Regulations Amending Certain Regulations Made Under the Canada Labour Code: SOR/2021-118

Canada Gazette, Part II, Volume 155, Number 12

Registration
SOR/2021-118 June 1, 2021

CANADA LABOUR CODE

P.C. 2021-468 June 1, 2021

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 to be 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 and are to be made in respect of occupational safety and health of employees employed on or in connection with exploration or drilling for or the production, conservation, processing or transportation of oil or gas in frontier lands, as defined in the Canada Petroleum Resources Act footnote e, on the recommendation of the Minister of Labour, the Minister of Indigenous Services and the Minister of Natural Resources, the latter taking into consideration any recommendations made by the Canadian Energy Regulator in relation to the regulations;

Therefore, His Excellency the Administrator of the Government of Canada in Council, on the recommendation of the Minister of Labour, the Minister of Transport, the Minister of Indigenous Services and the Minister of Natural Resources, pursuant to subsection 157(1)footnote c, section 175 footnote f and paragraphs 264(1)(k) and 270(1)(h) footnote g 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 Labour Standards Regulations

1 Subsection 2(2) of the Canada Labour Standards Regulations footnote 1 is replaced by the following:

(2) If, under these Regulations, any notice, application or other document is required or authorized to be filed with or sent to the Head of Compliance and Enforcement, it shall be filed with or sent to the Head of Compliance and Enforcement at the regional office of the Labour Program of the Department of Employment and Social Development that is located at the city nearest to the place where the employee concerned resides.

2 The Regulations are amended by replacing “inspector”, “Minister” and “regional director” with “Head of Compliance and Enforcement” in the following provisions:

East Coast and Great Lakes Shipping Employees Hours of Work Regulations, 1985

3 The East Coast and Great Lakes Shipping Employees Hours of Work Regulations, 1985 footnote 2 are amended by replacing “Minister” with “Head of Compliance and Enforcement” in the following provisions:

West Coast Shipping Employees Hours of Work Regulations

4 Subsection 4(4) of the West Coast Shipping Employees Hours of Work Regulations footnote 3 is amended by replacing “Minister” with “Head of Compliance and Enforcement”.

Canada Occupational Health and Safety Regulations

5 The definition Minister in section 1.2 of the Canada Occupational Health and Safety Regulations footnote 4 is repealed.

6 The Regulations are amended by replacing “Minister” with “Head of Compliance and Enforcement” in the following provisions:

On Board Trains Occupational Health and Safety Regulations

7 The On Board Trains Occupational Health and Safety Regulations footnote 5 are amended by replacing “Minister” with “Head of Compliance and Enforcement” in the following provisions:

Oil and Gas Occupational Safety and Health Regulations

8 The definition Minister in section 1.1 of the Oil and Gas Occupational Safety and Health Regulations footnote 6 is repealed.

9 The Regulations are amended by replacing “Minister” with “Head of Compliance and Enforcement” in the following provisions:

Coal Mining Safety Commission Regulations

10 Sections 3 to 5 of the Coal Mining Safety Commission Regulations footnote 7 are amended by replacing “Minister” with “Head of Compliance and Enforcement”.

Maritime Occupational Health and Safety Regulations

11 The Maritime Occupational Health and Safety Regulations footnote 8 are amended by replacing “Minister” with “Head of Compliance and Enforcement” in the following provisions:

Aviation Occupational Health and Safety Regulations

12 The Aviation Occupational Health and Safety Regulations footnote 9 are amended by replacing “Minister” with “Head of Compliance and Enforcement” in the following provisions:

Policy Committees, Work Place Committees and Health and Safety Representatives Regulations

13 Subsection 9(1) of the Policy Committees, Work Place Committees and Health and Safety Representatives Regulations footnote 10 is amended by replacing “Minister” with “Head of Compliance and Enforcement”.

Work Place Harassment and Violence Prevention Regulations

14 The Work Place Harassment and Violence Prevention Regulations footnote 11 are amended by replacing “Minister” with “Head of Compliance and Enforcement” in the following provisions:

Coming into Force

15 These Regulations come into force on the 30th day after the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

As a result of amendments to the Canada Labour Code (the Code) pertaining to the designation of a Head of Compliance and Enforcement, consequential technical changes are required to certain regulations made under Part II and Part III of the Code.

Background

The Code consolidates statutory provisions regarding industrial relations (Part I), occupational health and safety (Part II), labour standards (Part III) and administrative monetary penalties (Part IV), and applies to industries that fall within the federal jurisdiction. This includes employers and employees in federal Crown corporations (e.g. Canada Post) and several private-sector industries, such as

Part II further applies to the federal public service and parliamentary workplaces.

The Budget Implementation Act, 2018, No. 2 (Bill C-86), which received royal assent on December 13, 2018, introduced several legislative changes to the Code. These include providing for the designation, by the Minister of Labour, of a Head of Compliance and Enforcement (HOCE) who exercises most of the powers and performs most of the duties and functions that are related to the administration and enforcement of Parts II, III and IV of the Code. All powers, duties and functions previously conferred to inspectors and regional directors, and most of those conferred to the Minister under Parts II and III were transferred to the HOCE when these provisions came into force on January 1, 2021, the same day on which the new Part IV of the Code came into force.

The HOCE has authority to delegate to any qualified person or class of persons any of these powers, duties or functions, and to make that delegation subject to any terms and conditions that the HOCE considers appropriate. Although the HOCE is responsible for the day-to-day administration and enforcement of the Code, the Minister of Labour has retained a number of responsibilities at the policy level (e.g. appointing advisory committees) or for more sensitive matters (e.g. giving consent to any prosecution). The Minister can also impose terms and conditions on the HOCE's delegation powers.

These legislative changes are aimed at improving oversight and consistency in program delivery, providing greater operational flexibility, aligning the different parts of the Code and allowing adjustments to the duties of the inspectorate and other officials to optimize the workload. Ultimately, this should help improve client service and reduce wait times in the handling of complaints. It will also address any concerns about potential political interference in enforcement decisions.

Although all necessary changes to the Code were included in Bill C-86, consequential regulatory amendments are also required to ensure that a number of powers, duties and functions found in various regulations made under Part II and Part III of the Code are also transferred to the HOCE. This will allow them to be subsequently delegated by the HOCE.

Objective

The objectives of the consequential regulatory amendments are twofold. First, to align eight regulations under Part II (Occupational Health and Safety) and three regulations under Part III (Labour Standards) of the Code with legislative changes that came into force on January 1, 2021, establishing the HOCE under Part IV of the Code. Second, to ensure consistency in the delegation of powers, duties, and functions to the HOCE under the Code.

Description

Several provisions referencing inspectors, regional directors and the Minister of Labour in regulations made under Part II and Part III of the Code will be adjusted to reflect legislative changes concerning the designation of the HOCE.

Table 1: Description of amendments to certain regulations made under Part II and Part III of the Code
Regulations made under the Code Description of amendment
Aviation Occupational Health and Safety Regulations
  • Replace references to "Minister" in sections 1.3 and 10.4, subsection 10.7(1), and paragraphs 2.6(a), 5.19.10(b), 10.6(2)(b) and 10.8(b) with "Head of Compliance and Enforcement".
Canada Labour Standards Regulations
  • Replace references to "Minister" in sections 22 and 23, and subsections 8(2) and 25(1) with "Head of Compliance and Enforcement".
  • Replace the reference to "inspector" in subsection 34(2) with "Head of Compliance and Enforcement".
  • Replace references to "regional director" in subsection 2(2) and paragraphs 6(3)(b) and 6(12)(b) with "Head of Compliance and Enforcement".
Canada Occupational Health and Safety Regulations
  • Replace references to "Minister" in sections 1.5, 15.5, and 15.9, subsections 5.16(2), 5.16(4) and 15.10(1), and paragraphs 7.6(a), 10.26.10(b), 12.07(2)(b), 14.38(3)(a), 15.8(2)(b), and 15.11(a) with "Head of Compliance and Enforcement".
East Coast and Great Lakes Shipping Employees Hours of Work Regulations, 1985
  • Replace references to "Minister" in section 16, and subsections 6(1), 6(2), 7(3) and 12(2) with "Head of Compliance and Enforcement".
Maritime Occupational Health and Safety Regulations
  • Replace references to "Minister" in section 277, subsections 4(1) and 280(1), and paragraphs 4(2)(b), 235(3)(a), 257.91(b), and 279(2)(a) with "Head of Compliance and Enforcement".
Oil and Gas Occupational Safety and Health Regulations
  • Replace references to "Minister" in sections 1.4, 6.7, and 16.5, subsections 16.4(1), 16.7(1) and 16.8(1), and paragraphs 8.2(3)(a), 11.28.10(b), 15.42(2)(a) and 16.4(2)(a) with "Head of Compliance and Enforcement".
On Board Trains Occupational Health and Safety Regulations
  • Replace references to "Minister" in sections 1.4, 11.4, 11.7.1, and 11.8, and paragraphs 4.6(a), 7.23.10(b), 11.7(2)(b), and 11.9(a) with "Head of Compliance and Enforcement".
Policy Committees, Work Place Committees and Health and Safety Representatives Regulations
  • Replace the reference to "Minister" in subsection 9(1) with "Head of Compliance and Enforcement".
Coal Mining Safety Commission Regulations
  • Replace references to "Minister" in sections 3, 4 and 5 with "Head of Compliance and Enforcement".
West Coast Shipping Employees Hours of Work Regulations
  • Replace the reference to "Minister" in subsection 4(4) with "Head of Compliance and Enforcement".
Work Place Harassment and Violence Prevention Regulations
  • Replace references to "Minister" in sections 3 and 36, and subsection 37(1) with "Head of Compliance and Enforcement".

Regulatory development

Consultation

No consultations are required since the technical amendments being made throughout the regulations have no impact on stakeholders.

Modern treaty obligations and Indigenous engagement and consultation

The regulatory amendments do not impact Indigenous peoples, and are not expected to have any modern treaty implications or obligations.

Instrument choice

The regulatory amendments are consequential in nature and intended to align the Regulations with the new Code provisions. As a result, no other instruments were considered.

Regulatory analysis

Benefits and costs

The regulatory amendments have no cost to stakeholders. They designate the HOCE as the entity overseeing compliance and enforcement activities for certain provisions under the regulations, while not altering any of the provisions of these regulations.

Small business lens

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

One-for-one rule

The one-for-one rule does not apply to these amendments, as there is no change in administrative costs or burden to businesses.

Regulatory cooperation and alignment

The regulatory amendments are not related to a work plan or commitment under a formal regulatory cooperation forum.

Strategic environmental assessment

A preliminary scan was done and there are no environmental impacts associated with the regulatory amendments.

Gender-based analysis plus

No gender-based analysis plus (GBA+) impacts have been identified for the regulatory amendments.

Implementation and compliance and enforcement

Implementation

These Regulations will come into force on the 30th day after the day on which they are registered. The Labour Program will update all relevant publications for employers and employees to reflect these regulatory amendments.

Compliance and enforcement

Responsibilities for compliance and enforcement of Parts II and III of the Code are delegated to the HOCE. These regulatory amendments will ensure the HOCE's responsibilities are reflected in Regulations made under these parts of the Code. They do not result in new requirements for regulated entities and the Labour Program will continue to enforce the Code and its associated regulations using existing practices.

Compliance with Part II and Part III of the Code is achieved using a variety of approaches, including education and counselling, investigation of complaints and inspection of workplaces. When voluntary compliance proves ineffective, compliance is sought through enforcement measures that include escalating actions that depend on the seriousness of the contravention and the cooperation of the workplace. Prosecution or administrative monetary penalties under the new Part IV of the Code may be pursued to address more serious or repeated offences and violations.

Some of the occupational health and safety regulations under Part II of the Code are enforced by regulatory partners. Occupational health and safety regulations that apply to employees employed on ships, trains or aircraft are enforced by Transport Canada. Those that apply to employees employed on or in connection with exploration or drilling for or the production, conservation, processing or transportation of oil or gas in frontier lands are enforced by Natural Resources Canada, the Canada Energy Regulator and by Crown-Indigenous Relations and Northern Affairs Canada. The Labour Program oversees the issuance of administrative monetary penalties based on the recommendations of regulatory partners.

Contact

Danijela Hong
Director
Labour Standards – Wage Earner Protection Program
Workplace Directorate, Labour Program
Telephone: 819‑654‑1625
Email: danijela.hong@labour-travail.gc.ca