Canada Labour Code
Sections and provisions with full text and the judgments that cite each one.
Section 130 — When collective agreement exists
The Head may, on the joint application of the parties to a collective agreement, if the Head is satisfied that the agreement contains provisions that are at least as effective as those under sections…
Section 131 — Compensation under other laws not precluded
The fact that an employer or employee has complied with or failed to comply with any of the provisions of this Part may not be construed as affecting any right of an employee to compensation under…
Section 132 — Cease to perform job
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…
Section 133 — Complaint to Board
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),…
Section 134 — Board orders
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…
Section 134.1 — Establishment mandatory
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…
Section 135 — Establishment mandatory
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…
Section 135.1 — Appointment of members
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 do not exercise managerial…
Section 135.11 — Information likely to reveal identity
Neither the Head nor an employer shall, without the person’s consent, provide, under this Part, a policy committee or a work place committee with any information that is likely to reveal the identity…
Section 135.2 — Regulations
The Governor in Council may make regulations specifying the qualifications and terms of office of members of a committee; specifying the time and place of regular meetings of a committee; specifying…
Section 136 — Appointment of health and safety representative
Every employer shall, for each work place controlled by the employer at which fewer than twenty employees are normally employed or for which an employer is not required to establish a work place…
Section 136.1 — Information likely to reveal identity
Neither the Head nor an employer shall, without the person’s consent, provide, under this Part, a health and safety representative with any information that is likely to reveal the identity of a…
Section 137 — Committees or representatives — specified work places
Despite sections 135 and 136, if an employer controls more than one work place or the size or nature of the operations of the employer or those of the work place precludes the effective functioning…
Section 137.1 — Establishment of Commission
There is hereby established a Coal Mining Safety Commission, in this section referred to as the “Commission” consisting of, subject to subsection (2.1), not more than five members to be appointed by…
Section 137.2 — Approval of plans, procedures
The Commission or persons designated by the Commission for the purposes of this subsection may approve in writing, with or without modification, plans or procedures submitted in accordance with…
Section 138 — Special committees
The Minister may appoint committees of persons to assist or advise the Minister on any matter that the Minister considers advisable concerning occupational health and safety related to employment to…
Section 139 — Medical surveillance and examination programs
The Minister may undertake medical surveillance and examination programs with respect to occupational health and safety and may, if the Minister considers it appropriate, undertake those programs in…
Section 139.1 — Annual report
The Minister shall prepare and publish an annual report that contains statistical data relating to harassment and violence in work places to which this Part applies. The report shall not contain any…
Section 139.2 — Five-year review
Five years after the day on which this section comes into force and every five years after that, the Minister shall commence a review of the provisions of this Part relating to harassment and…
Section 140 — Delegation
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…
Section 141 — Accessory powers
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 conduct…
Section 141.1 — Inspections
If the Head conducts an inspection of the work place at the work place, it shall be done in the presence of an employee member and an employer member of the work place committee; or the health and…
Section 142 — Duty to assist
The person in charge of a work place and every person employed at, or in connection with, a work place shall give all reasonable assistance to the Head to enable him or her to exercise his or her…
Section 143 — Obstruction and false statements
No person shall obstruct or hinder, or make a false or misleading statement either orally or in writing to the Head in the exercise of his or her powers, or in the performance of his or her duties or…
Section 143.1 — Provision of information
No person shall prevent an employee from providing information to the Head in the exercise of his or her powers, or in the performance of his or her duties or functions under this Part; an external…
Section 143.2 — Permission required for access to residence
No person who carries out a duty under this Part shall enter a work place that is situated in an employee’s residence without the employee’s permission.
Section 144 — Evidence in civil or administrative proceedings precluded
No person to whom powers, duties or functions have been delegated under subsection 140(1) or (1.1), or under an agreement entered into under subsection 140(2), and no person who has accompanied or…
Section 145 — Direction to terminate contravention
If the Head is of the opinion that a provision of this Part is being contravened or has recently been contravened, the Head may direct the employer or employee concerned, or both, to terminate the…
Section 145.1 — Powers, duties and functions
For the purposes of sections 146 to 146.5, the Board has all of the powers, duties and functions of the Minister and the Head under this Part, except for those referred to in section 130,…
Section 146 — Appeal of direction
An employer, employee or trade union that feels aggrieved by a direction issued by the Head under this Part may appeal the direction to the Board, in writing, within 30 days after the day on which…
Section 146.01 — Head informed of appeal
The Board shall inform the Head in writing when an appeal is brought under subsection 129(7) or section 146 and provide him or her with a copy of the request for appeal. The Head shall, on request of…
Section 146.1 — Inquiry
If an appeal is brought under subsection 129(7) or section 146, the Board shall, in a summary way and without delay, inquire into the circumstances of the decision or direction, as the case may be,…
Section 146.2
[Repealed, 2017, c. 20, s. 349]
Section 146.3
[Repealed, 2017, c. 20, s. 349]
Section 146.4
[Repealed, 2017, c. 20, s. 349]
Section 146.5 — Wages
An employee who is a party to a proceeding under subsection 146.1(1) and who attends at the proceeding, or any employee who has been summoned by the Board to attend at such a proceeding and who…
Section 147 — General prohibition re employer
No employer shall dismiss, suspend, lay off or demote an employee, impose a financial or other penalty on an employee, or refuse to pay an employee remuneration in respect of any period that the…
Section 147.1 — Abuse of rights
An employer may, after all the investigations and appeals have been exhausted by the employee who has exercised rights under sections 128 and 129, take disciplinary action against the employee who…
Section 148 — General offence
Subject to this section, every person who contravenes a provision of this Part is guilty of an offence and liable on conviction on indictment, to a fine of not more than $1,000,000 or to imprisonment…
Section 149 — Minister’s consent required
No proceeding in respect of an offence under this Part may be instituted except with the consent of the Minister or a person designated by the Minister. If a corporation or a department in, or other…
Section 150 — Venue
A complaint or information in respect of an offence under this Part may be heard, tried and determined by a provincial court judge or justice if the accused is resident or carrying on business within…
Section 151 — Information
In any proceedings in respect of an offence under this Part, an information may include more than one offence committed by the same person and all those offences may be tried concurrently and one…
Section 152 — Injunction proceedings
The Head may apply or cause an application to be made to a judge of a superior court for an order enjoining any person from contravening a provision of this Part, whether or not a prosecution has…
Section 153 — Injunction
The judge of a court to whom an application under section 152 is made may, in the judge’s discretion, make the order applied for under that section and the order may be entered and enforced in the…
Section 154 — Imprisonment precluded in certain cases
If a person is convicted of an offence under this Part on proceedings by way of summary conviction, no imprisonment may be imposed in default of payment of any fine imposed as punishment. Where a…
Section 155 — Notice to provide information
If a person is required to provide information for the purposes of this Part, the Head may require the information to be provided by a notice to that effect served personally or sent by registered…
Section 156 — Decision final
Every order or decision made or direction issued by the Board under this Part is final and shall not be questioned or reviewed in any court. No order shall be made, process entered or proceeding…
Section 156.1 — Fees for services, etc.
The Governor in Council may, on the recommendation of the Treasury Board, fix the fees to be paid for services, facilities and products provided by the Minister under this Part or within the purpose…
Section 157 — Regulations
Subject to this section, the Governor in Council may make regulations prescribing anything that by this Part is to be prescribed; defining the expressions “harassment” and “violence” for the purposes…
Section 158 — Provincial Crown corporations
The Governor in Council may, by regulation, direct that this Part applies in respect of any employment, or any class or classes of employment, on or in connection with a federal work, undertaking or…