Vol. 148, No. 13 — June 18, 2014

Registration

SOR/2014-148 June 6, 2014

CANADA LABOUR CODE

Regulations Amending Certain Regulations Made Under the Canada Labour Code

P.C. 2014-649 June 5, 2014

Whereas, pursuant to paragraph 157(3)(b) (see footnote a) of the Canada Labour Code (see footnote b), regulations of the Governor in Council under subsection 157(1) (see footnote c) or (1.1) (see footnote d) of that Act in respect of occupational safety and health of employees employed on or in connection with exploration or drilling for the production, conservation, processing or transportation of oil or gas in frontier lands, as defined in the Canada Petroleum Resources Act (see footnote e), are made on the recommendation of the Minister of Labour, the Minister of Indian Affairs and Northern Development and the Minister of Natural Resources, the latter taking into consideration any recommendations made by the National Energy Board in relation to the regulations;

Whereas the National Energy Board has not made any recommendation in relation to the regulations;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Labour, the Minister of Transport, the Minister of Indian Affairs and Northern Development and the Minister of Natural Resources, pursuant to sections 125 (see footnote f), 125.1 (see footnote g), 126 (see footnote h), 135.2 (see footnote i) and 157 (see footnote j) of the Canada Labour Code (see footnote k), makes the annexed Regulations Amending Certain Regulations Made Under the Canada Labour Code.

REGULATIONS AMENDING CERTAIN REGULATIONS MADE UNDER THE CANADA LABOUR CODE

CANADA OCCUPATIONAL HEALTH AND SAFETY REGULATIONS

1. The definition “regional office” in section 1.2 of the Canada Occupational Health and Safety Regulations (see footnote 1) is replaced by the following:

“regional office”, in respect of a work place, means the office of the Department of Employment and Social Development that is responsible for the Department’s Labour Program in any of the Department’s administrative regions in which the work place is situated; (bureau régional)

2. Section 1.5 of the Regulations is replaced by the following:

1.5 If an employer is required by section 125 or 125.1 of the Act to keep and maintain a record, report or other document, the employer shall keep and maintain the record, report or other document in such a manner that it is readily available for examination by the Minister and by the work place committee or the health and safety representative for the work place to which it applies.

3. (1) Subsection 5.16(2) of the Regulations is replaced by the following:

(2) Notice of the proposed backfilling shall be given to the Minister before backfilling is done over a pressure vessel.

(2) Subsection 5.16(4) of the Regulations is replaced by the following:

(4) If, on an inspection referred to in subsection (3), the test plates show no corrosion, the buried pressure vessel may be completely uncovered and inspected at intervals exceeding three years if the employer, immediately after the inspection, notifies the Minister in writing of the condition of the test plates and of the proposed inspection schedule for the pressure vessel.

4. The heading before section 7.6 of the Regulations is replaced by the following:

REPORT TO MINISTER

5. Paragraph 7.6(a) of the Regulations is replaced by the following:

6. Paragraph 12.10(1.1)(b) of the Regulations is replaced by the following:

7. Paragraph 14.38(3)(a) of the Regulations is replaced by the following:

8. The portion of section 15.5 of the Regulations before paragraph (a) is replaced by the following:

15.5 The employer shall report to the Minister, by telephone or telex, the date, time, location and nature of any accident, occupational disease or other hazardous occurrence referred to in section 15.4 that had one of the following results, as soon as feasible but not later than 24 hours after becoming aware of that result:

9. Paragraph 15.8(2)(b) of the Regulations is replaced by the following:

10. Section 15.9 of the Regulations is replaced by the following:

15.9 If an accident referred to in subsection 15.4(2) results in a circumstance referred to in subsection 15.8(1), the employer shall, within 14 days after the receipt of the police report of the accident, submit a copy of that report to the Minister.

11. Paragraph 15.11(a) of the Regulations is replaced by the following:

12. Subsection 20.7(3) of the Regulations is replaced by the following:

(3) The employer shall keep, for a period of three years, a written or electronic record of findings following the review of the work place violence prevention measures, and make it readily available for examination by the Minister.

SAFETY AND HEALTH COMMITTEES AND REPRESENTATIVES REGULATIONS

13. Subsection 9(4) of the Safety and Health Committees and Representatives Regulations (see footnote 2) is replaced by the following:

(4) A copy of the minutes referred to in subsection (1) shall be kept by the employer at the work place to which it applies or at the head office of the employer for a period of two years after the day on which the safety and health committee meeting is held in such a manner that it is readily available for examination by the Minister.

14. Paragraph 10(a) of the Regulations is replaced by the following:

ON BOARD TRAINS OCCUPATIONAL SAFETY AND HEALTH REGULATIONS

15. The definition “regional safety officer” in section 1.1 of the On Board Trains Occupational Safety and Health Regulations (see footnote 3) is repealed.

16. Section 1.4 of the Regulations is replaced by the following:

1.4 If an employer is required to keep and maintain a record, report or other document referred to in section 125 or 125.1 of the Act, the employer shall keep and maintain the record, report or other document in such a manner that it is readily available for examination by the Minister and by the safety and health committee or the safety and health representative, if either exists, for the work place to which it applies.

17. Paragraph 4.2(3)(a) of the Regulations is replaced by the following:

18. The portion of section 11.4 of the Regulations before paragraph (a) is replaced by the following:

11.4 The employer shall report the date, time, location and nature of any accident, occupational disease or other hazardous occurrence referred to in section 11.3 by telephone or telex to the Minister as soon as feasible but not later than 24 hours after becoming aware of the occurrence, if the hazardous occurrence results in

19. (1) Subsection 11.7(2) of the Regulations is replaced by the following:

(2) A copy of the report made in accordance with subsection (1) shall, within 14 days after the hazardous occurrence, be submitted by the employer to the Minister.

(2) Subsection 11.7(4) of the Regulations is replaced by the following:

(4) If there is a hazardous occurrence that results in injury to an employee, other than a hazardous occurrence referred to in subsection (1), a written report made in the form set out in Schedule II to this Part and containing the information required by that form shall, within 14 days after the hazardous occurrence, be submitted by the employer to the Minister.

20. Subsection 11.8(1) of the Regulations is replaced by the following:

11.8 (1) Every employer shall, not later than March 1 in each year, submit to the Minister a written report setting out the number of accidents, occupational diseases and other hazardous occurrences of which the employer is aware affecting any of the employer’s employees in the course of employment during the 12-month period ending on December 31 in the preceding year.

21. Paragraph 11.9(1)(a) of the Regulations is replaced by the following:

OIL AND GAS OCCUPATIONAL SAFETY AND HEALTH REGULATIONS

22. Section 1.4 of the Oil and Gas Occupational Safety and Health Regulations (see footnote 4) is replaced by the following:

1.4 If an employer is required to keep and maintain a record, report or other document referred to in section 125 or 125.1 of the Act, the employer shall keep and maintain the record, report or other document in such a manner that it is readily available for examination by the Minister and by the safety and health committee or the safety and health representative, if either exists, for the work place to which it applies.

23. Section 6.7 of the Regulations is replaced by the following:

6.7 Notice of a proposed backfilling over a buried pressure vessel shall be given to the Minister before the backfilling is begun.

24. Paragraph 8.2(3)(a) of the Regulations is replaced by the following:

25. Paragraph 15.42(2)(a) of the Regulations is replaced by the following:

26. (1) The portion of subsection 16.4(1) of the Regulations before paragraph (a) is replaced by the following:

16.4 (1) 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 referred to in section 16.3 to the Minister and to the safety and health committee or the safety and health representative, if either exists, as soon as feasible but not later than 24 hours after becoming aware of the occurrence, if the occurrence resulted in one of the following circumstances:

(2) Paragraph 16.4(2)(a) of the Regulations is replaced by the following:

27. Section 16.5 of the Regulations is replaced by the following:

16.5 If an investigation referred to in subsection 16.3(2) reveals that the accident resulted in a circumstance referred to in subsection 16.4(1), the employer shall, within 14 days after the receipt of the report of the accident made by the police or other investigating authority, submit a copy of the report to the Minister.

28. Subsection 16.8(1) of the Regulations is replaced by the following:

16.8 (1) Subject to subsection (2), every employer shall keep a copy of each report and record referred to in this Part for one year after the day on which it was submitted to the Minister.

MARITIME OCCUPATIONAL HEALTH AND SAFETY REGULATIONS

29. Subsection 4(1) of the Maritime Occupational Health and Safety Regulations (see footnote 5) is replaced by the following:

4. (1) If an employer is required to keep and maintain a record, report or other document referred to in section 125 or 125.1 of the Act, the employer must keep and maintain the record, report or other document and make it readily available for examination by the Minister, the work place committee or the health and safety representative, as the case may be, and the policy committee, if one exists, for the vessel to which it applies.

30. Subsection 101(3) of the Regulations is replaced by the following:

(3) The employer must keep, for a period of three years, a paper or electronic record of findings following the review of the work place violence prevention measures and make it readily available for examination by the Minister.

31. Paragraph 235(3)(a) of the Regulations is replaced by the following:

32. The heading before section 277 of the Regulations is replaced by the following:

IMMEDIATE REPORT TO MINISTER

33. The portion of section 277 of the Regulations before paragraph (a) is replaced by the following:

277. The employer must report to the Minister the date, time, location and nature of any accident, occupational disease or other hazardous occurrence that has one of the following results, as soon as feasible but not later than 24 hours after becoming aware of that result:

34. Paragraph 279(2)(a) of the Regulations is replaced by the following:

AVIATION OCCUPATIONAL HEALTH AND SAFETY REGULATIONS

35. Section 1.3 of the Aviation Occupational Health and Safety Regulations (see footnote 6) is replaced by the following:

1.3 An employer who is required to keep and maintain a record, report or other document under section 125 or 125.1 of the Act shall ensure that it is readily available for examination by the Minister and by the work place committee or the health and safety representative for the work place to which it applies.

36. The heading before section 2.6 of the Regulations is replaced by the following:

REPORT TO MINISTER

37. Paragraph 2.6(a) of the Regulations is replaced by the following:

38. The portion of section 10.4 of the Regulations before paragraph (a) is replaced by the following:

10.4 The employer shall report to the Minister, by telecommunication, the date, time, location and nature of any accident, occupational disease or other hazardous occurrence referred to in section 10.3 that has one of the following results, as soon as feasible but not later than 24 hours after becoming aware of that result:

39. Paragraph 10.6(2)(b) of the Regulations is replaced by the following:

COMING INTO FORCE

40. These Regulations come into force on the day on which Division 5 of Part 3 of the Economic Action Plan 2013 Act, No. 2, chapter 40 of the Statutes of Canada, 2013, comes into force.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

Amendments to Part II of the Canada Labour Code (the Code), made in the Economic Action Plan 2013 Act, No. 2 (the Act), will come into force on October 31, 2014. These legislative amendments will remove all references to health and safety officers and regional health and safety officers, including their definitions, and provide the Minister of Labour with the powers, duties and functions previously conferred to these individuals. In turn, the Minister of Labour will have the authority, under subsection 140(1) of the Code, to delegate, to any qualified person or class of persons, any of the powers, duties or functions that the Minister is authorized to exercise or perform under Part II of the Code.

These legislative amendments are not currently reflected in a number of regulations made under the Code: the Canada Occupational Health and Safety Regulations (COHSR), the Aviation Occupational Health and Safety Regulations (AOHSR), and the Maritime Occupational Health and Safety Regulations (MOHSR). These regulations contain references to health and safety officers and regional health and safety officers. Leaving those references would introduce a corresponding risk of confusion for stakeholders, as well as undermine the Minister’s ability to delegate powers, duties and functions to qualified persons or class of persons.

Similarly, the On Board Trains Occupational Safety and Health Regulations (OTOSHR), the Oil and Gas Occupational Safety and Health Regulations (OGOSHR) and the Safety and Health Committees and Representatives Regulations (SHCRR) still use the terms “regional safety officer” and “safety officer” for which definitions were repealed from the Code in 2000.

Background

Part II of the Code, which governs occupational health and safety for employers and employees in industries under federal jurisdiction (e.g. banking, telecommunications, interprovincial and international road transportation) was enacted in 1986. The purpose of Part II of the Code is to prevent accidents and injury to health arising out of, linked with or occurring in the course of employment to which it applies. Approximately 1.2 million employees are covered under Part II of the Code, representing under 10% of the Canadian workforce.

In addition to the Code, a number of regulations exist which set out in greater detail the obligations of employers and employees with regards to occupational health and safety. Most federally regulated employers and employees are regulated under the COHSR. Moreover, four separate regulations take into account the particularities of workplaces and prescribe protections for employees in specific federally regulated industries

Finally, the SHCRR apply to all federally regulated employers and employees under federal jurisdiction, regardless of the workplace.

Objectives

The objective of the amendments to the COHSR, AOHSR, MOHSR, OTOSHR, OGOSHR and SHCRR is to align these regulations with the amendments made to Part II of the Code, in order to avoid

Description

The amendments will replace the terms “health and safety officer” and “regional health and safety officer” with references to the Minister of Labour in the COHSR, AOHSR and MOHSR.

The amendments will replace the terms “regional safety officer” and “safety officer” with references to the Minister of Labour in the OTOSHR, OGOSHR and SHCRR.

“One-for-One” Rule

The “One-for-One” Rule does not apply to the amendments, as there is no change in administrative costs to business.

Small business lens

The small business lens does not apply to the amendments, as there is no change in costs to small business.

Consultation

The amendments are consequential to the legislative amendments made to Part II of the Code. Stakeholders were given the opportunity to provide comments on the legislative amendments through the parliamentary process, when the bill was considered by the House of Commons and Senate committees.

As the regulatory amendments are necessary to align the regulations with amendments to the Code considered by Parliament, no additional consultations were necessary.

Rationale

The amendments will align the COHSR, AOHSR, MOHSR, OTOSHR, OGOSHR and SHCRR with the Code, thereby avoiding inconsistencies between the Code and the regulations. The amendments will also ensure that the regulations do not introduce a corresponding risk of confusion for stakeholders, as well as undermine the Minister’s authority, under subsection 140(1) of the Code, to delegate powers, duties and functions to qualified persons or class of persons, as of October 31, 2014. The amendments do not result in impacts or costs for stakeholders.

Implementation, enforcement and service standards

Both the amendments to the Code and the regulatory amendments to the COHSR, AOHSR, MOHSR, OTOSHR, OGOSHR and SHCRR will come into force on October 31, 2014.

Prior to coming into force, the Labour Program’s interpretations, policies and guidelines will be updated to reflect the legislative and regulatory modifications. However, as the amendments are consequential and do not make any substantive changes to any of the provisions affected, no incremental implementation or enforcement activities are anticipated.

While all references to health and safety officers and regional health and safety officers will be removed from the Code and the regulations, their positions will not be abolished. Both health and safety officers and regional health and safety officers will remain key to the enforcement of Part II of the Code, and remain available to respond to situations that require immediate intervention.

Contact

Shafi Askari-Farahani
Policy Analyst
Occupational Health and Safety Policy Unit
Labour Program
Employment and Social Development Canada
165 De l’Hôtel-de-Ville Street, 10th Floor
Gatineau, Quebec
K1A 0J2
Telephone: 819-654-4468
Fax: 819-953-4830
Email: shafi.askarifarahani@labour-travail.gc.ca