Advisory Circulars

Commercial & Business Aviation

OVERVIEW OF THE AMENDMENTS TO
PART II OF THE CANADA LABOUR CODE

Subject:  1. Definitions (subsection 122.(1))

AMENDED CODE EXPLANATION/APPLICATION
  Many definitions were created or redefined because of new terminology or new concepts adopted in the Code.
"appeals officer" means a person who is designated as an appeals officer under section 145.1. The appeals officer was formerly known as the Regional Safety Officer (RSO). This person hears appeals of all directions and decisions of "no danger" following a refusal to work.
"danger" means any existing or potential hazard or condition or any current or future activity that could reasonably be expected to cause injury or illness to a person exposed to it before the hazard or condition can be corrected, or the activity altered, whether or not the injury or illness occurs immediately after the exposure to the hazard, likely to result in a chronic illness, in disease or in damage to the reproductive system. The definition of "danger" that existed previously went through a significant change. Where a hazard had to be present during an investigation of a refusal to work in the former Code, it can now be a potential hazard. For example, a dangerous condition may not be present when a health and safety officer responds to a refusal to work, but the officer may decide that there is a potential hazard or a condition where injury or illness may not follow immediately. The health and safety officer would therefore render a decision accordingly.
"health and safety officer" means a person who is designated as a health and safety officer under section 140. A health and safety officer used to be called a safety officer under the Code.
"health and safety representative" means a person who is appointed as a health and safety representative under section 136. Health and safety representatives, formerly known as safety and health representatives, are appointed in companies where there are normally fewer than 20 employees.
"policy committee" means a policy health and safety committee established under section 134.1. A policy committee must be established in companies where there are normally 300 or more employees. This is a new requirement under the Code.
"prescribe" means prescribe by regulation of the Governor in Council or determine in accordance with rules prescribed by regulation of the Governor in Council. The term "prescribed" is used often in the Code even though some regulations have not yet been developed for many new requirements.
"regional health and safety officer" means a person who is designated as a regional health and safety officer under subsection 140(1). This term is used mainly in the OSH regulations as the appropriate person to refer information to.
"safety" means protection from danger and hazards arising out of, linked with or occurring in the course of employment. This term was not defined in the former Code. It injuries to employees in connection with the work place or that are "linked with" employment.
"work place committee" means a work place health and safety committee established under section 135. Work place committee was better known as the safety and health committee in the former Code. It is established at every work place where there are normally 20 or more employees.
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