Regulations Amending Certain Regulations Made Under the Canada Labour Code: SOR/2018-247

Canada Gazette, Part II, Volume 152, Number 25

Registration

SOR/2018-247 November 23, 2018

CANADA LABOUR CODE

P.C. 2018-1429 November 22, 2018

Whereas, pursuant to subsection 157(3) footnote a of the Canada Labour Code footnote b, regulations of the Governor in Council under subsection 157(1) footnote c or (1.1) footnote d of that Act are made in respect of occupational safety and health of employees employed on ships, trains or aircraft, while in operation, on the recommendation of the Minister of Labour and the Minister of Transport;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Labour and the Minister of Transport, pursuant to section 157 footnote e of the Canada Labour Code footnote b, makes the annexed Regulations Amending Certain Regulations Made Under the Canada Labour Code.

Regulations Amending Certain Regulations Made Under the Canada Labour Code

Canada Occupational Health and Safety Regulations

1 Paragraph 7.2(1)(a) of the Canada Occupational Health and Safety Regulations footnote 1 is replaced by the following:

On Board Trains Occupational Health and Safety Regulations

2 Paragraph 4.2(1)(a) of the On Board Trains Occupational Health and Safety Regulations footnote 2 is replaced by the following:

Aviation Occupational Health and Safety Regulations

3 Paragraph 2.2(1)(a) of the Aviation Occupational Health and Safety Regulations footnote 3 is replaced by the following:

Coming into Force

4 These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

The occupational health and safety (OHS) regulations provide an ambulatory reference to the Canadian Standards Association’s (CSA) most recent standard for the measurement of occupational noise exposure. In 2018, the fifth edition of this standard (CSA-Z107.56-2018, Measurement of Noise Exposure) will supersede the current edition published in 2013. The 2018 edition will incorporate significant changes that would conflict with other aspects of the regulations on the levels of sound. As a result, the reference to the standard would be amended to a static reference to the 2013 edition to allow the Labour Program to undertake a review of the Part VII (Levels of sound) of the Canada Occupational Health and Safety Regulations.

Background

The Labour Program seeks to promote and sustain stable industrial relations and safe, fair, healthy, equitable and productive workplaces within the federal jurisdiction. This mandate is achieved through the development and implementation of the OHS regulations (including the regulations listed below) that aim to reduce work-related accidents and illnesses in federal jurisdiction workplaces made under the Part II of the Canada Labour Code:

Objectives

The objective of the Regulations Amending Certain Regulations under Part II of the Canada Labour Code is to avoid regulatory conflict between the regulations and the new edition of the standard.

Description

The following amendments to the COHSR, OTOHSR, and AOHSR have been made:

“One-for-One” Rule

The “One-for-One” Rule does not apply to the amendments, as there is no change in administrative costs to business.

Small business lens

The small business lens does not apply to the amendments, as there are no costs on small business.

Consultation

As the amendments are considered to be administrative in nature, they do not change the policy intent of the regulations and do not have any practical impact on federally regulated employers and employees, it was determined that formal consultations were not necessary.

Rationale

The references to the CSA standard on the measurement of noise in the OHS regulations need to be amended to static references to the 2013 edition. Necessary regulatory amendments should be made promptly to avoid employers being unable to meet the new requirements of the 2018 edition. By making this change, the equipment employers currently use would continue to meet regulatory requirements.

The Labour Program will review the entire Part VII Levels of Sound of the COHSR to address the new requirements that will be incorporated in the updated 2018 standard when other regulatory initiatives are completed. While the Labour Program undertakes this broader review, the amendments ensure that the standard being referenced is a static reference to the current 2013 edition.

In addition, the static reference to the 2013 edition of the CSA standard will not require any changes from employers to be compliant and will ensure that employers possess the appropriate information and equipment. Also, the amendments to the COHSR, OTOHSR and AOHSR will prevent ambiguities between the current regulations and the 2018 edition of the standard which is incorporating significant changes. Therefore, the amendments do not change the intent or application of the existing regulations, and do not result in practical impacts or costs for stakeholders.

Implementation, enforcement and service standards

The amendments are administrative in nature, and do not make any substantive changes to any of the provisions identified. No incremental implementation or enforcement activities are anticipated.

Contact

Sonia Gangopadhyay
Manager
Occupational Health and Safety Policy Unit
Workplace Directorate
Labour Program
Employment and Social Development Canada
165 de l’Hôtel-de-Ville Street
Place du Portage, Phase II, 10th Floor
Gatineau, Quebec
K1A 0J2
Telephone: 819-654-1581
Email: sonia.gangopadhyay@labour-travail.gc.ca