Regulations Amending Certain Regulations Made Under the Canada Labour Code: SOR/2021-122
Canada Gazette, Part II, Volume 155, Number 13
Registration
SOR/2021-122 June 4, 2021
CANADA LABOUR CODE
P.C. 2021-505 June 3, 2021
Whereas, pursuant to subsection 157(3) footnote a of the Canada Labour Code footnote b, regulations of the Governor in Council under subsection 157(1) footnote c or (1.1) footnote d of that Act are made in respect of occupational safety and health of employees employed on ships, trains or aircraft, while in operation, on the recommendation of the Minister of Labour and the Minister of Transport;
Therefore, His Excellency the Administrator of the Government of Canada in Council, on the recommendation of the Minister of Labour and the Minister of Transport, pursuant to sections 157footnote a and 270 footnote e of the Canada Labour Code footnote b, 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 Subsection 4.4(1) of the English version of the Canada Occupational Health and Safety Regulations footnote 1 is replaced by the following:
4.4 (1) Subject to subsection (3), no elevating device shall be used or operated while any safety device attached to it is inoperative.
2 Paragraph 4.5(a) of the English version of the Regulations is replaced by the following:
- (a) before the elevating device and the safety device attached to it are operated;
3 The definition pipeline in section 5.1 of the Regulations is replaced by the following:
- pipeline
- has the same meaning as in section 2 of the Canadian Energy Regulator Act, but does not include boilers. (pipeline)
4 Section 8.18 of the Regulations is replaced by the following:
8.18 (1) The guarantee of isolation ends when work on, or a live test of, isolated electrical equipment is completed and the following conditions are met:
- (a) every person in charge,
- (i) has informed the guarantor that the work or live test is completed, and
- (ii) has made and signed a record containing the date and hour when they informed the guarantor and the name of the guarantor; and
- (b) on receipt of the information referred to in paragraph (a), the guarantor made and signed a record containing
- (i) the date and hour when the work or live test was completed, and
- (ii) the name of the person in charge.
(2) The records referred to in subparagraph (1)(a)(ii) and paragraph (1)(b) shall be kept by the employer at the employer's place of business nearest to the work place in which the electrical equipment was located when it was isolated, for a period of one year after the day on which they are signed.
5 (1) Subsection 10.26(1) of the Regulations is replaced by the following:
10.26 (1) Where a device that is capable of producing and emitting energy in the form of ionizing or non-ionizing radiation is used in the work place, the employer shall, if the device is referred to in subsection (2), implement the applicable document, as amended from time to time, published by the Department of National Health and Welfare, as specified in one of paragraphs (2)(a) to (k) or published by ANSI, as specified in paragraph (2)(l).
(2) The portion of subsection 10.26(2) of the Regulations before paragraph (a) is replaced by the following:
(2) For the purposes of subsection (1), the applicable document is
6 The schedule to Division I of Part X of the Regulations is repealed.
7 Section 13.15 of the French version of the Regulations is replaced by the following:
13.15 Sous réserve de l'article 13.16, lorsqu'un dispositif protecteur est installé sur une machine, il est interdit de l'utiliser ou de la mettre en service à moins que le dispositif protecteur ne soit mis en place correctement.
8 The heading “Entretien, utilisation et manœuvre” of Division II of Part XIV of the French version of the Regulations is replaced by the following:
Entretien, utilisation et mise en service
9 Subsection 14.23(2) of the Regulations is replaced by the following:
(2) Subsection (1) does not apply to an employer with respect to an operator who, under the direct supervision of a qualified person, is being instructed and trained in the use of motorized materials handling equipment or in the procedures referred to in that subsection.
10 Subsection 14.26(3) of the Regulations is replaced by the following:
(3) A signal to stop given by any person granted access to the work place by the employer shall be obeyed by an operator.
11 (1) Paragraphs 16.6(1)(a) and (b) of the Regulations are replaced by the following:
- (a) a description of the first aid to be rendered for any injury, occupational disease or illness;
- (b) information regarding the location of first aid stations, first aid rooms, health units and medical treatment facilities;
(2) Paragraph 16.6(1)(e) of the Regulations is replaced by the following:
- (e) a description of the transport procedures for injured employees.
On Board Trains Occupational Health and Safety Regulations
12 Subsection 2.3(1) of the English version of the On Board Trains Occupational Health and Safety Regulations footnote 2 is replaced by the following:
2.3 (1) Subject to subsection (3), no elevating device shall be used or operated while any safety device attached to it is inoperative.
13 Paragraph 2.4(a) of the English version of the Regulations is replaced by the following:
- (a) before the elevating device and the safety device attached to it are operated;
14 The definition renseignements sur les risques in section 7.1 of the French version of the Regulations is replaced by the following:
- renseignements sur les risques
- S'agissant d'une substance dangereuse, les renseignements sur les façons de l'entreposer, de la manipuler, de l'utiliser et de l'éliminer convenablement et en toute sécurité, notamment ceux concernant les risques pour la santé et les dangers physiques qu'elle présente. (hazard information)
Maritime Occupational Health and Safety Regulations
15 (1) The definitions day vessel and passenger vessel in section 1 of the Maritime Occupational Health and Safety Regulations footnote 3 are replaced by the following:
- day vessel
- means a vessel that is not equipped with accommodation to provide rest for employees. (bâtiment de jour)
- passenger vessel
- means a vessel that carries more than 12 passengers. (bâtiment à passagers)
(2) Paragraph (b) of the definition marine chemist in section 1 of the Regulations is replaced by the following:
- (b) has at least three years' experience in chemical or engineering work, after the person has satisfied the requirements of paragraph (a), of which a minimum of 150 working hours were spent under the supervision of a qualified person in work on board a vessel testing tank reservoirs and other containers in the application of gas hazard control standards. (chimiste de la marine)
16 Subsection 7(2) of the Regulations is replaced by the following:
(2) Crew accommodation must meet the requirements of the related provisions on health and safety protection and accident prevention, with respect to preventing the risk of exposure to hazardous levels of noise and vibration and other ambient factors and chemicals on board vessels, and provide an acceptable occupational and on-board living environment for employees.
17 (1) Paragraphs 12(5)(c) and (d) of the Regulations are replaced by the following:
- (c) be rigged and maintained in position to compensate for the movement of the vessel;
- (d) be lighted as set out in Part 11;
(2) Paragraph 12(7)(d) of the Regulations is replaced by the following:
- (d) parts are not affected by corrosion to the extent that they are no longer functional; and
18 Paragraph 14(1)(b) of the Regulations is replaced by the following:
- (b) be fitted with a means of holding the stage away from the working area.
19 (1) The portion of subsection 15(2) of the Regulations before paragraph (a) is replaced by the following:
(2) Every portable ladder, while being used, must be
(2) Subsection 15(9) of the Regulations is replaced by the following:
(9) The means of attaching a rope ladder to a vessel must be securely rigged and maintained in a safe condition.
20 Section 20 of the French version of the Regulations is replaced by the following:
20 L'employeur veille à ce que, dans tous les logements de l'équipage, la hauteur de l'espace libre soit suffisante; lorsqu'une aisance de mouvement est nécessaire, elle doit être d'au moins 203 cm.
21 Subsection 21(1) of the English version of the Regulations is replaced by the following:
21 (1) The sleeping quarters, mess rooms, recreational facilities, and passageways in the crew accommodation space and their external bulkheads must be adequately insulated to prevent condensation or overheating.
22 Subsection 23(1) of the Regulations is replaced by the following:
23 (1) Materials used to construct or install internal bulkheads, panelling, sheeting, floors and joinings must be approved under the Canada Shipping Act, 2001.
23 (1) Subsection 24(1) of the Regulations is replaced by the following:
24 (1) Materials used to construct or install the deck covering in all crew accommodation must be approved under the Canada Shipping Act, 2001 and provide a non-slip surface impervious to moisture that is capable of being easily cleaned and maintained in a sanitary condition.
(2) The portion of subsection 24(3) of the French version of the Regulations before paragraph (a) is replaced by the following:
(3) Le revêtement de pont dans chaque logement de l'équipage présente les caractéristiques suivantes :
(3) Paragraph 24(3)(b) of the English version of the Regulations is replaced by the following:
- (b) have sufficient drainage to remove any water that accumulates in the crew accommodation.
24 Paragraph 49(b) of the Regulations is replaced by the following:
- (b) if the vessel has sleeping quarters, close to the sleeping quarters of the employee for whom the sanitary facility is provided; and
25 Paragraph 50(a) of the Regulations is replaced by the following:
- (a) it must be completely enclosed by bulkheads that are solid and non-transparent;
26 Section 55 of the Regulations is replaced by the following:
55 (1) The hospital accommodation required in accordance with the Marine Personnel Regulations must be easy to access and suitable to accommodate and promptly care for persons in need of medical care.
(2) If feasible, sanitary facilities containing a minimum of one toilet, one wash basin and one tub or shower must be provided for the exclusive use of the occupants of the hospital accommodation as required in accordance with the Marine Personnel Regulations, either as part of the accommodation or in close proximity to it.
| Item | Column 2 Ventilation Requirements in litres per second (l/s) |
|---|---|
| 2 | 10 l/s per m2 of floor area; at least 10 l/s per toilet compartment |
| 3 | 10 l/s per m2 of floor area; at least 20 l/s per shower head |
28 Subsection 58(1) of the French version of the Regulations is replaced by the following:
58 (1) Tout bâtiment — autre que celui qui navigue régulièrement dans des zones où le climat est tempéré — est équipé d'un système de climatisation dans le logement de l'équipage, le local radio et tout poste central de commande des machines.
29 Subsection 59(1) of the English version of the Regulations is replaced by the following:
59 (1) In all vessels in which a heating system is required, steam must not be used as a medium for heat transmission within crew accommodation.
30 Subsection 68(2) of the French version of the Regulations is replaced by the following:
(2) Les ponts, les parois et les cloisons des locaux réservés aux soins personnels et des cuisines sont construits de façon à pouvoir être facilement nettoyés et maintenus dans un état salubre.
31 Section 69 of the French version of the Regulations is replaced by the following:
69 Dans les cuisines et les cabinets de toilette, le pont ainsi que les 150 mm inférieurs de toute paroi ou cloison qui est en contact avec celui-ci sont étanches et imperméables à l'humidité.
32 Sections 91 and 92 of the Regulations are replaced by the following:
91 Fire protection equipment must be installed, inspected and maintained on board every vessel.
Emergency Evacuation
92 Emergency evacuation equipment must be installed, inspected and maintained on board every vessel.
33 Subsection 93(1) of the Regulations is replaced by the following:
93 (1) Every employer must prepare emergency procedures, including evacuation procedures.
34 Section 106 of the Regulations is repealed.
35 Paragraph 109(c) of the Regulations is replaced by the following:
- (c) if a cargo that is classified dangerous, within the meaning of the Transportation of Dangerous Goods Act, 1992, has not been included in the most recent edition of the Medical First Aid Guide for Use in Accidents Involving Dangerous Goods published by the IMO, ILO and World Health Organization, make readily available to employees the necessary information on the nature of the substances in the cargo, the risks involved, the necessary personal protection equipment required, the relevant medical procedures and specific antidotes.
| Item | Column 1 Work Place |
|---|---|
| 1 | (a) 1 to 5 employees |
37 Paragraph 125(2)(b) of the Regulations is replaced by the following:
- (b) before the employee is assigned a new activity or exposed to a new hazard.
38 Subsection 132(2) of the English version of the Regulations is replaced by the following:
(2) A persons transfer apparatus must not be used or operated while any safety device attached to it is inoperative.
39 Section 133 of the Regulations is amended by adding the following after subsection (4):
(5) For the purposes of subsection (4), basket, drilling unit, offshore and production facility have the same meaning as in section 1.1 of the Oil and Gas Occupational Safety and Health Regulations.
40 Paragraph 136(2)(a) of the English version of the Regulations is replaced by the following:
- (a) before the persons transfer apparatus and any safety device attached to it are operated;
41 Paragraph 147(2)(d) of the Regulations is replaced by the following:
- (d) written emergency procedures must be prepared by the employer.
42 Subsection 148(1) of the Regulations is replaced by the following:
148 (1) A record of all self-contained breathing apparatus provided by the employer must be kept by the employer on the vessel on which the breathing apparatus is located for the duration of its use and must remain on the vessel on which the breathing apparatus was located for a period of two years after the day on which the apparatus ceases to be used.
43 Subsection 152(2) of the Regulations is replaced by the following:
(2) Subject to any special arrangements that may be permitted in passenger vessels by the Marine Technical Review Board established under subsection 26(1) of the Canada Shipping Act, 2001, sleeping quarters and mess rooms must be illuminated by natural light and provided with adequate artificial light.
44 (1) Subsection 160(1) of the Regulations is replaced by the following:
160 (1) Crew accommodation must be located as far as possible from the engines, steering gear rooms, deck winches, ventilation, heating and air conditioning equipment and other noisy machinery and apparatus.
(2) Subsection 160(2) of the French version of the Regulations is replaced by the following:
(2) Des matériaux insonorisants ou d'autres matériaux adaptés absorbant le bruit sont utilisés pour la construction et la finition des cloisons, des plafonds et des ponts à l'intérieur des espaces bruyants, ainsi que des portes automatiques propres à assurer l'isolation acoustique des locaux abritant des machines.
(3) Subsection 160(5) of the Regulations is replaced by the following:
(5) Crew accommodation must not be exposed to excessive vibration.
45 Subsection 161(5) of the English version of the Regulations is replaced by the following:
(5) Unless otherwise specified, the limits for noise levels for working spaces and crew accommodation must fall within the ILO international guidelines on exposure levels, including those in the ILO code of practice entitled Ambient factors in the workplace, 2001, and, if applicable, the specific protection recommended by the IMO, and any subsequent amending and supplementary instruments for acceptable noise levels on board vessels.
46 Subsection 168(2) of the Regulations is replaced by the following:
(2) The work permit must be made readily available for examination by employees for the period in which the work is being performed and it must be kept by the employer for a period of two years after the day on which the work was completed at the place of business nearest to the work place in which the work was completed.
47 Section 170 of the Regulations is repealed.
48 Subsection 173(4) of the Regulations is replaced by the following:
(4) A person must not close off a confined spaced until a qualified person has verified that no person is inside it.
49 Paragraph 185(7)(c) of the Regulations is replaced by the following:
- (c) kept by the employer at their place of business nearest to the work place in which the electrical equipment was located when it was isolated, for a period of one year after the completion of the work or live test.
50 Section 187 of the Regulations is replaced by the following:
187 (1) The guarantee of isolation ends when work on, or a live test of, isolated electrical equipment is completed and the following conditions are met:
- (a) every person in charge
- (i) has informed the guarantor that the work or live test is completed, and
- (ii) has made and signed a record containing the date and hour when they informed the guarantor and the name of the guarantor; and
- (b) on receipt of the information referred to in paragraph (a), the guarantor made and signed a record containing
- (i) the date and hour when the work or live test was completed, and
- (ii) the name of the person in charge.
(2) The records referred to in subparagraph (1)(a)(ii) and paragraph (1)(b) must be kept by the employer at the employer's place of business nearest to the work place in which the electrical equipment was located when it was isolated, for a period of one year after the day on which they are signed.
51 Paragraph 190(a) of the Regulations is replaced by the following:
- (a) a qualified person must be assigned to patrol the working area and the adjoining areas and maintain a fire protection watch of the area for the duration of the work and, if necessary, as determined by the qualified person, for a period of 30 minutes after the work is completed; and
52 The heading before section 207 of the French version of the Regulations is replaced by the following:
Utilisation, fonctionnement, réparation et entretien des machines
53 (1) The portion of subsection 228(1) of the Regulations before paragraph (a) is replaced by the following:
228 (1) The employer must ensure that every operator of motorized materials handling equipment has been instructed and trained in the procedures to be followed for
(2) Paragraph 228(1)(b) of the Regulations is replaced by the following:
- (b) the safe and proper use of the equipment in accordance with the instructions provided by the manufacturer and taking into account the conditions of the work place in which the operator will operate the equipment; and
(3) Subsection 228(2) of the Regulations is replaced by the following:
(2) Subsection (1) does not apply to an employer with respect to an operator who, under the direct supervision of a qualified person, is being instructed and trained in the use of motorized materials handling equipment or in the procedures referred to in that subsection.
54 Subsection 229(4) of the Regulations is replaced by the following:
(4) A person must not leave materials handling equipment unattended unless the equipment has been secured to prevent inadvertent movement or unauthorized use.
55 Subsection 236(3) of the Regulations is replaced by the following:
(3) A signal to stop given by any person granted access to the work place by the employer must be obeyed by the operator.
56 (1) Paragraph 239(2)(a) of the Regulations is replaced by the following:
- (a) in the hold or an enclosed space of a vessel;
(2) The portion of subsection 239(3) of the French version of the Regulations before paragraph (a) is replaced by the following:
(3) L'approvisionnement en carburant d'un appareil de manutention des matériaux peut se faire dans la cale ou dans un espace fermé d'un bâtiment aux conditions suivantes :
57 Subsection 240(1) of the French version of the Regulations is replaced by the following:
240 (1) Il est interdit d'utiliser ou de mettre en service un appareil de manutention des matériaux qui porte une charge supérieure à sa charge de travail admissible.
58 The Regulations are amended by adding the following after section 244:
244.1 Every employer must keep a record of all hazardous substances that are used, produced, handled or stored for use in the work place, and may either keep such a record in the work place or keep a centralized record in respect of several work places in one work place.
59 Section 249 of the English version of the Regulations is replaced by the following:
249 If feasible, the employer must provide automated warning and detection systems if the seriousness of any exposure to a hazardous substance requires the use of those systems.
60 (1) Paragraph 256(3)(a) of the Regulations is replaced by the following:
- (a) eye protection must be worn as set out in Part 10; and
(2) Subsection 256(4) of the Regulations is repealed.
Aviation Occupational Health and Safety Regulations
61 Section 5.18 of the English version of the Aviation Occupational Health and Safety Regulations footnote 4 is replaced by the following:
5.18 If feasible, the employer shall provide automated warning and detection systems if the seriousness of any exposure to a hazardous substance requires the use of those systems.
62 Sections 5.20 and 5.21 of the Regulations are replaced by the following:
5.20 Every container of a hazardous substance, other than a hazardous product, that is stored, handled, used or pending disposal on board an aircraft shall be labelled in a manner that discloses clearly the generic name of the substance and the hazard information in respect of the substance.
5.21 If a safety data sheet in respect of a hazardous substance, other than a hazardous product, that is stored, handled, used or pending disposal on board an aircraft may be obtained from the supplier of the hazardous substance, the employer shall obtain a copy of the safety data sheet and make it readily available for examination by employees in any form, as determined in consultation with the policy committee or, if there is no policy committee, the work place committee or the health and safety representative.
63 (1) Subsection 6.1(1) of the English version of the Regulations is replaced by the following:
6.1 (1) If feasible, every employer shall eliminate any health or safety hazard in the work place or reduce it to a safe limit.
(2) Subsection 6.1(2) of the Regulations is replaced by the following:
(2) If it is not feasible to eliminate a health or safety hazard or reduce it to a safe limit, the employer shall provide every person granted access to the work place who may be exposed to the hazard with protection equipment prescribed by this Part.
64 Section 6.6 of the Regulations is replaced by the following:
6.6 (1) If, in a workplace, there is a risk of injury to the eyes or face, the employer shall provide every person who is granted access to the work place with eye or face protection equipment that is selected by the employer in accordance with Annex A of CSA Group Standard CSA Z94.3, Eye and face protectors, as amended from time to time, and that meets the requirements set out in that standard.
(2) If there is routine exposure to irritating airborne chemical agents, intense heat, liquid splashes, molten metals or similar agents in a work place, contact lenses shall not be worn.
65 Section 8.6 of the French version of the Regulations and the heading before it are replaced by the following:
Utilisation de l'appareil de manutention des matériaux
8.6 L'employeur ne peut obliger l'employé qui n'est pas un opérateur à utiliser un appareil de manutention des matériaux.
66 Section 8.8 of the French version of the Regulations is replaced by the following:
8.8 L'appareil de manutention des matériaux ne peut être utilisé ni mis en service pour manutentionner une charge qui dépasse sa charge de travail admissible.
67 The definition first aid attendant in section 9.1 of the Regulations is replaced by the following:
- first aid attendant
- means a holder of a valid basic or standard first aid certificate or valid first aid certifications for flight attendants. (secouriste)
68 Subsection 9.5(5) of the Regulations is replaced by the following:
(5) Basic and standard first aid certificates and first aid certifications for flight attendants are valid for a maximum of three years from the day on which they are issued.
69 Paragraphs 9.10(a) and (b) of the Regulations are replaced by the following:
- (a) the description of the first aid to be rendered for any incapacity; and
- (b) the description of the transportation procedures for incapacitated employees.
Administrative Monetary Penalties (Canada Labour Code) Regulations
70 The portion of items 319 to 323 of Division 1 of Part 2 of Schedule 1 to the Administrative Monetary Penalties (Canada Labour Code) Regulations footnote 5 in column 1 is replaced by the following:
| Item | Column 1 Provision |
|---|---|
| 319 | 8.18(1)(a)(i) |
| 320 | 8.18(1)(a)(ii) |
| 321 | 8.18(1)(b)(i) |
| 322 | 8.18(1)(b)(ii) |
| 323 | 8.18(2) |
| Item | Column 1 Provision |
Column 2 Violation Type |
|---|---|---|
| 547 | 10.26(1) | D |
72 Item 548 of Division 1 of Part 2 of Schedule 1 to the Regulations is repealed.
| Item | Column 1 Provision |
|---|---|
| 208 | 6.6(1) |
| 209 | 6.6(2) |
| Item | Column 2 Violation Type |
|---|---|
| 180 | C |
| 181 | D |
| Item | Column 1 Provision |
|---|---|
| 581 | 187(1)(a)(i) |
| 582 | 187(1)(a)(ii) |
| 583 | 187(1)(b)(i) |
| 584 | 187(1)(b)(ii) |
| 585 | 187(2) |
| Item | Column 1 Provision |
Column 2 Violation Type |
|---|---|---|
| 734.1 | 244.1 | A |
77 Items 182 and 183 of Division 4 of Part 2 of Schedule 1 to the Regulations are repealed.
78 Item 269 of Division 4 of Part 2 of Schedule 1 to the Regulations is repealed.
79 Item 500 of Division 4 of Part 2 of Schedule 1 to the Regulations is repealed.
80 Item 803 of Division 4 of Part 2 of Schedule 1 to the Regulations is repealed.
Coming into Force
81 These Regulations come into force on the day on which they are registered.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Issues
The Labour Program of Employment and Social Development Canada (the Labour Program) seeks to promote and sustain stable industrial relations and safe, fair, healthy, equitable and productive workplaces within the federal jurisdiction. This mandate is partially achieved through the development and implementation of the occupational health and safety (OHS) regulations (including the regulations listed below) that aim to reduce work-related accidents and illnesses in federal jurisdiction workplaces made under Part II of the Canada Labour Code.
Between 2010 and 2016, the Standing Joint Committee for the Scrutiny of Regulations (SJCSR) identified several technical issues with the Canada Occupational Health and Safety Regulations (COHSR), the Maritime Occupational Health and Safety Regulations (MOHSR), the Aviation Occupational Health and Safety Regulations (AOHSR), and the On Board Trains Occupational Health and Safety Regulations (OTOHSR) and recommended that the regulations be amended to address these issues.
As well, stakeholders have identified inconsistencies between certain provisions of the MOHSR and the International Organization for Standardization (ISO) shipbuilding standard (ISO 7547:2002). These inconsistencies make it impossible for industry to comply with the Regulations. Ventilation requirements for sanitary facilities and shower rooms aboard Canadian vessels should be amended to align with the industry's international standards so employers are able to comply with the Regulations.
In addition, an issue was brought to the Labour Program's attention by the Consumer and Clinical Radiation Protection Bureau at Health Canada (the Bureau) regarding the current reporting requirements for ionizing and non-ionizing devices to the Bureau under Part X (Hazardous Substances) of the Canada Occupational Health and Safety Regulations (COHSR). Health Canada previously used the information collected to maintain a registry of radiation emitting devices that was used by its inspectorate to assist in conducting audits of federal departments, First Nations reserves and provincial and territorial jurisdictions. However, the inspection program ceased in 2011, making the regulatory reporting requirements for ionizing and non-ionizing devices obsolete.
An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts (the Amending Act) received royal assent on June 21, 2019. The Amending Act replaced the National Energy Board Act (NEBA) with the Canadian Energy Regulator Act (CERA). An amendment to the COHSR is needed to replace a reference to the NEBA with one to the CERA.
Objective
In addition to addressing recommendations made by the SJCSR and stakeholders, the amendments have the following objectives:
- to correct grammatical errors and discrepancies between the English and the French versions;
- to add clarity to regulatory provisions;
- to improve consistency or harmonize terms with other provisions within or among the regulations;
- to repeal obsolete or unnecessary regulatory provisions; and
- to address stakeholder concerns.
Description
To address various recommendations made by the SJCSR, a series of miscellaneous amendments are being made to the COHSR, the MOHSR, the AOHSR, and the OTOHSR. These amendments of administrative and editorial nature do not negatively impact stakeholders or change the policy intention of the regulations. Each of the amendments falls into one of five categories mentioned above. Examples of each category are listed below. However, it should be noted that they do not represent an exhaustive list of all changes being made.
To correct grammatical errors and discrepancies between the English and the French versions:
- Subsection 161(5) [English of MOHSR]: “must comply” will be replaced with “must fall within” in the English version as it appears to be ungrammatical.
- Subsections 21(1), 160(1), and 160(5) [English and French of MOHSR]: “salles de loisirs” will be used in French as the equivalent of “recreational facilities” in English.
- Subsection 7(2) [French of MOHSR]: “logement de l'équipage” will be used in French as the equivalent of “crew accommodation” in English as it is a defined term.
- Subsections 4.4(1) [English of COHSR], 2.3(1) [English of OTOHSR], and 132(2) [English of MOHSR]: “operated” will be used in English as the equivalent of “mettre en service” in French.
To add clarity to regulatory provisions:
- Paragraph 185(7)(c) and subsection 187(3) [English and French of MOHSR]: the English and French versions have been amended to clarify where the written guarantee of isolation and written record must be kept, if the electrical equipment is no longer in use. As a result, “is located” will be replaced by “was located when it was isolated” in English and “où est situé l'outillage électrique” will be replaced by “où était situé l'outillage électrique lorsqu'il était isolé” in French.
- Section 5.20 [English and French of AOHSR]: “disposed of” will be replaced with “pending disposal” in the English version and “éliminée” with “destinée à être éliminée” in the French version.
- Part V of the COHSR is also being amended to replace the reference to the NEBA, found in the definition of pipeline, with that to the CERA. This amendment is needed to reflect current legislation.
To improve consistency or harmonize terms with other provisions within or among the regulations:
- Section 9.1 [English and French of AOHSR]: the current definition of “first aid attendant” included in section 9.1 of the AOHSR will be aligned with the definition included in section 16.1 of the COHSR.
- Section 1 [English of MOHSR]: the current definition of “passenger vessel” will be aligned with the Long-Range Identification and Tracking of Vessels Regulations, the Vessel Clearance Regulations, the Voyage Data Recorder Regulations, the Arctic Shipping Safety and Pollution Prevention Regulations, and with the International Convention for the Safety of Life at Sea (SOLAS).
To repeal obsolete or unnecessary regulatory provisions:
- Section 106 [English and French of MOHSR]: this section will be repealed since it has no current purpose and is already covered under the Marine Personnel Regulations.
To address stakeholder concerns:
- Reference to 90 l/s in the table of subsection 56(4) of the MOHSR will be repealed to address inconsistencies between the requirement and the International Organization for Standardization (ISO) shipbuilding standard;
- Paragraph 10.26(1)(a) and its accompanying schedule, which requires employers to report on ionizing and non-ionizing devices, will be repealed, as the information is no longer used by Health Canada in performing audits.
Finally, consequential amendments to Schedule 1 of the Administrative Monetary Penalties (Canada Labour Code) Regulations (AMPs Regulations) are being made to ensure consistency between the new regulatory amendments and the AMPs Regulations.
Regulatory development
Consultation
The amendments are considered to be administrative in nature, they do not change the policy intent of the regulations and the impact on stakeholders is relieving in nature. Therefore, it was determined that formal consultations were not necessary, and the amendments were not prepublished in the Canada Gazette, Part I.
Modern treaty obligations and Indigenous engagement and consultation
The Regulations will not change which workplaces are under federal jurisdiction and are subject to labour provisions under the Code. Indigenous bands and band councils are generally subject to the Code, including those with modern treaties or self-government status.
The Code continues to apply to modern treaty areas, as this area of jurisdiction has been “carved out” of areas of jurisdiction in treaties, meaning that it is not an area of jurisdiction for which a modern treaty holder would create their own legislation. Modern treaty holders would therefore apply the Code to applicable activities in their territory.
Instrument choice
These regulatory amendments are administrative in nature and address concerns raised by the SJCSR. These concerns can only be addressed through regulation and, therefore, no other options were considered.
Regulatory analysis
Benefits and costs
Cost estimates are based on information provided by the Bureau, which includes the number of reports on ionizing and non-ionizing devices it receives annually. A small administrative burden saving of $63,714 benefitting federally regulated employers ($53,855) and the Government of Canada ($9,860) is expected from this regulatory initiative over the 2021–2030 period, discounted at 7% to a 2021 base year, expressed in 2012 dollars. The overall annualized value of the anticipated decrease in administrative burden is $9,071.
Cost-benefit statement
- Number of years: 10 (2021 to 2030)
- Base year for costing: 2012
- Present value base year: 2021
- Discount rate: 7%
Monetized costs
No monetized costs are anticipated from this regulatory proposal.
| Impacted stakeholder | Description of benefit | Total (present value) |
Annualized value |
|---|---|---|---|
Government of Canada (GOC) (Health Canada's Consumer and Clinical Radiation Protection Bureau – CCRPB) |
Managing and tracking reports received no longer needed | $4,596 | $654 |
| Responding to inquiries about reports no longer necessary | $1,920 | $273 | |
| Development of an electronic fillable form to submit reports no longer required | $3,344 | $476 | |
| Total GOC | $9,860 | $1,404 | |
Industry (Canadian federally regulated employers) |
Employers no longer have to report in writing ionizing and non ionizing radiation emitting devices to Health Canada (CCRPB) | $53,855 | $7,668 |
| All stakeholders | Total benefits | $63,714 | $9,071 |
| All stakeholders | Total costs | $0 | $0 |
| All stakeholders | Net benefit | $63,714 | $9,071 |
Small business lens
This regulatory proposal would affect 17 848 small federally regulated businesses (representing around 96% of all federally regulated businesses), which are expected to achieve a discounted administrative cost saving of $51,541 with an annualized value of $7,338 over 10 years (2021–2030), discounted at 7% to a 2021 base year, expressed in 2012 dollars.
Small business lens summary
- Number of small businesses impacted: 17 848
- Number of years: 10 (2021 to 2030)
- Base year for costing: 2012
- Present value base year: 2021
- Discount rate: 7%
Compliance costs
No compliance costs are anticipated from this regulatory proposal.
| Activity | Annualized value | Present value |
|---|---|---|
| Employers no longer have to report in writing ionizing and non ionizing radiation emitting devices to Health Canada (CCRPB) | −$7,338 | −$51,541 |
| Total administrative cost | −$7,338 | −$51,541 |
| Totals | Annualized value | Present value |
|---|---|---|
| Total cost (all impacted small businesses) | −$7,338 | −$51,541 |
| Cost per impacted small business | −$0.41 | −$3 |
Note: A negative cost denotes cost savings.
One-for-one rule
The one-for-one rule applies since there is an incremental decrease in administrative burden on business, and the proposal is considered an “out” under the rule. There is no change in the number of regulatory titles.
Paragraph 10.26(1)(a) of the COHSR currently prescribes that federally regulated employers shall report in writing to the Bureau all new devices emitting ionizing and non-ionizing radiation if the device is listed in the accompanying schedule. These written reports must include a description of the device and the location of the workplace.
Filling-in reports entails administrative burden costs for employers. Based on data provided by the Bureau, it was determined that federally regulated employers file approximately 50 reports annually, which include a total of about 800 ionizing and non-ionizing radiation devices. It is assumed that employers spend about 15 minutes to complete a report for each device, entailing a cost of about $36 per hour, including overhead. Affected employers report about 16 devices on average.
Expressed in 2012 constant dollars and discounted to 2012, the annualized overall decrease in administrative burden cost is estimated at $4,171 and corresponds to an OUT value.
One-for-one rule summary
- Number of years: 10 (2021 to 2030)
- Base year for costing: 2012
- Present value base year: 2012
- Discount rate: 7%
| Activity | Annualized value | Annualized administrative costs per business |
|---|---|---|
| Employers no longer have to report in writing ionizing and non ionizing radiation emitting devices to Health Canada (CCRPB) | −$4,171 | −$0.22 |
| Total administrative burden cost | −$4,171 | −$0.22 |
Regulatory cooperation and alignment
Regulatory amendments are necessary to achieve regulatory alignment between the OHS regulations and the AMPs Regulations.
Strategic environmental assessment
In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a preliminary scan concluded that a strategic environmental assessment is not required.
Gender-based analysis plus (GBA+)
Due to the administrative nature of this regulatory amendment, there will be no impact to any groups based on factors such as gender, sex, age, language, education, geography, culture, ethnicity, income, ability, sexual orientation, or gender identity.
Implementation, compliance and enforcement, and service standards
Implementation
The regulatory amendments will come into force on the day on which they are registered.
Compliance and enforcement
The Labour Program's compliance policy outlines the proactive and reactive activities used by delegated officials to ensure compliance. Statutory powers allow delegated officials to enter worksites and perform various activities to enforce compliance with the Code and its regulations. Enforcement actions may range from the issuance of a written notice or a Notice of Violation and associated AMP, to further steps such as the initiation of prosecution.
The regulatory amendments will not result in new or modified obligations for regulated entities and, therefore, no changes to the Labour Program's compliance policy are needed.
Contact
Kathaleen Nicholson
Acting Manager
Occupational Health and Safety Policy Unit
Workplace Directorate
Labour Program
Employment and Social Development Canada
165 De l'Hôtel-de-Ville Street
Place du Portage, Phase II, 10th Floor
Gatineau, Quebec
K1A 0J2
Telephone: 343‑572‑6395
Email: kathaleen.nicholson@labour-travail.gc.ca