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Occupational Safety and Health (OSH)
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Canada - 2013

  • 1 Description of national OSH regulatory framework

  • 2 Scope, coverage and exclusions

    • 2.1 Health and safety covers physical and psychological health

      Summary/citation: There is a duty imposed upon employers generally to protect employees from "dangers" and "hazards" arising out of the course of employment.

      Remarks / comments: Dangers include any condition that could reasonably be expected to cause injury or illness. The legislation does not specifically include but also does not exclude the possibility that injury or illness could be of a mental nature. Some case law exists indicating that circumstances causing mental health injuries may be considered dangers under particular circumstances. See for example Boivin v. Canada (Customs and Revenue Agency), 2003 PSSRB 94 (CanLII)

      • Canada Labour Code [R.S.C., 1985, c. L-2]. (§§ 122(1), 124, 125)

    • 2.2 Definition of worker

      Summary/citation: Workers for the purposes of federal OSH legislation are those who are employed by employers of federally regulated workplaces. Federally regulated means a "federal work, undertaking or business", a corporation established to perform any function or duty on behalf of the federal government.

      Restrictions / obligations: The definition of worker excludes a person who performs management functions or is employed in a confidential capacity in matters relating to industrial relations. Federal OSH legislation does not apply to a work, undertaking or business of a local or private nature in Yukon, the Northwest Territories or Nunavut.

      • Canada Labour Code [R.S.C., 1985, c. L-2]. (§§ 3(1), 122(1))

      • 2.2.1 Coverage of particular categories of workers

        Yes.
        • 2.2.1.1 Migrant workers

          Summary/citation: Migrant workers are not excluded from the definition of employee and thus would be considered workers for the purposes of federal OSH legislation.

          • Canada Labour Code [R.S.C., 1985, c. L-2]. (§ 122(1))

        • 2.2.1.2 Domestic workers

          Summary/citation: Domestic workers are not excluded from the definition of employee and thus would be considered workers for the purposes of federal OSH legislation

          • Canada Labour Code [R.S.C., 1985, c. L-2]. (§ 122(1))

        • 2.2.1.3 Home workers

          Summary/citation: Home workers are not excluded from the definition of employee and thus would be considered workers for the purposes of OSH legislation as long as they are in an employee relationship with the employer of a federally regulated workplace. However, if the home of the worker is not a work place controlled by the employer, particular duties of the employer are limited to protection of workers only while carrying out activities where the employer controls the activity.

          • Canada Labour Code [R.S.C., 1985, c. L-2]. (§ 125(1))

        • 2.2.1.4 Self-employed persons

          Summary/citation: Self employed workers are not excluded from the definition of employee and thus would be considered workers for the purposes of federal OSH legislation.

          Remarks / comments: Workers must be in employee relationships with an employer of a federally regulated workplace. To be in an employee-like relationship they must fulfil particular criteria and thus, even though they are self employed, for all appearances they behave like employees. The definition of "employee" vs. independent contractor has been defined, clarified and modified continually by case law from various jurisdictions throughout Canada. There are circumstances where independent contractors behave more like employees, for example they work only for one client, they are required to be in a worksite for extended periods of time, they are essentially "under the control" of the employer even though technically they are self employed.

          • Canada Labour Code [R.S.C., 1985, c. L-2]. (§ 122(1))

    • 2.3 Definition of employer

      Summary/citation: “Employer” means a person who employs one or more employees in a federally regulated workplace and includes an employers’ organization and any person who acts on behalf of an employer.

      • Canada Labour Code [R.S.C., 1985, c. L-2]. (§ 122(1))

    • 2.4 Exclusion of branches of economic activity

      Sometimes.
    • 2.5 Definition of occupational accident

      No data available.
    • 2.6 Definition of occupational disease

      No data available.
      • 2.6.1 List of occupational diseases

      • 2.6.2 Mechanism for compensating other diseases as occupational ones

        Remarks / comments: Occupational disease is not defined in law and thus compensation may be adjudicated by the investigator or board hearing the issue.

  • 3 Institutions and programmes relating to OSH administration and/or enforcement

    • 3.1 Competent national authority for safety and health at work

      Summary/citation: The Minister of Labour is responsible for the overall administration and enforcement of the Labour Code. No specified institution or agency has general administrative power over OSH matters - each undertakes its own specified functions under the Labour Code and other OSH legislation.

      • Canada Labour Code [R.S.C., 1985, c. L-2]. (§ 140(1))

      Related CEACR Comments
      Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) Direct Request 2016

      • 3.1.1 Objectives, roles and/or functions

        No data available.
      • 3.1.2 Chairperson and composition

        No data available.
    • 3.2 National OSH research programme or institute

      Summary/citation: The Canadian Centre for Occupational Health and Safety is established by legislation.

      • Canadian Centre for Occupational Health and Safety Act [C-13]. (§ 4)

      Related CEACR Comments
      Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) Direct Request 2016

      • 3.2.1 Objectives, roles and/or functions

        Summary/citation: The Canadian Centre for Occupational Health and Safety's objectives are to promote the fundamental right of Canadians to a healthy and safe working environment by creating a national institute concerned with the study, encouragement and cooperative advancement of occupational health and safety, in whose governing body the interests and concerns of workers, trade unions, employers, federal, provincial and territorial authorities, professional and scientific communities and the general public will be represented.

        • Canadian Centre for Occupational Health and Safety Act [C-13]. (§ 2)

      • 3.2.2 Governance board constitution and chairmanship

        Summary/citation: The Chairperson is appointed by the Governor in Council for a term not exceeding 5 years. 21 other governors: one nominated by the lieutenant governor in council of each province, one by the Commissioner of Yukon, one by the Commissioner of the Northwest Territories, and one by the Commissioner of Nunavut, four others to be appointed after consultation with any organizations representative of workers that the Governor in Council considers appropriate and four to be appointed after consultation with any organizations representative of employers that the Governor in Council considers appropriate.

        • Canadian Centre for Occupational Health and Safety Act [C-13]. (§ 4)

      • 3.2.3 Source of funding

        No data available.
    • 3.3 National OSH programme

      No data available.

      Related CEACR Comments
      Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) Direct Request 2016

      • 3.3.1 Consultation on the national OSH programme

        No data available.
  • 4 Employers’ duties and responsibilities to protect the safety and health of workers and others

  • 5 Employers’ duty to organize prevention formally along generally accepted OSH management principles and practices

    • 5.1 Elements of an OSH management system

      Sometimes.
      • 5.1.1 Policy or plan specifying responsibilities and arrangements for health and safety

        No data available.
      • 5.1.2 Appointment of a person for health and safety

        No data available.
      • 5.1.3 Written risk assessment

        Summary/citation: Employers are required to develop a program appropriate to the size and nature of hazards in the workplace, and where that program does not cover hazards unique to that work place, employers are required to develop and implement programs for prevention of those particular hazards. The legislation does not specifically use the term "risk assessment" but in order to determine hazards unique to the work place such an assessment would be required.

        • Canada Labour Code [R.S.C., 1985, c. L-2]. (§ 125(1)(z.04))

      • 5.1.4 Safe operating work systems and procedures

        Summary/citation: Under the general obligation on employers, they "shall ensure that the health and safety at work of every person employed by the employer is protected."

        Remarks / comments: The legislation is worded such that the duty is to ensure health and safety, not simply to provide programming. Safety includes protection from danger and hazards arising out of or linked with employment.

        • Canada Labour Code [R.S.C., 1985, c. L-2]. (§§ 122(1) & 124)

      • 5.1.5 Training and information on risks

        Summary/citation: Employers are required to post relevant occupational health and safety legislation in places accessible to all employees, to ensure employees are made aware of known or foreseeable health and safety risks in their area, and to provide "information, instruction, training and supervision necessary to ensure their helath and safety at work". Employers are also required to ensure employees with supervisory or managerial responsiblities are adequately trained in health and safety and are informed of their responsibilities.

        Aviation Industry: Every employer shall develop and implement an employee education program with respect to hazard prevention and control on board an aircraft, including with respect to hazardous substances. (Aviation Occupational Health and Safety Regulations, 5.13(1))

        Oil and gas industry: Every employer shall, in consultation with the safety and health committee or the safety and health representative, if either exists, develop and implement an employee education program with respect to hazard prevention and control at the work place. (Oil and Gas Occupational Safety and Health Regulations, 11.19(1))

        • Canada Labour Code [R.S.C., 1985, c. L-2]. (§§ 125(1)(q), 125(1)(s), 125(1)(d), & 125(1) (z))

      • 5.1.6 Review or assessment of the results of preventive measures

        Summary/citation: Where required, workplace health and safety committees or representatives are required to monitor the implementation of the health and safety program in the work place. No specific monitoring measures are legislated.

        Restrictions / obligations: This is only applicable to workplaces with over 5 employees.

        • Canada Labour Code [R.S.C., 1985, c. L-2]. (§ 135(7))

      • 5.1.7 Consultation with workers in health and safety

        Summary/citation: Employers are required to consult with workplace health and safety committees where they exist (in work places with 20 or more employees) or health and safety representatives on development, implementation and monitoring of all occupational health and safety measures. Half of the committee's members are non-managerial employees and the representative is a non-managerial employee selected by employees or the trade union representing the employees.

        • Canada Labour Code [R.S.C., 1985, c. L-2]. (§§ 125(1), 135.1(1), & 136(2))

    • 5.2 Obligation to implement a specific OSH management system or standard

      Summary/citation: Employers are required to draw up formal progams for all work places detailing general and unique hazards of the work place and putting in place workplace health and safety committees or representatives to formally carry out the measures outlined in the program. The program is required to address a number of prescribed measures detailed in the legislation.

      • Canada Labour Code [R.S.C., 1985, c. L-2]. (§ 125)

  • 6 Employers’ duty to ensure availability of expertise and competence in health and safety

    • 6.1 OSH competence

      No data available.
      • 6.1.1 Requirement to access expert advice and/or support in health and safety

        No data available.
        • 6.1.1.1 Qualifications of experts or professional services

          No data available.
    • 6.2 Appointment of an OSH practitioner

      Summary/citation: Employers are required to appoint work place health and safety committees in work places with twenty or more employees, or work place health and safety representatives in work places with less than twenty employees to advise on OSH matters. In work places with hundred or more employees, work place health and safety policy committees are also required.

      • Canada Labour Code [R.S.C., 1985, c. L-2]. (§§ 134(1)-136(1))

      • 6.2.1 Workforce size threshold for the appointment of OSH practitioners

        Summary/citation: Employers are required to appoint work place health and safety committees in work places with twenty or more employees, or work place health and safety representatives in work places with less than twenty employees to advise on OSH matters. In work places with hundred or more employees, work place health and safety policy committees are also required.

        • Canada Labour Code [R.S.C., 1985, c. L-2]. (§§ 134(1)-136(1))

  • 7 Workers' rights and duties

    • 7.1 Duty to take reasonable steps to protect their own safety and health

      Summary / Citation: Employees are required to take all reasonable and necessary precautions to ensure the health and safety of the employee.

      • Canada Labour Code [R.S.C., 1985, c. L-2]. (§ 126(1)(c))

    • 7.2 Duty to take reasonable steps to protect the safety and health of others

      Summary / Citation: Employees are required to take all reasonable and necessary precautions to ensure the health and safety of the other employees and any person likely to be affected by the employee’s acts or omissions.

      • Canada Labour Code [R.S.C., 1985, c. L-2]. (§ 126(1)(c))

    • 7.3 Supervisors’ duty to take reasonable steps to protect the safety and health of others

      No data available.
    • 7.4 Senior officers’ duty to take reasonable steps to protect the safety and health of others

      No data available.
    • 7.5 Self-employed persons’ duty to take reasonable steps to protect their own and other people’s health and safety

      No data available.
    • 7.6 Duty to comply with OSH-related requirements

      Summary / Citation: Employees are required to follow prescribed procedures with respect to the health and safety of employees.

      • Canada Labour Code [R.S.C., 1985, c. L-2]. (§ 126(1)(b))

    • 7.7 Right to enquire about risks and preventive measures

      No data available.
    • 7.8 Right to remove themselves from a dangerous situation

      Summary / Citation: Employees may refuse to use or operate a machine or to work in a place or perform an activity if the employee has reasonable cause to believe that it constitutes a danger to the employee or another employee.

      Restrictions / obligations: Employees cannot refuse to work if the refusal puts the life, health or safety of another person directly in danger or the danger foreseen is a normal condition of employment.

      • Canada Labour Code [R.S.C., 1985, c. L-2]. (§ 128(1))

    • 7.9 Right to be reassigned to non-hazard work

      Summary / Citation: There is no duty to reassign workers. However, if an individual is unable to perform particular tasks due to health conditions and these rise to the point of disability, the Canadaian Human Rights Act imposes on the employer a duty to accommodate up to the point of undue hardship.

      • Canadian Human Rights Act ( R.S., 1985, c. H-6 ). (§§ 7 & 10)

      • 7.9.1 Right to withdraw with compensation when workers are not reassigned to non-hazard work

        Summary / Citation: There is no duty to reassign workers. However, if an individual is unable to perform particular tasks due to health conditions and these rise to the point of disability, the Canadaian Human Rights Act imposes on the employer a duty to accommodate up to the point of undue hardship and the employee would be entitled to compensation if alternative work was not provided.

        • Canadian Human Rights Act ( R.S., 1985, c. H-6 ). (§§ 7 & 10)

  • 8 Consultation, collaboration and co-operation with workers and their representatives

    • 8.1 National OSH committee, commission, council or similar body

      Summary / Citation: No general national advisory committee is required by law. However, the Coal Mining Safety Commission is established by federal OSH legislation.

      • Canada Labour Code [R.S.C., 1985, c. L-2]. (§ 137(1))

      Related CEACR Comments
      Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) Direct Request 2016

      • 8.1.1 Objectives, roles and/or functions

        Summary / Citation: The objective of the Coal Mining Safety Commission is to ensure appropriate occupational health and safety measures are applied to the coal mining industry. Employers can apply to the Commission to engage in coal mining activities and the Commission provides appropriate regulatory provisions. The Commissionmay also submit recommendations on regulations relating to coal mining to the Minister of Labour.

        • Canada Labour Code [R.S.C., 1985, c. L-2]. (§ 137(2))

      • 8.1.2 Constitution and chairmanship modalities

        Summary / Citation: Five members are appointed by the Minister of Labour to hold office at pleasure. One person is designated chairperson by the Minister and the others must be equally representative of non-supervisory employees employed in coal mines and employers of those employees.

        • Canada Labour Code [R.S.C., 1985, c. L-2]. (§ 137(2))

    • 8.2 Employers’ duty to consult workers on risks

      Summary / Citation: Employers are required to consult only with work place health and safety committees or representatives. While these committees are representative of employees they do not have a duty to consult with employees overall.

    • 8.3 Workers’ right to select their representatives for health and safety matters

      Summary / Citation: Half of any work place health and safety committee are required to be non-managerial employees selected by the employees or a representative trade union.

      • Canada Labour Code [R.S.C., 1985, c. L-2]. (§§ 135(1)(1), 135(1) & 136(2))

      • 8.3.1 Workforce size conditions for workers’ representation in health and safety

        Summary / Citation: Workplaces with less than twenty employees are required to have one elected (by employees or trade union) health and safety representative. Workplaces with twenty or more employees are required to have a committee consisting of at least two persons, at least half of whom must be non-managerial employees elected by the employees or trade union. Workplaces with three hundred or more employees must also have a work place health and safety policy committee, consisting of at least two persons, at least half of whom must be non-managerial employees elected by the employees or trade union.

        • Canada Labour Code [R.S.C., 1985, c. L-2]. (§§ 134(1)(1), 135(1), 135(1)(1) & 136(2))

      • 8.3.2 Conditions of eligibility to represent workers in health and safety

        No data available.
    • 8.4 OSH representatives’ functions, rights and powers

      Sometimes.
      • 8.4.1 Right to inspect the workplace

        Summary / Citation: Work place health and safety committees and work place health and safety representatives are required to 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.

        • Canada Labour Code [R.S.C., 1985, c. L-2]. (§§ 136(5)(j) & 135(7)(k))

      • 8.4.2 Right to access OSH information

        Summary / Citation: Work place health and safety committees and work place health and safety representatives are entitled to information necessary to identify existing or potential hazards, and have access to all government and employer reports, studies and tests relating to health and safety of employees.

        Restrictions / obligations: Committees and representatives are not entitled to access employee medical records except with the person's consent.

        • Canada Labour Code [R.S.C., 1985, c. L-2]. (§§ 135(8), 135(9), 136(6) & 136(7))

      • 8.4.3 Right to be present at interviews

        Summary / Citation: Work place health and safety committees and work place health and safety representatives are entitled to participate in inquiries and investigations pertaining to the health and safety of employees. This would include being present at all interviews pertaining to an investigation.

        • Canada Labour Code [R.S.C., 1985, c. L-2]. (§§ 135(7)(e) &136(5)(g))

      • 8.4.4 Right to receive professional assistance from OSH experts

        No data available.
      • 8.4.5 Right to accompany inspectors

        No data available.
      • 8.4.6 Right to use facilities

        No data available.
      • 8.4.7 Right to have time off work with pay to perform duties

        Summary / Citation: Members of work place health and safety committees and work place health and safety representatives are entitled to take time off with pay during regular working hours or be compensated for work required outside regular working hours in order to perform their functions.

        • Canada Labour Code [R.S.C., 1985, c. L-2]. (§§ 135(1)(10), 135(1)(11) & 136(9))

      • 8.4.8 Right to issue remedial notices

        Summary / Citation: Work place health and safety committees and work place health and safety representatives are not entitled to direct employers to take measures. They may recommend measures after investigating complaints but are not able to direct that measures be taken.

        • Canada Labour Code [R.S.C., 1985, c. L-2]. (§§ 127(1), 136(5)(a) & 135(7)(a))

      • 8.4.9 Right to resolve OSH issues in consultation with employers

        Summary / Citation: Work place health and safety committees and work place health and safety representatives are entitled to participate in inquiries and investigations pertaining to the health and safety of employees. This would include the resolution of OSH issues.

        • Canada Labour Code [R.S.C., 1985, c. L-2]. (§§ 135(7)(e) & 136(5)(g))

      • 8.4.10 Right to direct that dangerous work cease

        No data available.
    • 8.5 Right of workers’ representatives from outside the undertaking to address OSH issues at the workplace

      No data available.
      • 8.5.1 Right to enter the workplace

        No data available.
      • 8.5.2 Right to investigate suspected non-compliance with OSH legislation

        No data available.
      • 8.5.3 Right to consult with workers

        No data available.
      • 8.5.4 Right to advise workers

        No data available.
      • 8.5.5 Right to initiate enforcement action

        No data available.
    • 8.6 Joint OSH Committee

      Summary / Citation: Workplaces with twenty or more employees are required to have a workplace health and safety committee consisting of at least two persons, at least half of whom must be non-managerial employees. Workplaces with three hundred or more employees must also have a work place health and safety policy committee, consisting of at least two persons, at least half of whom must be non-managerial employees.

      Restrictions / obligations: Section 135(2) of the Canada Labour Code exempts employers employing employees on board a ship from establishing workplace health and safety committees.

      • Canada Labour Code [R.S.C., 1985, c. L-2]. (§ 135)

      • 8.6.1 Participation of workers’ representatives in joint OSH committee

        Summary / Citation: Employee representatives on committees must be elected by the employees or trade union. The other half of the members may be appointed by the employer.

        • Canada Labour Code [R.S.C., 1985, c. L-2]. (§ 135(1))

      • 8.6.2 Conditions for establishing a joint OSH committee

        Summary / Citation: Workplaces with twenty or more employees are required to have workplace health and safety committees, and workplaces with 300 or more employees must also have a work place health and safety policy committee.

        • Canada Labour Code [R.S.C., 1985, c. L-2]. (§§ 134(1)(1) & 135(1))

      • 8.6.3 Objectives, roles and/or functions of joint OSH committees

        Summary / Citation: Powers to consult in the development of programs, implementation of the programs through inspection and investigation and the power to monitor the programs are set out in law.

        • Canada Labour Code [R.S.C., 1985, c. L-2]. (§§ 134(1)-136(11))

      • 8.6.4 Keeping record of the work of joint OSH committees

        Summary / Citation: The minutes of health and safety committee meetings must be signed by the two chairpeople and distributed to the employer and each member of the committee as soon as possible.

        • Safety and Health Committees and Representatives Regulations (SOR/86-305). (§§ 9(1)-9(2))

      • 8.6.5 Sharing the minutes of joint OSH committees meetings

        Summary / Citation: Employers are required to post a copy of the minutes of each health and safety committee meeting for one month in a conspicuous place where the employer posts other health and safety information. Employers are required to keep a copy of the minutes of each meeting for two years and make it available for inspection by health and safety officers.

        • Canada Labour Code [R.S.C., 1985, c. L-2]. (§§ 9(3)-9(4))

    • 8.7 Mandatory training for members of joint OSH committee(s)

      Summary / Citation: Employers are required to ensure that members of policy committees and work place health and safety committees or respresentatives receive the prescribed training in health and safety and are informed of their responsibilities.

      • Canada Labour Code [R.S.C., 1985, c. L-2]. (§ 125(1)(z.01))

    • 8.8 Protection against reprisals

      Summary / Citation: Employers may not dismiss, suspend, lay off or demote, impose financial penalty or fail to pay remuneration to any employee for acting in accordance with the legislation or seeking enforcement of the legislation.

      • Canada Labour Code [R.S.C., 1985, c. L-2]. (§ 147(c))

    • 8.9 Immunity from civil and criminal liability for exercising OSH related rights and duties

      Summary / Citation: Members of work place health and safety committees and work place health and safety representatives are not personally liable for anything done or omitted when acting in good faith exercise of their rights and powers.

      • Canada Labour Code [R.S.C., 1985, c. L-2]. (§§ 135(1)(13) & 136(10))

  • 9 Specific hazards or risks

  • 10 Recording, notification and investigation of accidents/incidents and diseases

    • 10.1 Duty to record and/or investigate the causes of work accidents, near misses incidents and cases of occupational diseases

      Yes.
      • 10.1.1 Work-related accidents

        Summary / Citation: Employers are required to investigate all reports of accidents or other hazardous occurrence and provide copies of the investigation reports to work place health and safety committees or representatives. Health and Safety committees are required to ensure adequate records are maintained on accidents, injuries and hazards and all other matters that come before it, and to make those records available to regional health and safety officers upon request. If it is a disabling injury the employer must report in writing to the regional health and safety officer, and if it is not disabling a record must be kept by the employer (Labour Code, §§ 135(7)(g) & 135(9) and Canada Occupational Health and Safety Regulations, § 15).

        With respect to underground coal mining operations, the employer shall, not later than on the 15th day of every month, submit to a safety officer at the district office a written report of all accidents in the previous month (Coal Mining Occupational Health and Safety Regulations, § 166).

        With respect to oil and gas operations, every employer is required to record all accidents, occupational diseases and other hazardous occurrences of which the employer is aware that affected any of the employees and submit the report annually to the Minister (Oil and Gas Occupational Safety and Health Regulations, § 16(7)(1)).

        • Coal Mining Occupational Health and Safety Regulations (SOR/90-97). (§ 166)

        • Oil and Gas Occupational Safety and Health Regulations (SOR/87-612). (§ 16(7)(1))

        • Canada Occupational Health and Safety Regulations (SOR/86-304). (§ 15)

        • Canada Labour Code [R.S.C., 1985, c. L-2]. (§§ 135(7)(g) & 135(9)

      • 10.1.2 Near miss incidents

        Summary / Citation: If there was a potentially hazardous occurrence, regardless of injury, employers are required to investigate and provide copies of investigation reports to health and safety committees or representatives (Canada Occupational Health and Safety Regulations, § 15).

        With respect to underground coal mining operations, the employer shall, not later than on the 15th day of every month, submit to a safety officer at the district office a written report of all hazardous occurrences in the previous month, regardless of injury (Coal Mining Occupational Health and Safety Regulations, § 166).

        • Coal Mining Occupational Health and Safety Regulations (SOR/90-97). ( § 166)

        • Canada Occupational Health and Safety Regulations (SOR/86-304). (§ 15)

      • 10.1.3 Occupational diseases

        Summary / Citation: Employers are required to investigate all reports of occupational diseases or other hazardous occurrence and provide copies of the investigation reports to work place health and safety committees or representatives. Health and safety committees are required to ensure adequate records are maintained on accidents, injuries and hazards and all other matters that come before it, and to make those records available to regional health and safety officers upon request. If it is a disabling injury the employer must report in writing to the regional health and safety officer, and if it is not disabling a record must be kept by the employer (Canada Occupational Health and Safety Regulations, § 15).

        With respect to underground coal mining operations, the employer shall, not later than on the 15th day of every month, submit to a safety officer at the district office a written report of all occupational diseases in the previous month (Coal Mining Occupational Health and Safety Regulations, § 166).

        With respect to oil and gas operations, every employer is required to record all accidents, occupational diseases and other hazardous occurrences of which the employer is aware that affected any of the employees and submit the report annually to the Minister (Oil and Gas Occupational Safety and Health Regulations, § 16(7)(1)).

        • Coal Mining Occupational Health and Safety Regulations (SOR/90-97). (§ 166)

        • Oil and Gas Occupational Safety and Health Regulations (SOR/87-612). (§ 16(7)(1))

        • Canada Occupational Health and Safety Regulations (SOR/86-304). (§ 15)

    • 10.2 Employers’ duty to notify OSH authorities of work related death and/or injuries to health

      Summary / Citation: Employers are required to report to health and safety officers when any occupational accident/disease occurs resulting in the death of an employee; a disabling injury to two or more employees, the loss by an employee of a body member or a part thereof or the complete loss of the usefulness of a body member or a part thereof, the permanent impairment of a body function of an employee; an explosion, damage to a boiler or pressure vessel that results in fire or the rupture of the boiler or pressure vessel, or any damage to an elevating device that renders it unserviceable, or a free fall of an elevating device. The employer must make a report in writing to the regional health and safety officer within 14 days whenever an investigation finds a disabling injury to an employee, an electric shock, toxic atmosphere or oxygen deficient atmosphere that caused an employee to lose consciousness; the implementation of rescue, revival or other similar emergency procedures; or a fire or an explosion (Canada Occupational Health and Safety Regulations, § 15).

      With respect to underground coal mining operations, where a hazardous occurrence occurs resulting in an injury for which a person is hospitalized, a death, a fire or an explosion, or damage to a hoist, ventilation system or other equipment that is essential to the safety or health of employees, the employer must notify a safety officer (Coal Mining Occupational Health and Safety Regulations, § 164).

      With respect to oil and gas enterprises, the employer shall report, by the most rapid means of communication available to the employer, the date, time, location and nature of any accident, occupational disease or other hazardous occurrence resulting in the death of an employee, a missing person, a disabling injury, the implementation of emergency rescue, a fire or explosion that threatened the safety of an employee, the free fall of an elevating device that rendered the elevating device unsafe or an accidental accumulation, spill or leak of a ahazardous substance or the loss of damage to support craft (Oil and Gas Occupational Safety and Health Regulations, § 16(4)).

      The employer must make a report in writing to the regional health and safety officer within 14 days whenever an investigation finds a fire or an explosion, regardless of injury (Canada Occupational Health and Safety Regulations, § 15).

      • Coal Mining Occupational Health and Safety Regulations (SOR/90-97). (§ 164)

      • Oil and Gas Occupational Safety and Health Regulations (SOR/87-612). (§ 16(4))

      • Canada Occupational Health and Safety Regulations (SOR/86-304). (§ 15)

  • 11 OSH inspection and enforcement of OSH legislation

    • 11.1 Appointment of OSH inspectors

      Summary / Citation: The Minister of Labour may appoint health and safety officers to carry out OSH related duties but is not required to do so. However the legislation requires health and safety officers to undertake certain tasks so these officer must, de facto, be appointed.

      Remarks / comments: The Minister of Labour in conjunction with Human Resources and Skills Development Canada does have a labour program that includes permanent regional health and safety officers to carry out these tasks, even though only discretionary at law.

      • Canada Labour Code [R.S.C., 1985, c. L-2]. (§ 140(1))

    • 11.2 OSH inspectors’ powers

      Sometimes.
      • 11.2.1 Power to enter workplaces

        Summary / Citation: Health and safety officers may enter any work place to conduct investigations or inspections.

        • Canada Labour Code [R.S.C., 1985, c. L-2]. (§ 141(1))

      • 11.2.2 Power to inspect and carry out any examination, test or enquiry

        Summary / Citation: Health and safety officers may enter any work place to conduct inspections and take or remove samples of any material or equipment, take photographs and sketches and meet with relevant people.

        • Canada Labour Code [R.S.C., 1985, c. L-2]. (§ 141(1))

      • 11.2.3 Power to investigate

        Summary / Citation: Health and safety officers may enter any work place to conduct investigations and take or remove samples of any material or equipment, take photographs and sketches and meet with relevant people.

        • Canada Labour Code [R.S.C., 1985, c. L-2]. (§ 141(1))

      • 11.2.4 Duty to provide advice on OSH

        No data available.
    • 11.3 OSH inspectors’ enforcement powers

      Sometimes.
      • 11.3.1 Power to issue orders or notices

        Summary / Citation: Health and safety officers may direct employers to terminate contraventions of the Code or take steps to ensure that the contravention does not continue to occur.

        • Canada Labour Code [R.S.C., 1985, c. L-2]. (§ 145(1))

      • 11.3.2 Power to impose financial penalties

        No data available.
      • 11.3.3 Power to revoke or suspend licenses or authorisations

        No data available.
      • 11.3.4 Power to require the cessation of dangerous work

        Summary / Citation: Health and safety officers may direct employers to terminate contraventions of the Code or take steps to ensure that the contravention does not continue to occur.

        • Canada Labour Code [R.S.C., 1985, c. L-2]. (§ 145(1))

      • 11.3.5 Power to initiate prosecutions

        No data available.
      • 11.3.6 Power to conduct prosecutions

        No data available.
      • 11.3.7 Other enforcement powers

        Summary / Citation: Health and safety officers may direct employers to terminate contraventions of the Code or take steps to ensure that the contravention does not continue to occur.

        • Canada Labour Code [R.S.C., 1985, c. L-2]. (§ 145(1))

    • 11.4 Application of sanctions by courts

      Yes.
      • 11.4.1 Financial penalties for legal persons

        Summary / Citation: If a corporation is prosecuted, 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: any officer, director, agent or mandatary of the corporation; any senior official in the department in, or portion of, the federal public administration; or any other person exercising managerial or supervisory functions in the corporation or department in, or portion of, the federal public administration.

        • Canada Labour Code [R.S.C., 1985, c. L-2]. (§ 149(2))

      • 11.4.2 Financial penalties for natural persons

        Summary / Citation: Maximum on summary conviction $ 96,580.14 USD and maximum for indictment $965,646.17 USD. Where death occurs or the person was found to have willingly violated the maximum is $965,646.17 USD for either summary or indictment convictions.

        • Canada Labour Code [R.S.C., 1985, c. L-2]. (§ 148(1))

      • 11.4.3 Non-financial sanctions

        Summary / Citation: The Labour Code gives power to the Canada Industrial Relations Board to hear and dispose of complaints made regarding Part II of the Code, occupational health and safety matters. The Board may issue discretionary non-financial sanctions.

        • Canada Labour Code [R.S.C., 1985, c. L-2]. (§ 156)

      • 11.4.4 Criminal liability

        Summary / Citation: Nothing in the legislation prevents prosectuion for offences under mainstream criminal law.

      • 11.4.5 Terms of imprisonment for natural persons

        Summary / Citation: Maximum on indictment two years.

        • Canada Labour Code [R.S.C., 1985, c. L-2]. (§ 148(1))

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