PART II — Occupational Health and Safety

Regulations

157Regulations history

(1)

Subject to this section, the Governor in Council may make regulations

(a)

prescribing anything that by this Part is to be prescribed;

(a.01)

defining the expressions “harassment” and “violence” for the purposes of this Part;

(a.1)

restricting or prohibiting any activity or thing that any provision of this Part contemplates being the subject of regulations;

(a.2)

prescribing the method for calculating and determining the regular rate of wages for the purpose of section 146.5; and

(b)

respecting such other matters or things as are necessary to carry out the provisions of this Part.

Idem

(1.1)

Where the Governor in Council is of the opinion that a regulation cannot appropriately be made by prescribing a standard or other thing that by a paragraph of sections 125 to 126 is to be prescribed, the Governor in Council may make regulations in relation to the safety and health matters referred to in that paragraph in such manner as the Governor in Council considers appropriate in the circumstances, whether or not the opinion of the Governor in Council is indicated at the time the regulations are made.

(2) and (2.1)

[Repealed, 1993, c. 42, s. 11]

Ministerial recommendations

(3)

Regulations of the Governor in Council under subsection (1) or (1.1) in respect of occupational safety and health of employees employed

(a)

on ships, trains or aircraft, while in operation, shall be made on the recommendation of the Minister and the Minister of Transport; or

(b)

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, shall be made on the recommendation of

(i)

the Minister and the Minister of Indigenous Services, and

(ii)

the Minister of Natural Resources, taking into consideration any recommendations made by the Canadian Energy Regulator in relation to the regulations.

Regulations general or specific

(4)

Regulations made under this section may be made applicable to all employment to which this Part applies, to one or more classes of employment to which this Part applies or to such employment in one or more work places.

Incorporation of standards

(5)

Regulations made under this section incorporating a standard by reference may incorporate the standard as enacted or adopted at a certain date, as amended to a certain date or as amended from time to time.

Compliance with standards

(6)

Regulations made under this section that prescribe or incorporate a standard but that require the standard to be complied with only to the extent that compliance is practicable or reasonably practicable in circumstances governed by the standard may require the employer to report to the Head the reason that full compliance is not practicable or reasonably practicable in particular circumstances.

R.S., 1985, c. L-2, s. 157; R.S., 1985, c. 9 (1st Supp.), s. 4, c. 26 (4th Supp.), s. 5; 1992, c. 1, s. 93; 1993, c. 42, s. 11; 1994, c. 10, s. 29, c. 41, s. 37; 2000, c. 20, s. 20; 2013, c. 40, s. 198; 2017, c. 20, s. 352; 2018, c. 22, s. 14; 2018, c. 27, s. 568; 2019, c. 28, s. 115; 2019, c. 29, s. 375

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158Provincial Crown corporations history

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 business set out in the regulation that is, or is part of, a corporation that is an agent of Her Majesty in right of a province, including a corporation whose activities are regulated, in whole or in part, under the Nuclear Safety and Control Act.

R.S., 1985, c. L-2, s. 158; R.S., 1985, c. 9 (1st Supp.), s. 4; 1996, c. 12, s. 3; 1997, c. 9, s. 125; 2000, c. 20, ss. 21, 30

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159Exclusion from application history

(1)

The Governor in Council may by regulation exclude, in whole or in part, from the application of any of the provisions of this Part any employment, or any class or classes of employment, on or in connection with a work or undertaking set out in the regulation whose activities are regulated, in whole or in part, pursuant to the Nuclear Safety and Control Act.

Regulations

(2)

On the recommendation of the Minister after consultation with the Canadian Nuclear Safety Commission, the Governor in Council may make regulations relating to occupational safety and health in relation to employment that is subject to a regulation made pursuant to subsection (1).

R.S., 1985, c. L-2, s. 159; R.S., 1985, c. 9 (1st Supp.), s. 4; 1996, c. 12, s. 3; 1997, c. 9, s. 125

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160Application of certain provisions history

Subsections 121.2(3) to (8) apply, with such modifications as the circumstances require, in respect of a regulation made pursuant to subsection 159(2) except that the references to “subsection (2)” in subsections 121.2(3) to (6) shall be read as references to subsection 159(2).

R.S., 1985, c. L-2, s. 160; R.S., 1985, c. 9 (1st Supp.), s. 4; 1996, c. 12, s. 3

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161Pilot projects history

Despite anything in this Part, the Governor in Council may make any regulations that the Governor in Council considers necessary respecting the establishment and operation of one or more pilot projects for testing which possible amendments to this Part or the regulations made under this Part would improve the prevention of accidents, injuries and illnesses arising out of, linked with or occurring in the course of employment to which this Part applies, including regulations respecting the manner in which and the extent to which any provision of this Part or the regulations made under this Part applies to a pilot project, and adapting any such provision for the purposes of that application.

R.S., 1985, c. L-2, s. 161; R.S., 1985, c. 9 (1st Supp.), s. 4; 2018, c. 22, s. 15

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162Repeal of regulations history

Unless they are repealed earlier, regulations made under section 161 are repealed on the fifth anniversary of the day on which they come into force.

R.S., 1985, c. L-2, s. 162; R.S., 1985, c. 9 (1st Supp.), s. 4; 2018, c. 22, s. 15