Bill C-12
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Appeals of Decisions and Directions |
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Appointment
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145.1 (1) The Minister may designate as an
appeals officer for the purposes of this Part any
person who is qualified to perform the duties
of such an officer.
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Status
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(2) For the purposes of sections 146 to
146.5, an appeals officer has all of the powers,
duties and immunity of a health and safety
officer.
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Appeal of
direction
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146. (1) An employer, employee or trade
union that feels aggrieved by a direction
issued by a health and safety officer under this
Part may appeal the direction in writing to an
appeals officer within thirty days after the date
of the direction being issued or confirmed in
writing.
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Direction not
stayed
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(2) Unless otherwise ordered by an appeals
officer on application by the employer,
employee or trade union, an appeal of a
direction does not operate as a stay of the
direction.
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Inquiry
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146.1 (1) If an appeal is brought under
subsection 129(7) or section 146, the appeals
officer shall, in a summary way and without
delay, inquire into the circumstances of the
decision or direction, as the case may be, and
the reasons for it and may
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Decision and
reasons
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(2) The appeals officer shall provide a
written decision, with reasons, and a copy of
any direction to the employer, employee or
trade union concerned, and the employer
shall, without delay, give a copy of it to the
work place committee or health and safety
representative.
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Posting of
notice
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(3) If the appeals officer issues a direction
under paragraph (1)(b), the employer shall,
without delay, affix or cause to be affixed to or
near the machine, thing or place in respect of
which the direction is issued a notice of the
direction, in the form and containing the
information that the appeals officer may
specify, and no person may remove the notice
unless authorized to do so by the appeals
officer.
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Cessation of
use
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(4) If the appeals officer directs, under
paragraph (1)(b), that a machine, thing or
place not be used or an activity not be
performed until the direction is complied
with, no person may use the machine, thing or
place or perform the activity until the
direction is complied with, but nothing in this
subsection prevents the doing of anything
necessary for the proper compliance with the
direction.
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Powers
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146.2 For the purposes of a proceeding
under subsection 146.1(1), an appeals officer
may
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Decision final
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146.3 An appeals officer's decision is final
and shall not be questioned or reviewed in any
court.
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No review by
certiorari, etc.
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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 proceeding under this
Part.
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Wages
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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.
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Disciplinary Action |
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General
prohibition re
employer
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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
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Abuse of
rights
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147.1 (1) An employer may, after all the
investigations and appeals have been
exhausted by the employee who has exercised
rights under sections 128 and 129, take
disciplinary action against the employee who
the employer can demonstrate has wilfully
abused those rights.
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Written
reasons
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(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.
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Offences and Punishment |
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General
offence
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148. (1) Subject to this section, every
person who contravenes a provision of this
Part is guilty of an offence and liable
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If death or
injury
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(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
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Risk of death
or injury
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(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
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Defence
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(4) On a prosecution of a person for a
contravention of any provision of this Part,
except paragraphs 125(1)(c), (z.10) and (z.11),
it is a defence for the person to prove that the
person exercised due care and diligence to
avoid the contravention. However, no person
is liable to imprisonment on conviction for an
offence under any of paragraphs 125(1)(c),
(z.10) and (z.11).
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Presumption
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(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.
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R.S., c. 9 (1st
Supp.), s. 4
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15. Subsections 149(1) and (2) of the Act
are replaced by the following:
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Minister's
consent
required
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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.
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Officers and
senior
officials, etc.
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(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 of the following persons
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:
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R.S., c. 9 (1st
Supp.), s. 4
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16. Section 153 of the English version of
the Act is replaced by the following:
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Injunction
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153. The judge of a court to whom an
application under section 152 is made may, in
the judge's discretion, make the order applied
for under that section and the order may be
entered and enforced in the same manner as
any other order or judgment of that court.
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R.S., c. 24
(3rd Supp.),
s. 8
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17. Subsection 154(1) of the Act is
replaced by the following:
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Imprisonment
precluded in
certain cases
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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 in default of payment of any fine
imposed as punishment.
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1998, c. 26,
s. 57
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18. The portion of subsection 156(1) of
the Act before paragraph (a) is replaced by
the following:
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Complaint to
Board
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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
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19. The Act is amended by adding the
following after section 156:
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Fees |
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Fees for
services, etc.
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156.1 (1) The Governor in Council may, on
the recommendation of the Treasury Board,
fix the fees to be paid for services, facilities
and products provided by the Minister under
this Part or within the purpose of this Part.
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Amount not to
exceed cost
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(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.
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20. (1) Subsection 157(1) of the Act is
amended by striking out the word ``and'' at
the end of paragraph (a) and by adding the
following after that paragraph:
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R.S., c. 26
(4th Supp.),
s. 5(1)
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(2) Subsection 157(1.1) of the French
version of the Act is replaced by the
following:
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Pouvoirs du
gouverneur en
conseil
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(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 ses motifs
soient ou non signalés lors de la prise des
règlements.
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1996, c. 12,
s. 3
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21. Section 158 of the Act and the heading
before it are replaced by the following:
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Provincial
Crown
corporations
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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 Atomic Energy Control Act.
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Transitional Provision |
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Proceedings
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22. 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 section
shall be dealt with and disposed of in
accordance with that Act as if this Act had
not come into force.
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PART 2 |
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TECHNICAL AMENDMENTS TO THE CANADA LABOUR CODE (PART I) |
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1999, c. 31,
s. 158(1)(E)
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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):
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1999, c. 31,
s. 160(E)
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24. Section 105 of the English version of
the Act is renumbered as subsection 105(1)
and is amended by adding the following:
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Recommen- dations
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(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.
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