Marginal note:2000, c. 20, s. 10

183. Subsection 133(3) of the Act is replaced by the following:

Marginal note:2000, c. 20, s. 10

184. Paragraph 134.1(4)(f) of the Act is replaced by the following:

Marginal note:2000, c. 20, s. 10

• 185. (1) The portion of subsection 135(6) of the Act before paragraph (b) is replaced by the following:

  • Marginal note:Exemption if collective agreement

    (6) If, under a collective agreement or any other agreement between an employer and the employer’s employees, a committee of persons has been appointed and the committee has, in the opinion of the Minister, a responsibility for matters relating to health and safety in the work place to such an extent that a work place committee established under subsection (1) for that work place would not be necessary,

    • (a) the Minister may, in writing, exempt the employer from the requirements of subsection (1) in respect of that work place;

• Marginal note:2000, c. 20, s. 10

  (2) Paragraph 135(7)(h) of the Act is replaced by the following:

  • (h) shall cooperate with the Minister;

Marginal note:2000, c. 20, s. 10

• 186. (1) Subsection 135.1(4) of the Act is replaced by the following:

  • Marginal note:Notification

    (4) If a trade union fails to select a person under subparagraph (1)(b)(ii), the Minister may notify in writing the local branch of the trade union, and shall send a copy of any such notification to the trade union’s national or international headquarters and to the employer, indicating that the committee is not established until a person is selected in accordance with that subparagraph.

• Marginal note:2000, c. 20, s. 10

  (2) Subsection 135.1(9) of the Act is replaced by the following:

  • Marginal note:Records

    (9) A committee shall ensure that accurate records are kept of all of the matters that come before it and that minutes are kept of its meetings. The committee shall make the minutes and records available to the Minister at the Minister’s request.

Marginal note:2000, c. 20, s. 10

• 187. (1) Subsection 136(3) of the Act is replaced by the following:

  • Marginal note:Notification

    (3) If a trade union fails to select a person under subsection (2), the Minister may so notify in writing the local branch of the trade union. The Minister shall send a copy of the notification to the trade union’s national or international headquarters and to the employer.

• Marginal note:2000, c. 20, s. 10

  (2) Paragraph 136(5)(h) of the Act is replaced by the following:

  • (h) shall cooperate with the Minister;

Marginal note:2000, c. 20, s. 10

188. Section 137 of the Act is replaced by the following:

Marginal note:2000, c. 20, s. 11(1)

189. Subsection 137.1(5) of the Act is replaced by the following:

Marginal note:2000, c. 20, s. 14

190. Section 140 of the Act and the heading before it are replaced by the following:

Marginal note:2000, c. 20, s. 14

• 191. (1) The portion of subsection 141(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Accessory powers

  • 141. (1) Subject to section 143.2, the Minister may, in carrying out the Minister’s duties and at any reasonable time, enter any work place controlled by an employer and, in respect of any work place, may

• Marginal note:2000, c. 20, s. 14

  (2) Paragraph 141(1)(c) of the English version of the Act is replaced by the following:

  • (c) be accompanied or assisted by any person and bring any equipment that the Minister deems necessary to carry out the Minister’s duties;

• Marginal note:2000, c. 20, s. 14

  (3) Paragraphs 141(1)(f) to (j) of the English version of the Act are replaced by the following:

  • (f) direct the employer to ensure that any place or thing specified by the Minister not be disturbed for a reasonable period pending an examination, test, inquiry, investigation or inspection in relation to the place or thing;

  • (g) direct any person not to disturb any place or thing specified by the Minister for a reasonable period pending an examination, test, inquiry, investigation or inspection in relation to the place or thing;

  • (h) direct the employer to produce documents and information relating to the health and safety of the employer’s employees or the safety of the work place and to permit the Minister to examine and make copies of or take extracts from those documents and that information;

  • (i) direct the employer or an employee to make or provide statements, in the form and manner that the Minister may specify, respecting working conditions and material and equipment that affect the health or safety of employees;

  • (j) direct the employer or an employee or a person designated by either of them to accompany the Minister while the Minister is in the work place; and

• Marginal note:2000, c. 20, s. 14

  (4) Subsection 141(2) of the Act is replaced by the following:

  • Marginal note:Directions whether or not in work place

    (2) The Minister may issue a direction under subsection (1) whether or not the Minister is in the work place at the time the direction is issued.

• Marginal note:2000, c. 20, s. 14

  (5) Subsection 141(3) of the English version of the Act is replaced by the following:

  • Marginal note:Return of material and equipment

    (3) On request by the person from whom material or equipment was taken or removed for testing under paragraph (1)(d), the Minister shall return that material or equipment to the person after testing is completed unless it is required for the purposes of a prosecution under this Part.

• Marginal note:2000, c. 20, s. 14

  (6) Subsections 141(4) to (9) of the Act are replaced by the following:

  • Marginal note:Investigation of deaths

    (4) The Minister shall investigate every death of an employee that occurred in the work place or while the employee was working, or that was the result of an injury that occurred in the work place or while the employee was working.

  • Marginal note:Investigation of motor vehicle accidents

    (5) If the death results from a motor vehicle accident on a public road, as part of the investigation the Minister shall obtain a copy of any police report as soon as possible after the accident.

  • Marginal note:Report

    (6) Within 10 days after completing a written report on the findings of an inquiry or investigation, the Minister shall provide the employer and the work place committee or the health and safety representative with a copy of the report.

Marginal note:2000, c. 20, s. 14

• 192. (1) The portion of subsection 141.1(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Inspections

  • 141.1 (1) If the Minister conducts an inspection of the work place at the work place, it shall be done in the presence of

• Marginal note:2000, c. 20, s. 14

  (2) Paragraphs 141.1(1)(a) and (b) of the French version of the Act are replaced by the following:

  • a) soit de deux membres du comité local, l’un ayant été désigné par les employés ou en leur nom et l’autre par l’employeur;

  • b) soit du représentant et d’une personne désignée par l’employeur.

• Marginal note:2000, c. 20, s. 14

  (3) Subsection 141.1(2) of the Act is replaced by the following:

  • Marginal note:Inspection not to be delayed

    (2) The Minister may proceed with an inspection in the absence of any person mentioned in subsection (1) if that person chooses not to be present.

Marginal note:2000, c. 20, s. 14

193. Sections 142 to 143.1 of the Act are replaced by the following:

Marginal note:2000, c. 20, s. 14

• 194. (1) Subsection 144(1) of the Act is replaced by the following:

  Marginal note:Evidence in civil suits precluded

  • 144. (1) No person to whom powers, duties or functions have been delegated under subsection 140(1), or under an agreement entered into under subsection 140(2), and no person who has accompanied or assisted that person in exercising those powers or performing those duties or functions may be required to give testimony in a civil suit with regard to information obtained in exercising those powers or performing those duties or functions, except with the written permission of the Minister.

  • Marginal note:Evidence in civil suits precluded  — Minister

    (1.1) The Minister shall not be required to give testimony in a civil suit with regard to information obtained in the exercise of powers or the performance of duties or functions the Minister is authorized to exercise or perform under this Part, except for those powers, duties or functions that shall not be the subject of an agreement entered into under subsection 140(2).

• Marginal note:2000, c. 20, s. 14

  (2) Subsections 144(3) to (5) of the Act are replaced by the following:

  • Marginal note:Non-disclosure of information

    (3) Subject to subsection (4), none of the Minister, an appeals officer who is admitted to a work place under the powers conferred by section 141 and a person who is admitted to a work place under the powers conferred by section 141 that are delegated to them under subsection 140(1), or under an agreement entered into under subsection 140(2), and no person accompanying them, shall disclose to any person any information obtained in the work place by the Minister, officer or person with regard to any secret process or trade secret, except for the purposes of this Part or as required by law.

  • Marginal note:Privileged information

    (4) All information that, under the Hazardous Materials Information Review Act, an employer is exempt from disclosing under paragraph 125.1(d) or (e) of this Act or under paragraph 13(a) or (b) or 14(a) or (b) of the Hazardous Products Act and that is obtained in a work place under section 141 is privileged and, notwithstanding the Access to Information Act or any other Act or law, shall not be disclosed to any other person except for the purposes of this Part.

  • Marginal note:Information not to be published

    (5) No person shall, except for the purposes of this Part or for the purposes of a prosecution under this Part, publish or disclose the results of an analysis, examination, testing, inquiry, investigation or sampling made or taken under section 141.

Marginal note:2000, c. 20, s. 14

• 195. (1) The portion of subsection 145(1) of the Act before paragraph (a) is replaced by the following:

  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

• Marginal note:2000, c. 20, s. 14

  (2) The portion of subsection 145(1.1) of the English version of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Confirmation in writing

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

• Marginal note:2000, c. 20, s. 14

  (3) The portion of subsection 145(2) of the Act before paragraph (a) is replaced by the following:

  • 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,

• Marginal note:2000, c. 20, s. 14

  (4) The portion of paragraph 145(2)(a) of the English version of the Act before subparagraph (i) is replaced by the following:

  • (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

• Marginal note:2000, c. 20, s. 14

  (5) Paragraph 145(2)(b) of the English version of the Act is replaced by the following:

  • (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:2000, c. 20, s. 14

  (6) Subsections 145(2.1) to (4) of the Act are replaced by the following:

  • 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:2000, c. 20, s. 14

  (7) The portion of subsection 145(5) of the Act before paragraph (b) is replaced by the following:

  • 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;

• Marginal note:2000, c. 20, s. 14

  (8) Subsections 145(6) to (8) of the Act are replaced by the following:

  • 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.