GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada Labour Code — L-2 141.1
Inspections 141.1 (1) If the Head conducts an inspection of the work place at the work place, it shall be done in the presence of (a) an employee member and an employer member of the work place committee; or (b) the health and safety representative and a person designated by the employer. Inspection not to be delayed (2) The Head may proceed with an inspection in the absence of any person mentioned in subsection (1) if that person chooses not to be present. 2000, c. 20, s. 14; 2013, c. 40, s. 192 2018, c. 27, s. 555
Canada Labour Code — L-2 142
Duty to assist 142 The person in charge of a work place and every person employed at, or in connection with, a work place shall give all reasonable assistance to (a) the Head to enable him or her to exercise his or her powers or to perform his or her duties or functions under this Part; (a.1) an external adjudicator and a member of the Board to enable them to, in accordance with subsection 12.001(2) or 14(5), exercise or perform the powers, duties or functions conferred on the Board by this Part; and (b) every 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), who is exercising those powers or performing those duties or functions. R.S., 1985, c. L-2, s. 142; R.S., 1985, c. 9 (1st Supp.), s. 4; 2000, c. 20, s. 14; 2013, c. 40, s. 193 2017, c. 20, s. 343 2018, c. 27, s. 556
Canada Labour Code — L-2 143
Obstruction and false statements 143 No person shall obstruct or hinder, or make a false or misleading statement either orally or in writing to (a) the Head in the exercise of his or her powers, or in the performance of his or her duties or functions, under this Part; (a.1) an external adjudicator or a member of the Board in the exercise or performance, in accordance with subsection 12.001(2) or 14(5), of the powers, duties or functions conferred on the Board by this Part; or (b) any 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), who is exercising those powers or performing those duties or functions. R.S., 1985, c. L-2, s. 143; R.S., 1985, c. 9 (1st Supp.), s. 4; 2000, c. 20, s. 14; 2013, c. 40, s. 193 2017, c. 20, s. 344 2018, c. 27, s. 557
Canada Labour Code — L-2 143.1
Provision of information 143.1 No person shall prevent an employee from providing information to (a) the Head in the exercise of his or her powers, or in the performance of his or her duties or functions under this Part; (a.1) an external adjudicator or a member of the Board in the exercise or performance, in accordance with subsection 12.001(2) or 14(5), of the powers, duties or functions conferred on the Board by this Part; or (b) any 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), who is exercising those powers or performing those duties or functions. 2000, c. 20, s. 14; 2013, c. 40, s. 193 2017, c. 20, s. 345 2018, c. 27, s. 558
Canada Labour Code — L-2 143.2
Permission required for access to residence 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. 2000, c. 20, s. 14
Canada Labour Code — L-2 144
mmunicated 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. R.S., 1985, c. L-2, s. 144; R.S., 1985, c. 9 (1st Supp.), s. 4, c. 24 (3rd Supp.), s. 6; 2000, c. 20, s. 14; 2005, c. 34, s. 62; 2013, c. 40, ss. 194, 236; 2014, c. 13, ss. 94, 120, c. 20, ss. 142, 160 2017, c. 20, s. 346 2018, c. 27, s. 559
Canada Labour Code — L-2 145
mittee or the health and safety representative. 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. 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. 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. R.S., 1985, c. L-2, s. 145; R.S., 1985, c. 9 (1st Supp.), s. 4; 1993, c. 42, s. 9(F); 2000, c. 20, s. 14; 2013, c. 40, s. 195 2018, c. 27, s. 560
Canada Labour Code — L-2 145.1
Powers, duties and functions 145.1 For the purposes of sections 146 to 146.‍5, the Board has all of the powers, duties and functions of the Minister and the Head under this Part, except for those referred to in section 130, subsections 135(6), 137.‍1(1) to (2.‍1) and (7) to (9), 137.‍2(4), 138(1) to (2) and (4) to (6), section 139, subsections 140(1) to (2) and (4) and 144(1), section 146.‍01, subsection 149(1), sections 152 and 155 and subsections 156.‍1(1), 157(3) and 159(2). 2000, c. 20, s. 14; 2013, c. 40, s. 196 2017, c. 20, s. 347 2018, c. 22, ss. 13, 19 2018, c. 27, s. 561 2018, c. 27, s. 623
Canada Labour Code — L-2 146
Appeal of direction 146 (1) An employer, employee or trade union that feels aggrieved by a direction issued by the Head under this Part may appeal the direction to the Board, in writing, within 30 days after the day on which the direction was issued or confirmed in writing. Direction not stayed (2) Unless otherwise ordered by the Board on application by the employer, employee or trade union, an appeal of a direction does not operate as a stay of the direction. R.S., 1985, c. L-2, s. 146; R.S., 1985, c. 9 (1st Supp.), s. 4; 2000, c. 20, s. 14; 2013, c. 40, s. 197 2017, c. 20, s. 347 2018, c. 27, s. 562
Canada Labour Code — L-2 146.01
Head informed of appeal 146.01 (1) The Board shall inform the Head in writing when an appeal is brought under subsection 129(7) or section 146 and provide him or her with a copy of the request for appeal. Documents provided to Board (2) The Head shall, on request of the Board, provide to the Board a copy of any document that the Head relied on for the purpose of making the decision or issuing the direction being appealed. Documents provided to Head (3) The Board shall, on request of the Head, provide to the Head a copy of any document that is filed with the Board in the appeal. Power of Head (4) The Head may, in an appeal, present evidence and make representations to the Board. 2017, c. 20, s. 347 2018, c. 27, s. 563
Canada Labour Code — L-2 146.1
Inquiry 146.1 (1) If an appeal is brought under subsection 129(7) or section 146, the Board shall, in a summary way and without delay, inquire into the circumstances of the decision or direction, as the case may be, and the reasons for it and may (a) vary, rescind or confirm the decision or direction; and (b) issue any direction that the Board considers appropriate under subsection 145(2) or (2.1). Decision and reasons (2) The Board shall provide a written decision, with reasons, and a copy of any direction to the employer, employee or trade union concerned and to the Head, and the employer shall, without delay, give a copy of the decision, the reasons, and any direction to the work place committee or health and safety representative. Posting of notice (3) If the Board issues a direction under paragraph (1)(b), the employer shall, without delay, affix or cause to be affixed to or near the machine, thing or place in respect of which the direction is issued a notice of the direction, in the form and containing the information that the Board may specify, and no person may remove the notice unless authorized to do so by the Board. Cessation of use (4) If the Board directs, under paragraph (1)(b), that a machine or thing not be used, a place not be worked in or an activity not be performed until the direction is complied with, no person shall use the machine or thing, or work in the place or perform the activity until the direction is complied with, but nothing in this subsection prevents the doing of anything necessary for the proper compliance with the direction. 2000, c. 20, s. 14 2017, c. 20, s. 348 2018, c. 27, s. 564
Canada Labour Code — L-2 146.5
Wages 146.5 An employee who is a party to a proceeding under subsection 146.1(1) and who attends at the proceeding, or any employee who has been summoned by the Board to attend at such a proceeding and who attends, is entitled to be paid by the employer at the employee’s regular rate of wages for the time spent at the proceeding that would otherwise have been time at work. 2000, c. 20, s. 14 2017, c. 20, s. 349
Canada Labour Code — L-2 147
General prohibition re employer 147 No employer shall dismiss, suspend, lay off or demote an employee, impose a financial or other penalty on an employee, or refuse to pay an employee remuneration in respect of any period that the employee would, but for the exercise of the employee’s rights under this Part, have worked, or take any disciplinary action against or threaten to take any such action against an employee because the employee (a) has testified or is about to testify in a proceeding taken or an inquiry held under this Part; (b) has provided information to a person engaged in the performance of duties under this Part regarding the conditions of work affecting the health or safety of the employee or of any other employee of the employer; or (c) has acted in accordance with this Part or has sought the enforcement of any of the provisions of this Part. R.S., 1985, c. L-2, s. 147; R.S., 1985, c. 9 (1st Supp.), s. 4; 2000, c. 20, s. 14
Canada Labour Code — L-2 147.1
Abuse of rights 147.1 (1) An employer may, after all the investigations and appeals have been exhausted by the employee who has exercised rights under sections 128 and 129, take disciplinary action against the employee who the employer can demonstrate has wilfully abused those rights. Written reasons (2) The employer must provide the employee with written reasons for any disciplinary action within fifteen working days after receiving a request from the employee to do so. 2000, c. 20, s. 14
Canada Labour Code — L-2 148
General offence 148 (1) Subject to this section, every person who contravenes a provision of this Part is guilty of an offence and liable (a) on conviction on indictment, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than two years, or to both; or (b) on summary conviction, to a fine of not more than $100,000. If death or injury (2) Every person who contravenes a provision of this Part the direct result of which is the death of, serious illness of or serious injury to an employee is guilty of an offence and liable (a) on conviction on indictment, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than two years, or to both; or (b) on summary conviction, to a fine of not more than $1,000,000. Risk of death or injury (3) Every person who wilfully contravenes a provision of this Part knowing that the contravention is likely to cause the death of, serious illness of or serious injury to an employee is guilty of an offence and liable (a) on conviction on indictment, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than two years, or to both; or (b) on summary conviction, to a fine of not more than $1,000,000. Defence (4) On a prosecution of a person for a contravention of any provision of this Part, except paragraphs 125(1)(c), (z.10) and (z.11), it is a defence for the person to prove that the person exercised due care and diligence to avoid the contravention. However, no person is liable to imprisonment on conviction for an offence under any of paragraphs 125(1)(c), (z.10) and (z.11). Presumption (5) For the purposes of this section, if regulations are made under subsection 157(1.1) in relation to health or safety matters referred to in a paragraph of any of sections 125 to 126 by which a standard or other thing is to be prescribed, that standard or other thing is deemed to be prescribed within the meaning of that paragraph. R.S., 1985, c. L-2, s. 148; R.S., 1985, c. 9 (1st Supp.), s. 4, c. 24 (3rd Supp.), s. 7, c. 26 (4th Supp.), s. 4; 1993, c. 42, s. 10; 2000, c. 20, s. 14
Canada Labour Code — L-2 149
Minister’s consent required 149 (1) No proceeding in respect of an offence under this Part may be instituted except with the consent of the Minister or a person designated by the Minister. Officers and senior officials, etc. (2) If a corporation or a department in, or other portion of, the federal public administration to which this Part applies commits an offence under this Part, any of the following persons who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and liable on conviction to the punishment provided for the offence, whether or not the corporation or department in, or portion of, the federal public administration has been prosecuted or convicted: (a) any officer, director, agent or mandatary of the corporation; (b) any senior official in the department in, or portion of, the federal public administration; or (c) any other person exercising managerial or supervisory functions in the corporation or department in, or portion of, the federal public administration. Evidence of direction (3) On any prosecution for an offence under this Part, a copy of a direction purporting to have been made under this Part and purporting to have been signed by the person authorized under this Part to make the direction is evidence of the direction without proof of the signature or authority of the person by whom it purports to be signed. Limitation period (4) Proceedings in respect of an offence under this Part may be instituted at any time within but not later than two years after the day on which the subject-matter of the proceedings arose. R.S., 1985, c. L-2, s. 149; R.S., 1985, c. 9 (1st Supp.), s. 4; 2000, c. 20, s. 15; 2003, c. 22, s. 111(E); 2014, c. 13, s. 95
Canada Labour Code — L-2 150
Venue 150 A complaint or information in respect of an offence under this Part may be heard, tried and determined by a provincial court judge or justice if the accused is resident or carrying on business within the territorial jurisdiction of the provincial court judge or justice, notwithstanding that the matter of the complaint or information did not arise in that territorial jurisdiction. R.S., 1985, c. L-2, s. 150; R.S., 1985, c. 9 (1st Supp.), s. 4, c. 27 (1st Supp.), s. 203
Canada Labour Code — L-2 151
Information 151 In any proceedings in respect of an offence under this Part, an information may include more than one offence committed by the same person and all those offences may be tried concurrently and one conviction for any or all such offences may be made. R.S., 1985, c. L-2, s. 151; R.S., 1985, c. 9 (1st Supp.), s. 4
Canada Labour Code — L-2 152
Injunction proceedings 152 The Head may apply or cause an application to be made to a judge of a superior court for an order enjoining any person from contravening a provision of this Part, whether or not a prosecution has been instituted for an offence under this Part, or enjoining any person from continuing any act or default for which the person was convicted of an offence under this Part. R.S., 1985, c. L-2, s. 152; R.S., 1985, c. 9 (1st Supp.), s. 4; 2002, c. 8, s. 120 2018, c. 27, s. 565
Canada Labour Code — L-2 153
Injunction 153 The judge of a court to whom an application under section 152 is made may, in the judge’s discretion, make the order applied for under that section and the order may be entered and enforced in the same manner as any other order or judgment of that court. R.S., 1985, c. L-2, s. 153; R.S., 1985, c. 9 (1st Supp.), s. 4; 2000, c. 20, s. 16(E)
Canada Labour Code — L-2 154
Imprisonment precluded in certain cases 154 (1) If a person is convicted of an offence under this Part on proceedings by way of summary conviction, no imprisonment may be imposed in default of payment of any fine imposed as punishment. Recovery of fines (2) Where a person is convicted of an offence under this Part and the fine that is imposed is not paid when required, the prosecutor may, by filing the conviction, enter as a judgment the amount of the fine and costs, if any, in a superior court of the province in which the trial was held, and the judgment is enforceable against the person in the same manner as if it were a judgment rendered against the person in that court in civil proceedings. R.S., 1985, c. L-2, s. 154; R.S., 1985, c. 9 (1st Supp.), s. 4, c. 24 (3rd Supp.), s. 8; 2000, c. 20, s. 17
Canada Labour Code — L-2 155
Notice to provide information 155 (1) If a person is required to provide information for the purposes of this Part, the Head may require the information to be provided by a notice to that effect served personally or sent by registered mail addressed to the latest known address of the person, and the person shall comply with the notice within such reasonable time as is specified in it. Proof of failure to provide information (2) A certificate purporting to be signed by the Head or by a person authorized by the Head, (a) certifying that a notice was sent by registered mail to the person to whom it was addressed, accompanied by an identified post office certificate of the registration and a true copy of the notice, and (b) certifying that the information has not been provided as requested in the notice sent by the Head, is evidence of the facts set out therein without proof of the signature or official character of the person by whom the certificate purports to be signed. R.S., 1985, c. L-2, s. 155; R.S., 1985, c. 9 (1st Supp.), s. 4 2018, c. 27, s. 567
Canada Labour Code — L-2 156
Decision final 156 (1) Every order or decision made or direction issued by the Board under this Part is final and shall not be questioned or reviewed in any court. No review by certiorari , etc. (2) No order shall be made, process entered or proceeding taken in any court, whether by way of injunction, certiorari , prohibition, quo warranto or otherwise, to question, review, prohibit or restrain the Board in any proceedings under this Part. R.S., 1985, c. L-2, s. 156; R.S., 1985, c. 9 (1st Supp.), s. 4; 1998, c. 26, s. 57; 2000, c. 20, s. 18 2017, c. 20, s. 351
Canada Labour Code — L-2 156.1
Fees for services, etc. 156.1 (1) The Governor in Council may, on the recommendation of the Treasury Board, fix the fees to be paid for services, facilities and products provided by the Minister under this Part or within the purpose of this Part. Amount not to exceed cost (2) Fees fixed under subsection (1) may not exceed the costs to Her Majesty in right of Canada in respect of those items or matters. 2000, c. 20, s. 19
Canada Labour Code — L-2 157
Regulations 157 (1) Subject to this section, the Governor in Council may make regulations (a) prescribing anything that by this Part is to be prescribed; (a.01) defining the expressions “harassment” and “violence” for the purposes of this Part; (a.1) restricting or prohibiting any activity or thing that any provision of this Part contemplates being the subject of regulations; (a.2) prescribing the method for calculating and determining the regular rate of wages for the purpose of section 146.5; and (b) respecting such other matters or things as are necessary to carry out the provisions of this Part. Idem (1.1) Where the Governor in Council is of the opinion that a regulation cannot appropriately be made by prescribing a standard or other thing that by a paragraph of sections 125 to 126 is to be prescribed, the Governor in Council may make regulations in relation to the safety and health matters referred to in that paragraph in such manner as the Governor in Council considers appropriate in the circumstances, whether or not the opinion of the Governor in Council is indicated at the time the regulations are made. (2) and (2.1) [Repealed, 1993, c. 42, s. 11] Ministerial recommendations (3) Regulations of the Governor in Council under subsection (1) or (1.1) in respect of occupational safety and health of employees employed (a) on ships, trains or aircraft, while in operation, shall be made on the recommendation of the Minister and the Minister of Transport; or (b) on or in connection with exploration or drilling for or the production, conservation, processing or transportation of oil or gas in frontier lands, as defined in the Canada Petroleum Resources Act , shall be made on the recommendation of (i) the Minister and the Minister of Indigenous Services, and (ii) the Minister of Natural Resources, taking into consideration any recommendations made by the Canadian Energy Regulator in relation to the regulations. Regulations general or specific (4) Regulations made under this section may be made applicable to all employment to which this Part applies, to one or more classes of employment to which this Part applies or to such employment in one or more work places. Incorporation of standards (5) Regulations made under this section incorporating a standard by reference may incorporate the standard as enacted or adopted at a certain date, as amended to a certain date or as amended from time to time. 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 Head the reason that full compliance is not practicable or reasonably practicable in particular circumstances. R.S., 1985, c. L-2, s. 157; R.S., 1985, c. 9 (1st Supp.), s. 4, c. 26 (4th Supp.), s. 5; 1992, c. 1, s. 93; 1993, c. 42, s. 11; 1994, c. 10, s. 29, c. 41, s. 37; 2000, c. 20, s. 20; 2013, c. 40, s. 198 2017, c. 20, s. 352 2018, c. 22, s. 14 2018, c. 27, s. 568 2019, c. 28, s. 115 2019, c. 29, s. 375
Canada Labour Code — L-2 158
Provincial Crown corporations 158 The Governor in Council may, by regulation, direct that this Part applies in respect of any employment, or any class or classes of employment, on or in connection with a federal work, undertaking or business set out in the regulation that is, or is part of, a corporation that is an agent of Her Majesty in right of a province, including a corporation whose activities are regulated, in whole or in part, under the Nuclear Safety and Control Act . R.S., 1985, c. L-2, s. 158; R.S., 1985, c. 9 (1st Supp.), s. 4; 1996, c. 12, s. 3; 1997, c. 9, s. 125; 2000, c. 20, ss. 21, 30
Canada Labour Code — L-2 159
Exclusion from application 159 (1) The Governor in Council may by regulation exclude, in whole or in part, from the application of any of the provisions of this Part any employment, or any class or classes of employment, on or in connection with a work or undertaking set out in the regulation whose activities are regulated, in whole or in part, pursuant to the Nuclear Safety and Control Act . Regulations (2) On the recommendation of the Minister after consultation with the Canadian Nuclear Safety Commission, the Governor in Council may make regulations relating to occupational safety and health in relation to employment that is subject to a regulation made pursuant to subsection (1). R.S., 1985, c. L-2, s. 159; R.S., 1985, c. 9 (1st Supp.), s. 4; 1996, c. 12, s. 3; 1997, c. 9, s. 125