PART 4Various Measures (continued)
DIVISION 15Modernization of the Canada Labour Code (continued)
SUBDIVISION BHead of Compliance and Enforcement (continued)
561 Section 145.1 of the Act is 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 and the Head 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) to (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).
562 Subsection 146(1) of the Act is replaced by the following:
Marginal note:Appeal of direction
146 (1) An employer, employee or trade union that feels aggrieved by a direction issued by the Head 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.
563 Section 146.01 of the Act is replaced by the following:
Marginal note:Head informed of appeal
146.01 (1) The Board shall inform the Head 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 Head shall, on request of the Board, provide to the Board a copy of any document that the Head relied on for the purpose of making the decision or issuing the direction being appealed.
Marginal note:Documents provided to Head
(3) The Board shall, on request of the Head, provide to the Head a copy of any document that is filed with the Board in the appeal.
Marginal note:Power of Head
(4) The Head may, in an appeal, present evidence and make representations to the Board.
564 Subsection 146.1(2) of the Act is 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 Head, 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.
565 Section 152 of the Act is replaced by the following:
Marginal note:Injunction proceedings
152 The Head may apply or cause an application to be made to a judge of a superior court for an order enjoining any person from contravening a provision of this Part, whether or not a prosecution has been instituted for an offence under this Part, or enjoining any person from continuing any act or default for which the person was convicted of an offence under this Part.
566 Section 154.1 of the Act is replaced by the following:
154.1 The Head may, subject to the regulations, make public the name of an employer convicted of an offence under this Part, the nature of the offence, the punishment imposed and any other prescribed information.
Marginal note:Notice to provide information
155 (1) If a person is required to provide information for the purposes of this Part, the Head may require the information to be provided by a notice to that effect served personally or sent by registered mail addressed to the latest known address of the person, and the person shall comply with the notice within such reasonable time as is specified in it.
(2) The portion of subsection 155(2) of the Act before paragraph (a) is replaced by the following:
Marginal note:Proof of failure to provide information
(2) A certificate purporting to be signed by the Head or by a person authorized by the Head,
(3) Paragraph 155(2)(b) of the English version of the Act is replaced by the following:
(b) certifying that the information has not been provided as requested in the notice sent by the Head,
568 Subsection 157(6) of the Act is replaced by the following:
Marginal note:Compliance with standards
(6) Regulations made under this section that prescribe or incorporate a standard but that require the standard to be complied with only to the extent that compliance is practicable or reasonably practicable in circumstances governed by the standard may require the employer to report to the Head the reason that full compliance is not practicable or reasonably practicable in particular circumstances.
569 The definitions inspector and regional director in section 166 of the Act are repealed.
172.1 (1) If a work schedule is established, modified or cancelled under subsection 170(2) or 172(2), any affected employee may, within ninety days after the new schedule or its modification or cancellation takes effect, request that the Head conduct a vote to determine whether seventy per cent of the affected employees approve the new schedule or its modification or cancellation.
Marginal note:Duty of Head
(2) If a request is made under subsection (1), the Head must conduct a secret vote to determine the percentage of the affected employees that approves the new schedule or the modification or cancellation.
(2) Subsection 172.1(4) to (6) of the Act are replaced by the following:
Marginal note:Counting of ballots
(4) The Head must count the ballots in the presence of a representative chosen by the affected employees and a representative chosen by the employer.
Marginal note:Communication of result of vote
(5) The Head must inform the employer, by written notice, of the result.
Marginal note:Effect of non-approval
(6) If the result of the vote indicates that less than 70% of the affected employees approve the new schedule or its modification or cancellation, the employer must comply with the result of the vote within 30 days after being informed of that result by the Head.
(3) Subsection 172.1(8) of the Act is replaced by the following:
Marginal note:Excess hours under permit
176 (1) On the application of an employer or an employer’s organization, the Head, having regard to the conditions of employment in any industrial establishment and the welfare of the employees, may, by a permit in writing, authorize hours to be worked by any class of employees set out in the permit in excess of the maximum hours of work specified in or prescribed under section 171, established under section 172 or prescribed by regulations made under section 175.
Marginal note:Justifying permit
(2) No permit may be issued under subsection (1) unless the applicant has satisfied the Head
(a) that exceptional circumstances exist that justify the working of additional hours;
(b) that the employer had posted a notice of the application for the permit, for at least 30 days before its proposed effective date, in places readily accessible to the affected class of employees where they were likely to see it; and
(c) that the employer had informed the trade union in writing of the application for the permit, if those employees are represented by a trade union.
(2) Subsection 176(5) of the Act is replaced by the following:
(5) If a permit has been issued under this section, the employer for whom or on whose behalf the permit was issued shall report in writing to the Head, within 15 days after the expiration of the period specified in the permit or within such time as the Head may fix in the permit, stating the number of employees who worked in excess of the maximum hours specified in or prescribed under section 171 or by regulations made under section 175 and the number of additional hours each of them worked.
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