PART II — Occupational Health and Safety

Exercise of Powers in Relation to Health and Safety

(1)

Subject to any terms and conditions specified by the Minister, the Minister may delegate to any qualified person or class of persons any of the powers, duties or functions the Minister is authorized to exercise or perform for the purposes of this Part.

Delegation — Head

(1.1)

Subject to any terms and conditions specified by the Minister, the Head may delegate to any qualified person or class of persons any of the powers the Head is authorized to exercise or any of the duties or functions the Head is authorized to perform for the purposes of this Part. The Head may make the delegation subject to any terms and conditions that the Head considers appropriate.

Agreements — delegating provincial employees

(2)

Subject to subsection (3), the Minister may, with the approval of the Governor in Council, enter into an agreement with any province or any provincial body specifying the terms and conditions under which the Minister may delegate to a person employed by that province or provincial body the powers, duties or functions that the Minister or the Head is authorized to exercise or perform for the purposes of this Part.

Exception

(3)

The powers, duties or functions provided for in section 130, subsections 137.‍1(1) to (2.‍1) and (7) to (9), 137.‍2(4), 138(1) to (2) and (4) to (6), 140(1) to (2) and (4), 144(1) and 149(1), sections 152 and 155 and subsections 156.‍1(1), 157(3) and 159(2) shall not be the subject of an agreement under subsection (2).

Certificate of authority

(4)

The Minister may provide any person to whom powers, duties or functions have been delegated under subsection (1), or under an agreement entered into under subsection (2), with a certificate of authority and, when exercising those powers or performing those duties or functions, that person shall show the certificate to any person who asks to see it.

Certificate of authority — Head

(4.1)

The Head may provide any person to whom powers, duties or functions have been delegated under subsection (1.1), or under an agreement entered into under subsection (2), with a certificate of authority and, when exercising those powers or performing those duties or functions, that person shall show the certificate to any person who asks to see it.

Limitation of liability

(5)

A person to whom powers, duties or functions have been delegated under subsection (1) or (1.1), or under an agreement entered into under subsection (2), is not personally liable for anything done or omitted to be done by them in good faith in the actual or purported exercise of those powers or performance of those duties or functions.

Duty of Her Majesty

(6)

Despite subsection (5), and for greater certainty, Her Majesty in right of Canada is not relieved of any civil liability to which Her Majesty in right of Canada may otherwise be subject.

R.S., 1985, c. L-2, s. 140; R.S., 1985, c. 9 (1st Supp.), s. 4; 2000, c. 20, s. 14; 2013, c. 40, s. 190; 2018, c. 22, s. 12; 2018, c. 27, s. 553; 2018, c. 27, s. 623

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141Accessory powers history

(1)

Subject to section 143.2, the Head may, in carrying out the Head’s duties and at any reasonable time, enter any work place controlled by an employer and, in respect of any work place, may

(a)

conduct examinations, tests, inquiries, investigations and inspections or direct the employer to conduct them;

(b)

take or remove for analysis, samples of any material or substance or any biological, chemical or physical agent;

(c)

be accompanied or assisted by any person and bring any equipment that the Head deems necessary to carry out the Head’s duties;

(d)

take or remove, for testing, material or equipment if there is no reasonable alternative to doing so;

(e)

take photographs and make sketches;

(f)

direct the employer to ensure that any place or thing specified by the Head 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 Head 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 Head 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 Head 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 Head while the Head, is in the work place; and

(k)

meet with any person in private or, at the request of the person, in the presence of the person’s legal counsel or union representative.

Directions whether or not in work place

(2)

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

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 Head 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.

Investigation of deaths

(4)

The Head 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.

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 Head shall obtain a copy of any police report as soon as possible after the accident.

Report

(6)

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

(7) to (9)

[Repealed, 2013, c. 40, s. 191]

R.S., 1985, c. L-2, s. 141; R.S., 1985, c. 9 (1st Supp.), s. 4; 2000, c. 20, s. 14; 2013, c. 40, s. 191; 2018, c. 27, s. 554

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141.1Inspections history

(1)

If the Head conducts an inspection of the work place at the work place, it shall be done in the presence of

(a)

an employee member and an employer member of the work place committee; or

(b)

the health and safety representative and a person designated by the employer.

Inspection not to be delayed

(2)

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

2000, c. 20, s. 14; 2013, c. 40, s. 192; 2018, c. 27, s. 555

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