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

Pregnant and Nursing Employees

Marginal note:Cease to perform job

• 132 (1) In addition to the rights conferred by section 128 and subject to this section, an employee who is pregnant or nursing may cease to perform her job if she believes that, by reason of the pregnancy or nursing, continuing any of her current job functions may pose a risk to her health or to that of the foetus or child. On being informed of the cessation, the employer, with the consent of the employee, shall notify the work place committee or the health and safety representative.

• Marginal note:Consult health care practitioner

  (2) The employee must consult with a health care practitioner, as defined in section 166, of her choice as soon as possible to establish whether continuing any of her current job functions poses a risk to her health or to that of the foetus or child.

• Marginal note:Provision no longer applicable

  (3) Without prejudice to any other right conferred by this Act, by a collective agreement or other agreement or by any terms and conditions of employment, once the health care practitioner has established whether there is a risk as described in subsection (1), the employee may no longer cease to perform her job under subsection (1).

• Marginal note:Employer may reassign

  (4) For the period during which the employee does not perform her job under subsection (1), the employer may, in consultation with the employee, reassign her to another job that would not pose a risk to her health or to that of the foetus or child.

• Marginal note:Status of employee

  (5) The employee, whether or not she has been reassigned to another job, is deemed to continue to hold the job that she held at the time she ceased to perform her job functions and shall continue to receive the wages and benefits that are attached to that job for the period during which she does not perform the job.

Complaints when Action against Employees

Marginal note:Complaint to Board

• 133 (1) An employee, or a person designated by the employee for the purpose, who alleges that an employer has taken action against the employee in contravention of section 147 may, subject to subsection (3), make a complaint in writing to the Board of the alleged contravention.

• Marginal note:Time for making complaint

  (2) The complaint shall be made to the Board not later than ninety days after the date on which the complainant knew, or in the Board’s opinion ought to have known, of the action or circumstances giving rise to the complaint.

• Marginal note:Restriction

  (3) A complaint in respect of the exercise of a right under section 128 or 129 may not be made unless the employee has complied with subsection 128(6) or the Head has received the reports referred to in subsection 128(16), as the case may be, in relation to the matter that is the subject-matter of the complaint.

• Marginal note:Exclusion of arbitration

  (4) Notwithstanding any law or agreement to the contrary, a complaint made under this section may not be referred by an employee to arbitration or adjudication.

• Marginal note:Duty and power of Board

  (5) On receipt of a complaint made under this section, the Board may assist the parties to the complaint to settle the complaint and shall, if it decides not to so assist the parties or the complaint is not settled within a period considered by the Board to be reasonable in the circumstances, hear and determine the complaint.

• Marginal note:Burden of proof

  (6) A complaint made under this section in respect of the exercise of a right under section 128 or 129 is itself evidence that the contravention actually occurred and, if a party to the complaint proceedings alleges that the contravention did not occur, the burden of proof is on that party.

Marginal note:Board orders

• 134 (1) If, under subsection 133(5), the Board determines that an employer has contravened section 147, the Board may, by order, require the employer to cease contravening that section and may, if applicable, by order, require the employer to

  • (a) permit any employee who has been affected by the contravention to return to the duties of their employment;

  • (b) reinstate any former employee affected by the contravention;

  • (c) pay to any employee or former employee affected by the contravention compensation not exceeding the sum that, in the Board’s opinion, is equivalent to the remuneration that would, but for the contravention, have been paid by the employer to the employee or former employee; and

  • (d) rescind any disciplinary action taken in respect of, and pay compensation to any employee affected by, the contravention, not exceeding the sum that, in the Board’s opinion, is equivalent to any financial or other penalty imposed on the employee by the employer.

• Marginal note:Enforcement of orders

  (2) Any person affected by an order of the Board under subsection (1), or the Head on the request of such a person, may, after 14 days from the day on which the order is made, or from the day provided in the order for compliance, whichever is later, file in the Federal Court a copy of the order, exclusive of reasons.

• Marginal note:Registration

  (3) On filing in the Federal Court under subsection (2), an order of the Board shall be registered in the Court and, when registered, has the same force and effect, and all proceedings may be taken in respect of it, as if the order were a judgment obtained in that Court.

Policy Health and Safety Committees

Marginal note:Establishment mandatory

• 134.1 (1) For the purposes of addressing health and safety matters that apply to the work, undertaking or business of an employer, every employer who normally employs directly three hundred or more employees shall establish a policy health and safety committee and, subject to section 135.1, select and appoint its members.

• Marginal note:Exception

  (2) An employer who normally employs directly more than twenty but fewer than three hundred employees may also establish a policy committee.

• Marginal note:More than one committee

  (3) An employer may establish more than one policy committee with the agreement of

  • (a) the trade union, if any, representing the employees; and

  • (b) the employees, in the case of employees not represented by a trade union.

• Marginal note:Duties of policy committee

  (4) A policy committee

  • (a) shall participate in the development of health and safety policies and programs;

  • (b) shall consider and expeditiously dispose of matters concerning health and safety raised by members of the committee or referred to it by a work place committee or a health and safety representative;

  • (c) shall participate in the development and monitoring of a program for the prevention of hazards in the work place that also provides for the education of employees in health and safety matters;

  • (d) shall participate to the extent that it considers necessary in inquiries, investigations, studies and inspections pertaining to occupational health and safety;

  • (e) shall participate in the development and monitoring of a program for the provision of personal protective equipment, clothing, devices or materials;

  • (f) shall cooperate with the Head;

  • (g) shall monitor data on work accidents, injuries and health hazards; and

  • (h) shall participate in the planning of the implementation and in the implementation of changes that might affect occupational health and safety, including work processes and procedures.

• Marginal note:Investigation — harassment and violence

  (4.1) Despite paragraph (4)(d), a policy committee shall not participate in an investigation, other than an investigation under section 128 or 129, relating to an occurrence of harassment and violence in the work place.

• Marginal note:Information

  (5) A policy committee may request from an employer any information that the committee considers necessary to identify existing or potential hazards with respect to materials, processes, equipment or activities in any of the employer’s work places.

• Marginal note:Access

  (6) A policy committee shall have full access to all of the government and employer reports, studies and tests relating to the health and safety of employees in the work place, or to the parts of those reports, studies and tests that relate to the health and safety of employees, but shall not have access to the medical records of any person except with the person’s consent.

• Marginal note:Meetings of committee

  (7) A policy committee shall meet during regular working hours at least quarterly and, if other meetings are required as a result of an emergency or other special circumstances, the committee shall meet as required during regular working hours or outside those hours.

Work Place Health and Safety Committees

Marginal note:Establishment mandatory

• 135 (1) For the purposes of addressing health and safety matters that apply to individual work places, and subject to this section, every employer shall, for each work place controlled by the employer at which twenty or more employees are normally employed, establish a work place health and safety committee and, subject to section 135.1, select and appoint its members.

• Marginal note:Exception

  (2) An employer is not required to establish a committee under subsection (1) for a work place that is on board a ship in respect of employees whose base is the ship.

• (3) [Repealed, 2018, c. 22, s. 7]

• (4) [Repealed, 2018, c. 22, s. 7]

• (5) [Repealed, 2018, c. 22, s. 7]

• Marginal note:Exemption if 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 Head, 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) at an employer’s request, the Head may, in writing, exempt the employer from the requirements of subsection (1) in respect of that work place;

  • (b) the committee of persons that has been appointed for the work place has, in addition to any rights, functions, powers, privileges and obligations under the agreement, the same rights, functions, powers, privileges and obligations as a work place committee under this Part; and

  • (c) the committee of persons so appointed is, for the purposes of this Part, deemed to be a work place committee established under subsection (1) and all rights and obligations of employers and employees under this Part and the provisions of this Part respecting a work place committee apply, with any modifications that the circumstances require, to the committee of persons so appointed.

• Marginal note:Posting of request

  (6.1) A request for an exemption must be posted in a conspicuous place or places where it is likely to come to the attention of employees, and be kept posted until the employees are informed of the Head’s decision in respect of the request.

• Marginal note:Duties of committee

  (7) A work place committee, in respect of the work place for which it is established,

  • (a) shall consider and expeditiously dispose of complaints relating to the health and safety of employees;

  • (b) shall participate in the implementation and monitoring of the program referred to in paragraph 134.1(4)(c);

  • (c) where the program referred to in paragraph 134.1(4)(c) does not cover certain hazards unique to the work place, shall participate in the development, implementation and monitoring of a program for the prevention of those hazards that also provides for the education of employees in health and safety matters related to those hazards;

  • (d) where there is no policy committee, shall participate in the development, implementation and monitoring of a program for the prevention of hazards in the work place that also provides for the education of employees in health and safety matters related to those hazards;

  • (e) shall participate in all of the inquiries, investigations, studies and inspections pertaining to the health and safety of employees, including any consultations that may be necessary with persons who are professionally or technically qualified to advise the committee on those matters;

  • (f) shall participate in the implementation and monitoring of a program for the provision of personal protective equipment, clothing, devices or materials and, where there is no policy committee, shall participate in the development of the program;

  • (g) shall ensure that adequate records are maintained on work accidents, injuries and health hazards relating to the health and safety of employees and regularly monitor data relating to those accidents, injuries and hazards;

  • (h) shall cooperate with the Head;

  • (i) shall participate in the implementation of changes that might affect occupational health and safety, including work processes and procedures and, where there is no policy committee, shall participate in the planning of the implementation of those changes;

  • (j) shall assist the employer in investigating and assessing the exposure of employees to hazardous substances;

  • (k) shall inspect each month all or part of the work place, so that every part of the work place is inspected at least once each year; and

  • (l) where there is no policy committee, shall participate in the development of health and safety policies and programs.

• Marginal note:Investigation — harassment and violence

  (7.1) Despite paragraph (7)(e), a work place committee shall not participate in an investigation, other than an investigation under section 128 or 129, relating to an occurrence of harassment and violence in the work place.

• Marginal note:Information

  (8) A work place committee, in respect of the work place for which it is established, may request from an employer any information that the committee considers necessary to identify existing or potential hazards with respect to materials, processes, equipment or activities.

• Marginal note:Access

  (9) A work place committee, in respect of the work place for which it is established, shall have full access to all of the government and employer reports, studies and tests relating to the health and safety of the employees, or to the parts of those reports, studies and tests that relate to the health and safety of employees, but shall not have access to the medical records of any person except with the person’s consent.

• Marginal note:Meetings of committee

  (10) A work place committee shall meet during regular working hours at least nine times a year at regular intervals and, if other meetings are required as a result of an emergency or other special circumstances, the committee shall meet as required during regular working hours or outside those hours.

Provisions Common to Policy Committees and Work Place Committees

Marginal note:Appointment of members

• 135.1 (1) Subject to this section, a policy committee or a work place committee shall consist of at least two persons and at least half of the members shall be employees who

  • (a) do not exercise managerial functions; and

  • (b) subject to any regulations made under subsection 135.2(1), have been selected by

    • (i) the employees, if the employees are not represented by a trade union, or

    • (ii) the trade union representing employees, in consultation with any employees who are not so represented.

• Marginal note:Exception — policy committee

  (2) Despite subsection (1) and if provided in a collective agreement or other agreement, the members of a policy committee may include persons who are not employees.

• Marginal note:Exception — work place committee

  (3) If there is no policy committee, a work place committee may, when dealing with an issue that would have come within the responsibilities of a policy committee, select two additional members. Unless otherwise provided in a collective agreement or other agreement, one of the additional members shall be an employee who meets the criteria set out in paragraphs (1)(a) and (b).

• Marginal note:Notification

  (4) If a trade union fails to select a person under subparagraph (1)(b)(ii), the Head 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:Failure to select

  (5) If no person is selected under paragraph (1)(b), the employer shall perform the functions of the committee until a person is selected and the committee is established.

• Marginal note:Alternate members

  (6) The employer and employees may select alternate members to serve as replacements for members selected by them who are unable to perform their functions. Alternate members for employee members shall meet the criteria set out in paragraphs (1)(a) and (b).

• Marginal note:Chairpersons

  (7) A committee shall have two chairpersons selected from among the committee members. One of the chairpersons shall be selected by the employee members and the other shall be selected by the employer members.

• Marginal note:Chairpersons to assign functions

  (8) The chairpersons of a committee shall jointly designate members of the committee to perform the functions of the committee under this Part as follows:

  • (a) if two or more members are designated, at least half of the members shall be employee members; or

  • (b) if one member is designated, the member shall be an employee member.

• 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 Head at the Head’s request.

• Marginal note:Time required for duties

  (10) The members of a committee are entitled to take the time required, during their regular working hours,

  • (a) to attend meetings or to perform any of their other functions; and

  • (b) for the purposes of preparation and travel, as authorized by both chairpersons of the committee.

• Marginal note:Payment of wages

  (11) A committee member shall be compensated by the employer for the functions described in paragraphs (10)(a) and (b), whether performed during or outside the member’s regular working hours, at the member’s regular rate of pay or premium rate of pay, as specified in the collective agreement or, if there is no collective agreement, in accordance with the employer’s policy.

• Marginal note:Wages for alternate members

  (12) Subsections (10) and (11) apply to alternate members only while they are actually performing the functions of the committee member they are replacing.

• Marginal note:Limitation of liability

  (13) No person serving as a member of a committee is personally liable for anything done or omitted to be done by the person in good faith under the authority or purported authority of this Part.

• Marginal note:Committee may establish rules

  (14) Subject to subsections 134.1(7) and 135(10) and any regulations made under subsection 135.2(1), a committee shall establish its own rules of procedure in respect of the terms of office, not exceeding two years, of its members and the time, place and frequency of regular meetings of the committee and may establish any rules of procedure for its operation that it considers advisable.