Policy Committees, Work Place Committees and Health and Safety Representatives Regulations (SOR/2015-164)

Interpretation

1 In these Regulations, Act means Part II of the Canada Labour Code.

General Application

1.2 These Regulations apply to any person who is not an employee but who performs for an employer to which these Regulations apply activities whose primary purpose is to enable the person to acquire knowledge or experience, and to the employer, as if that person were an employee of the employer, and every provision of these Regulations must be read accordingly.

PART 1Policy Committees and Work Place Committees

Application

2 This Part applies in respect of policy committees and work place committees.

Selection of Members

3 Employees who are not represented by a trade union must select members of a committee by a majority of votes.

Qualifications of Members Selected by the Employer

4 The members of a committee selected by the employer must be employees who exercise managerial functions.

Chairpersons

• 5 (1) The chairpersons of a committee who are selected in accordance with subsection 135.1(7) of the Act must act alternately.

• (2) The Chairpersons have the following responsibilities:

  • (a) scheduling the committee meetings and notifying the members of those meetings;

  • (b) preparing the agenda of each committee meeting;

  • (c) ensuring that each item under discussion at a committee meeting concludes with a decision; and

  • (d) ensuring that the committee carries out its functions.

Vacancy

6 If a committee member ceases to be a member and by reason of the vacancy the composition of the committee fails to meet the requirements of section 135.1 of the Act, a new member must be selected and appointed

• (a) in the case of a policy committee, within 60 days after the day on which the vacancy occurs; and

• (b) in the case of a work place committee, within 30 days after the day on which the vacancy occurs.

Quorum

7 A quorum of a committee consists of the majority of members, at least half of which are employee members and at least one of which is an employer member.

Minutes

• 8 (1) As soon as feasible after each committee meeting, the minutes must be provided to both chairpersons for their approval and the approval document, if any, must be attached to the minutes.

• (2) As soon as feasible after receiving the minutes and the approval document, the chairperson selected by the employer members of the committee must provide a copy of those documents to the employer and each member of the committee.

• (3) As soon as feasible after receiving a copy of the minutes and the approval document, the employer must provide a copy of them

  • (a) to the work place committee, in the case of minutes of a policy committee meeting; and

  • (b) to the policy committee, at its request, in the case of minutes of a work place committee meeting.

• (4) As soon as feasible after receiving a copy of the minutes and the approval document, the employer must make a copy of the minutes readily available to the employees for a period of one month.

• (5) The employer must keep a copy of the minutes and the approval document at the following locations for a period of two years after the day on which the meeting was held:

  • (a) in the case of a policy committee, at the employer’s head office; and

  • (b) in the case of a work place committee, at the employer’s head office or at the work place.

Annual Report on Work Place Committee Activities

• 9 (1) On or before March 1 each year, the chairperson selected by the employer members of the work place committee must submit to the Head of Compliance and Enforcement an annual report of the committee’s activities during the 12-month period ending on December 31 of the preceding year.

• (2) The report must be in the form set out in the schedule, contain the information set out in the form, and be signed by both chairpersons.

• (3) As soon as feasible after the report has been submitted, the employer must post a copy of it in the conspicuous place or places in which the employer posts the information referred to in paragraph 125(1)(z.17) or subsection 135(5) of the Act and keep the copy posted for a period of two months.

PART 2Health and Safety Representatives

Application

10 This Part applies in respect of health and safety representatives.

Selection of Representatives

11 Employees who are not represented by a trade union must select their health and safety representatives by a majority of votes.

Term of Office

12 The term of office of a health and safety representative is two years.

Vacancy

13 If a health and safety representative ceases to be a representative, the vacancy must be filled within 30 days after the day on which the vacancy occurred.

PART 3Health and Safety Training Program

Training

• 14 (1) For the purposes of paragraph 125(1)(z.01) of the Act, training for members of policy and work place committees and health and safety representatives must be developed by the employer after consultation with the committees or representatives concerned and must include the following aspects:

  • (a) the Act and any regulations made under it;

  • (b) the means that allow the committee members and the health and safety representatives to fulfill their responsibilities under the Act;

  • (c) the rules of each of the committees; and

  • (d) the principles of consensus building regarding health and safety issues.

• (2) The health and safety training program must be reviewed and updated at least once every three years, and whenever there is a change of circumstances that may affect the content of the training.

Repeal

15 [Repeal]

Coming into Force

16 These Regulations come into force on the day on which they are registered.