1991, c. 47Insurance Companies Act

170. Section 493 of the Insurance Companies Act is amended by adding the following after subsection (5):

171. Section 552 of the Act is amended by adding the following after subsection (4):

172. Section 969 of the Act is amended by adding the following after subsection (4):

1991, c. 48Cooperative Credit Associations Act

173. Section 388 of the Cooperative Credit Associations Act is amended by adding the following after subsection (5):

Division 4Passports

R.S., c. C-46Criminal Code

Marginal note:1995, c. 5, par. 25(1)(g)

174. Subsection 57(5) of the Criminal Code is replaced by the following:

2013, c. 33, s. 174Amendment to the Department of Foreign Affairs, Trade and Development Act

175. Paragraph 11(1)(a) of the Department of Foreign Affairs, Trade and Development Act is replaced by the following:

Division 5R.S., c. L-2Canada Labour Code

Amendments to the Act

Marginal note:2000, c. 20, s. 2(5)

• 176. (1) The definitions “health and safety officer” and “regional health and safety officer” in subsection 122(1) of the Canada Labour Code are repealed.

• Marginal note:2000, c. 20, s. 2(3)

  (2) The definition “danger” in subsection 122(1) of the Act is replaced by the following:

  “danger”

  « danger »

  “danger” means any hazard, condition or activity that could reasonably be expected to be an imminent or serious threat to the life or health of a person exposed to it before the hazard or condition can be corrected or the activity altered;

Marginal note:2000, c. 20, s. 5

• 177. (1) The portion of paragraph 125(1)(d) of the Act before subparagraph (i) is replaced by the following:

  • (d) post in a conspicuous place accessible to every employee

• Marginal note:2000, c. 20, s. 5

  (2) Subparagraph 125(1)(d)(iii) of the Act is replaced by the following:

  • (iii) any other printed material related to health and safety that is prescribed or that may be directed by the Minister;

• Marginal note:2000, c. 20, s. 5

  (3) Paragraph 125(1)(x) of the Act is replaced by the following:

  • (x) comply with every oral or written direction given to the employer by the Minister or an appeals officer concerning the health and safety of employees;

Marginal note:2000, c. 20, s. 8

178. Paragraph 126(1)(i) of the Act is replaced by the following:

Marginal note:2000, c. 20, s. 9

179. The portion of subsection 127(1) of the Act before paragraph (a) is replaced by the following:

Marginal note:2000, c. 20, s. 10

• 180. (1) Subsection 127.1(7) of the Act is repealed.

• Marginal note:2000, c. 20, s. 10

  (2) The portion of subsection 127.1(8) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Referral to the Minister

    (8) The employee or employer may refer a complaint that there has been a contravention of this Part to the Minister in the following circumstances:

• Marginal note:2000, c. 20, s. 10

  (3) Subsection 127.1(9) of the Act is replaced by the following:

  • Marginal note:Investigation

    (9) The Minister shall investigate the complaint referred to in subsection (8).

• Marginal note:2000, c. 20, s. 10

  (4) The portion of subsection 127.1(10) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Duty and power of Minister

    (10) On completion of the investigation, the Minister

• Marginal note:2000, c. 20, s. 10

  (5) Paragraphs 127.1(10)(b) and (c) of the English version of the Act are replaced by the following:

  • (b) may, if in the Minister’s opinion it is appropriate, recommend that the employee and employer resolve the matter between themselves; or

  • (c) shall, if the Minister concludes that a danger exists as described in subsection 128(1), issue directions under subsection 145(2).

• Marginal note:2000, c. 20, s. 10

  (6) Subsection 127.1(11) of the Act is replaced by the following:

  • Marginal note:Interpretation

    (11) For greater certainty, nothing in this section limits the Minister’s authority under section 145.

Marginal note:2000, c. 20, s. 10

• 181. (1) Subsection 128(8) of the Act is replaced by the following:

  • Marginal note:Investigation by employer

    (7.1) The employer shall, immediately after being informed of a refusal under subsection (6), investigate the matter in the presence of the employee who reported it. Immediately after concluding the investigation, the employer shall prepare a written report setting out the results of the investigation.

  • Marginal note:Employer to take immediate action

    (8) If, following its investigation, 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.

• Marginal note:2000, c. 20, s. 10

  (2) Subsection 128(10) of the Act is replaced by the following:

  • Marginal note:Investigation of continued refusal

    (10) If the work place committee receives a report under subsection (9), it shall designate, to investigate the matter immediately in the presence of the employee who reported it, two members of the committee, namely, one employee member from those chosen under paragraph 135.1(1)(b) and one employer member who is not from those chosen under that paragraph. If the health and safety representative receives a report under subsection (9), they shall immediately investigate the matter in the presence of the employee who reported it and a person who is designated by the employer.

  • Marginal note:Report

    (10.1) Immediately after concluding the investigation, the members of the work place committee designated under subsection (10) or the health and safety representative shall provide a written report to the employer that sets out the results of the investigation and their recommendations, if any.

  • Marginal note:Additional information

    (10.2) After receiving a report under subsection (10.1) or under this subsection, the employer may provide the members of the work place committee or the health and safety representative with additional information and request that they reconsider their report taking into consideration that additional information. If the work place committee members or the health and safety representative considers it appropriate, they may provide a revised report to the employer.

• Marginal note:2000, c. 20, s. 10

  (3) Subsection 128(11) of the English version of the Act is replaced by the following:

  • Marginal note:If more than one report

    (11) If more than one employee has made a report of a similar nature, those employees may designate one employee from among themselves to be present at the investigation.

• Marginal note:2000, c. 20, s. 10

  (4) Subsections 128(12) to (14) of the Act are replaced by the following:

  • Marginal note:Absence of employee

    (12) The employer, the members of a work place committee or the health and safety representative may proceed with their 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.

  • Marginal note:Decision of employer

    (13) After receiving a report under subsection (10.1) or (10.2) and taking into account any recommendations in it, the employer, if it does not intend to provide additional information under subsection (10.2), shall make one of the following decisions:

    • (a) agree that a danger exists;

    • (b) agree that a danger exists but consider that the circumstances provided for in paragraph (2)(a) or (b) apply;

    • (c) determine that a danger does not exist.

  • Marginal note:Decision  — paragraph (13)(a)

    (14) If the employer agrees that a danger exists under paragraph (13)(a), 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.

  • Marginal note:Decision  — paragraph (13)(b) or (c)

    (15) If the employer makes a decision under paragraph (13)(b) or (c), the employer shall notify the employee in writing. If the employee disagrees with the employer’s decision, the employee is entitled to continue the refusal, subject to subsections 129(1.2), (1.3), (6) and (7).

  • Marginal note:Information to Minister

    (16) If the employee continues the refusal under subsection (15), the employer shall immediately inform the Minister and the work place committee or the health and safety representative of its decision and the continued refusal. The employer shall also provide a copy of the report on the matter prepared under subsection (7.1) to the Minister along with a copy of any report referred to in subsection (10.1) or (10.2).

Marginal note:2000, c. 20, s. 10

• 182. (1) Subsection 129(1) of the Act is replaced by the following:

  Marginal note:Minister’s investigation

  • 129. (1) If the Minister is informed of the employer’s decision and the continued refusal under subsection 128(16), the Minister shall investigate the matter unless the Minister is of the opinion that

    • (a) the matter is one that could more appropriately be dealt with, initially or completely, by means of a procedure provided for under Part I or III or under another Act of Parliament;

    • (b) the matter is trivial, frivolous or vexatious; or

    • (c) the continued refusal by the employee under 128(15) is in bad faith.

  • Marginal note:Notices of decision not to investigate

    (1.1) If the Minister does not proceed with an investigation, the Minister shall inform the employer and the employee in writing, as soon as feasible, of that decision. The employer shall then inform in writing, as the case may be, the members of the work place committee who were designated under subsection 128(10) or the health and safety representative and the person who is designated by the employer under that subsection of the Minister’s decision.

  • Marginal note:Return to work

    (1.2) On being informed of the Minister’s decision not to proceed with an investigation, the employee is no longer entitled to continue their refusal under subsection 128(15).

  • Marginal note:Refusal of work during investigation

    (1.3) If the Minister proceeds with an investigation, the employee may continue to refuse, for the duration of the investigation, to use or operate the machine or thing, to work in the place or to perform the activity that may constitute a danger.

  • Marginal note:Persons present during the investigation

    (1.4) If the Minister proceeds with an investigation, the Minister may do so in the presence of the employer, the employee and one other person who is

    • (a) an employee member of the work place committee;

    • (b) the health and safety representative; or

    • (c) if a person mentioned in paragraph (a) or (b) is not available, another employee from the work place who is designated by the employee.

• Marginal note:2000, c. 20, s. 10

  (2) Subsection 129(2) of the French version of the Act is replaced by the following:

  • Marginal note:Rapports multiples

    (2) Si l’enquête touche plusieurs employés, ceux-ci peuvent désigner l’un d’entre eux pour agir en leur nom dans le cadre de l’enquête.

• Marginal note:2000, c. 20, s. 10

  (3) Subsections 129(3) and (4) of the Act are replaced by the following:

  • Marginal note:Absence of any person

    (3) The Minister may proceed with an investigation in the absence of any person mentioned in subsection (1.4) or (2) if that person chooses not to be present.

  • Marginal note:Precedent

    (3.1) During the Minister’s investigation, the Minister shall verify if there are previous or ongoing investigations in relation to the same employer that involve substantially the same issues and may

    • (a) if there was a previous investigation, rely on the findings of that investigation to decide whether a danger exists; or

    • (b) if there is an ongoing investigation, combine that investigation with the investigation the Minister is conducting and issue a single decision.

  • Marginal note:Decision of Minister

    (4) The Minister shall, on completion of an investigation made under subsection (1), make one of the decisions referred to in paragraphs 128(13)(a) to (c) and shall immediately give written notification of the decision to the employer and the employee.

• Marginal note:2000, c. 20, s. 10

  (4) The portion of subsection 129(5) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Continuation of work

    (5) If the employee has exercised their right under subsection (1.3), the employer may, during the investigation and until the Minister has issued a decision, require that the employee concerned remain at a safe location near the place in respect of which the investigation is being made or assign the employee reasonable alternative work, and shall not assign any other employee to use or operate the machine or thing, work in that place or perform the activity referred to in subsection (1) unless

• Marginal note:2000, c. 20, s. 10

  (5) Subsections 129(6) and (7) of the Act are replaced by the following:

  • Marginal note:Directions by Minister

    (6) If the Minister makes a decision referred to in paragraph 128(13)(a), the Minister shall issue the directions under subsection 145(2) that the Minister considers appropriate, and an employee may continue to refuse to use or operate the machine or thing, work in that place or perform that activity until the directions are complied with or until they are varied or rescinded under this Part.

  • Marginal note:Appeal

    (7) If the Minister makes a decision referred to in paragraph 128(13) (b) or (c), the employee is not entitled under section 128 or this section to continue to refuse to use or operate the machine or thing, work in that place or perform that activity, but the employee, or a person designated by the employee for the purpose, may appeal the decision, in writing, to an appeals officer within 10 days after receiving notice of the decision.