Bill C-12
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Information
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(8) A work place committee, in respect of
the work place for which it is established, may
request from an employer any information
that the committee considers necessary to
identify existing or potential hazards with
respect to materials, processes, equipment or
activities.
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Access
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(9) A work place committee, in respect of
the work place for which it is established, shall
have full access to all of the government and
employer reports, studies and tests relating to
the health and safety of the employees, or to
the parts of those reports, studies and tests that
relate to the health and safety of employees,
but shall not have access to the medical
records of any person except with the person's
consent.
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Meetings of
committee
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(10) A work place committee shall meet
during regular working hours at least nine
times a year at regular intervals and, if other
meetings are required as a result of an
emergency or other special circumstances, the
committee shall meet as required during
regular working hours or outside those hours.
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Provisions Common to Policy Committees and Work Place Committees |
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Appointment
of members
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135.1 (1) Subject to this section, a policy
committee or a work place committee shall
consist of at least two persons and at least half
of the members shall be employees who
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Exception -
policy
committee
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(2) Despite subsection (1) and if provided in
a collective agreement or other agreement, the
members of a policy committee may include
persons who are not employees.
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Exception -
work place
committee
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(3) If there is no policy committee, a work
place committee may, when dealing with an
issue that would have come within the
responsibilities of a policy committee, select
two additional members. Unless otherwise
provided in a collective agreement or other
agreement, one of the additional members
shall be an employee who meets the criteria
set out in paragraphs (1)(a) and (b).
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Notification
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(4) If a trade union fails to select a person
under subparagraph (1)(b)(ii), a health and
safety officer may notify in writing the local
branch of the trade union, and shall send a
copy of any such notification to the trade
union's national or international headquarters
and to the employer, indicating that the
committee is not established until a person is
selected in accordance with subparagraph
(1)(b)(ii).
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Failure to
select
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(5) If no person is selected under paragraph
(1)(b), the employer shall perform the
functions of the committee until a person is
selected and the committee is established.
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Alternate
members
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(6) The employer and employees may
select alternate members to serve as
replacements for members selected by them
who are unable to perform their functions.
Alternate members for employee members
shall meet the criteria set out in paragraphs
(1)(a) and (b).
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Chairpersons
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(7) A committee shall have two
chairpersons selected from among the
committee members. One of the chairpersons
shall be selected by the employee members
and the other shall be selected by the employer
members.
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Chairpersons
to assign
functions
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(8) The chairpersons of a committee shall
jointly designate members of the committee to
perform the functions of the committee under
this Part as follows:
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Records
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(9) A committee shall ensure that accurate
records are kept of all of the matters that come
before it and that minutes are kept of its
meetings. The committee shall make the
minutes and records available to a health and
safety officer at the officer's request.
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Time required
for duties
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(10) The members of a committee are
entitled to take the time required, during their
regular working hours,
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Payment of
wages
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(11) A committee member shall be
compensated by the employer for the
functions described in paragraphs (10)(a) and
(b), whether performed during or outside the
member's regular working hours, at the
member's regular rate of pay or premium rate
of pay, as specified in the collective agreement
or, if there is no collective agreement, in
accordance with the employer's policy.
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Wages for
alternate
members
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(12) Subsections (10) and (11) apply to
alternate members only while they are
actually performing the functions of the
committee member they are replacing.
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Limitation of
liability
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(13) No person serving as a member of a
committee is personally liable for anything
done or omitted to be done by the person in
good faith under the authority or purported
authority of this Part.
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Committee
may establish
rules
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(14) Subject to subsections 134.1(7) and
135(10) and any regulations made under
subsection 135.2(1), a committee shall
establish its own rules of procedure in respect
of the terms of office, not exceeding two years,
of its members and the time, place and
frequency of regular meetings of the
committee and may establish any rules of
procedure for its operation that it considers
advisable.
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Regulations
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135.2 (1) The Governor in Council may
make regulations
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Regulation
may be
general or
specific
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(2) A regulation made under subsection (1)
may be made applicable generally to all
committees or particularly to one or more
committees or classes of committees.
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Health and Safety Representatives |
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Appointment
of health and
safety
representa- tive
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136. (1) Every employer shall, for each
work place controlled by the employer at
which fewer than twenty employees are
normally employed or for which an employer
is not required to establish a work place
committee, appoint the person selected in
accordance with subsection (2) as the health
and safety representative for that work place.
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Selection of
person to be
appointed
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(2) The health and safety representative for
a work place shall be selected as follows:
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The employees or the trade union shall advise
the employer in writing of the name of the
person so selected.
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Notification
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(3) If a trade union fails to select a person
under subsection (2), a health and safety
officer may so notify in writing the local
branch of the trade union. The officer shall
send a copy of the notification to the trade
union's national or international headquarters
and to the employer.
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Failure to
select a
representa- tive
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(4) The employer shall perform the
functions of the health and safety
representative until a person is selected under
subsection (2).
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Duties of
representa- tive
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(5) A health and safety representative, in
respect of the work place for which the
representative is appointed,
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Information
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(6) A health and safety representative, in
respect of the work place for which the
representative is appointed, may request from
an employer any information that the
representative considers necessary to identify
existing or potential hazards with respect to
materials, processes, equipment or activities.
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Access
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(7) A health and safety representative, in
respect of the work place for which the
representative is appointed, shall have full
access to all of the government and employer
reports, studies and tests relating to the health
and safety of employees, or to the parts of
those reports, studies and tests that relate to the
health and safety of employees, but shall not
have access to the medical records of any
person except with the person's consent.
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Time required
for duties
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(8) A health and safety representative is
entitled to take the time required, during their
regular working hours,
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Payment of
wages
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(9) A health and safety representative shall
be compensated by the employer for the
functions described in paragraphs (8)(a) and
(b), whether performed during or outside the
representative's regular working hours, at the
representative's regular rate of pay or
premium rate of pay, as specified in the
collective agreement or, if there is no
collective agreement, in accordance with the
employer's policy.
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Limitation of
liability
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(10) No health and safety representative is
personally liable for anything done or omitted
to be done by the representative in good faith
under the authority or purported authority of
this section.
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Regulations
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(11) The Governor in Council may make
regulations specifying
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Committees
or representa- tives for certain work places
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137. Notwithstanding sections 135 and 136,
if an employer controls more than one work
place referred to in section 135 or 136 or the
size or nature of the operations of the
employer or those of the work place precludes
the effective functioning of a single work
place committee or health and safety
representative, as the case may be, for those
work places, the employer shall, subject to the
approval or in accordance with the direction of
a health and safety officer, establish or appoint
in accordance with section 135 or 136, as the
case may require, a work place committee or
health and safety representative for the work
places that are specified in the approval or
direction.
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R.S., c. 26
(4th Supp.),
s. 3; 1998, c.
26, par.
59(j)(E)
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11. (1) Subsections 137.1(1) to (6) of the
Act are replaced by the following:
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Establish- ment of Commission
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137.1 (1) There is hereby established a Coal
Mining Safety Commission, in this section
referred to as the ``Commission'' consisting
of, subject to subsection (2.1), not more than
five members to be appointed by the Minister
to hold office during pleasure.
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Members of
Commission
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(2) One member of the Commission shall be
designated chairperson of the Commission by
the Minister and the others shall be equally
representative of the non-supervisory
employees employed in coal mines and of the
employers of those employees.
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Alternate
chairperson
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(2.1) The Minister may appoint, by order,
and under the terms and conditions specified
in the order, any person as an alternate
chairperson to act in the absence or incapacity
of the chairperson. An alternate chairperson,
while acting as chairperson, has all of the
powers, duties and immunity of the
chairperson.
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Selection and
tenure
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(3) The manner of selection of the members
of the Commission, other than the chairperson
and an alternate chairperson, and the term of
office of the members of the Commission shall
be such as may be prescribed.
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Quorum
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(4) A quorum of the Commission consists of
the chairperson or alternate chairperson, one
member representative of non-supervisory
employees and one member representative of
employers.
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Health and
safety officers
ineligible
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(5) No health and safety officer is eligible to
be appointed to the Commission or as
alternate chairperson under subsection (2.1),
or to be designated for the purposes of
subsection 137.2(1) or (2).
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Remunera- tion
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(6) The members of the Commission,
including an alternate chairperson, shall be
paid the remuneration that may be fixed by the
Governor in Council and, subject to the
approval of the Treasury Board, any
reasonable travel and living expenses that are
incurred by them while performing their
functions away from their ordinary place of
residence.
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For greater
certainty
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(2) For greater certainty, members of the
Coal Mining Safety Commission who hold
office immediately before the coming into
force of this section continue in office
during good behaviour for the remainder of
their term, but may be removed by the
Minister for cause.
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R.S., c. 26
(4th Supp.),
s. 3
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12. (1) Subsection 137.2(1) of the Act is
replaced by the following:
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Approval of
plans,
procedures
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137.2 (1) The Commission or persons
designated by the Commission for the
purposes of this subsection may approve in
writing, with or without modification, plans or
procedures submitted in accordance with
paragraph 125.3(1)(d).
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