Bill C-97

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First Reading

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	(i) decide any matter without holding an oral hearing; and
	(j) order that a hearing be conducted using a means of telecommunication that permits the parties and the officer to communicate with each other simultaneously.
Decision final	146.3 An appeals officer's decision is final and shall not be questioned or reviewed in any court.
No review by certiorari, etc.	146.4 No order may be made, process entered or proceeding taken in any court, whether by way of injunction, certiorari, prohibition, quo warranto or otherwise, to question, review, prohibit or restrain an appeals officer in any proceedings under this Part.
Wages	146.5 An employee who is a party to a proceeding under subsection 146.1(1) and who attends at the proceeding or any employee who has been summoned by an appeals officer to attend at such a proceeding and who attends, is entitled to be paid by the employer at the employee's regular rate of wages for the time spent at the proceeding that would otherwise have been time at work.
	Disciplinary Action
General prohibition re employer	147. No employer shall dismiss, suspend, lay off or demote an employee, impose a financial or other penalty on an employee, or refuse to pay an employee remuneration in respect of any period that the employee would, but for the exercise of the employee's rights under this Part, have worked, or take any disciplinary action against or threaten to take any such action against an employee because the employee
	(a) has testified or is about to testify in a proceeding taken or an inquiry held under this Part;
	(b) has provided information to a person engaged in the performance of duties under this Part regarding the conditions of work affecting the health or safety of the employee or of any other employee of the employer ; or
	(c) has acted in accordance with this Part or has sought the enforcement of any of the provisions of this Part.
Abuse of rights	147.1 (1) If an employee exercises rights under section 128 or 129 while knowing that no circumstances exist that would warrant it, the employer may, after all investigations and appeals have been exhausted by the employee under those sections, take disciplinary action against the employee.
Written reasons	(2) The employer must provide the employee with written reasons for any disciplinary action within fifteen working days after receiving a request from the employee to do so.
	Offences and Punishment
General offence	148. (1) Subject to this section, every person who contravenes a provision of this Part is guilty of an offence and liable
	(a) on conviction on indictment, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than two years, or to both; or
	(b) on summary conviction, to a fine of not more than $100,000 .
If death or injury	(2) Every person who contravenes a provision of this Part the direct result of which is the death of, serious illness of or serious injury to an employee is guilty of an offence and liable
	(a) on conviction on indictment, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than two years, or to both; or
	(b) on summary conviction, to a fine of not more than $1,000,000 .
Risk of death or injury	(3) Every person who wilfully contravenes a provision of this Part knowing that the contravention is likely to cause the death of, serious illness of or serious injury to an employee is guilty of an offence and liable
	(a) on conviction on indictment, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than two years, or to both ; or
	(b) on summary conviction, to a fine of not more than $1,000,000 .
Defence	(4) On a prosecution of a person for a contravention of any provision of this Part, except paragraphs 125(1)(c) and (z.3) and 125.1(f) , it is a defence for the person to prove that the person exercised due care and diligence to avoid the contravention.
Standards, etc., deemed to be prescribed	(5) For the purposes of this section, if regulations are made under subsection 157(1.1) in relation to health or safety matters referred to in a paragraph of any of sections 125 to 126 by which a standard or other thing is to be prescribed, that standard or other thing is deemed to be prescribed within the meaning of that paragraph.
R.S., c. 9 (1st Supp.), s. 4	15. Subsections 149(1) and (2) of the Act are replaced by the following:
Minister's consent required	149. (1) No proceeding in respect of an offence under this Part may be instituted except with the consent of the Minister or a person designated by the Minister .
Officers and senior officials, etc.	(2) If a corporation or a department or other portion of the public service of Canada to which this Part applies commits an offence under this Part, any officer, director, agent or mandatary of the corporation or senior official of or other person exercising managerial or supervisory functions in the department or portion of the public service who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and liable on conviction to the punishment provided for the offence, whether or not the corporation, department or portion of the public service has been prosecuted or convicted.
R.S., c. 24 (3rd Supp.), s. 8	16. Subsection 154(1) of the Act is replaced by the following:
Imprison- ment precluded in certain cases	154. (1) If a person is convicted of an offence under this Part on proceedings by way of summary conviction, no imprisonment may be imposed as punishment for the offence or in default of payment of any fine imposed as punishment.
R.S., c. 9(1st Supp.), s. 4	17. The portion of subsection 156(1) of the Act before paragraph (a) is replaced by the following:
Complaint to Board	156. (1) Notwithstanding subsection 14(1), any member of the Board may dispose of any complaint made to the Board under this Part and, in relation to any complaint so made, any member
	18. The Act is amended by adding the following after section 156:
	Fees
Fees for services, etc.	156.1 (1) The Governor in Council may, on the recommendation of the Treasury Board, fix the fees to be paid for the provision of non-mandatory services, facilities and products or with respect to non-mandatory regulatory processes, approvals, rights and privileges under this Part or within the purpose of this Part.
Amount not to exceed cost	(2) Fees fixed under subsection (1) may not exceed the costs to Her Majesty in right of Canada in respect of those items or matters.
R.S., c. 26 (4th Supp.), s. 5(1)	19. Subsection 157(1.1) of the French version of the Act is replaced by the following:
Pouvoirs du gouverneur en conseil	(1.1) Le gouverneur en conseil peut, par règlement, pour réglementer ce qui doit l'être aux termes de l'un des alinéas des articles 125 à 126, régir de la manière qu'il estime justifiée dans les circonstances les questions de santé et de sécurité visées à cet alinéa, que son avis soit ou non signalé lors de la prise des règlements.
1996, c. 12, s. 3	20. Section 158 of the Act and the heading before it are replaced by the following:
Provincial Crown corporations	158. The Governor in Council may by regulation direct that this Part applies in respect of any employment, or any class or classes of employment, on or in connection with a work or undertaking set out in the regulation that is, or is part of, a corporation that is an agent of Her Majesty in right of a province, including a corporation whose activities are regulated, in whole or in part, pursuant to the Atomic Energy Control Act.
	TRANSITIONAL PROVISION
Proceedings	21. Proceedings commenced under section 130, 133 or 146 of the Canada Labour Code and not finally disposed of before the coming into force of this Act shall be dealt with and disposed of in accordance with that Act as if this Act had not come into force.
	CONSEQUENTIAL AMENDMENTS
R.S., c. A-1	Access to Information Act
	22. Schedule II to the Access to Information Act is amended by replacing the reference to ``subsection 144(2)'' opposite the reference to the ``Canada Labour Code'' with a reference to ``subsection 144(3)''.
R.S., c. 24 (3rd Supp.), Part III	Hazardous Materials Information Review Act
1996, c. 11, s. 60	*23. Paragraph 46(2)(c) of the Hazardous Materials Information Review Act* is replaced by the following:**
	(c) any official of the Department of Human Resources Development, or any appeals officer, health and safety officer or regional health and safety officer within the meaning of subsection 122(1) of the Canada Labour Code, for the purposes of the administration or enforcement of Part II of that Act;
R.S., c. N-7	National Energy Board Act
1994, c. 10, s. 19	*24. Subsection 9(4) of the National Energy Board Act* is replaced by the following:**
Health and safety officers	(4) Any officer or employee appointed as provided in subsection (1) may be designated as a regional health and safety officer or as a health and safety officer for the purposes of Part II of the Canada Labour Code.
R.S., c. 15 (4th Supp.)	Non-smokers' Health Act
1989, c. 7, s. 1	*25. The definition ``inspector'' in subsection 2(1) of the Non-smokers' Health Act* is replaced by the following:**
``inspector'' « inspecteur »	``inspector'' means a person who is designated as an inspector pursuant to section 9, and includes a health and safety officer as defined in subsection 122(1) of the Canada Labour Code;
1989, c. 7, s. 1	26. Subsections 3(6) and (7) of the Act are replaced by the following:
Consultation	(6) No employer shall designate a room or area for smoking under subsection (2) in a work place, other than on an aircraft, train, motor vehicle or ship that is carrying passengers, until after the employer has consulted with the work place committee or health and safety representative in respect of that work place or, if there is no such committee or representative, with the employees employed there.
Expressions used in Canada Labour Code	(7) In subsection (6), the expressions ``work place committee'', ``health and safety representative'' and ``work place'' have the same meaning as in Part II of the Canada Labour Code.
	CONDITIONAL AMENDMENTS
Bill C-66	27. If Bill C-66, introduced in the second session of the thirty-fifth Parliament and entitled An Act to amend the Canada Labour Code (Part I) and the Corporations and Labour Unions Returns Act and to make consequential amendments to other Acts, is assented to, then
	(a) if section 57 of that Act comes into force before the day on which this Act comes into force, then, on the day on which this Act comes into force,
	(i) section 17 of this Act is repealed, and
	*(ii) the portion of subsection 156(1) of the Canada Labour Code* before paragraph (a), as enacted by section 57 of that Act, is replaced by the following:**
Complaint to Board	156. (1) Despite subsection 14(1), the Chairperson or a Vice-Chairperson of the Board, or a member of the Board appointed under paragraph 9(2)(e), may dispose of any complaint made to the Board under this Part and, in relation to any complaint so made, that person
	(b) if this Act comes into force before the day on which section 57 of that Act comes into force, then, on the day on which that section comes into force,
	(i) section 57 of that Act is repealed, and
	*(ii) the portion of subsection 156(1) of the Canada Labour Code* before paragraph (a), as enacted by section 17 of this Act, is replaced by the following:**
Complaint to Board	156. (1) Despite subsection 14(1), the Chairperson or a Vice-Chairperson of the Board, or a member of the Board appointed under paragraph 9(2)(e), may dispose of any complaint made to the Board under this Part and, in relation to any complaint so made, that person
1997, c. 9	*28. (1) If the Nuclear Safety and Control Act* comes into force before the day on which this Act comes into force, then, on the day on which this Act comes into force,**
	(a) section 20 of this Act is repealed; and
	*(b) section 158 of the Canada Labour Code, as enacted by paragraph 125(1)(c) of that Act, and the heading before it are replaced by the following:*
Provincial Crown corporations	158. The Governor in Council may, by regulation, direct that this Part applies in respect of any employment, or any class or classes of employment, on or in connection with a work or undertaking set out in the regulation that is, or is part of, a corporation that is an agent of Her Majesty in right of a province, including a corporation whose activities are regulated, in whole or in part, pursuant to the Nuclear Safety and Control Act.
1997, c. 9	*(2) If this Act comes into force before the day on which the Nuclear Safety and Control Act* comes into force, then, on the day on which that Act comes into force,**
	(a) paragraph 125(1)(c) of that Act is repealed; and
	*(b) section 158 of the Canada Labour Code, as enacted by section 20 of this Act, is replaced by the following:*
Provincial Crown corporations	158. The Governor in Council may, by regulation, direct that this Part applies in respect of any employment, or any class or classes of employment, on or in connection with a work or undertaking set out in the regulation that is, or is part of, a corporation that is an agent of Her Majesty in right of a province, including a corporation whose activities are regulated, in whole or in part, pursuant to the Nuclear Safety and Control Act.