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2nd Session, 36th Parliament,
48-49 Elizabeth II, 1999-2000
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The House of Commons of Canada
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BILL C-12
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An Act to amend the Canada Labour Code
(Part II) in respect of occupational health
and safety, to make technical
amendments to the Canada Labour Code
(Part I) and to make consequential
amendments to other Acts
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Her Majesty, by and with the advice and
consent of the Senate and House of Commons
of Canada, enacts as follows:
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| R.S., c. L-2
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| R.S., c. 9 (1st
Supp.), s. 1
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1. The heading of Part II of the Canada
Labour Code is replaced by the following:
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| R.S., c. 9 (1st
Supp.), s. 1
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2. (1) The definitions ``regional safety
officer'', ``safety and health committee'',
``safety and health representative'' and
``safety officer'' in subsection 122(1) of the
Act are repealed.
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| R.S., c. 24
(3rd Supp.),
s. 3(1)
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(2) The definition ``substance
hasardeuse'' in subsection 122(1) of the
French version of the Act is repealed.
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| R.S., c. 9 (1st
Supp.), s. 1
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(3) The definition ``danger'' in subsection
122(1) of the Act is replaced by the
following:
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``danger''
« danger »
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``danger'' means any existing or potential
hazard or condition or any current or future
activity that could reasonably be expected
to cause injury or illness to a person exposed
to it before the hazard or condition can be
corrected, or the activity altered, whether or
not the injury or illness occurs immediately
after the exposure to the hazard, condition
or activity, and includes any exposure to a
hazardous substance that is likely to result
in a chronic illness, in disease or in damage
to the reproductive system;
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| 1993, c. 42,
s. 3
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(4) The definition ``prescribe'' in
subsection 122(1) of the Act is replaced by
the following:
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``prescribe''
« règlement »
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``prescribe'' means prescribe by regulation of
the Governor in Council or determine in
accordance with rules prescribed by
regulation of the Governor in Council;
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(5) Subsection 122(1) of the Act is
amended by adding the following in
alphabetical order:
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``appeals
officer''
« agent
d'appel »
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``appeals officer'' means a person who is
designated as an appeals officer under
section 145.1;
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``health and
safety
officer''
« agent de
santé et de
sécurité »
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``health and safety officer'' means a person
who is designated as a health and safety
officer under section 140;
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``health and
safety
representa-
tive''
« représentant
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``health and safety representative'' means a
person who is appointed as a health and
safety representative under section 136;
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``policy
committee''
« comité
d'orientation
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``policy committee'' means a policy health
and safety committee established under
section 134.1;
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``regional
health and
safety
officer''
« agent
régional de
santé et de
sécurité »l
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``regional health and safety officer'' means a
person who is designated as a regional
health and safety officer under section 140;
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``safety''
« sécurité »
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``safety'' means protection from danger and
hazards arising out of, linked with or
occurring in the course of employment;
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``work place
committee''
« comité
local »
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``work place committee'' means a work place
health and safety committee established
under section 135.
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(6) Subsection 122(1) of the French
version of the Act is amended by adding the
following in alphabetical order:
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« substance
dangereuse »
``hazardous
substance''
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« substance dangereuse » Sont assimilés à des
substances dangereuses les agents
chimiques, biologiques ou physiques dont
une propriété présente un risque pour la
santé ou la sécurité de quiconque y est
exposé, ainsi que les produits contrôlés.
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3. The Act is amended by adding the
following after section 122.1:
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| Preventive
measures
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122.2 Preventive measures should consist
first of the elimination of hazards, then the
reduction of hazards and finally, the provision
of personal protective equipment, clothing,
devices or materials, all with the goal of
ensuring the health and safety of employees.
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| Rights of
Employees
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122.3 (1) An employee with a special need
shall be given any direction, notice,
information, instruction or training that is
required to be given to employees under this
Part by any method of communication that
readily permits the employee to receive it,
including braille, large print, audio tape,
computer disk, sign language and verbal
communication.
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| Meaning of
``special
need''
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(2) For the purposes of this section, an
employee has a special need if the employee
is affected by a condition that impairs their
ability to receive any direction, notice,
information, instruction or training given by a
method that would otherwise be sufficient
under this Part.
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| R.S., c. 9 (1st
Supp.), s. 2
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4. Subsection 123(2) of the Act is replaced
by the following:
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| Application to
public service
of Canada
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(2) This Part applies to the public service of
Canada and to persons employed in the public
service of Canada to the extent provided for
under section 11 of the Financial
Administration Act.
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| R.S., c. 9 (1st
Supp.), s. 4,
c. 24 (3rd
Supp.), s. 4;
1993, c. 42,
s. 4(F)
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5. Sections 124 and 125 of the Act are
replaced by the following:
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| General duty
of employer
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124. Every employer shall ensure that the
health and safety at work of every person
employed by the employer is protected.
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| Specific
duties of
employer
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125. (1) Without restricting the generality
of section 124, every employer shall, in
respect of every work place controlled by the
employer and, in respect of every work
activity carried out by an employee in a work
place that is not controlled by the employer, to
the extent that the employer controls the
activity,
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(a) ensure that all permanent and temporary
buildings and structures meet the
prescribed standards;
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(b) install guards, guard-rails, barricades
and fences in accordance with prescribed
standards;
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(c) investigate, record and report in the
manner and to the authorities as prescribed
all accidents, occupational diseases and
other hazardous occurrences known to the
employer;
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(d) post at a place accessible to every
employee and at every place directed by a
health and safety officer
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(ii) a statement of the employer's general
policy concerning the health and safety at
work of employees, and
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(iii) any other printed material related to
health and safety that may be directed by
a health and safety officer or that is
prescribed;
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(e) make readily available to employees for
examination, in printed or electronic form,
a copy of the regulations made under this
Part that apply to the work place;
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(f) if a copy of the regulations is made
available in electronic form, provide
appropriate training to employees to enable
them to have access to the regulations and,
on the request of an employee, make a
printed copy of the regulations available;
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(g) keep and maintain in prescribed form
and manner prescribed health and safety
records;
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(h) provide prescribed first-aid facilities
and health services;
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(i) provide prescribed sanitary and personal
facilities;
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(j) provide, in accordance with prescribed
standards, potable water;
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(k) ensure that the vehicles and mobile
equipment used by the employees in the
course of their employment meet
prescribed standards;
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(l) provide every person granted access to
the work place by the employer with
prescribed safety materials, equipment,
devices and clothing;
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(m) ensure that the use, operation and
maintenance of the following are in
accordance with prescribed standards:
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(i) boilers and pressure vessels,
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(ii) escalators, elevators and other
devices for moving persons or freight,
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(iii) all equipment for the generation,
distribution or use of electricity,
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(iv) gas or oil burning equipment or other
heat generating equipment, and
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(v) heating, ventilation and
air-conditioning systems;
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(n) ensure that the levels of ventilation,
lighting, temperature, humidity, sound and
vibration are in accordance with prescribed
standards;
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(o) comply with prescribed standards
relating to fire safety and emergency
measures;
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(p) ensure, in the prescribed manner, that
employees have safe entry to, exit from and
occupancy of the work place;
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(q) provide, in the prescribed manner, each
employee with the information, instruction,
training and supervision necessary to
ensure their health and safety at work;
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(r) maintain all installed guards,
guard-rails, barricades and fences in
accordance with prescribed standards;
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(s) ensure that each employee is made
aware of every known or foreseeable health
or safety hazard in the area where the
employee works;
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(t) ensure that the machinery, equipment
and tools used by the employees in the
course of their employment meet
prescribed health, safety and ergonomic
standards and are safe under all conditions
of their intended use;
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(u) ensure that the work place, work spaces
and procedures meet prescribed ergonomic
standards;
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(v) adopt and implement prescribed safety
codes and safety standards;
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(w) ensure that every person granted access
to the work place by the employer is
familiar with and uses in the prescribed
circumstances and manner all prescribed
safety materials, equipment, devices and
clothing;
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(x) comply with every oral or written
direction given to the employer by an
appeals officer or a health and safety officer
concerning the health and safety of
employees;
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(y) ensure that the activities of every person
granted access to the work place do not
endanger the health and safety of
employees;
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(z) ensure that employees who have
supervisory or managerial responsibilities
are adequately trained in health and safety
and are informed of the responsibilities they
have under this Part where they act on
behalf of their employer;
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(z.01) ensure that members of policy and
work place committees and health and
safety representatives receive the
prescribed training in health and safety and
are informed of their responsibilities under
this Part;
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(z.02) respond as soon as possible to reports
made by employees under paragraph
126(1)(g);
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(z.03) develop, implement and monitor, in
consultation with the policy committee or,
if there is no policy committee, with the
work place committee or the health and
safety representative, a prescribed program
for the prevention of hazards in the work
place appropriate to its size and the nature
of the hazards in it that also provides for the
education of employees in health and safety
matters;
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(z.04) where the program referred to in
paragraph (z.03) does not cover certain
hazards unique to a work place, develop,
implement and monitor, in consultation
with the work place committee or the health
and safety representative, a prescribed
program for the prevention of those hazards
that also provides for the education of
employees in health and safety matters
related to those hazards;
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(z.05) consult the policy committee or, if
there is no policy committee, the work
place committee or the health and safety
representative to plan the implementation
of changes that might affect occupational
health and safety, including work processes
and procedures;
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(z.06) consult the work place committee or
the health and safety representative in the
implementation of changes that might
affect occupational health and safety,
including work processes and procedures;
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(z.07) ensure the availability in the work
place of premises, equipment and personnel
necessary for the operation of the policy and
work place committees;
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(z.08) cooperate with the policy and work
place committees or the health and safety
representative in the execution of their
duties under this Part;
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(z.09) develop health and safety policies
and programs in consultation with the
policy committee or, if there is no policy
committee, with the work place committee
or the health and safety representative;
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(z.10) respond in writing to
recommendations made by the policy and
work place committees or the health and
safety representative within thirty days
after receiving them, indicating what, if
any, action will be taken and when it will be
taken;
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(z.11) provide to the policy committee, if
any, and to the work place committee or the
health and safety representative, a copy of
any report on hazards in the work place,
including an assessment of those hazards;
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(z.12) ensure that the work place committee
or the health and safety representative
inspects each month all or part of the work
place, so that every part of the work place
is inspected at least once each year;
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(z.13) when necessary, develop, implement
and monitor a program for the provision of
personal protective equipment, clothing,
devices or materials, in consultation, except
in emergencies, with the policy committee
or, if there is no policy committee, with the
work place committee or the health and
safety representative;
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(z.14) take all reasonable care to ensure that
all of the persons granted access to the work
place, other than the employer's
employees, are informed of every known or
foreseeable health or safety hazard to which
they are likely to be exposed in the work
place;
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(z.15) meet with the health and safety
representative as necessary to address
health and safety matters;
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(z.16) take the prescribed steps to prevent
and protect against violence in the work
place;
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(z.17) post and keep posted, in a
conspicuous place or places where they are
likely to come to the attention of
employees, the names, work place
telephone numbers and work locations of
all of the members of work place
committees or of the health and safety
representative;
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(z.18) provide, within thirty days after
receiving a request, or as soon as possible
after that, the information requested from
the employer by a policy committee under
subsection 134.1(5) or (6), by a work place
committee under subsection 135(8) or (9) or
by a health and safety representative under
subsection 136(6) or (7); and
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(z.19) consult with the work place
committee or the health and safety
representative on the implementation and
monitoring of programs developed in
consultation with the policy committee.
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(2) Paragraph (1)(z.17) does not apply to an
employer who controls
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(a) a single work place at which fewer than
twenty employees are normally employed,
if all of those employees and the health and
safety representative normally work at the
same time and in the same location; or
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