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Bill C-12

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TECHNICAL AMENDMENTS TO THE CANADA LABOUR CODE (PART I)

1999, c. 31, s. 158(1)(E)

23. Subsection 94(2) of the English version of the Canada Labour Code is amended by striking out the word ``or'' at the end of paragraph (a), by adding the word ``or'' at the end of paragraph (b) and by adding the following after paragraph (b):

    (c) express a personal point of view, so long as the employer does not use coercion, intimidation, threats, promises or undue influence.

1999, c. 31, s. 160(E)

24. Section 105 of the English version of the Act is renumbered as subsection 105(1) and is amended by adding the following:

Recommen-
dations

(2) At the request of the parties or the Minister, a mediator appointed pursuant to subsection (1) may make recommendations for settlement of the dispute or the difference.

PART 3

CONSEQUENTIAL AMENDMENTS, CONDITIONAL AMENDMENT AND COMING INTO FORCE

Consequential Amendments

R.S., c. A-1

Access to Information Act

25. Schedule II to the Access to Information Act is amended by replacing the reference to ``subsection 144(2)'' opposite the reference to ``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

26. 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

27. 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

28. 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

29. 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 Amendment

1997, c. 9

30. On the later of the day on which the Nuclear Safety and Control Act, chapter 9 of the Statutes of Canada, 1997, comes into force and the day on which section 21 of this Act comes into force, section 158 of the Canada Labour Code 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 federal work, undertaking or business 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, under the Nuclear Safety and Control Act.

Coming into Force

Coming into force

31. The provisions of this Act, except for Part 2, come into force on a day or days to be fixed by order of the Governor in Council.