Canada Gazette, Part I, Volume 146, Number 24: Regulations Amending Certain Regulations Made under the Canada Labour Code
June 16, 2012
Statutory authority
Canada Labour Code
Sponsoring departments
Department of Human Resources and Skills Development and Department of Transport
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
1. Background
Part Ⅱ of the Canada Labour Code imposes a number of requirements on the employer in order to protect the health and safety of its employees. One of the requirements is to provide prescribed first-aid facilities and health services (paragraph 125(1)(h)). Specifically, employers are required to ensure that workplaces have a first-aid attendant who is trained by an approved organization. In order to be approved to deliver first-aid training, organizations must apply in writing to the Minister of Labour and demonstrate how their training program meets the prescribed criteria and elements.
The Canada Occupational Health and Safety Regulations (COHSR) and the Aviation Occupational Health and Safety Regulations (AOHSR) set out an approval process for organizations wishing to deliver first-aid training. The Minister of Labour shall approve an application by an organization to offer courses if the training program contains the elements and meets the criteria set out in Schedule V to Part XVI of the COHSR or Schedule 1 to Part 9 of the AOHSR.
Unlike in the COHSR and the AOHSR, no approval process is set out in the Maritime Occupational Health and Safety Regulations (MOHSR). The MOHSR holds a double requirement for employers to ensure that at least one employee holds a first-aid training certificate that meets the requirements of the Marine Personnel Regulations (MPR) and that one employee holds a two-day first-aid training certificate from an organization approved by the Minister of Labour under the COHSR.
2. Issue
Budget 2010 announced that the Labour Program had found ways to achieve savings by eliminating red tape and streamlining service delivery. One of the items recommended in this context is the elimination of the requirement for organizations to be approved by the Minister of Labour to teach first-aid. Specifically, it was found that this requirement created undue administrative burden and red tape for the Government of Canada and organizations wishing to deliver first-aid training, as it was duplicative of provincial and territorial governments’ approval of such organizations, and was not needed to protect workers’ health and safety.
In addition, the Standing Joint Committee for the Scrutiny of Regulations (SJCSR) has raised concerns regarding the distinction between the authority for the Minister of Labour to cancel or to suspend the approval of an organization for the purpose of offering first-aid courses.
3. Objectives
The main objectives of the proposed amendments are to
- facilitate the delivery of first-aid training to employees of the federal jurisdiction; and
- address outstanding concerns of the SJCSR.
4. Description
COHSR and AOHSR
The amendments to the COHSR and the AOHSR would repeal the requirement for organizations to seek the Minister of Labour’s approval to deliver first-aid courses. The onus would be on the employer to ensure that the first-aid training program is given by a qualified person who holds valid certification from an approved organization attesting that he or she is competent to deliver such training. The definition of “approved organization” will be modified to state that any organization approved at the provincial or territorial level to deliver first-aid training is considered approved under federal jurisdiction.
In the COHSR, the definitions of “basic first aid certificate” and “standard first aid certificate” (sections 1.2 and 16.1, respectively) would be changed to specify that the certificate may be issued by the qualified person delivering the course or the organization that developed the training, as the case may be.
The amendments would also prescribe in the COHSR that the advanced first-aid training program, including wilderness first-aid, needs to be reviewed by the employer, in consultation with the workplace committee or health and safety representative at least once every three years and whenever there is a change of circumstances that may affect the content of the training. This new requirement will ensure that the advanced first-aid training program is always adapted to the realities of the workplace.
Finally, the testing criteria, qualifications of instructors and other criteria will be repealed from Schedule V in the COHSR and Schedule 1 in the AOHSR. These were included in the schedules as part of the requirement to obtain the Minister of Labour’s approval and will no longer be required.
MOHSR
Similar to those of the COHSR and the AOHSR, the proposed amendments to the MOHSR would modify the definition of “approved organization” to state that any organization approved at the provincial or territorial level is approved under federal jurisdiction. Furthermore, as there is also a requirement for the employer to ensure that there is at least one employee who holds a first-aid training certificate that meets the requirements of the MPR, it was deemed appropriate that organizations approved under the MPR to deliver basic or standard first-aid training be approved for the purposes of the MOHSR.
SJCSR
Certain concerns of the SJCSR raised in 2003 will also be addressed as part of this regulatory package. The repeal of subsections 16.12(7) and (8), relating to suspension or cancellation of the Minister of Labour’s approval of first-aid organizations, will address concerns raised by the SJCSR regarding the distinction between the authority for the Minister to cancel or to suspend the approval of an organization for the purpose of offering first-aid courses.
5. Consultation
In 1986, Labour Canada, now the Labour Program, established the Regulatory Review Committee (RRC) for the technical revision of federal occupational health and safety regulations. The RRC is comprised of employer and employee representatives, as well as Labour Program experts in the field of occupational health and safety.
Through the RRC, the Labour Program identified interested and affected parties and provided them with the opportunity to participate in open, meaningful and balanced consultations at all stages of the regulatory process. From winter to fall 2011, four teleconferences were held with a wide range of stakeholders to discuss the proposed amendments. A complete list of participants is available upon request. Furthermore, a presentation on the proposed amendments was made during the fall 2011 national Canadian Marine Advisory Council meeting in Ottawa.
Employer representatives were generally in favour of the proposed amendments. The proposed performance-based approach was seen by employer stakeholders as ideal to ensure that they have the flexibility to select an appropriate first-aid trainer or to deliver the training in-house.
Employee stakeholders expressed a preference for the status quo as they favoured a more prescriptive approach. To alleviate some of their concerns, the proposed amendments will require that the qualified person delivering the training hold valid certification from a provincially or territorially approved organization. This will provide a safeguard for employees to ensure that the person delivering the training is qualified to do so.
Two provinces currently refer to the federal approval process in their occupational health and safety regulations (Nova Scotia and Prince Edward Island). They were advised of the proposed amendments through the Canadian Association of Administrators of Labour Legislation — Occupational Safety and Health Committee. Representatives from both provinces indicated that no gaps would be brought about by the proposed amendments.
6. Rationale
The proposed amendments were found to be the ideal way to achieve the objectives of reducing red tape and administrative burden. The removal of the requirement for organizations to seek the Minister of Labour’s approval would make it easier and less onerous for them to meet their legal obligations, while allowing the Government of Canada to take full advantage of the occupational health and safety expertise of the provinces and territories.
The proposed amendments would not affect the health and safety of workers as they relate purely to service delivery and will not affect the course content, the duration of the training or the requirement to provide training. Although ministerial approval will no longer be required, due diligence will still be carried out as the employer will be able to ensure that employees are adequately trained by verifying with the qualified person that the training elements prescribed in the schedule are met.
The approach is fully aligned with similar requirements in the COHSR, AOHSR and MOHSR for employers to provide training for employees carrying out emergency procedures and hazardous activities such as diving, or operating machinery and equipment. Such provisions consistently place the responsibility on the employer to ensure persons are adequately trained and qualified for these activities to be carried out safely.
7. Implementation, enforcement and service standards
Implementation
Approximately 90% of federally approved organizations are also approved under one province or territory. The proposed amendments will not affect these organizations as they will be able to keep delivering training to federally regulated employees without seeking further approvals. The remaining 10% will need to either seek approval from a province or territory or have their instructor certified by an approved organization before they can deliver first-aid training.
Enforcement
Health and safety concerns at the workplace should first be addressed through the internal complaint resolution process (ICRP). The process provides the employer or supervisor with the opportunity to address and correct employee concerns without the need to involve the workplace health and safety committee, the health and safety representative or a health and safety officer.
Unresolved complaints may be referred to the workplace committee or health and safety representative for investigation who will inform the employer of the results of the investigation.
If the parties cannot come to a resolution, the complaint can be referred to a health and safety officer who will first ensure that the ICRP has been followed and then investigate. Enforcement actions for non-compliance may range from the issuance of a written notice to further steps such as the initiation of a prosecution.
8. Contact
Bruce Kennedy
Policy Analyst
Occupational Health and Safety Policy Unit
Labour Program
Human Resources and Skills Development Canada
165 De l’Hôtel-de-Ville Street, 10th Floor
Gatineau, Quebec
K1A 0J2
Telephone: 819-994-0938
Fax: 819-953-1743
Email: bruce.kennedy@labour-travail.gc.ca
PROPOSED REGULATORY TEXT
Notice is given that the Governor in Council, pursuant to sections 125 (see footnote a), 125.1 (see footnote b), 126 (see footnote c) and 157 (see footnote d) of the Canada Labour Code (see footnote e), proposes to make the annexed Regulations Amending Certain Regulations Made under the Canada Labour Code.
Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part Ⅰ, and the date of publication of this notice, and be addressed to Bruce Kennedy, Policy Analyst, Occupational Health and Safety Policy Unit, Labour Program, Human Resources and Skills Development Canada, 165 Hôtel-de-Ville Street, 10th Floor, Gatineau, Quebec K1A 0J2 (tel.: 819-994-0938; fax: 819-953-1743; email: bruce.kennedy@labour-travail. gc.ca).
Ottawa, June 7, 2012
JURICA ČAPKUN
Assistant Clerk of the Privy Council
REGULATIONS AMENDING CERTAIN REGULATIONS MADE UNDER THE CANADA LABOUR CODE
CANADA OCCUPATIONAL HEALTH AND SAFETY REGULATIONS
1. The definitions “approved organization” and “basic first aid certificate” in section 1.2 of the Canada Occupational Health and Safety Regulations (see footnote 1) are replaced by the following:
“approved organization” means an organization that is approved by any province for the teaching of first aid; (organisme agréé)
“basic first aid certificate” means the certificate issued by either a qualified person or the organization that developed the training, as the case may be, for successful completion of a one-day first aid course; (certificat de secourisme élémentaire)
2. The definition “standard first aid certificate” in section 16.1 of the Regulations is replaced by the following:
“standard first aid certificate” means the certificate issued by either a qualified person or the organization that developed the training, as the case may be, for successful completion of a two-day first aid course; (certificat de secourisme général)
3. Section 16.12 of the Regulations is replaced by the following:
16.12 (1) The courses for the basic first aid certificate and for the standard first aid certificate shall include the subjects set out in Schedule V.
(2) Basic, standard and advanced first aid attendant training courses, including wilderness first aid courses, shall be given by a qualified person who holds a valid certification from an approved organization attesting that they are competent to deliver first aid training.
(3) For advanced first aid, including wilderness first aid, the employer shall determine, in consultation with the workplace committee or the health and safety representative, the first aid training requirements for the workplace, having regard to the particular nature of the workplace.
(4) The employer shall review the training program in consultation with the workplace committee or the health and safety representative at least once every three years and whenever there is a change of circumstances that may affect the content of the training.
(5) Basic, standard and advanced first aid certificates, including wilderness first aid courses, are valid for a maximum of three years from the date of issue.
4. Schedule V to Part XVI of the Regulations is amended by replacing “(Subsections 16.12(4) and (7))” after the heading “SCHEDULE V” with (Subsection 16.12(1))”.
5. The heading “TESTING CRITERIA” and items 1 and 2 after that heading in Schedule V to Part XVI of the Regulations are repealed.
6. The heading “QUALIFICATIONS OF INSTRUCTORS” and items 1 and 2 after that heading in Schedule V to Part XVI of the Regulations are repealed.
7. The heading “OTHER CRITERIA” and items 1 to 5 after that heading in Schedule V to Part XVI of the Regulations are repealed.
MARITIME OCCUPATIONAL HEALTH AND SAFETY REGULATIONS
8. The definition “approved organization” in section 1 of the Maritime Occupational Health and Safety Regulations (see footnote 2) is replaced by the following:
“approved organization” means an organization that is approved by any province for the teaching of first aid, or a recognized institution within the meaning of subsection 1(1) of the Marine Personnel Regulations. (organisme agréé)
AVIATION OCCUPATIONAL HEALTH AND SAFETY REGULATIONS
9. Subsection 1.1(1) of the Aviation Occupational Health and Safety Regulations (see footnote 3) is amended by adding the following in alphabetical order:
“approved organization” means an organization that is approved by any province for the teaching of first aid. (organisme agréé)
10. Subsection 9.5(4) of the Regulations is replaced by the following:
(4) First aid attendant training courses shall be given by a qualified person who holds a valid certification from an approved organization attesting that they are competent to deliver first aid training.
11. Section 9.6 of the Regulations and the heading before it are repealed.
12. Schedule 1 to Part 9 of the Regulations is amended by replacing “(Sections 9.5 and 9.6)” after the heading “SCHEDULE 1” with “(Section 9.5)”.
13. The heading before item 4 and items 4 to 12 of Schedule 1 to Part 9 of the Regulations are repealed.
COMING INTO FORCE
14. These Regulations come into force on the day on which they are registered.
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