GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Labour Code — L-2 134.1
Establishment mandatory 134.1 (1) For the purposes of addressing health and safety matters that apply to the work, undertaking or business of an employer, every employer who normally employs directly three hundred or more employees shall establish a policy health and safety committee and, subject to section 135.1, select and appoint its members. Exception (2) An employer who normally employs directly more than twenty but fewer than three hundred employees may also establish a policy committee. More than one committee (3) An employer may establish more than one policy committee with the agreement of (a) the trade union, if any, representing the employees; and (b) the employees, in the case of employees not represented by a trade union. Duties of policy committee (4) A policy committee (a) shall participate in the development of health and safety policies and programs; (b) shall consider and expeditiously dispose of matters concerning health and safety raised by members of the committee or referred to it by a work place committee or a health and safety representative; (c) shall participate in the development and monitoring of a program for the prevention of hazards in the work place that also provides for the education of employees in health and safety matters; (d) shall participate to the extent that it considers necessary in inquiries, investigations, studies and inspections pertaining to occupational health and safety; (e) shall participate in the development and monitoring of a program for the provision of personal protective equipment, clothing, devices or materials; (f) shall cooperate with the Head; (g) shall monitor data on work accidents, injuries and health hazards; and (h) shall participate in the planning of the implementation and in the implementation of changes that might affect occupational health and safety, including work processes and procedures. Investigation — harassment and violence (4.1) Despite paragraph (4)(d), a policy committee shall not participate in an investigation, other than an investigation under section 128 or 129, relating to an occurrence of harassment and violence in the work place. Information (5) A policy committee may request from an employer any information that the committee considers necessary to identify existing or potential hazards with respect to materials, processes, equipment or activities in any of the employer’s work places. Access (6) A policy committee shall have full access to all of the government and employer reports, studies and tests relating to the health and safety of employees in the work place, or to the parts of those reports, studies and tests that relate to the health and safety of employees, but shall not have access to the medical records of any person except with the person’s consent. Meetings of committee (7) A policy committee shall meet during regular working hours at least quarterly and, if other meetings are required as a result of an emergency or other special circumstances, the committee shall meet as required during regular working hours or outside those hours. 2000, c. 20, s. 10; 2013, c. 40, s. 184 2018, c. 22, s. 6 2018, c. 27, s. 546
Canada Labour Code — L-2 135
es and regularly monitor data relating to those accidents, injuries and hazards; (h) shall cooperate with the Head; (i) shall participate in the implementation of changes that might affect occupational health and safety, including work processes and procedures and, where there is no policy committee, shall participate in the planning of the implementation of those changes; (j) shall assist the employer in investigating and assessing the exposure of employees to hazardous substances; (k) shall inspect each month all or part of the work place, so that every part of the work place is inspected at least once each year; and (l) where there is no policy committee, shall participate in the development of health and safety policies and programs. Investigation — harassment and violence (7.1) Despite paragraph (7)(e), a work place committee shall not participate in an investigation, other than an investigation under section 128 or 129, relating to an occurrence of harassment and violence in the work place. Information (8) A work place committee, in respect of the work place for which it is established, may request from an employer any information that the committee considers necessary to identify existing or potential hazards with respect to materials, processes, equipment or activities. Access (9) A work place committee, in respect of the work place for which it is established, shall have full access to all of the government and employer reports, studies and tests relating to the health and safety of the employees, or to the parts of those reports, studies and tests that relate to the health and safety of employees, but shall not have access to the medical records of any person except with the person’s consent. Meetings of committee (10) A work place committee shall meet during regular working hours at least nine times a year at regular intervals and, if other meetings are required as a result of an emergency or other special circumstances, the committee shall meet as required during regular working hours or outside those hours. R.S., 1985, c. L-2, s. 135; R.S., 1985, c. 9 (1st Supp.), s. 4, c. 26 (4th Supp.), s. 2; 1993, c. 42, s. 8(F); 2000, c. 20, s. 10; 2013, c. 40, s. 185 2018, c. 22, s. 7 2018, c. 27, s. 547 2018, c. 27, s. 623
Canada Labour Code — L-2 135.1
anything done or omitted to be done by the person in good faith under the authority or purported authority of this Part. Committee may establish rules (14) Subject to subsections 134.1(7) and 135(10) and any regulations made under subsection 135.2(1), a committee shall establish its own rules of procedure in respect of the terms of office, not exceeding two years, of its members and the time, place and frequency of regular meetings of the committee and may establish any rules of procedure for its operation that it considers advisable. 2000, c. 20, s. 10; 2013, c. 40, s. 186 2018, c. 27, s. 548
Canada Labour Code — L-2 135.11
Information likely to reveal identity 135.11 (1) Neither the Head nor an employer shall, without the person’s consent, provide, under this Part, a policy committee or a work place committee with any information that is likely to reveal the identity of a person who was involved in an occurrence of harassment and violence in the work place. Neither a policy committee nor a work place committee shall have access to that information without the person’s consent. Exception (2) Subsection (1) does not apply with respect to (a) information provided under section 128 or 129 or a direction or report relating to the application of those sections; or (b) a decision, reasons or a direction referred to in subsection 146.1(2). 2018, c. 22, s. 8 2018, c. 27, s. 623
Canada Labour Code — L-2 135.2
Regulations 135.2 (1) The Governor in Council may make regulations (a) specifying the qualifications and terms of office of members of a committee; (b) specifying the time and place of regular meetings of a committee; (c) specifying the method of selecting employee members of a committee if employees are not represented by a trade union; (d) specifying the method of selecting the chairpersons of a committee and their terms of office; (e) establishing any rules of procedure for the operation of a committee that the Governor in Council considers advisable; (f) requiring copies of minutes of committee meetings to be provided by and to any persons that the Governor in Council may prescribe; (g) requiring a committee to submit an annual report of its activities, containing the prescribed information, to a specified person in the prescribed manner and within the prescribed time; and (h) specifying the manner in which a committee may exercise its powers and perform its functions. Regulation may be general or specific (2) A regulation made under subsection (1) may be made applicable generally to all committees or particularly to one or more committees or classes of committees. 2000, c. 20, s. 10 2018, c. 22, s. 9
Canada Labour Code — L-2 136
ment, clothing, devices or materials and, where there is no policy committee, shall participate in the development of the program. Investigation — harassment and violence (5.1) Despite paragraph (5)(g), a health and safety representative shall not participate in an investigation, other than an investigation under section 128 or 129, relating to an occurrence of harassment and violence in the work place. Information (6) A health and safety representative, in respect of the work place for which the representative is appointed, may request from an employer any information that the representative considers necessary to identify existing or potential hazards with respect to materials, processes, equipment or activities. Access (7) A health and safety representative, in respect of the work place for which the representative is appointed, shall have full access to all of the government and employer reports, studies and tests relating to the health and safety of employees, or to the parts of those reports, studies and tests that relate to the health and safety of employees, but shall not have access to the medical records of any person except with the person’s consent. Time required for duties (8) A health and safety representative is entitled to take the time required, during their regular working hours, (a) to perform any of the representative’s functions; and (b) for the purposes of preparation and travel, as authorized by both chairpersons of the policy committee or, if there is no policy committee, as authorized by the employer. Payment of wages (9) A health and safety representative shall be compensated by the employer for the functions described in paragraphs (8)(a) and (b), whether performed during or outside the representative’s regular working hours, at the representative’s regular rate of pay or premium rate of pay, as specified in the collective agreement or, if there is no collective agreement, in accordance with the employer’s policy. Limitation of liability (10) No health and safety representative is personally liable for anything done or omitted to be done by the representative in good faith under the authority or purported authority of this section. Regulations (11) The Governor in Council may make regulations specifying (a) the qualifications and term of office of a health and safety representative; (b) the method of selecting a health and safety representative if employees are not represented by a trade union; and (c) the manner in which a health and safety representative may exercise their powers and perform their functions. R.S., 1985, c. L-2, s. 136; R.S., 1985, c. 9 (1st Supp.), s. 4; 2000, c. 20, s. 10; 2013, c. 40, s. 187 2018, c. 22, s. 10 2018, c. 27, s. 549
Canada Labour Code — L-2 136.1
Information likely to reveal identity 136.1 (1) Neither the Head nor an employer shall, without the person’s consent, provide, under this Part, a health and safety representative with any information that is likely to reveal the identity of a person who was involved in an occurrence of harassment and violence in the work place. A health and safety representative shall not have access to that information without the person’s consent. Exception (2) Subsection (1) does not apply with respect to (a) information provided under section 128 or 129 or a direction or report relating to the application of those sections; or (b) a decision, reasons or a direction referred to in subsection 146.1(2). 2018, c. 22, s. 11 2018, c. 27, s. 623
Canada Labour Code — L-2 137
Committees or representatives — specified work places 137 Despite sections 135 and 136, if an employer controls more than one work place or the size or nature of the operations of the employer or those of the work place precludes the effective functioning of a single work place committee or health and safety representative, as the case may be, for those work places, the employer shall, subject to the approval or in accordance with the direction of the Head, establish or appoint in accordance with section 135 or 136, as the case may be, a work place committee or health and safety representative for the work places that are specified in the approval or direction. R.S., 1985, c. L-2, s. 137; R.S., 1985, c. 9 (1st Supp.), s. 4; 2000, c. 20, s. 10; 2013, c. 40, s. 188 2018, c. 27, s. 550
Canada Labour Code — L-2 137.1
Establishment of Commission 137.1 (1) There is hereby established a Coal Mining Safety Commission, in this section referred to as the “Commission” consisting of, subject to subsection (2.1), not more than five members to be appointed by the Minister to hold office during pleasure. Members of Commission (2) One member of the Commission shall be designated chairperson of the Commission by the Minister and the others shall be equally representative of the non-supervisory employees employed in coal mines and of the employers of those employees. Alternate chairperson (2.1) The Minister may appoint, by order, and under the terms and conditions specified in the order, any person as an alternate chairperson to act in the absence or incapacity of the chairperson. An alternate chairperson, while acting as chairperson, has all of the powers, duties and immunity of the chairperson. Selection and tenure (3) The manner of selection of the members of the Commission, other than the chairperson and an alternate chairperson, and the term of office of the members of the Commission shall be such as may be prescribed. Quorum (4) A quorum of the Commission consists of the chairperson or alternate chairperson, one member representative of non-supervisory employees and one member representative of employers. Ineligibility (5) No person to whom powers, duties or functions have been delegated under subsection 140(1) or (1.1), or under an agreement entered into under subsection 140(2), is eligible to be appointed to the Commission or as alternate chairperson under subsection (2.1), or to be designated for the purposes of subsection 137.2(1) or (2). Remuneration (6) The members of the Commission, including an alternate chairperson, shall be paid the remuneration that may be fixed by the Governor in Council and, subject to the approval of the Treasury Board, any reasonable travel and living expenses that are incurred by them while performing their functions away from their ordinary place of residence. By-laws (7) The Commission may, subject to the approval of the Minister, make by-laws for the conduct of its activities. Staff and other assistance (8) The Minister may, at the request of the Commission, make available to the Commission such staff and other assistance as are necessary for the proper conduct of its activities. Annual report (9) The Commission shall, within sixty days following the end of each calendar year, submit a report to the Minister of its activities during the year. Immunity (10) No member of the Commission and no person designated by the Commission pursuant to subsection 137.2(1) or (2) is personally liable for anything done or omitted to be done in good faith under section 137.2. R.S., 1985, c. 26 (4th Supp.), s. 3; 1998, c. 26, s. 59(E); 2000, c. 20, s. 11; 2013, c. 40, s. 189 2018, c. 27, s. 551
Canada Labour Code — L-2 137.2
Approval of plans, procedures 137.2 (1) The Commission or persons designated by the Commission for the purposes of this subsection may approve in writing, with or without modification, plans or procedures submitted in accordance with paragraph 125.3(1)(d). Approval of methods, machinery, equipment (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, (a) approve in writing the use by the employer in coal mines of mining methods, machinery or equipment in respect of which no prescribed safety standards are applicable; or (b) approve in writing, notwithstanding anything in this Part, the use by the employer in coal mines, for a specified time and subject to specified conditions, of any mining method, machinery or equipment that does not meet prescribed safety standards applicable in respect of it. Exemptions and substitutions (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, (a) exempt the employer from compliance with any provision of the regulations in the operation of coal mines controlled by the employer, subject to any conditions contained in the order; or (b) substitute for any provision of the regulations, so far as it applies to coal mines controlled by the employer, another provision having substantially the same purpose and effect. Recommendations for amendments (4) The Commission may make recommendations to the Minister for amending or revoking any provision of the regulations applicable to coal mines or for adding any provision thereto. R.S., 1985, c. 26 (4th Supp.), s. 3; 2000, c. 20, s. 12
Canada Labour Code — L-2 138
Special committees 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. Remuneration and expenses (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. Inquiries (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. Powers on an inquiry (3) A person appointed pursuant to subsection (2) has all the powers of a person appointed as a commissioner under Part I of the Inquiries Act . Research (4) The Minister may undertake research into the cause of and the means of preventing employment injury and occupational illness and may, where the Minister deems it appropriate, undertake such research in cooperation with any department or agency of the Government of Canada or with any or all provinces or with any organization undertaking similar research. Publication of information (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. Occupational safety and health programs (6) The Minister may undertake programs to reduce or prevent employment injury and occupational illness and may, where the Minister deems it appropriate, undertake those programs in cooperation with any department or agency of the Government of Canada or with any or all provinces or any organization undertaking similar programs. R.S., 1985, c. L-2, s. 138; R.S., 1985, c. 9 (1st Supp.), s. 4; 2000, c. 20, s. 13
Canada Labour Code — L-2 139
Medical surveillance and examination programs 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. Appointment of medical officers (2) The Minister may appoint any medical practitioner qualified in occupational medicine to undertake the medical surveillance and examination programs. R.S., 1985, c. L-2, s. 139; R.S., 1985, c. 9 (1st Supp.), s. 4; 1998, c. 26, ss. 59(E), 60(E); 2000, c. 20, s. 14
Canada Labour Code — L-2 139.1
Annual report 139.1 (1) The Minister shall prepare and publish an annual report that contains statistical data relating to harassment and violence in work places to which this Part applies. The report shall not contain any information that is likely to reveal the identity of a person who was involved in an occurrence of harassment and violence. Statistical data (2) The statistical data contained in the report shall include information that is categorized according to prohibited grounds of discrimination under the Canadian Human Rights Act . 2018, c. 22, s. 11.1
Canada Labour Code — L-2 139.2
Five-year review 139.2 (1) Five years after the day on which this section comes into force and every five years after that, the Minister shall commence a review of the provisions of this Part relating to harassment and violence. At the conclusion of the review, the Minister shall prepare a report on the review. Report to be tabled (2) The Minister shall cause the report to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the report is completed. 2018, c. 22, s. 11.1
Canada Labour Code — L-2 140
Delegation 140 (1) Subject to any terms and conditions specified by the Minister, the Minister may delegate to any qualified person or class of persons any of the powers, duties or functions the Minister is authorized to exercise or perform for the purposes of this Part. Delegation — Head (1.1) Subject to any terms and conditions specified by the Minister, the Head may delegate to any qualified person or class of persons any of the powers the Head is authorized to exercise or any of the duties or functions the Head is authorized to perform for the purposes of this Part. The Head may make the delegation subject to any terms and conditions that the Head considers appropriate. Agreements — delegating provincial employees (2) Subject to subsection (3), 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 the Minister may delegate to a person employed by that province or provincial body the powers, duties or functions that the Minister or the Head is authorized to exercise or perform for the purposes of this Part. Exception (3) The powers, duties or functions provided for in section 130, subsections 137.‍1(1) to (2.‍1) and (7) to (9), 137.‍2(4), 138(1) to (2) and (4) to (6), 140(1) to (2) and (4), 144(1) and 149(1), sections 152 and 155 and subsections 156.‍1(1), 157(3) and 159(2) shall not be the subject of an agreement under subsection (2). Certificate of authority (4) The Minister may provide any person to whom powers, duties or functions have been delegated under subsection (1), or under an agreement entered into under subsection (2), with a certificate of authority and, when exercising those powers or performing those duties or functions, that person shall show the certificate to any person who asks to see it. Certificate of authority — Head (4.1) The Head may provide any person to whom powers, duties or functions have been delegated under subsection (1.1), or under an agreement entered into under subsection (2), with a certificate of authority and, when exercising those powers or performing those duties or functions, that person shall show the certificate to any person who asks to see it. Limitation of liability (5) A person to whom powers, duties or functions have been delegated under subsection (1) or (1.1), or under an agreement entered into under subsection (2), is not personally liable for anything done or omitted to be done by them in good faith in the actual or purported exercise of those powers or performance of those duties or functions. Duty of Her Majesty (6) Despite subsection (5), 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. R.S., 1985, c. L-2, s. 140; R.S., 1985, c. 9 (1st Supp.), s. 4; 2000, c. 20, s. 14; 2013, c. 40, s. 190 2018, c. 22, s. 12 2018, c. 27, s. 553 2018, c. 27, s. 623