Canada Labour Code

Marginal note:Direction to terminate contravention

• 145 (1) If the Head is of the opinion that a provision of this Part is being contravened or has recently been contravened, the Head may direct the employer or employee concerned, or both, to

  • (a) terminate the contravention within the time that the officer may specify; and

  • (b) take steps, as specified by the Head and within the time that the Head may specify, to ensure that the contravention does not continue or re-occur.

• Marginal note:Confirmation in writing

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

  • (a) before the Head leaves the work place, if the Head was in the work place when the direction was issued; or

  • (b) as soon as possible by mail, or by facsimile or other electronic means, in any other case.

• Marginal note:Dangerous situations  — direction to employer

  (2) If the Head 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,

  • (a) the Head 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 Head specifies, to take measures to

    • (i) correct the hazard or condition or alter the activity that constitutes the danger, or

    • (ii) protect any person from the danger; and

  • (b) the Head may, if the Head 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 Head’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:Dangerous situations  — direction to employee

  (2.1) If the Head 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 Head 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 Head issues a direction under paragraph (2)(a), the Head 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 Head may specify, and no person shall remove the notice unless authorized to do so by the Head.

• Marginal note:Cessation of use

  (4) If the Head 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 Head have been taken.

• Marginal note:Copies of directions and reports

  (5) If the Head 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;

  • (b) give a copy of the direction or report to the policy committee and a copy to the work place committee or the health and safety representative.

• Marginal note:Copy to person who made complaint

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

• Marginal note:Response to direction or report

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