Bill C-12
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R.S., c. 24
(3rd Supp.),
s. 5
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6. (1) The portion of section 125.1 of the
Act before paragraph (a) is replaced by the
following:
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Further
specific duties
of employer
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125.1 Without restricting the generality of
section 124 or limiting the duties of an
employer under section 125 but subject to any
exceptions that may be prescribed, 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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R.S., c. 24
(3rd Supp.),
s. 5
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(2) Paragraphs 125.1(a) to (c) of the
French version of the Act are replaced by
the following:
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R.S., c. 24
(3rd Supp.),
s. 5; 1993, c.
42, s. 5(F)
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(3) Section 125.1 of the Act is amended by
striking out the word ``and'' at the end of
paragraph (d) and by replacing paragraph
(e) with the following:
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R.S., c. 24
(3rd Supp.),
s. 5
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7. Subsection 125.2(1) of the Act is
replaced by the following:
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Employer to
provide
information in
emergency
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125.2 (1) An 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 that activity, provide, in
respect of any controlled product to which an
employee may be exposed, as soon as is
practicable in the circumstances, any
information referred to in paragraph 125.1(e)
that is in the employer's possession to any
physician or other prescribed medical
professional who requests that information for
the purpose of making a medical diagnosis of,
or rendering medical treatment to, an
employee in an emergency.
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R.S., c. 9 (1st
Supp.), s. 4;
1993, c. 42,
s. 6(F)
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8. Section 126 of the Act is replaced by the
following:
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Health and
safety matters
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126. (1) While at work, every employee
shall
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No relief of
employer's
duties
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(2) Nothing in subsection (1) relieves an
employer from any duty imposed on the
employer under this Part.
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Limitation of
liability
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(3) No employee is personally liable for
anything done or omitted to be done in good
faith by the employee when the employee is
assisting the employer, as requested by the
employer, in providing first-aid or in carrying
out any other emergency measures.
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R.S., c. 9 (1st
Supp.), s. 4
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9. The portion of subsection 127(1) of the
Act before paragraph (a) is replaced by the
following:
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Interference at
accident scene
prohibited
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127. (1) Subject to subsection (2), if an
employee is killed or seriously injured in a
work place, no person shall, unless authorized
to do so by a health and safety officer, remove
or in any way interfere with or disturb any
wreckage, article or thing related to the
incident except to the extent necessary to
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R.S., c. 9 (1st
Supp.), s. 4,
c. 26 (4th
Supp.), s. 2;
1993, c. 42,
ss. 7(F), 8(F)
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10. Sections 128 to 137 of the Act are
replaced by the following:
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Internal Complaint Resolution Process |
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Complaint to
supervisor
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127.1 (1) An employee who believes on
reasonable grounds that there has been a
contravention of this Part or that there is likely
to be an accident or injury to health arising out
of, linked with or occurring in the course of
employment shall, before exercising any other
recourse available under this Part, except the
rights conferred by sections 128, 129 and 132,
make a complaint to the employee's
supervisor.
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Resolve
complaint
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(2) The employee and the supervisor shall
try to resolve the complaint between
themselves as soon as possible.
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Investigation
of complaint
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(3) The employee or the supervisor may
refer an unresolved complaint to a chairperson
of the work place committee or to the health
and safety representative to be investigated
jointly
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Notice
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(4) The persons who investigate the
complaint shall inform the employee and the
employer in writing, in the form and manner
prescribed if any is prescribed, of the results of
the investigation.
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Recommen- dations
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(5) The persons who investigate a
complaint may make recommendations to the
employer with respect to the situation that
gave rise to the complaint, whether or not they
conclude that the complaint is justified.
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Employer's
duty
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(6) If the persons who investigate the
complaint conclude that the complaint is
justified, the employer, on being informed of
the results of the investigation, shall in writing
and without delay inform the persons who
investigated the complaint of how and when
the employer will resolve the matter, and the
employer shall resolve the matter accordingly.
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Stoppage of
activity
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(7) If the persons who investigate the
complaint conclude that a danger exists as
described in subsection 128(1), the employer
shall, on receipt of a written notice, ensure that
no employee use or operate the machine or
thing, work in the place or perform the activity
that constituted the danger until the situation
is rectified.
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Referral to
health and
safety officer
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(8) The employee or employer may refer a
complaint that there has been a contravention
of this Part to a health and safety officer in the
following circumstances:
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Investigation
by health and
safety officer
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(9) The health and safety officer shall
investigate, or cause another health and safety
officer to investigate, the complaint referred
to the officer under subsection (8).
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Duty and
power of
health and
safety officer
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(10) On completion of the investigation, the
health and safety officer
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Interpreta- tion
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(11) For greater certainty, nothing in this
section limits a health and safety officer's
authority under section 145.
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Refusal to
work if
danger
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128. (1) Subject to this section, an
employee may refuse to use or operate a
machine or thing, to work in a place or to
perform an activity, if the employee while at
work has reasonable cause to believe that
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No refusal
permitted in
certain
dangerous
circumstances
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(2) An employee may not, under this
section, refuse to use or operate a machine or
thing, to work in a place or to perform an
activity if
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Employees on
ships and
aircraft
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(3) If an employee on a ship or an aircraft
that is in operation has reasonable cause to
believe that
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the employee shall immediately notify the
person in charge of the ship or aircraft of the
circumstances of the danger and the person in
charge shall, as soon as is practicable after
having been so notified, having regard to the
safe operation of the ship or aircraft, decide
whether the employee may discontinue the
use or operation of the machine or thing or
cease working in that place or performing that
activity and shall inform the employee
accordingly.
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No refusal
permitted in
certain cases
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(4) An employee who, under subsection (3),
is informed that the employee may not
discontinue the use or operation of a machine
or thing or cease to work in a place or perform
an activity shall not, while the ship or aircraft
on which the employee is employed is in
operation, refuse under this section to use or
operate the machine or thing, work in that
place or perform that activity.
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When ship or
aircraft in
operation
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(5) For the purposes of subsections (3) and
(4),
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Report to
employer
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(6) An employee who refuses to use or
operate a machine or thing, work in a place or
perform an activity under subsection (1), or
who is prevented from acting in accordance
with that subsection by subsection (4), shall
report the circumstances of the matter to the
employer without delay.
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Select a
remedy
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(7) Where an employee makes a report
under subsection (6), the employee, if there is
a collective agreement in place that provides
for a redress mechanism in circumstances
described in this section, shall inform the
employer, in the prescribed manner and time
if any is prescribed, whether the employee
intends to exercise recourse under the
agreement or this section. The selection of
recourse is irrevocable unless the employer
and employee agree otherwise.
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Employer to
take
immediate
action
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(8) If the employer agrees that a danger
exists, the employer shall take immediate
action to protect employees from the danger.
The employer shall inform the work place
committee or the health and safety
representative of the matter and the action
taken to resolve it.
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Continued
refusal
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(9) If the matter is not resolved under
subsection (8), the employee may, if otherwise
entitled to under this section, continue the
refusal and the employee shall without delay
report the circumstances of the matter to the
employer and to the work place committee or
the health and safety representative.
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Investigation
of report
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(10) An employer shall, immediately after
being informed of the continued refusal under
subsection (9), investigate the matter in the
presence of the employee who reported it and
of
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If more than
one report
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(11) If more than one employee has made a
report of a similar nature under subsection (9),
those employees may designate one employee
from among themselves to be present at the
investigation.
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Absence of
employee
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(12) An employer may proceed with an
investigation in the absence of the employee
who reported the matter if that employee or a
person designated under subsection (11)
chooses not to be present.
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Continued
refusal to
work
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(13) If an employer disputes a matter
reported under subsection (9) or takes steps to
protect employees from the danger, and the
employee has reasonable cause to believe that
the danger continues to exist, the employee
may continue to refuse to use or operate the
machine or thing, work in that place or
perform that activity. On being informed of
the continued refusal, the employer shall
notify a health and safety officer.
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Notification
of steps to
eliminate
danger
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(14) An employer shall inform the work
place committee or the health and safety
representative of any steps taken by the
employer under subsection (13).
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Employees on
shift during
work
stoppage
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128.1 (1) Unless otherwise provided in a
collective agreement or other agreement,
employees who are affected by a stoppage of
work arising from the application of section
127.1, 128 or 129 or subsection 145(2) are
deemed, for the purpose of calculating wages
and benefits, to be at work during the stoppage
until work resumes or until the end of the
scheduled work period or shift, whichever
period is shorter.
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