Canada Labour Code (R.S.C., 1985, c. L-2)

Special Safety Measures

Marginal note:Direction to terminate contravention

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

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

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

• Marginal note:Confirmation in writing

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

  • (a) before the officer leaves the work place, if the officer 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 Minister considers that the use or operation of a machine or thing, a condition in a place or the performance of an activity constitutes a danger to an employee while at work,

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

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

• Marginal note:Dangerous situations  — direction to employee

  (2.1) If the Minister considers that the use or operation of a machine or thing by an employee, a condition in a place or the performance of an activity by an employee constitutes a danger to the employee or to another employee, the Minister shall, in addition to the directions issued under paragraph (2)(a), issue a direction in writing to the employee to discontinue the use, operation or activity or cease to work in that place until the employer has complied with the directions issued under that paragraph.

• Marginal note:Posting notice of danger

  (3) If the Minister issues a direction under paragraph (2)(a), the Minister shall affix or cause to be affixed to or near the place, machine or thing in respect of which the direction is issued, or in the area in which the activity in respect of which the direction is issued is performed, a notice of danger in the form and containing the information that the Minister may specify, and no person shall remove the notice unless authorized to do so by the Minister.

• Marginal note:Cessation of use

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

• Marginal note:Copies of directions and reports

  (5) If the Minister issues a direction in writing under subsection (1) or (2) or makes a report in writing to an employer on any matter under this Part, the employer shall without delay

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

  • (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 Minister issues a direction under subsection (1), (2) or (2.1) or makes a report referred to in subsection (5) in respect of an investigation made by the Minister following a complaint, the Minister shall immediately provide a copy of the direction or report to each person, if any, whose complaint led to the investigation.

• Marginal note:Copy to employer

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

• Marginal note:Response to direction or report

  (8) If the Minister issues a direction under subsection (1), (2) or (2.1) or makes a report referred to in subsection (5), the Minister may require the employer or the employee to whom the direction is issued or to whom the report relates to respond in writing to the direction or report, within the time that the Minister may specify. The employer or employee shall provide a copy of the response to the policy committee and a copy to the work place committee or the health and safety representative.

Appeals of Decisions and Directions

Marginal note:Appointment

• 145.1 (1) The Minister may designate as an appeals officer for the purposes of this Part any person who is qualified to perform the duties of such an officer.

• Marginal note:Status

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

• Marginal note:Limitation of liability

  (3) An appeals officer is not personally liable for anything done or omitted to be done by the officer in good faith under the authority or purported authority of this Part.

Marginal note:Appeal of direction

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

• Marginal note:Direction not stayed

  (2) Unless otherwise ordered by an appeals officer on application by the employer, employee or trade union, an appeal of a direction does not operate as a stay of the direction.

Marginal note:Inquiry

• 146.1 (1) If an appeal is brought under subsection 129(7) or section 146, the appeals officer 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 appeals officer considers appropriate under subsection 145(2) or (2.1).

• Marginal note:Decision and reasons

  (2) The appeals officer shall provide a written decision, with reasons, and a copy of any direction to the employer, employee or trade union concerned, and the employer shall, without delay, give a copy of it to the work place committee or health and safety representative.

• Marginal note:Posting of notice

  (3) If the appeals officer 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 appeals officer may specify, and no person may remove the notice unless authorized to do so by the appeals officer.

• Marginal note:Cessation of use

  (4) If the appeals officer directs, under paragraph (1)(b), that a machine, thing or place not be used or an activity not be performed until the direction is complied with, no person may use the machine, thing or 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.

Marginal note:Powers

146.2 For the purposes of a proceeding under subsection 146.1(1), an appeals officer may

• (a) summon and enforce the attendance of witnesses and compel them to give oral or written evidence under oath and to produce any documents and things that the officer considers necessary to decide the matter;

• (b) administer oaths and solemn affirmations;

• (c) receive and accept any evidence and information on oath, affidavit or otherwise that the officer sees fit, whether or not admissible in a court of law;

• (d) examine records and make inquiries as the officer considers necessary;

• (e) adjourn or postpone the proceeding from time to time;

• (f) abridge or extend the time for instituting the proceeding or for doing any act, filing any document or presenting any evidence;

• (g) make a party to the proceeding, at any stage of the proceeding, any person who, or any group that, in the officer’s opinion has substantially the same interest as one of the parties and could be affected by the decision;

• (h) determine the procedure to be followed, but the officer shall give an opportunity to the parties to present evidence and make submissions to the officer, and shall consider the information relating to the matter;

• (i) decide any matter without holding an oral hearing; and

• (j) order the use of a means of telecommunication that permits the parties and the officer to communicate with each other simultaneously.