Acts and Regulations

O-0.2 - Occupational Health and Safety Act

Section 1
Disposition versions

Full text
Definitions
1In this Act
“Appeals Tribunal” means the Workers’ Compensation Appeals Tribunal established under the Workplace Health, Safety and Compensation Commission and Workers’ Compensation Appeals Tribunal Act;(Tribunal d’appel)
“Chief Compliance Officer” means the Chief Compliance Officer designated under section 5;(agent principal de contrôle)
“Commission” means the Workplace Health, Safety and Compensation Commission established under the Workplace Health, Safety and Compensation Commission and Workers’ Compensation Appeals Tribunal Act;(Commission)
“committee” means a joint health and safety committee established in accordance with this Act;(comité)
“construction” includes building, erection, alteration, repair, dismantling, demolition, structural maintenance, painting, moving, land clearing, earth moving, grading, excavating, street and highway building, concreting, equipment installation and alteration and the structural installation of construction components and materials in any form or for any purpose, and any work in connection therewith;(travaux de construction)
“contracting employer” means a person who through a contract, agreement or ownership, directs the activities of one or more employers;(employeur contractant)
“contractor” means(entrepreneur)
(a) a person who by contract undertakes all the work at a project site,
(b) an owner who undertakes all or part of the work at a project site, or
(c) an owner who by contract engages more than one person to undertake all or part of the work at a project site;
“discriminatory action” means any action by an employer or union that adversely affects an employee with respect to any terms or conditions of employment, opportunity for promotion or membership in a union, and includes the action of dismissal, layoff, suspension, demotion, transfer of job location, reduction in wages, change in hours of work or reprimand;(mesure discriminatoire)
“employee” means (salarié)
(a) a person employed at or in a place of employment, or
(b) a person at or in a place of employment for any purpose in connection therewith;
“employer” means a person who employs one or more employees or the person’s agent;(employeur)
“health and safety representative” means a health and safety representative elected under section 17 or designated under section 17.1;(délégué à l’hygiène et à la sécurité)
“medical examination” means a medical examination satisfactory to the Commission;(examen médical)
“mine” means any work or undertaking for the purpose of opening up, proving, removing or extracting any metallic or non-metallic mineral or mineral bearing substance, rock, earth, clay, sand or gravel;(mine)
“Minister” means the Minister of Post-Secondary Education, Training and Labour;(Ministre)
“occupational disease” means any disease or illness or departure from normal health arising out of employment, and includes an industrial disease as defined by the Workers’ Compensation Act;(maladie professionnelle)
“officer” means an occupational health and safety officer appointed under section 5;(agent)
“owner” includes a trustee, receiver, mortgagee in possession or a tenant or a person for whose direct benefit on completion work is being done, but does not include a landlord who, under the terms of the lease, has transferred all responsibility for risks in relation to a place of employment;(propriétaire)
“peace officer” Repealed: 1990, c.22, s.36
“place of employment” means any building, structure, premises, water or land where work is carried on by one or more employees, and includes a project site, a mine, a ferry, a train and any vehicle used or likely to be used by an employee;(lieu de travail)
“project site” means any building, structure, premises, water or land where construction is carried on;(chantier)
“protective equipment” means any piece of equipment or clothing designed to be used to protect the health or safety of an employee;(équipement de protection)
“sub-contractor” means a person who by contract undertakes part of the work at a project site;(sous-traitant)
“supervisor” means a person who is authorized by an employer to supervise or direct the work of the employer’s employees;(superviseur)
“supplier” means any person who manufactures, supplies, sells, leases, distributes or installs any tool, equipment, machine, device or any biological, chemical or physical agent to be used by an employee;(fournisseur)
“union” means(syndicat)
(a) a trade union as defined under the Industrial Relations Act,
(b) any organization other than a trade union referred to in paragraph (a) representing employees to whom this Act applies formed for purposes that include the regulation of relations between employers and employees that has a written constitution, rules or by-laws setting forth its objects and purposes and defining the conditions under which persons may be admitted as members thereof and continued in such membership.
1989, c.28, s.1; 1990, c.22, s.36; 1994, c.70, s.5; 1998, c.41, s.92; 2000, c.26, s.232; 2001, c.35, s.1; 2006, c.16, s.127; 2007, c.10, s.71; 2007, c.12, s.1; 2014, c.49, s.34; 2017, c.63, s.43; 2019, c.2, s.103; 2019, c.38, s.1
Definitions
1In this Act
“Appeals Tribunal” means the Workers’ Compensation Appeals Tribunal established under the Workplace Health, Safety and Compensation Commission and Workers’ Compensation Appeals Tribunal Act;(Tribunal d’appel)
“Chief Compliance Officer” means the Chief Compliance Officer designated under section 5;(agent principal de contrôle)
“Commission” means the Workplace Health, Safety and Compensation Commission established under the Workplace Health, Safety and Compensation Commission and Workers’ Compensation Appeals Tribunal Act;(Commission)
“committee” means a joint health and safety committee established in accordance with this Act;(comité)
“construction” includes building, erection, alteration, repair, dismantling, demolition, structural maintenance, painting, moving, land clearing, earth moving, grading, excavating, street and highway building, concreting, equipment installation and alteration and the structural installation of construction components and materials in any form or for any purpose, and any work in connection therewith;(travaux de construction)
“contracting employer” means a person who through a contract, agreement or ownership, directs the activities of one or more employers as defined in paragraph (a) of the definition “employer”;(employeur contractant)
“contractor” means(entrepreneur)
(a) a person who by contract undertakes all the work at a project site,
(b) an owner who undertakes all or part of the work at a project site, or
(c) an owner who by contract engages more than one person to undertake all or part of the work at a project site;
“discriminatory action” means any action by an employer or union that adversely affects an employee with respect to any terms or conditions of employment, opportunity for promotion or membership in a union, and includes the action of dismissal, layoff, suspension, demotion, transfer of job location, reduction in wages, change in hours of work or reprimand;(mesure discriminatoire)
“employee” means (salarié)
(a) a person employed at or in a place of employment, or
(b) a person at or in a place of employment for any purpose in connection therewith;
“employer” means(employeur)
(a) a person who employs one or more employees,
(b) a manager, superintendent, supervisor, overseer or any person having authority over an employee, or
(c) an agent of any person referred to in paragraph (a) or (b);
“health and safety representative” means a health and safety representative elected under section 17 or designated under section 17.1;(délégué à l’hygiène et à la sécurité)
“medical examination” means a medical examination satisfactory to the Commission;(examen médical)
“mine” means any work or undertaking for the purpose of opening up, proving, removing or extracting any metallic or non-metallic mineral or mineral bearing substance, rock, earth, clay, sand or gravel;(mine)
“Minister” means the Minister of Post-Secondary Education, Training and Labour;(Ministre)
“occupational disease” means any disease or illness or departure from normal health arising out of employment, and includes an industrial disease as defined by the Workers’ Compensation Act;(maladie professionnelle)
“officer” means an occupational health and safety officer appointed under section 5;(agent)
“owner” includes a trustee, receiver, mortgagee in possession or a tenant or a person for whose direct benefit on completion work is being done, but does not include a landlord who, under the terms of the lease, has transferred all responsibility for risks in relation to a place of employment;(propriétaire)
“peace officer” Repealed: 1990, c.22, s.36
“place of employment” means any building, structure, premises, water or land where work is carried on by one or more employees, and includes a project site, a mine, a ferry, a train and any vehicle used or likely to be used by an employee;(lieu de travail)
“project site” means any building, structure, premises, water or land where construction is carried on;(chantier)
“protective equipment” means any piece of equipment or clothing designed to be used to protect the health or safety of an employee;(équipement de protection)
“sub-contractor” means a person who by contract undertakes part of the work at a project site;(sous-traitant)
“supplier” means any person who manufactures, supplies, sells, leases, distributes or installs any tool, equipment, machine, device or any biological, chemical or physical agent to be used by an employee;(fournisseur)
“union” means(syndicat)
(a) a trade union as defined under the Industrial Relations Act,
(b) any organization other than a trade union referred to in paragraph (a) representing employees to whom this Act applies formed for purposes that include the regulation of relations between employers and employees that has a written constitution, rules or by-laws setting forth its objects and purposes and defining the conditions under which persons may be admitted as members thereof and continued in such membership.
1989, c.28, s.1; 1990, c.22, s.36; 1994, c.70, s.5; 1998, c.41, s.92; 2000, c.26, s.232; 2001, c.35, s.1; 2006, c.16, s.127; 2007, c.10, s.71; 2007, c.12, s.1; 2014, c.49, s.34; 2017, c.63, s.43; 2019, c.2, s.103
Definitions
1In this Act
“Appeals Tribunal” means the Workers’ Compensation Appeals Tribunal established under the Workplace Health, Safety and Compensation Commission and Workers’ Compensation Appeals Tribunal Act;(Tribunal d’appel)
“Chief Compliance Officer” means the Chief Compliance Officer designated under section 5;(agent principal de contrôle)
“Commission” means the Workplace Health, Safety and Compensation Commission established under the Workplace Health, Safety and Compensation Commission and Workers’ Compensation Appeals Tribunal Act;(Commission)
“committee” means a joint health and safety committee established in accordance with this Act;(comité)
“construction” includes building, erection, alteration, repair, dismantling, demolition, structural maintenance, painting, moving, land clearing, earth moving, grading, excavating, street and highway building, concreting, equipment installation and alteration and the structural installation of construction components and materials in any form or for any purpose, and any work in connection therewith;(travaux de construction)
“contracting employer” means a person who through a contract, agreement or ownership, directs the activities of one or more employers as defined in paragraph (a) of the definition “employer”;(employeur contractant)
“contractor” means(entrepreneur)
(a) a person who by contract undertakes all the work at a project site,
(b) an owner who undertakes all or part of the work at a project site, or
(c) an owner who by contract engages more than one person to undertake all or part of the work at a project site;
“discriminatory action” means any action by an employer or union that adversely affects an employee with respect to any terms or conditions of employment, opportunity for promotion or membership in a union, and includes the action of dismissal, layoff, suspension, demotion, transfer of job location, reduction in wages, change in hours of work or reprimand;(mesure discriminatoire)
“employee” means (salarié)
(a) a person employed at or in a place of employment, or
(b) a person at or in a place of employment for any purpose in connection therewith;
“employer” means(employeur)
(a) a person who employs one or more employees,
(b) a manager, superintendent, supervisor, overseer or any person having authority over an employee, or
(c) an agent of any person referred to in paragraph (a) or (b);
“health and safety representative” means a health and safety representative elected under section 17 or designated under section 17.1;(délégué à l’hygiène et à la sécurité)
“medical examination” means a medical examination satisfactory to the Commission;(examen médical)
“mine” means any work or undertaking for the purpose of opening up, proving, removing or extracting any metallic or non-metallic mineral or mineral bearing substance, rock, earth, clay, sand or gravel;(mine)
“Minister” means the Minister of Post-Secondary Education;(Ministre)
“occupational disease” means any disease or illness or departure from normal health arising out of employment, and includes an industrial disease as defined by the Workers’ Compensation Act;(maladie professionnelle)
“officer” means an occupational health and safety officer appointed under section 5;(agent)
“owner” includes a trustee, receiver, mortgagee in possession or a tenant or a person for whose direct benefit on completion work is being done, but does not include a landlord who, under the terms of the lease, has transferred all responsibility for risks in relation to a place of employment;(propriétaire)
“peace officer” Repealed: 1990, c.22, s.36
“place of employment” means any building, structure, premises, water or land where work is carried on by one or more employees, and includes a project site, a mine, a ferry, a train and any vehicle used or likely to be used by an employee;(lieu de travail)
“project site” means any building, structure, premises, water or land where construction is carried on;(chantier)
“protective equipment” means any piece of equipment or clothing designed to be used to protect the health or safety of an employee;(équipement de protection)
“sub-contractor” means a person who by contract undertakes part of the work at a project site;(sous-traitant)
“supplier” means any person who manufactures, supplies, sells, leases, distributes or installs any tool, equipment, machine, device or any biological, chemical or physical agent to be used by an employee;(fournisseur)
“union” means(syndicat)
(a) a trade union as defined under the Industrial Relations Act,
(b) any organization other than a trade union referred to in paragraph (a) representing employees to whom this Act applies formed for purposes that include the regulation of relations between employers and employees that has a written constitution, rules or by-laws setting forth its objects and purposes and defining the conditions under which persons may be admitted as members thereof and continued in such membership.
1989, c.28, s.1; 1990, c.22, s.36; 1994, c.70, s.5; 1998, c.41, s.92; 2000, c.26, s.232; 2001, c.35, s.1; 2006, c.16, s.127; 2007, c.10, s.71; 2007, c.12, s.1; 2014, c.49, s.34; 2017, c.63, s.43
Definitions
1In this Act
“Appeals Tribunal” means the Workers’ Compensation Appeals Tribunal established under the Workplace Health, Safety and Compensation Commission and Workers’ Compensation Appeals Tribunal Act;(Tribunal d’appel)
“Chief Compliance Officer” means the Chief Compliance Officer designated under section 5;(agent principal de contrôle)
“Commission” means the Workplace Health, Safety and Compensation Commission established under the Workplace Health, Safety and Compensation Commission and Workers’ Compensation Appeals Tribunal Act;(Commission)
“committee” means a joint health and safety committee established in accordance with this Act;(comité)
“construction” includes building, erection, alteration, repair, dismantling, demolition, structural maintenance, painting, moving, land clearing, earth moving, grading, excavating, street and highway building, concreting, equipment installation and alteration and the structural installation of construction components and materials in any form or for any purpose, and any work in connection therewith;(travaux de construction)
“contracting employer” means a person who through a contract, agreement or ownership, directs the activities of one or more employers as defined in paragraph (a) of the definition “employer”;(employeur contractant)
“contractor” means(entrepreneur)
(a) a person who by contract undertakes all the work at a project site,
(b) an owner who undertakes all or part of the work at a project site, or
(c) an owner who by contract engages more than one person to undertake all or part of the work at a project site;
“discriminatory action” means any action by an employer or union that adversely affects an employee with respect to any terms or conditions of employment, opportunity for promotion or membership in a union, and includes the action of dismissal, layoff, suspension, demotion, transfer of job location, reduction in wages, change in hours of work or reprimand;(mesure discriminatoire)
“employee” means (salarié)
(a) a person employed at or in a place of employment, or
(b) a person at or in a place of employment for any purpose in connection therewith;
“employer” means(employeur)
(a) a person who employs one or more employees,
(b) a manager, superintendent, supervisor, overseer or any person having authority over an employee, or
(c) an agent of any person referred to in paragraph (a) or (b);
“health and safety representative” means a health and safety representative elected under section 17 or designated under section 17.1;(délégué à l’hygiène et à la sécurité)
“medical examination” means a medical examination satisfactory to the Commission;(examen médical)
“mine” means any work or undertaking for the purpose of opening up, proving, removing or extracting any metallic or non-metallic mineral or mineral bearing substance, rock, earth, clay, sand or gravel;(mine)
“Minister” means the Minister of Post-Secondary Education, Training and Labour;(Ministre)
“occupational disease” means any disease or illness or departure from normal health arising out of employment, and includes an industrial disease as defined by the Workers’ Compensation Act;(maladie professionnelle)
“officer” means an occupational health and safety officer appointed under section 5;(agent)
“owner” includes a trustee, receiver, mortgagee in possession or a tenant or a person for whose direct benefit on completion work is being done, but does not include a landlord who, under the terms of the lease, has transferred all responsibility for risks in relation to a place of employment;(propriétaire)
“peace officer” Repealed: 1990, c.22, s.36
“place of employment” means any building, structure, premises, water or land where work is carried on by one or more employees, and includes a project site, a mine, a ferry, a train and any vehicle used or likely to be used by an employee;(lieu de travail)
“project site” means any building, structure, premises, water or land where construction is carried on;(chantier)
“protective equipment” means any piece of equipment or clothing designed to be used to protect the health or safety of an employee;(équipement de protection)
“sub-contractor” means a person who by contract undertakes part of the work at a project site;(sous-traitant)
“supplier” means any person who manufactures, supplies, sells, leases, distributes or installs any tool, equipment, machine, device or any biological, chemical or physical agent to be used by an employee;(fournisseur)
“union” means(syndicat)
(a) a trade union as defined under the Industrial Relations Act,
(b) any organization other than a trade union referred to in paragraph (a) representing employees to whom this Act applies formed for purposes that include the regulation of relations between employers and employees that has a written constitution, rules or by-laws setting forth its objects and purposes and defining the conditions under which persons may be admitted as members thereof and continued in such membership.
1989, c.28, s.1; 1990, c.22, s.36; 1994, c.70, s.5; 1998, c.41, s.92; 2000, c.26, s.232; 2001, c.35, s.1; 2006, c.16, s.127; 2007, c.10, s.71; 2007, c.12, s.1; 2014, c.49, s.34
Definitions
1In this Act
“Appeals Tribunal” means the Appeals Tribunal established under the Workplace Health, Safety and Compensation Commission Act;(Tribunal d’appel)
“Chief Compliance Officer” means the Chief Compliance Officer designated under section 5;(agent principal de contrôle)
“Commission” means the Workplace Health, Safety and Compensation Commission established under the Workplace Health, Safety and Compensation Commission Act;(Commission)
“committee” means a joint health and safety committee established in accordance with this Act;(comité)
“construction” includes building, erection, alteration, repair, dismantling, demolition, structural maintenance, painting, moving, land clearing, earth moving, grading, excavating, street and highway building, concreting, equipment installation and alteration and the structural installation of construction components and materials in any form or for any purpose, and any work in connection therewith;(travaux de construction)
“contracting employer” means a person who through a contract, agreement or ownership, directs the activities of one or more employers as defined in paragraph (a) of the definition “employer”;(employeur contractant)
“contractor” means(entrepreneur)
(a) a person who by contract undertakes all the work at a project site,
(b) an owner who undertakes all or part of the work at a project site, or
(c) an owner who by contract engages more than one person to undertake all or part of the work at a project site;
“discriminatory action” means any action by an employer or union that adversely affects an employee with respect to any terms or conditions of employment, opportunity for promotion or membership in a union, and includes the action of dismissal, layoff, suspension, demotion, transfer of job location, reduction in wages, change in hours of work or reprimand;(mesure discriminatoire)
“employee” means (salarié)
(a) a person employed at or in a place of employment, or
(b) a person at or in a place of employment for any purpose in connection therewith;
“employer” means(employeur)
(a) a person who employs one or more employees,
(b) a manager, superintendent, supervisor, overseer or any person having authority over an employee, or
(c) an agent of any person referred to in paragraph (a) or (b);
“health and safety representative” means a health and safety representative elected under section 17 or designated under section 17.1;(délégué à l’hygiène et à la sécurité)
“medical examination” means a medical examination satisfactory to the Commission;(examen médical)
“mine” means any work or undertaking for the purpose of opening up, proving, removing or extracting any metallic or non-metallic mineral or mineral bearing substance, rock, earth, clay, sand or gravel;(mine)
“Minister” means the Minister of Post-Secondary Education, Training and Labour;(Ministre)
“occupational disease” means any disease or illness or departure from normal health arising out of employment, and includes an industrial disease as defined by the Workers’ Compensation Act;(maladie professionnelle)
“officer” means an occupational health and safety officer appointed under section 5;(agent)
“owner” includes a trustee, receiver, mortgagee in possession or a tenant or a person for whose direct benefit on completion work is being done, but does not include a landlord who, under the terms of the lease, has transferred all responsibility for risks in relation to a place of employment;(propriétaire)
“peace officer” Repealed: 1990, c.22, s.36
“place of employment” means any building, structure, premises, water or land where work is carried on by one or more employees, and includes a project site, a mine, a ferry, a train and any vehicle used or likely to be used by an employee;(lieu de travail)
“project site” means any building, structure, premises, water or land where construction is carried on;(chantier)
“protective equipment” means any piece of equipment or clothing designed to be used to protect the health or safety of an employee;(équipement de protection)
“sub-contractor” means a person who by contract undertakes part of the work at a project site;(sous-traitant)
“supplier” means any person who manufactures, supplies, sells, leases, distributes or installs any tool, equipment, machine, device or any biological, chemical or physical agent to be used by an employee;(fournisseur)
“union” means(syndicat)
(a) a trade union as defined under the Industrial Relations Act,
(b) any organization other than a trade union referred to in paragraph (a) representing employees to whom this Act applies formed for purposes that include the regulation of relations between employers and employees that has a written constitution, rules or by-laws setting forth its objects and purposes and defining the conditions under which persons may be admitted as members thereof and continued in such membership.
1989, c.28, s.1; 1990, c.22, s.36; 1994, c.70, s.5; 1998, c.41, s.92; 2000, c.26, s.232; 2001, c.35, s.1; 2006, c.16, s.127; 2007, c.10, s.71; 2007, c.12, s.1
Definitions
1In this Act
“Appeals Tribunal” means the Appeals Tribunal established under the Workplace Health, Safety and Compensation Commission Act;(Tribunal d’appel)
“Chief Compliance Officer” means the Chief Compliance Officer designated under section 5;(agent principal de contrôle)
“Commission” means the Workplace Health, Safety and Compensation Commission established under the Workplace Health, Safety and Compensation Commission Act;(Commission)
“committee” means a joint health and safety committee established in accordance with this Act;(comité)
“construction” includes building, erection, alteration, repair, dismantling, demolition, structural maintenance, painting, moving, land clearing, earth moving, grading, excavating, street and highway building, concreting, equipment installation and alteration and the structural installation of construction components and materials in any form or for any purpose, and any work in connection therewith;(travaux de construction)
“contracting employer” means a person who through a contract, agreement or ownership, directs the activities of one or more employers as defined in paragraph (a) of the definition “employer”;(employeur contractant)
“contractor” means(entrepreneur)
(a) a person who by contract undertakes all the work at a project site,
(b) an owner who undertakes all or part of the work at a project site, or
(c) an owner who by contract engages more than one person to undertake all or part of the work at a project site;
“discriminatory action” means any action by an employer or union that adversely affects an employee with respect to any terms or conditions of employment, opportunity for promotion or membership in a union, and includes the action of dismissal, layoff, suspension, demotion, transfer of job location, reduction in wages, change in hours of work or reprimand;(mesure discriminatoire)
“employee” means (salarié)
(a) a person employed at or in a place of employment, or
(b) a person at or in a place of employment for any purpose in connection therewith;
“employer” means(employeur)
(a) a person who employs one or more employees,
(b) a manager, superintendent, supervisor, overseer or any person having authority over an employee, or
(c) an agent of any person referred to in paragraph (a) or (b);
“health and safety representative” means a health and safety representative elected under section 17 or designated under section 17.1;(délégué à l’hygiène et à la sécurité)
“medical examination” means a medical examination satisfactory to the Commission;(examen médical)
“mine” means any work or undertaking for the purpose of opening up, proving, removing or extracting any metallic or non-metallic mineral or mineral bearing substance, rock, earth, clay, sand or gravel;(mine)
“Minister” means the Minister of Post-Secondary Education, Training and Labour;(Ministre)
“occupational disease” means any disease or illness or departure from normal health arising out of employment, and includes an industrial disease as defined by the Workers’ Compensation Act;(maladie professionnelle)
“officer” means an occupational health and safety officer appointed under section 5;(agent)
“owner” includes a trustee, receiver, mortgagee in possession or a tenant or a person for whose direct benefit on completion work is being done, but does not include a landlord who, under the terms of the lease, has transferred all responsibility for risks in relation to a place of employment;(propriétaire)
“peace officer” Repealed: 1990, c.22, s.36
“place of employment” means any building, structure, premises, water or land where work is carried on by one or more employees, and includes a project site, a mine, a ferry, a train and any vehicle used or likely to be used by an employee;(lieu de travail)
“project site” means any building, structure, premises, water or land where construction is carried on;(chantier)
“protective equipment” means any piece of equipment or clothing designed to be used to protect the health or safety of an employee;(équipement de protection)
“sub-contractor” means a person who by contract undertakes part of the work at a project site;(sous-traitant)
“supplier” means any person who manufactures, supplies, sells, leases, distributes or installs any tool, equipment, machine, device or any biological, chemical or physical agent to be used by an employee;(fournisseur)
“union” means(syndicat)
(a) a trade union as defined under the Industrial Relations Act,
(b) any organization other than a trade union referred to in paragraph (a) representing employees to whom this Act applies formed for purposes that include the regulation of relations between employers and employees that has a written constitution, rules or by-laws setting forth its objects and purposes and defining the conditions under which persons may be admitted as members thereof and continued in such membership.
1989, c.28, s.1; 1990, c.22, s.36; 1994, c.70, s.5; 1998, c.41, s.92; 2000, c.26, s.232; 2001, c.35, s.1; 2006, c.16, s.127; 2007, c.10, s.71; 2007, c.12, s.1
Definitions
1In this Act
“Appeals Tribunal” means the Appeals Tribunal established under the Workplace Health, Safety and Compensation Commission Act;(Tribunal d’appel)
“Chief Compliance Officer” means the Chief Compliance Officer designated under section 5;(agent principal de contrôle)
“Commission” means the Workplace Health, Safety and Compensation Commission established under the Workplace Health, Safety and Compensation Commission Act;(Commission)
“committee” means a joint health and safety committee established in accordance with this Act;(comité)
“construction” includes building, erection, alteration, repair, dismantling, demolition, structural maintenance, painting, moving, land clearing, earth moving, grading, excavating, street and highway building, concreting, equipment installation and alteration and the structural installation of construction components and materials in any form or for any purpose, and any work in connection therewith;(travaux de construction)
“contracting employer” means a person who through a contract, agreement or ownership, directs the activities of one or more employers as defined in paragraph (a) of the definition “employer”;(employeur contractant)
“contractor” means(entrepreneur)
(a) a person who by contract undertakes all the work at a project site,
(b) an owner who undertakes all or part of the work at a project site, or
(c) an owner who by contract engages more than one person to undertake all or part of the work at a project site;
“discriminatory action” means any action by an employer or union that adversely affects an employee with respect to any terms or conditions of employment, opportunity for promotion or membership in a union, and includes the action of dismissal, layoff, suspension, demotion, transfer of job location, reduction in wages, change in hours of work or reprimand;(mesure discriminatoire)
“employee” means (salarié)
(a) a person employed at or in a place of employment, or
(b) a person at or in a place of employment for any purpose in connection therewith;
“employer” means(employeur)
(a) a person who employs one or more employees,
(b) a manager, superintendent, supervisor, overseer or any person having authority over an employee, or
(c) an agent of any person referred to in paragraph (a) or (b);
“health and safety representative” means a health and safety representative elected by the employees at a place of employment as provided for under section 17;(délégué à l’hygiène et à la sécurité)
“medical examination” means a medical examination satisfactory to the Commission;(examen médical)
“mine” means any work or undertaking for the purpose of opening up, proving, removing or extracting any metallic or non-metallic mineral or mineral bearing substance, rock, earth, clay, sand or gravel;(mine)
“Minister” means the Minister of Post-Secondary Education, Training and Labour;(Ministre)
“occupational disease” means any disease or illness or departure from normal health arising out of employment, and includes an industrial disease as defined by the Workers’ Compensation Act;(maladie professionnelle)
“officer” means an occupational health and safety officer appointed under section 5;(agent)
“owner” includes a trustee, receiver, mortgagee in possession or a tenant or a person for whose direct benefit on completion work is being done, but does not include a landlord who, under the terms of the lease, has transferred all responsibility for risks in relation to a place of employment;(propriétaire)
“peace officer” Repealed: 1990, c.22, s.36
“place of employment” means any building, structure, premises, water or land where work is carried on by one or more employees, and includes a project site, a mine, a ferry, a train and any vehicle used or likely to be used by an employee;(lieu de travail)
“project site” means any building, structure, premises, water or land where construction is carried on;(chantier)
“protective equipment” means any piece of equipment or clothing designed to be used to protect the health or safety of an employee;(équipement de protection)
“sub-contractor” means a person who by contract undertakes part of the work at a project site;(sous-traitant)
“supplier” means any person who manufactures, supplies, sells, leases, distributes or installs any tool, equipment, machine, device or any biological, chemical or physical agent to be used by an employee;(fournisseur)
“union” means(syndicat)
(a) a trade union as defined under the Industrial Relations Act,
(b) any organization other than a trade union referred to in paragraph (a) representing employees to whom this Act applies formed for purposes that include the regulation of relations between employers and employees that has a written constitution, rules or by-laws setting forth its objects and purposes and defining the conditions under which persons may be admitted as members thereof and continued in such membership.
1989, c.28, s.1; 1990, c.22, s.36; 1994, c.70, s.5; 1998, c.41, s.92; 2000, c.26, s.232; 2001, c.35, s.1; 2006, c.16, s.127; 2007, c.10, s.71
Definitions
1In this Act
“Appeals Tribunal” means the Appeals Tribunal established under the Workplace Health, Safety and Compensation Commission Act;(Tribunal d’appel)
“Chief Compliance Officer” means the Chief Compliance Officer designated under section 5;(agent principal de contrôle)
“Commission” means the Workplace Health, Safety and Compensation Commission established under the Workplace Health, Safety and Compensation Commission Act;(Commission)
“committee” means a joint health and safety committee established in accordance with this Act;(comité)
“construction” includes building, erection, alteration, repair, dismantling, demolition, structural maintenance, painting, moving, land clearing, earth moving, grading, excavating, street and highway building, concreting, equipment installation and alteration and the structural installation of construction components and materials in any form or for any purpose, and any work in connection therewith;(travaux de construction)
“contracting employer” means a person who through a contract, agreement or ownership, directs the activities of one or more employers as defined in paragraph (a) of the definition “employer”;(employeur contractant)
“contractor” means(entrepreneur)
(a) a person who by contract undertakes all the work at a project site,
(b) an owner who undertakes all or part of the work at a project site, or
(c) an owner who by contract engages more than one person to undertake all or part of the work at a project site;
“discriminatory action” means any action by an employer or union that adversely affects an employee with respect to any terms or conditions of employment, opportunity for promotion or membership in a union, and includes the action of dismissal, layoff, suspension, demotion, transfer of job location, reduction in wages, change in hours of work or reprimand;(mesure discriminatoire)
“employee” means (salarié)
(a) a person employed at or in a place of employment, or
(b) a person at or in a place of employment for any purpose in connection therewith;
“employer” means(employeur)
(a) a person who employs one or more employees,
(b) a manager, superintendent, supervisor, overseer or any person having authority over an employee, or
(c) an agent of any person referred to in paragraph (a) or (b);
“health and safety representative” means a health and safety representative elected by the employees at a place of employment as provided for under section 17;(délégué à l’hygiène et à la sécurité)
“medical examination” means a medical examination satisfactory to the Commission;(examen médical)
“mine” means any work or undertaking for the purpose of opening up, proving, removing or extracting any metallic or non-metallic mineral or mineral bearing substance, rock, earth, clay, sand or gravel;(mine)
“Minister” means the Minister of Post-Secondary Education and Training;(Ministre)
“occupational disease” means any disease or illness or departure from normal health arising out of employment, and includes an industrial disease as defined by the Workers’ Compensation Act;(maladie professionnelle)
“officer” means an occupational health and safety officer appointed under section 5;(agent)
“owner” includes a trustee, receiver, mortgagee in possession or a tenant or a person for whose direct benefit on completion work is being done, but does not include a landlord who, under the terms of the lease, has transferred all responsibility for risks in relation to a place of employment;(propriétaire)
“peace officer” Repealed: 1990, c.22, s.36
“place of employment” means any building, structure, premises, water or land where work is carried on by one or more employees, and includes a project site, a mine, a ferry, a train and any vehicle used or likely to be used by an employee;(lieu de travail)
“project site” means any building, structure, premises, water or land where construction is carried on;(chantier)
“protective equipment” means any piece of equipment or clothing designed to be used to protect the health or safety of an employee;(équipement de protection)
“sub-contractor” means a person who by contract undertakes part of the work at a project site;(sous-traitant)
“supplier” means any person who manufactures, supplies, sells, leases, distributes or installs any tool, equipment, machine, device or any biological, chemical or physical agent to be used by an employee;(fournisseur)
“union” means(syndicat)
(a) a trade union as defined under the Industrial Relations Act,
(b) any organization other than a trade union referred to in paragraph (a) representing employees to whom this Act applies formed for purposes that include the regulation of relations between employers and employees that has a written constitution, rules or by-laws setting forth its objects and purposes and defining the conditions under which persons may be admitted as members thereof and continued in such membership.
1989, c.28, s.1; 1990, c.22, s.36; 1994, c.70, s.5; 1998, c.41, s.92; 2000, c.26, s.232; 2001, c.35, s.1; 2006, c.16, s.127