of the English version of the Act is replaced by the following:

    • 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.

  • (6) Subsections 141(4) to (6) of the Act are replaced by the following:

    • 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.

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