Who does the Canada Labour Code Part II Pertain to?
The Canada Labour Code Part II has jurisdiction over occupational health & safety in the following inter-provincial and international industries:

  • Aerodrome, aircraft or a line of air transportation;
  • Airports;
  • Banks;
  • Canals;
  • Ferries, tunnels and bridges;
  • Grain elevators licensed by the Canadian Grain Commission and certain feed mills and feed warehouses, flour mills and grain seed cleaning plants;
  • Highway transport;
  • Pipelines;
  • Radio and television broadcasting and cable systems;
  • Railways;
  • Shipping and shipping services; and
  • Telephone and telegraph systems.

In addition, the occupational health and safety provisions of the Code cover:

  • Federal public service;
  • About 40 Crown corporations and agencies;
  • Employment in the operation of ships, trains and aircraft; and
  • The exploration and development of petroleum on lands subject to federal jurisdiction.

NOTE: CLC 123.1 states that the Canada Labour Code Part II does not apply to certain undertakings regulated by the Atomic Energy Control Act.

Reading the Code
Identifying Information

Sections / designated by a bold face number, aligned against the far left of the page.
Subsections / designated by the numbers within parenthesis.
Paragraphs / designated by letters within parenthesis.

AND versus OR
AND implies that all directions and actions must be taken. OR implies that only one direction or action applies.
Practical, Practicable and Reasonable
Practical means simply that something is of use.
Practicable means possible, given current knowledge, technology and invention.
Reasonable means possible unless the person on whom the duty is placed can show that there is gross disproportion between the benefit and the cost.
In common law, both practicable and reasonable refer to cost. A change may be practicable (possible), but at what cost? If the changes are not reasonable or practical and are going to be excessively costly, these definitions may provide grounds against a minimum standard by an employer.

Definitions

Case Law / Law based on the judicial decision and precedent rather than on statutes.
Minister / This refers to the minister of Labour.
Appeals Officer / A qualified individual designated by the Minister to perform the duties of such an officer. The appeals officer will have all the powers, duties and immunity of a health and safety officer.
Board / Board means the Canada Industrial Relations Board.
Danger / Any current or potential hazard, condition or activity that could reasonably be expected to cause illness or injury to a person exposed to it. This includes exposure to any hazardous substance that is likely to result in chronic illness, disease or damage to the reproductive system.
Employee / An individual employed by an employer.
Employer / An individual or organization who employs one or more employees or a person acting on behalf of an employer.
Hazardous Substance / Any controlled product, chemical, biological or physical agent that possesses a property making it hazardous to the safety or health of a person exposed to it.
Health and safety officer / A qualified individual, designated by the Minister to perform the duties of such an officer.
Health and safety representative / An employer controlling a workplace with 19 or less employees must appoint an employee to address health and safety matters that apply to the individual workplace.
Policy Committee / Employers who directly employ 300 or more employees must establish a policy committee to address health and safety matters. Employers with 20-300 employees may choose to do so.
Prescribe / Determine in accordance with the rules prescribed by regulation of the Governor in Council.
Regional health and safety officer / A qualified individual appointed by the Minister to perform the duties of such an officer.
Safety / Protection from danger and hazards arising from, associated with or occurring in the course of employment.
Worplace / Any place where an employee is engaged in work for their employer.
Workplace Committee / An employer controlling a work place with 20 or more employees, must establish a work place committee to address health and safety matters that apply to the individual work place.

General Application of the Code
Preventative Measures
Those steps taken to ensure the health and safety of employees:

  • Whenever possible, hazards should be eliminated.
  • Where this is not possible, hazards should be reduced to the lowest possible level.
  • When these steps have been taken and hazards still exist, personal protective equipment, clothing, devices and materials must be provided.

Methods of Communication
Any information or instruction that is required must be given by any method that readily permits the employee to receive it. Where a special need exists, the employer must accommodate that need through the use of alternative communication methods, including Braille, large print, audiotape, computer disk, sign language and verbal communication.
An employee is seen to have a special need if the employee is affected by a condition that impairs their ability to receive information or instuction by a commonly used method.