Bill C-12
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| R.S., c. 26
(4th Supp.),
s. 3
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(2) The portion of subsection 137.2(2) of
the Act before paragraph (a) is replaced by
the following:
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| Approval of
methods,
machinery,
equipment
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(2) On the application of an employer, the
Commission or persons designated by the
Commission for the purposes of this
subsection may, if, in the opinion of the
Commission or those persons, protection of
the health and safety of employees would not
thereby be diminished,
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| R.S., c. 26
(4th Supp.),
s. 3
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(3) The portion of subsection 137.2(3) of
the Act before paragraph (a) is replaced by
the following:
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| Exemptions
and
substitutions
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(3) On the application of an employer, the
Commission may, if in its opinion protection
of the health and safety of employees would
not thereby be diminished, by order,
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| R.S., c. 9 (1st
Supp.), s. 4
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13. (1) Subsections 138(1) and (2) of the
Act are replaced by the following:
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| Special
committees
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138. (1) The Minister may appoint
committees of persons to assist or advise the
Minister on any matter that the Minister
considers advisable concerning occupational
health and safety related to employment to
which this Part applies.
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| Remunera- tion and expenses
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(1.1) At the discretion of the Minister,
persons appointed to those committees may be
paid the remuneration that may be fixed by the
Minister and, in accordance with any
applicable Treasury Board directives, 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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| Inquiries
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(2) The Minister may cause an inquiry to be
made into and concerning occupational health
and safety in any employment to which this
Part applies and may appoint one or more
persons to hold the inquiry.
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| R.S., c. 9 (1st
Supp.), s. 4
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(2) Subsection 138(5) of the Act is
replaced by the following:
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| Publication of
information
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(5) The Minister may publish the results of
any research undertaken under subsection (4)
and compile, prepare and disseminate data or
information bearing on health or safety of
employees obtained from that research or
otherwise.
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| R.S., c. 9 (1st
Supp.), s. 4,
c. 24 (3rd
Supp.), ss. 6,
7; 1993, c. 42,
ss. 9(F), 10;
1998, c. 26,
par. 59(k)(E),
s. 60(E)
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14. The heading before section 139 and
sections 139 to 148 of the Act are replaced
by the following:
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| Medical
surveillance
and
examination
programs
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139. (1) The Minister may undertake
medical surveillance and examination
programs with respect to occupational health
and safety and may, if the Minister considers
it appropriate, undertake those programs in
cooperation with any department or agency of
the Government of Canada or with any or all
of the provinces or any organization
undertaking similar programs.
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| Appointment
of medical
officers
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(2) The Minister may appoint any medical
practitioner qualified in occupational
medicine to undertake the medical
surveillance and examination programs.
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Health and Safety Officers |
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| Designation
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140. (1) The Minister may designate as a
regional health and safety officer or as a health
and safety officer for the purposes of this Part
any person who is qualified to perform the
duties of such an officer.
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| Agreements re
use of
provincial
employees as
officers
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(2) The Minister may, with the approval of
the Governor in Council, enter into an
agreement with any province or any
provincial body specifying the terms and
conditions under which a person employed by
that province or provincial body may act as a
health and safety officer for the purposes of
this Part and, if such an agreement has been
entered into, a person so employed and
referred to in the agreement is deemed to be
designated as a health and safety officer under
subsection (1).
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| Powers of
health and
safety officers
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141. (1) Subject to section 143.2, a health
and safety officer may, in carrying out the
officer's duties and at any reasonable time,
enter any work place controlled by an
employer and, in respect of any work place,
may
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| Officer not on
premises
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(2) A health and safety officer may issue a
direction under subsection (1) whether or not
the officer is in the work place at the time the
direction is issued.
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| Return of
material and
equipment
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(3) A health and safety officer who has,
under paragraph (1)(d), taken or removed
material or equipment for testing shall, if
requested by the person from whom it was
taken or removed, return the material or
equipment to the person after testing is
completed unless the material or equipment is
required for the purposes of a prosecution
under this Part.
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| Investigation
of deaths
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(4) A health and safety officer shall
investigate every death of an employee that
occurred in the work place or while the
employee was working, or that was the result
of an injury that occurred in the work place or
while the employee was working.
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| Investigation
of motor
vehicle
accidents
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(5) If the death results from a motor vehicle
accident on a public road, as part of the
investigation the health and safety officer
shall obtain a copy of any police report as soon
as possible after the accident.
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| Report by
officer
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(6) Within ten days after completing a
written report on the findings of an inquiry or
investigation, the health and safety officer
shall provide the employer and the work place
committee or the health and safety
representative with a copy of the report.
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| Certificate of
authority
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(7) The Minister shall provide every health
and safety officer with a certificate of
authority and, when carrying out duties under
this Part, the officer shall show the certificate
to any person who asks to see it.
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| Limitation of
liability
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(8) A health and safety officer is not
personally liable for anything done or omitted
to be done by the officer in good faith under
the authority or purported authority of this
Part.
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| Duty of Her
Majesty
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(9) Notwithstanding subsection (8), and for
greater certainty, Her Majesty in right of
Canada is not relieved of any civil liability to
which Her Majesty in right of Canada may
otherwise be subject.
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| Inspections
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141.1 (1) A health and safety officer shall
conduct an inspection of the work place in the
presence of
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| Inspection not
to be delayed
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(2) A health and safety officer may proceed
with an inspection in the absence of any
person mentioned in subsection (1) if that
person chooses not to be present.
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General Matters |
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| Duty to assist
officer
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142. The person in charge of a work place
and every person employed at, or in
connection with, a work place shall give every
appeals officer and health and safety officer
all reasonable assistance to enable them to
carry out their duties under this Part.
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| Obstruction
and false
statements
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143. No person shall obstruct or hinder, or
make a false or misleading statement either
orally or in writing to an appeals officer or a
health and safety officer engaged in carrying
out their duties under this Part.
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| Provision of
information
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143.1 No person shall prevent an employee
from providing information to an appeals
officer or a health and safety officer engaged
in carrying out their duties under this Part.
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| Permission
required for
access to
residence
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143.2 No person who carries out a duty
under this Part shall enter a work place that is
situated in an employee's residence without
the employee's permission.
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| Evidence in
civil suits
precluded
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144. (1) No health and safety officer or
person who has accompanied or assisted the
officer in carrying out the officer's duties
under this Part may be required to give
testimony in a civil suit with regard to
information obtained in the carrying out of
those duties or in accompanying or assisting
the officer, except with the written permission
of the Minister.
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| Appeals
officer
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(2) No appeals officer or person who has
accompanied or assisted the officer in
carrying out the officer's duties and functions
under this Part may be required to give
testimony in any proceeding with regard to
information obtained in the carrying out of
those duties and functions or in accompanying
or assisting the officer.
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| Non-disclosur
e of
information
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(3) Subject to subsection (4), no appeals
officer or health and safety officer who is
admitted to a work place under the powers
conferred on an officer by section 141 and no
person accompanying such an officer shall
disclose to any person any information
obtained in the work place by that officer or
person with regard to any secret process or
trade secret, except for the purposes of this
Part or as required by law.
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| Privileged
information
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(4) All information that, under the
Hazardous Materials Information Review Act,
an employer is exempt from disclosing under
paragraph 125.1(d) or (e) or under paragraph
13(a) or (b) or 14(a) or (b) of the Hazardous
Products Act and that is obtained in a work
place, by an appeals officer or a health and
safety officer who is admitted to the work
place, under section 141, or by a person
accompanying that officer, is privileged and,
notwithstanding the Access to Information Act
or any other Act or law, shall not be disclosed
to any other person except for the purposes of
this Part.
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| Information
not to be
published
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(5) No person shall, except for the purposes
of this Part or for the purposes of a prosecution
under this Part, publish or disclose the results
of an analysis, examination, testing, inquiry,
investigation or sampling made or taken by or
at the request of an appeals officer or a health
and safety officer under section 141.
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| Confidential
communi- cation
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(6) No person to whom information
obtained under section 141 is communicated
in confidence shall divulge the name of the
informant to any person except for the
purposes of this Part, and no such person is
competent or compellable to divulge the name
of the informant before any court or other
tribunal.
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Special Safety Measures |
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| Direction to
terminate
contravention
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145. (1) A health and safety officer who is
of the opinion that a provision of this Part is
being contravened or has recently been
contravened may direct the employer or
employee concerned, or both, to
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| Confirmation
in writing
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(1.1) A health and safety officer who has
issued a direction orally shall provide a
written version of it
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| Dangerous
situations -
direction to
employer
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(2) If a health and safety officer considers
that the use or operation of a machine or thing,
a condition in a place or the performance of an
activity constitutes a danger to an employee
while at work,
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| Dangerous
situations -
direction to
employee
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(2.1) If a health and safety officer considers
that the use or operation of a machine or thing
by an employee, a condition in a place or the
performance of an activity by an employee
constitutes a danger to the employee or to
another employee, the officer shall, in
addition to the directions issued under
paragraph (2)(a), issue a direction in writing to
the employee to discontinue the use, operation
or activity or cease to work in that place until
the employer has complied with the directions
issued under that paragraph.
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| Posting notice
of danger
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(3) If a health and safety officer issues a
direction under paragraph (2)(a), the officer
shall affix or cause to be affixed to or near the
place, machine or thing in respect of which the
direction is issued, or in the area in which the
activity in respect of which the direction is
issued is performed, a notice in the form and
containing the information that the Minister
may specify, and no person shall remove the
notice unless authorized to do so by a health
and safety officer.
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| Cessation of
use
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(4) If a health and safety officer issues a
direction under paragraph (2)(b) in respect of
a place, machine, thing or activity, the
employer shall cause the use or operation of
the place, machine or thing or the performance
of the activity to be discontinued, and no
person shall use or operate the place, machine
or thing or perform the activity until the
measures directed by the officer have been
taken.
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| Copies of
directions and
reports
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(5) If a health and safety officer issues a
direction under subsection (1) or (2) or makes
a report in writing to an employer on any
matter under this Part, the employer shall
without delay
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| Copy to
person who
made
complaint
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(6) If a health and safety officer issues a
direction under subsection (1), (2) or (2.1) or
makes a report referred to in subsection (5) in
respect of an investigation made by the officer
pursuant to a complaint, the officer shall
immediately give a copy of the direction or
report to each person, if any, whose complaint
led to the investigation.
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| Copy to
employer
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(7) If a health and safety officer issues a
direction to an employee under subsection (1)
or (2.1), the officer shall immediately give a
copy of the direction to the employee's
employer.
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| Response to
direction or
report
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(8) If a health and safety officer issues a
direction under subsection (1), (2) or (2.1) or
makes a report referred to in subsection (5),
the officer may require the employer or the
employee to whom the direction is issued or to
whom the report relates to respond in writing
to the direction or report, within the time that
the officer may specify. The employer or
employee shall provide a copy of the response
to the policy committee and a copy to the work
place committee or the health and safety
representative.
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