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Economic Action Plan 2013 Act, No. 2 (S.C. 2013, c. 40)

Assented to 2013-12-12

Marginal note:2000, c. 20, s. 14
  •  (1) The portion of subsection 145(1) of the Act before paragraph (a) is replaced by the following:

    Marginal note:Direction to terminate contravention
    • 145. (1) If the Minister is of the opinion that a provision of this Part is being contravened or has recently been contravened, the Minister may direct the employer or employee concerned, or both, to

  • Marginal note:2000, c. 20, s. 14

    (2) The portion of subsection 145(1.1) of the English version of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Confirmation in writing

      (1.1) If the Minister has issued a direction orally, the Minister shall provide a written version of it

  • Marginal note:2000, c. 20, s. 14

    (3) The portion of subsection 145(2) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Dangerous situations  — direction to employer

      (2) If the Minister 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,

  • Marginal note:2000, c. 20, s. 14

    (4) The portion of paragraph 145(2)(a) of the English version of the Act before subparagraph (i) is replaced by the following:

    • (a) the Minister shall notify the employer of the danger and issue directions in writing to the employer directing the employer, immediately or within the period that the Minister specifies, to take measures to

  • Marginal note:2000, c. 20, s. 14

    (5) Paragraph 145(2)(b) of the English version of the Act is replaced by the following:

    • (b) the Minister may, if the Minister considers that the danger or the hazard, condition or activity that constitutes the danger cannot otherwise be corrected, altered or protected against immediately, issue a direction in writing to the employer directing that the place, machine, thing or activity in respect of which the direction is issued not be used, operated or performed, as the case may be, until the Minister’s directions are complied with, but nothing in this paragraph prevents the doing of anything necessary for the proper compliance with the direction.

  • Marginal note:2000, c. 20, s. 14

    (6) Subsections 145(2.1) to (4) of the Act are replaced by the following:

    • Marginal note:Dangerous situations  — direction to employee

      (2.1) If the Minister 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 Minister 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.

    • Marginal note:Posting notice of danger

      (3) If the Minister issues a direction under paragraph (2)(a), the Minister 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 of danger 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 the Minister.

    • Marginal note:Cessation of use

      (4) If the Minister issues a direction under paragraph (2)(b) in respect of a place, machine, thing or activity, the employer shall cause the use of the place, the use or operation of the machine or thing or the performance of the activity to be discontinued, and no person shall use or operate the machine or thing, work in that place or perform the activity until the measures directed by the Minister have been taken.

  • Marginal note:2000, c. 20, s. 14

    (7) The portion of subsection 145(5) of the Act before paragraph (b) is replaced by the following:

    • Marginal note:Copies of directions and reports

      (5) If the Minister issues a direction in writing 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

      • (a) cause a copy or copies of the direction or report to be posted in a conspicuous place accessible to every employee;

  • Marginal note:2000, c. 20, s. 14

    (8) Subsections 145(6) to (8) of the Act are replaced by the following:

    • Marginal note:Copy to person who made complaint

      (6) If the Minister 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 Minister following a complaint, the Minister shall immediately provide a copy of the direction or report to each person, if any, whose complaint led to the investigation.

    • Marginal note:Copy to employer

      (7) If the Minister issues a direction to an employee under subsection (1) or (2.1), the Minister shall immediately provide a copy of the direction to the employee’s employer.

    • Marginal note:Response to direction or report

      (8) If the Minister issues a direction under subsection (1), (2) or (2.1) or makes a report referred to in subsection (5), the Minister 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 Minister 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.

Marginal note:2000, c. 20, s. 14

 Subsection 145.1(2) of the Act is replaced by the following:

  • Marginal note:Status

    (2) For the purposes of sections 146 to 146.5, an appeals officer has all of the powers, duties and functions of the Minister under this Part, except for those referred to in subsection (1), section 130, subsections 135(3), 137.1(1) to (2.1), and (7) to (9), 137.2(4), 138(1) to (2) and (4) to (6), 140(1), (2) and (4), 144(1) and 149(1), sections 152 and 155 and subsections 156.1(1), 157(3) and 159(2).

  • Marginal note:Limitation of liability

    (3) An appeals 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.

Marginal note:2000, c. 20, s. 14

 Subsection 146(1) of the Act is replaced by the following:

Marginal note:Appeal of direction
  • 146. (1) An employer, employee or trade union that feels aggrieved by a direction issued by the Minister under this Part may appeal the direction in writing to an appeals officer within 30 days after the date of the direction being issued or confirmed in writing.

Marginal note:R.S., c. 26 (4th Supp.), s. 5(4); 1993, c. 42, s. 11(3)(F)

 Subsection 157(6) of the Act is replaced by the following:

  • Marginal note:Compliance with standards

    (6) Regulations made under this section that prescribe or incorporate a standard but that require the standard to be complied with only to the extent that compliance is practicable or reasonably practicable in circumstances governed by the standard may require the employer to report to the Minister the reason that full compliance is not practicable or reasonably practicable in particular circumstances.

Transitional Provisions

Marginal note:Pending proceedings
  •  (1) The Canada Labour Code, as it read immediately before the coming into force of this section, applies to

    • (a) any proceedings  —  commenced before that coming into force  —  with respect to which a health and safety officer or a regional health and safety officer may exercise powers or perform duties or functions under Part II of that Act, as it read immediately before that coming into force; and

    • (b) any procedure  —  commenced before that coming into force  —  relating to a refusal to work commenced under sections 128 to 129 of that Act, as it read immediately before that coming into force.

  • Marginal note:Appeal

    (2) With respect to directions issued by a health and safety officer under Part II of the Canada Labour Code, an employer, employee or trade union that feels aggrieved by a direction may appeal the direction in writing to an appeals officer within 30 days after the date of the direction being issued or confirmed in writing. The appeal is deemed to have been brought under subsection 146(1) of that Act.

  • Marginal note:Health and safety officers

    (3) For the purposes of subsection (1), health and safety officers or regional health and safety officers designated under subsection 140(1) of the Canada Labour Code, as it read immediately before the coming into force of this section, continue to act, respectively, as health and safety officers or regional health and safety officers.

Consequential Amendments

R.S., c. N-7National Energy Board Act

Marginal note:2000, c. 20, s. 27

 Subsection 9(4) of the National Energy Board Act is repealed.

R.S., c. 24 (3rd Supp.), Part IIIHazardous Materials Information Review Act

Marginal note:2000, c. 20, s. 26; 2005, c. 34, par. 79(d)

 Paragraph 46(2)(c) of the Hazardous Materials Information Review Act is replaced by the following:

  • (c) any official of the Department of Employment and Social Development, any appeals officer within the meaning of subsection 122(1) of the Canada Labour Code, or any person to whom powers, duties or functions have been delegated by the Minister of Labour under subsection 140(1) of that Act, or under an agreement entered into under subsection 140(2), of that Act, for the purposes of the administration or enforcement of Part II of that Act;

R.S., c. 15 (4th Supp.)Non-smokers’ Health Act

Marginal note:2000, c. 20, s. 28

 The definition “inspector” in subsection 2(1) of the Non-smokers’ Health Act is replaced by the following:

“inspector”

« inspecteur »

“inspector” means a person who is designated as an inspector under section 9;

 
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