Overview of Part II of the Canada Labour Code

Safety Officers

Powers

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In the context of the Canada Labour Code, a "safety officer" is a person appointed by the Minister of Labour. The safety officer may, as part of his or her duties

• enter any work place at any reasonable time;
• conduct, or have conducted, tests, examinations, inquiries or inspections;
• take samples and remove them for analysis;
• take photographs and make sketches of the work place; and
• be accompanied and assisted in these duties by persons who may have essential skills or information.

The safety officer has the power to direct the employer

• not to disturb a certain area or thing pending the officer's investigation;
• to produce documents and information relating to the Health and Safety of the employees;
• to make or provide statements respecting working conditions, material, and equipment affecting the health and safety of employees in the work place; and
• to take action set out in a direction in order to bring working conditions up to standard.

As a final step, a safety officer will recommend an employer be prosecuted for non­compliance with his or her direction.

Information obtained by a safety officer regarding any secret process or trade secret is confidential and must not be disclosed to any person, except as required by law. CLC: 141

Review of a Safety Officer's Direction

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Any employer, employee or trade union may, within 14 days of the date of the direction, request that a Regional Safety Officer review the safety officer's direction. CLC: 146. This can be done through the safety officer or by sending the request to:

Office of the Regional Safety Officer
Human Resources Development Canada
Labour Program
Ottawa, Ontario
K1A 0J2

Telephone: (819) 953-4773
Fax: (819) 953-3326

In order to speed up the review process, the requester should include the information below with the initial request:

• Name, address and telephone number of:
  • the employer or the employer's representative;
  • the employee(s) concerned or the employee's representative;
  • the employees' union, if any.
• A copy of the direction contested

What is the regional safety officer's role

The regional safety officer is authorized to hear all requests for review of directions issued by a safety officer.

Under the Code, the regional safety officer may vary, rescind or confirm the direction.

The regional safety officer hears and disposes of every review of a direction impartially and independently. He or she will provide a written decision as soon as possible after the investigation.

Under the Code, the regional safety officer's decisions are final and binding; however, they may be subject to judicial review by the Federal Court.

Enforcement and Penalties

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The Canada Labour Code and its regulations can be enforced through fines according to the seriousness of the offence. Below is a diagram of the offences and penalties.

Offences and Maximum Penalties	Explanations
2 years or $25,000	Wilfully commits acts likely to cause death or serious injury
$100, 000	Offence results in death/serious injury
$25,000	Contravenes direction of safety officer
$15,000	any contravention of any provision by anyone
$5,000	Examples of offences are listed below

Examples of offences for which there may be a fine up to $5 000

Employer offences

Employers who do not:

• post information
• keep records
• provide sanitary and personal facilities

Employee offences

Employees who do not:

• Cooperate with Health and Safety persons
• report accidents

In addition to the above offences and penalties, the following penalties also apply:

a) to employers who do not

• ensure that all hazardous substances are identified in the prescribed manner;
• label controlled products with the prescribed information;
• make available to employees an MSDS for each controlled product;
• provide information to a medical professional in an emergency; or,

b) to medical professionals or safety officers who disclose confidential information, except as required by law. CLC: 148

• up to $100,000 and/or up to six months imprisonment, on summary conviction; OR
• up to $1,000,000 and/or up to two years imprisonment, on conviction or indictment.

Injunction

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The Minister of Labour may seek an injunction where there is serious risk or where a fine would not be an effective way of achieving compliance. CLC: 153