Regulations Amending Certain Regulations Made Under the Canada Labour Code (Respiratory Protective Equipment): SOR/2022-94

Canada Gazette, Part II, Volume 156, Number 10

Registration
SOR/2022-94 May 2, 2022

CANADA LABOUR CODE

P.C. 2022-450 April 29, 2022

Whereas, pursuant to subsection 157(3)footnote a of the Canada Labour Codefootnote 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 Actfootnote 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;

And whereas the Canadian Energy Regulator has not made any recommendation in relation to the regulations;

Therefore, Her Excellency the Governor General 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 paragraphs 125(1)(l) and (w)footnote f, section 157footnote g and subparagraph 270(1)(a)(i)footnote h of the Canada Labour Code footnote b, makes the annexed Regulations Amending Certain Regulations Made Under the Canada Labour Code (Respiratory Protective Equipment).

Regulations Amending Certain Regulations Made Under the Canada Labour Code (Respiratory Protective Equipment)

Canada Occupational Health and Safety Regulations

1 (1) The definition ACNOR in section 1.2 of the French version of the Canada Occupational Health and Safety Regulations footnote 1 is repealed.

(2) The definition oxygen deficient atmosphere in section 1.2 of the Regulations is replaced by the following:

oxygen deficient atmosphere
means an atmosphere in which there is less than 19.5 per cent by volume of oxygen at a pressure of one atmosphere or in which the partial pressure of oxygen is less than 148 mm Hg; (air à faible teneur en oxygène)

(3) Section 1.2 of the French version of the Regulations is amended by adding the following in alphabetical order:

CSA Sigle désignant l’Association canadienne de normalisation. (CSA)

2 Subsection 12.02(2) of the Regulations is replaced by the following:

(2) Any amendment to a CSA Group standard, a CSA standard or a UL standard that is incorporated by reference in this Part is effective on the 30th day after the day on which the amendment is published by the CSA Group or by UL, as the case may be, in both official languages.

3 (1) Subsections 12.13(1) and (2) of the Regulations are replaced by the following:

12.13 (1) If there is a risk of injury or disease due to exposure to an oxygen deficient atmosphere in a work place, the employer must provide every person who is granted access to the work place with respiratory protective equipment by means of which air will be supplied and that meets the following requirements:

(2) If there is a risk of injury or disease due to exposure to an airborne hazardous substance, other than a CBRN agent, in a work place, the employer must provide every person who is granted access to the work place with respiratory protective equipment that meets the following requirements:

(2) Paragraph 12.13(3)(a) of the Regulations is replaced by the following:

(3) Subparagraphs 12.13(3)(b)(i) and (ii) of the Regulations are replaced by the following:

(4) Subsection 12.13(4) of the Regulations is replaced by the following:

(4) The employer must ensure that respiratory protective equipment referred to in subsections (1) and (2) and subparagraph (3)(b)(i) is used and cared for in accordance with CSA Standard Z94.4, Selection, use, and care of respirators.

4 The Regulations are amended by adding the following after section 12.13:

12.13.1 The employer must ensure that air that is supplied by means of respiratory protective equipment referred to in paragraph (1)(a) or (2)(a), and the system that supplies the air, including its cylinders, meet the requirements set out in CSA Standard Z180.1, Compressed breathing air and systems.

5 The French version of the Regulations is amended by replacing “de l’ACNOR” with “de la CSA” in the following provisions:

On Board Trains Occupational Health and Safety Regulations

6 Section 8.8 of the On Board Trains Occupational Health and Safety Regulations footnote 2 is replaced by the following:

8.8 (1) If there is a risk of injury or disease due to exposure to an oxygen deficient atmosphere in a work place, the employer shall provide every person who is granted access to the work place with respiratory protective equipment by means of which air will be supplied and that meets the following requirements:

(2) If there is a risk of injury or disease due to exposure to an airborne hazardous substance in a work place, the employer shall provide every person who is granted access to the work place with respiratory protective equipment that meets the following requirements:

(3) The respiratory protective equipment referred to in subsection (1) or (2) shall be selected, fitted, cared for, used and maintained in accordance with CSA Standard Z94.4, Selection, use, and care of respirators, as amended from time to time.

(4) The employer must ensure that the air that is supplied by means of respiratory protective equipment referred to in paragraph (1)(a) or (2)(a), and the system that supplies the air, including its cylinders, meets the requirements set out in CSA Standard Z180.1, Compressed breathing air and systems, as amended from time to time.

Oil and Gas Occupational Safety and Health Regulations

7 (1) The definition ACNOR in section 1.1 of the French version of the Oil and Gas Occupational Safety and Health Regulations footnote 3 is repealed.

(2) Section 1.1 of the French version of the Regulations is amended by adding the following in alphabetical order:

CSA
Sigle désignant l’Association canadienne de normalisation. (CSA)

8 Section 1.6 of the Regulations is replaced by the following:

1.6 Despite any provision in any standard incorporated by reference in these Regulations, other than a standard incorporated in section 13.7, a reference to another publication in that standard is a reference to the publication as it read on October 30, 1987.

9 Paragraph 12.6(1)(b) of the Regulations is replaced by the following:

10 (1) Subsections 13.7(1) to (3) of the Regulations are replaced by the following:

13.7 (1) Subject to subsection (4), if there is a risk of injury or disease due to exposure to an oxygen deficient atmosphere in a work place, the employer shall provide every person who is granted access to the work place with respiratory protective equipment by means of which air will be supplied and that meets the following requirements:

(2) Subject to subsection (4), if there is a risk of injury or disease due to exposure to an airborne hazardous substance in a work place, the employer shall provide every person who is granted access to the work place with respiratory protective equipment that meets the following requirements:

(3) Respiratory protective equipment referred to in subsection (1) or (2) shall be selected, fitted, cared for, used and maintained in accordance with CSA Standard Z94.4,Selection, use, and care of respirators, as amended from time to time.

(3.1) The employer must ensure that air that is supplied by means of respiratory protective equipment referred to in paragraph (1)(a) or (2)(a), and the system that supplies the air, including its cylinders, meet the requirements set out in CSA Standard Z180.1, Compressed breathing air and systems, as amended from time to time.

(2) Subsection 13.7(6) of the Regulations is repealed.

11 The French version of the Regulations is amended by replacing “de l’ACNOR” with “du CSA” in the following provisions:

Maritime Occupational Health and Safety Regulations

12 The definition oxygen-deficient atmosphere in section 1 of the English version of the Maritime Occupational Health and Safety Regulations footnote 4 is replaced by the following:

oxygen deficient atmosphere
means an atmosphere in which there is less than 19.5 per cent by volume of oxygen at a pressure of one atmosphere or in which the partial pressure of oxygen is less than 148 mm Hg. (air à faible teneur en oxygène)

13 Section 142 of the Regulations is replaced by the following:

142 (1) If there is a risk of injury or disease due to exposure to an oxygen deficient atmosphere in a work place, the employer must provide every person who is granted access to the work place with respiratory protective equipment or a breathing apparatus by means of which air will be supplied and that meets the following requirements:

(2) If there is a risk of injury or disease due to exposure to an airborne hazardous substance in a work place, the employer shall provide every person who is granted access to the work place with respiratory protective equipment or a breathing apparatus that meets the following requirements:

(3) The respiratory protective equipment or breathing apparatus referred to in subsection (1) or (2) must be selected, fitted, cared for, used and maintained in accordance with CSA Standard Z94.4, Selection, use, and care of respirators.

(4) The employer must ensure that the air that is supplied by means of respiratory protective equipment or breathing apparatus referred to in paragraph (1)(a) or (2)(a) and the system that supplies the air, including its cylinders, meet the requirements set out in CSA Standard Z180.1, Compressed breathing air and systems.

142.1 If a steel or aluminum self-contained breathing apparatus cylinder has a dent deeper than 1.5 mm and less than 50 mm in major diameter or shows evidence of deep isolated pitting, cracks or splits, the cylinder must be removed from service until it has been shown to be safe for use by means of a hydrostatic test at a pressure equal to one and one-half times the maximum allowable working pressure.

14 Paragraph 174(1)(b) of the Regulations is replaced by the following:

15 Paragraph 194(b) of the Regulations is replaced by the following:

16 Paragraph 277(d) of the English version of the Regulations is replaced by the following:

17 The portion of subsection 279(1) of the English version of the Regulations before paragraph (a) is replaced by the following:

279 (1) If the investigation referred to in section 276 discloses that a hazardous occurrence resulted in the death of an employee, a missing employee, a disabling injury to an employee or an employee’s loss of consciousness as a result of electric shock or a toxic or oxygen deficient atmosphere, the employer must prepare a report in writing that includes the following information:

Administrative Monetary Penalties (Canada Labour Code) Regulations

18 Item 765 of Division 1 of Part 2 of Schedule 1 to the Administrative Monetary Penalties (Canada Labour Code) Regulations footnote 5 is replaced by the following:
Item

Column 1

Provision

Column 2

Violation Type
765 12.13(2)(a) E
765.1 12.13(2)(b) E
765.2 12.13(2)(c) E
765.3 12.13(2)(d) E
765.4 12.13(2)(e) E
19 Division 1 of Part 2 of Schedule 1 to the Regulations is amended by adding the following after item 768:
Item

Column 1

Provision

Column 2

Violation Type
768.1 12.13.1 E
20 Items 403 to 407 of Division 4 of Part 2 of Schedule 1 to the Regulations are replaced by the following:
Item

Column 1

Provision

Column 2

Violation Type
403 142(1)(a) E
404 142(1)(b) E
405 142(2)(a) E
406 142(2)(b) E
406.1 142(2)(c) E
406.2 142(2)(d) E
406.3 142(3) D
407 142(4) E
407.1 142.1 D
21 Items 489 to 492 of Division 5 of Part 2 of Schedule 1 to the Regulations are replaced by the following:
Item

Column 1

Provision

Column 2

Violation Type
489 13.7(1)(a) E
490 13.7(1)(b) E
491 13.7(2)(a) E
492 13.7(2)(b) E
492.1 13.7(2)(c) E
492.2 13.7(2)(d) E
492.3 13.7(3) D
492.4 13.7(3.1) E

22 Item 497 of Division 5 of Part 2 of Schedule 1 to the Regulations is repealed.

23 Items 257 to 259 of Division 6 of Part 2 of Schedule 1 to the Regulations are replaced by the following:
Item

Column 1

Provision

Column 2

Violation Type
257 8.8(1)(a) E
258 8.8(1)(b) E
258.1 8.8(2)(a) E
258.2 8.8(2)(b) E
258.3 8.8(2)(c) E
258.4 8.8(2)(d) E
259 8.8(3) D
259.1 8.8(4) E

Coming into Force

24 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 Labour Program of Employment and Social Development Canada (Labour Program) seeks to promote and sustain stable industrial relations and safe, fair, healthy, equitable and productive workplaces that are federally regulated. Part II (Occupational Health and Safety) of the Canada Labour Code (the Code), and the regulations made under that part, set requirements to protect all persons granted access to the workplace by requiring the use of personal protective equipment (PPE), such as respiratory protective equipment (equipment), in certain circumstances. These requirements, which are set out in several Occupational Health and Safety Regulations (OHS regulations) made under the Code, include requirements to provide equipment certified by the United States National Institute for Occupational Safety and Health (NIOSH) in situations where there is a risk of injury or disease due to exposure to an airborne hazardous substance or oxygen-deficient atmosphere.

The supply chain for equipment certified by NIOSH was not in jeopardy until the COVID-19 pandemic emerged around the world. The risk to the supply chain forced Canada to think more strategically about the certification of equipment and act to better secure the country’s access to such equipment in the case of similar shortage situations in the future. As the COVID-19 pandemic remains unpredictable, there is potential for new variants to emerge and for the demand for certified equipment to increase. Presently there is no shortage of certified equipment. However, in case of similar shortage situations, a new approach to certify products domestically was developed, including the creation of a new Canadian standard (CSA Standard Z94.4.1:21, Performance of filtering respirators [the Standard]) and certification process for equipment by the CSA Group.

By amending the OHS regulations, the Government of Canada will allow employers the choice to provide NIOSH certified equipment or equipment recognized and certified in Canada by the CSA Group, in certain circumstances, with the assurance that the equipment will equally protect the health and safety of persons within all federally regulated workplaces. The use of certified equipment that complies with the Standard at the federal level will be in alignment with actions taken by provinces and territories and could serve as a model in all 14 jurisdictions in Canada.

Background

Previously, there was no domestic manufacturing of NIOSH certified equipment. The COVID-19 pandemic substantially increased the global demand to procure PPE, particularly for certified equipment, which translated to a dramatic decline in the ability to import equipment into Canada due to the lack of international coordination. Facing shortages, several Canadian companies began manufacturing equipment; however, they were unable to obtain NIOSH certification, leaving employers unable to meet the requirements of various OHS regulations.

The Canadian Free Trade Agreement (CFTA) established a regulatory reconciliation process to help address barriers to trade that companies may experience when doing business across provincial and territorial borders. The Regulatory Reconciliation and Cooperation Table (RCT) is a federal-provincial-territorial body established under the CFTA to oversee the regulatory reconciliation process and promote regulatory cooperation across Canada. In 2020, the RCT, under the CFTA, identified the NIOSH certified N95 respirator shortage as an issue requiring cooperation between the federal, provincial, and territorial governments to prevent similar shortage situations in the future.

An assessment was undertaken with Health Canada, National Research Council Canada, the Public Health Agency of Canada and the Standards Council of Canada, which identified the need for a Canadian standard and certification process, equivalent to NIOSH, due to the complexities of international cooperation. In November 2020, the CSA Group began work to develop a new performance standard for the manufacturing of equipment in Canada. CSA refers to the Canadian Standards Association brand that was in use until it was replaced by CSA Group, which is an independent, not-for-profit membership association serving industry, government, consumers and other interested parties in Canada and the global marketplace. The scope of the Standard includes respiratory protection against all particulate hazards, e.g. protection against the hazard of grain dust, and includes requirements to ensure that the equipment certified to meet the Standard provides at least an equivalent level of protection as NIOSH comparable equipment.

While the Standard was being developed, on March 1, 2021, to help combat the immediate equipment shortage, Health Canada issued Interim Order No. 2 Respecting the Importation and Sale of Medical Devices for Use in Relation to COVID-19 (Interim Order No. 2), expediting the approval process of equipment used as a medical device. In June 2021, four federal OHS regulations under the Code were amended on a temporary basis to allow the option to provide a COVID-19 medical device authorized under Interim Order No. 2 for respiratory protection instead of NIOSH certified equipment in federally regulated workplaces, in certain medical situations. These amendments ceased to have effect on February 21, 2022.

The Standard was published in October 2021 in English and in December 2021 in French. The process for certifying equipment as being compliant with the Standard was also published in December 2021. The CSA Group informed manufacturers that the certification process was available, and provided the steps required to submit an application. The notification was conducted in a similar fashion to previous certification processes developed and posted by the CSA Group, and manufacturers are believed to be familiar with the certification process. Upon successfully completing the certification process, equipment will be easily searchable and accessible on the CSA Group Certified Product Listing.

At this time, the four federal OHS regulations require employers to rely solely on NIOSH certified equipment. The amendments allow employers the choice to provide equipment recognized and certified in Canada, namely where there is a risk of injury or disease due to exposure to an airborne hazardous substance and the equipment does not provide air. This new approach supports the Canadian manufacturing of equipment, relieves the dependency on international certification, and fulfills the objective of allowing the use of domestically certified equipment, as identified by the RCT agreement. The Standard and CSA Group certification process provide at least an equivalent level of protection to NIOSH, ensuring the occupational health and safety of persons in federally regulated workplaces, while helping to prevent equipment shortages due to COVID-19 variants or other similar situations in the future.

Objective

The main objective of these amendments is to ensure persons in federally regulated workplaces are provided with the certified equipment needed to maintain a healthy and safe workplace, where there is a risk of injury or disease due to exposure to an airborne hazardous substance. To accomplish this objective, CSA Group certified equipment will be allowed under federal OHS regulations, allowing employers the choice to provide NIOSH or CSA Group certified equipment, in certain circumstances. This will facilitate the recognition of certified Canadian-made equipment under federal OHS regulations. Supplementary objectives that will be accomplished as a result of these amendments include

Description

The Regulations Amending Certain Regulations Made Under the Canada Labour Code (Respiratory Protective Equipment) [the Regulations] amend four federal OHS regulations:

The Regulations amend the respiratory protection provisions in the above regulations to allow CSA Group certified equipment to be provided as an alternative to NIOSH certified equipment in federally regulated workplaces, where there is a risk of injury or disease due to exposure to an airborne hazardous substance and the equipment does not provide air. This will give employers the choice to provide either NIOSH or CSA Group certified equipment when required to do so under the Regulations, while also promoting Canada’s access to such equipment in the case of future shortage situations.

Administrative changes will also be made to the specified federal OHS regulations, such as updating the reference to the CSA Standards in the respiratory protection provisions and ensuring particular terminology is up to date within each regulation (e.g. naming conventions and references to “respiratory protective device” were updated to “respiratory protective equipment”). Additionally, administrative changes were made specifically to the COHSR to ensure the percentage level in an oxygen-deficient atmosphere matches the recent updates to Part XI of the COHSR, which came into force on October 1, 2021.

In addition, consequential amendments to the Administrative Monetary Penalties (Canada Labour Code) Regulations (AMPs Regulations) will be made to reflect the amendments. The AMPs Regulations designate and classify violations of provisions under Part II of the Code and the regulations made under that part. In cases of non-compliance, an administrative monetary penalty (AMP) can be issued. Only designated violations can be subject to an AMP. These consequential amendments will ensure proper enforcement of health and safety provisions under Part IV of the Code.

Regulatory development

Consultation

During consultations for the temporary amendments to the four federal OHS regulations in April 2021, the Labour Program made reference to the Standard as a more permanent solution to the equipment shortage. Stakeholders pertinent to that amendment were suggested at that time to familiarize themselves with a draft version of the Standard, which was published from March 29, 2021, to May 29, 2021, for public comment beyond the Labour Program’s stakeholders. The same stakeholders were also advised that while the certification process for equipment meeting the Standard had not yet been finalized, it was expected to be available in the following months after the Standard was published. No concerns were expressed by those stakeholders. All comments made concerning the Standard or allowing CSA Group certified equipment to be provided into federal OHS regulations were supportive.

Stakeholders included representatives from the following organizations:

In August 2021, the Labour Program distributed an email consultation request to partner departments including Indigenous Services Canada, Natural Resources Canada and Transport Canada regarding the amendment to allow CSA Group certified equipment to be provided. In parallel, an email consultation was sent to the external stakeholders who had been consulted for the temporary amendment, as well as to members represented on the Occupational Health and Safety Advisory Committee. Similar to the previous consultation, stakeholders were advised that a certification process would be developed following the publication of the Standard and again, in principle, everyone agreed to pursue this approach without knowing all of the detailed information regarding the certification process.

The email consultation request also posed three questions to help gauge cost implications. The questions were as follows:

  1. Do you anticipate the proposed flexibility to allow CSA Group certified equipment in place of NIOSH certified equipment would alter your costs related to providing PPE, or do you anticipate costs would be comparable?
  2. If given the choice between NIOSH or CSA Group certified equipment, and assuming they offer at least an equivalent level of protection at identical costs, which type would you prefer to provide to your employees or would you be indifferent?
  3. Several existing regulations contain record-keeping requirements regarding the provision of PPE. Do you expect that the proposed flexibility to allow for the provision of CSA Group certified equipment would affect the time it takes to comply with these record-keeping requirements, or would the time requirements be comparable?

The Labour Program received responses from the following organizations:

Stakeholders expressed that the cost impact of procuring CSA Group certified equipment instead of NIOSH certified equipment would be negligible. When asked their preference between the two types of equipment, with the assumption that the equipment would offer at least an equivalent level of protection at identical costs, many stakeholders were indifferent. However, some stakeholders stated that given the Canadian origin of CSA Group certified equipment, they would prefer to provide that equipment over those certified by NIOSH, when possible. Furthermore, with regards to record-keeping requirements, stakeholders shared that the amendments would have little impact on record-keeping requirements due to the provision’s flexible nature. A few, however, expressed that it may marginally contribute to longer reporting times due to having to record inventory of both NIOSH and CSA Group certified equipment.

Overall, the Regulations are not anticipated to put a heavy cost or administrative burden on employers. Stakeholders demonstrated support for these Regulations, which will ultimately provide greater options for employers and improve the supply chain in case of future events, rather than relying solely on NIOSH certified equipment.

Modern treaty obligations and Indigenous engagement and consultation

Dependent on specific activities within modern treaty areas, the Regulations may be applicable within their territory to all persons granted access to federally regulated workplaces where there is a risk of injury or disease due to airborne hazardous substances.

The Labour Program conducted the assessment of modern treaty implications (AMTI). Indigenous bands and band councils are generally subject to the Code, including those with modern treaties or self-government status.

The Code continues to apply to modern treaty areas, meaning that modern treaty areas cannot create their own legislation. Modern treaty holders would therefore apply the Code to applicable activities in their territory.

Instrument choice

Providing an alternative to NIOSH certified equipment could only be accomplished through amendments to the federal OHS regulations. Therefore, no other instruments were considered.

Regulatory analysis

Benefits and costs

No incremental costs are anticipated for federally regulated employers as a result of the amendments. Under the baseline scenario, federal OHS regulations require employers to provide NIOSH certified equipment to every person granted access to their workplace when necessary. Under the regulatory scenario, employers would have the option to provide NIOSH or CSA Group certified equipment in certain circumstances. Therefore, the Regulations would not introduce any new regulatory requirements, but would expand the means through which employers could comply with provisions in four existing federal OHS regulations.

As employers will have the option to continue to provide NIOSH certified equipment or to switch to CSA Group certified equipment in certain circumstances, it is assumed that compliance costs for employers under the regulatory scenario would not exceed those under the baseline scenario. If employers aim to minimize their operational costs, they will simply choose the product that complies with their regulatory requirements at the lowest unit price. The costs for CSA Group certified equipment compared to NIOSH certified equipment are unknown at this time given the absence of available equipment at the time of analysis. However, there are only three possibilities with respect to the relative prices, which are outlined in Table 1.

Table 1: Relative price scenarios for CSA Group certified equipment relative to NIOSH certified equipment
Scenario Unit cost Employer choice Regulatory impact
1 NIOSH < CSA Group NIOSH No impact
2 NIOSH = CSA Group Either No impact
3 NIOSH > CSA Group CSA Group Cost saving to employers

If the equipment that complies with the Standard is more expensive than NIOSH certified equipment, then it is assumed that employers would continue to provide the same products that they are already providing in the baseline scenario, yielding no incremental costs because of the Regulations. If the prices of the two types of equipment are equal, then employers would be indifferent in their choice and there would still be no incremental impact. However, if the CSA Group certified equipment is less expensive, then employers would benefit from cost savings in the regulatory scenario.

Persons granted access to federally regulated workplaces where there is a risk of injury or disease due to exposure to an airborne hazardous substance are expected to be provided with comparable equipment under both the baseline and regulatory scenarios. As required under the Regulations, CSA Group certified equipment will be safe and effective, and respect quality standards comparable to NIOSH in providing respiratory protection. The equipment will be manufactured to meet similar criteria as those certified through NIOSH. Since equipment certified by the CSA Group will offer at least an equivalent level of protection as equipment certified by NIOSH, the proposal will not result in any incremental health impacts (costs or benefits) to employees.

Small business lens

Analysis under the small business lens concluded that the Regulations will impact small businesses. In the regulatory scenario, all federally regulated employers, including small businesses, will have the choice between providing NIOSH or CSA Group certified equipment in certain circumstances. This may increase access to approved equipment, thereby making it easier for small businesses to comply with their existing regulatory requirements. There is also a potential decrease in regulatory compliance costs for small businesses if CSA Group certified equipment are less expensive than NIOSH certified equipment.

One-for-one rule

The one-for-one rule does not apply to the Regulations, as there is no incremental change in administrative burden on business and no regulatory titles are repealed or introduced.

Regulatory cooperation and alignment

The Regulations will support regulatory cooperation and alignment. The CFTA established a regulatory reconciliation process, overseen through the RCT, to help address barriers to trade that companies may experience when doing business across provincial and territorial borders. An objective of the RCT is to promote regulatory cooperation across Canada and in regard to certified equipment. The use of certified equipment that complies with the Standard at the federal level will be in alignment with actions taken by provinces and territories and could serve as a model in all 14 jurisdictions in Canada.

Strategic environmental assessment

In accordance with the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, a preliminary scan concluded that a strategic environmental assessment is not required, as there are no broader environmental impacts.

Gender-based analysis plus

In accordance with the guidance on conducting a gender-based analysis plus (GBA+), a preliminary assessment concluded that no groups would be disproportionately impacted based on factors such as gender identity, sex, age, language, education, geography, culture, ethnicity, income, ability, or sexual orientation as a result of the regulatory amendments.

Implementation, compliance and enforcement, and service standards

Implementation

The Regulations will come into force on the day on which they are registered.

Compliance and enforcement

Compliance with the federal OHS regulations will be achieved using a variety of existing approaches along a compliance continuum. This may include educating and counselling employers on their obligations, seeking an assurance of voluntary compliance from the employer, or issuing a compliance order to cease the contravention and take steps to prevent its reoccurrence. Consequential amendments to the AMPs Regulations are needed to align with amendments to the federal OHS regulations. These amendments will ensure proper enforcement of health and safety provisions under the new administrative monetary penalties system made under Part IV of the Code.

Contact

Duncan Shaw
Senior Director
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
Email: EDSC.LAB.SST.POLITIQUES-LAB.OHS.POLICY.ESDC@hrsdc-rhdcc.gc.ca