Bill C-12
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48-49 ELIZABETH II |
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CHAPTER 20 |
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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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[Assented to 29th June, 2000]
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PART 1 |
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R.S., c. L-2
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CANADA LABOUR CODE (PART II) |
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Amendments |
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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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OCCUPATIONAL HEALTH AND SAFETY |
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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Act are repealed.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French version of the Act is repealed.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'' « représen- tant »
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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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Methods of Communication |
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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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Exception
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(2) Paragraph (1)(z.17) does not apply to an
employer who controls
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