• First Reference
  • About us
  • Contact us
  • 24th Annual Ontario Employment Law Conference 📣
  • Blog Signup 📨

First Reference Talks

Discussions on Human Resources, Employment Law, Payroll and Internal Controls

  • Home
  • About
  • Archives
  • Resources
  • Buy Policies
You are here: Home / Employee Relations / Amendments to part II of the Canada Labour Code

By McCarthy Tétrault LLP | 2 Minutes Read November 18, 2014

Amendments to part II of the Canada Labour Code

Part II of the Canada Labour Code (Code) governs occupational health and safety for employers and employees in industries under federal jurisdiction (e.g. banking, telecommunications, inter-provincial and international road transportation).

A number of changes to the Code came into force on October 31, 2014. These changes will reinforce the internal responsibility system to improve protection for Canadian workers and allow the Labour Program to better focus its attention on critical issues affecting the health and safety of Canadians in their workplace.

The amendments will also help improve the quality and consistency of decisions being made by the Labour Program and ensure that health and safety officer time is used more effectively to enforce regulations and focus on preventing workplace accidents.

Clarifying the definition of “danger” and reinforcing the accountability of workplace parties in resolving refusals to work

The amendments will clarify the definition of “danger” to ensure that work refusals concern situations where an employee is faced with an imminent or serious threat to their life or health. The amendments ensure that the definition of “danger” and the work refusal process are balanced and clear. Once a refusal to work occurs, the new process will ensure that employers and employees assess and address occupational health and safety issues effectively, efficiently and in a collaborative manner before involving the Labour Program of Employment and Social Development Canada.

Providing the Minister of Labour with all the powers and authorities previously conferred upon health and safety officers

The amendments will provide the Minister of Labour (the Minister) with the powers, duties and functions previously conferred on health and safety officers. The Minister will also have the authority, under subsection 140(1) of the Code, to delegate those powers, duties or functions to any qualified person or class of persons. The amendments will provide the Minister with greater oversight and accountability for the enforcement of Part II of the Code, which will lead to a more consistent approach in its enforcement.

Providing the Labour Program with discretion and flexibility to conduct its work in the most efficient manner possible

The amendments will allow the Minister to combine work refusals that affect the same employer and involve substantially the same issues. Furthermore, the Minister will have the authority to decline to investigate refusals to work which can be more effectively dealt with under another act or which are deemed to be trivial, frivolous, vexatious, or made in bad faith.

By Guylaine Lacerte

  • About
  • Latest Posts
Follow me
McCarthy Tétrault LLP
McCarthy Tétrault is a Canadian law firm that offers a full suite of legal and business solutions to clients in Canada and around the world. They deliver integrated business, litigation, tax, real property, and labour and employment solutions through offices in Vancouver, Calgary, Toronto, Montréal, Québec City, New York and London, UK.
Follow me
Latest posts by McCarthy Tétrault LLP (see all)
  • When the chips are down – BC Court of Appeal provides guidance on force majeure, frustration and declaratory relief - March 20, 2023
  • Is the sending of a company policy by email sufficient to invoke the enforceability of that policy against an employee? - February 21, 2023
  • Application dismissed: challenges in the workplace and performance management constitute credible non-discriminatory explanation for termination - January 23, 2023

Article by McCarthy Tétrault LLP / Employee Relations, Employment Standards, Health and Safety, Union Relations / Canada labour Code, employment law, health and safety officers, internal responsibility system, Labour Program, occupational health and safety, Return to work, work refusals

Share with a friend or colleague

Get the Latest Posts in your Inbox for Free!

Electronic monitoring

About McCarthy Tétrault LLP

McCarthy Tétrault is a Canadian law firm that offers a full suite of legal and business solutions to clients in Canada and around the world. They deliver integrated business, litigation, tax, real property, and labour and employment solutions through offices in Vancouver, Calgary, Toronto, Montréal, Québec City, New York and London, UK.

Reader Interactions

Trackbacks

  1. Law in the News: Paralegal-related Highlights | Paralegal Scope Magazine says:
    November 20, 2014 at 2:04 pm

    […] Amendments to Part II of the Canada Labour Code […]

Footer

About us

Established in 1995, First Reference is the leading publisher of up to date, practical and authoritative HR compliance and policy databases that are essential to ensure organizations meet their due diligence and duty of care requirements.

First Reference Talks

  • Home
  • About
  • Archives
  • Resources
  • Buy Policies

Main Menu

  • About First Reference
  • Resources
  • Contact us
  • 1 800 750 8175

Stay Connected

  • Facebook
  • LinkedIn
  • Twitter
  • YouTube

We welcome your comments on our blog articles. However, we do not respond to specific legal questions in this space.
We do not provide any form of legal advice or legal opinion. Please consult a lawyer in your jurisdiction or try one of our products.


Copyright © 2009 - 2023 · First Reference Inc. · All Rights Reserved
Legal and Copyright Notices · Publisher's Disclaimer · Privacy Policy · Accessibility Policy