Budget Implementation Act, 2018, No. 2 (S.C. 2018, c. 27)

Coming into Force

Marginal note:September 1, 2019

• 534 (1) Sections 441, 442, and 444, subsection 446(3), sections 450, 453 to 456, subsection 457(1), sections 458, 459, 463 to 477, 487, 494 and 495, subsection 505(4) and sections 519, 524 and 525 come into force on the later of September 1, 2019 and the first day on which both section 195 and 206 of the Budget Implementation Act, 2017, No. 2 are in force.

• Marginal note:2017, c. 20, s. 377

  (2) Section 443 comes into force on the first day on which both section 441 of this Act and section 377 of the Budget Implementation Act, 2017, No. 1 are in force.

• Marginal note:2017, c. 33, ss. 195 and 206

  (3) Sections 445 and 462 and subsection 505(2) come into force on the first day on which both sections 195 and 206 of the Budget Implementation Act, 2017, No. 2 are in force.

• Marginal note:Order in council

  (4) Sections 447 to 449 and 517 come into force on a day to be fixed by order of the Governor in Council.

• Marginal note:Order in council

  (5) Sections 451, 452, 461 and 493, subsections 498(1) to (3) and sections 501, 518 and 520 come into force on a day to be fixed by order of the Governor in Council but that day must not be earlier than the day on which both sections 445 and 488 are in force.

• Marginal note:Order in council

  (6) Subsection 457(2), sections 460, 478 to 482 and 484, subsections 498(5) and 505(3) and section 521 come into force on a day to be fixed by order of the Governor in Council but that day must not be earlier than the day on which both sections 441 and 483 are in force.

• Marginal note:Order in council

  (7) Sections 483, 485 and 522 come into force on a day to be fixed by order of the Governor in Council.

• Marginal note:Order in council

  (8) Sections 486 and 523 come into force on a day to be fixed by order of the Governor in Council.

• Marginal note:2017, c. 20, s. 318(1)

  (9) Sections 488 to 492, 496 and 497, subsection 498(4), sections 499, 500, 503, subsection 505(5) and section 526 come into force on the day on which subsection 318(1) of the Budget Implementation Act, 2017, No. 1 comes into force.

• Marginal note:Order in council

  (10) Sections 502, 527 and 528 come into force on a day to be fixed by order of the Governor in Council.

SUBDIVISION BHead of Compliance and Enforcement

R.S., c. L-2Canada Labour Code

535 Section 2 of the Canada Labour Code is amended by adding the following in alphabetical order:

536 The Act is amended by adding the following after section 122.2:

• 537 (1) Subparagraph 125(1)(d)(iii) of the Act is replaced by the following:

  • (iii) any other printed material related to health and safety that is prescribed or that may be directed by the Head;

• (2) Paragraph 125(1)(x) of the Act is replaced by the following:

  • (x) comply with every oral or written direction given to the employer by the Head or the Board concerning the health and safety of employees;

538 Paragraph 126(1)(i) of the Act is replaced by the following:

539 The portion of subsection 127(1) of the Act before paragraph (a) is replaced by the following:

• 540 (1) The portion of subsection 127.1(8) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Referral to the Head

    (8) The employee or employer may refer a complaint that there has been a contravention of this Part to the Head in the following circumstances:

• (2) Subsection 127.1(9) of the Act is replaced by the following:

  • Marginal note:Investigation

    (9) The Head shall investigate the complaint referred to in subsection (8).

• (3) The portion of subsection 127.1(10) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Duty and power of Head

    (10) On completion of the investigation, the Head

• (4) Paragraphs 127.1(10)(b) and (c) of the Act are replaced by the following:

  • (b) may, if in the Head’s opinion it is appropriate, recommend that the employee and employer resolve the matter between themselves; or

  • (c) shall, if the Head concludes that a danger exists as described in subsection 128(1), issue directions under subsection 145(2).

• (5) Subsection 127.1(11) of the Act is replaced by the following:

  • Marginal note:Interpretation

    (11) For greater certainty, nothing in this section limits the Head’s authority under section 145.

541 Subsection 128(16) of the Act is replaced by the following:

• 542 (1) The portion of subsection 129(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Head’s investigation

  • 129 (1) If the Head is informed of the employer’s decision and the continued refusal under subsection 128(16), the Head shall investigate the matter unless the Head is of the opinion that

• (2) Subsections 129(1.1) to (1.3) of the Act are replaced by the following:

  • Marginal note:Notices of decision not to investigate

    (1.1) If the Head does not proceed with an investigation, the Head shall inform the employer and the employee in writing, as soon as feasible, of that decision. The employer shall then inform in writing, as the case may be, the members of the work place committee who were designated under subsection 128(10) or the health and safety representative and the person who is designated by the employer under that subsection of the Head’s decision.

  • Marginal note:Return to work

    (1.2) On being informed of the Head’s decision not to proceed with an investigation, the employee is no longer entitled to continue their refusal under subsection 128(15).

  • Marginal note:Refusal of work during investigation

    (1.3) If the Head proceeds with an investigation, the employee may continue to refuse, for the duration of the investigation, to use or operate the machine or thing, to work in the place or to perform the activity that may constitute a danger.

• (3) The portion of subsection 129(1.4) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Persons present during the investigation

    (1.4) If the Head proceeds with an investigation, the Head may do so in the presence of the employer, the employee and one other person who is

• (4) Subsection 129(3) of the Act is replaced by the following:

  • Marginal note:Absence of any person

    (3) The Head may proceed with an investigation in the absence of any person mentioned in subsection (1.4) or (2) if that person chooses not to be present.

• (5) The portion of subsection 129(3.1) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Precedent

    (3.1) During the Head’s investigation, the Head shall verify if there are previous or ongoing investigations in relation to the same employer that involve substantially the same issues and may

• (6) Paragraph 129(3.1)(b) of the Act is replaced by the following:

  • (b) if there is an ongoing investigation, combine that investigation with the investigation the Head is conducting and issue a single decision.

• (7) Subsection 129(4) of the Act is replaced by the following:

  • Marginal note:Decision of Head

    (4) The Head shall, on completion of an investigation made under subsection (1), make one of the decisions referred to in paragraphs 128(13)(a) to (c) and shall immediately give written notification of the decision to the employer and the employee.

• (8) The portion of subsection 129(5) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Continuation of work

    (5) If the employee has exercised their right under subsection (1.3), the employer may, during the investigation and until the Head has issued a decision, require that the employee concerned remain at a safe location near the place in respect of which the investigation is being made or assign the employee reasonable alternative work, and shall not assign any other employee to use or operate the machine or thing, work in that place or perform the activity referred to in subsection (1) unless

• (9) Subsections 129(6) and (7) of the Act are replaced by the following:

  • Marginal note:Directions by Head

    (6) If the Head makes a decision referred to in paragraph 128(13)(a), the Head shall issue the directions under subsection 145(2) that the Head considers appropriate, and an employee may continue to refuse to use or operate the machine or thing, work in that place or perform that activity until the directions are complied with or until they are varied or rescinded under this Part.

  • Marginal note:Appeal

    (7) If the Head makes a decision referred to in paragraph 128(13)(b) or (c), the employee is not entitled under section 128 or this section to continue to refuse to use or operate the machine or thing, work in that place or perform that activity, but the employee, or a person designated by the employee for the purpose, may appeal the decision, in writing, to the Board within 10 days after receiving notice of the decision.

543 Section 130 of the Act is replaced by the following:

544 Subsection 133(3) of the Act is replaced by the following:

545 Subsection 134(2) of the Act is replaced by the following:

546 Paragraph 134.1(4)(f) of the Act is replaced by the following:

• 547 (1) The portion of subsection 135(6) of the Act before paragraph (b) is replaced by the following:

  • Marginal note:Exemption if agreement

    (6) If, under a collective agreement or any other agreement between an employer and the employer’s employees, a committee of persons has been appointed and the committee has, in the opinion of the Head, a responsibility for matters relating to health and safety in the work place to such an extent that a work place committee established under subsection (1) for that work place would not be necessary,

    • (a) the Head may, in writing, exempt the employer from the requirements of subsection (1) in respect of that work place;

• (2) Paragraph 135(7)(h) of the Act is replaced by the following:

  • (h) shall cooperate with the Head;

• 548 (1) Subsection 135.1(4) of the Act is replaced by the following:

  • Marginal note:Notification

    (4) If a trade union fails to select a person under subparagraph (1)(b)(ii), the Head may notify in writing the local branch of the trade union, and shall send a copy of any such notification to the trade union’s national or international headquarters and to the employer, indicating that the committee is not established until a person is selected in accordance with that subparagraph.

• (2) Subsection 135.1(9) of the Act is replaced by the following:

  • Marginal note:Records

    (9) A committee shall ensure that accurate records are kept of all of the matters that come before it and that minutes are kept of its meetings. The committee shall make the minutes and records available to the Head at the Head’s request.

• 549 (1) Subsection 136(3) of the Act is replaced by the following:

  • Marginal note:Notification

    (3) If a trade union fails to select a person under subsection (2), the Head may so notify in writing the local branch of the trade union. The Head shall send a copy of the notification to the trade union’s national or international headquarters and to the employer.

• (2) Paragraph 136(5)(h) of the Act is replaced by the following:

  • (h) shall cooperate with the Head;

550 Section 137 of the Act is replaced by the following: