Regulations Amending Certain Regulations Made Under the Canada Labour Code: SOR/2025-79

Canada Gazette, Part II, Volume 159, Number 7

Registration
SOR/2025-79 March 6, 2025

CANADA LABOUR CODE

P.C. 2025-282 March 5, 2025

Whereas, under subsection 157(3)footnote a of the Canada Labour Code footnote 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 footnote e, as defined in section 2 of the Canada Petroleum Resources Act footnote f, 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 annexed 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, under sections 125footnote g, 125.1footnote h, 126footnote i and 135.2footnote j, subsection 136(11)footnote k and sections 157footnote l and 270footnote m of the Canada Labour Code footnote b, makes the annexed Regulations Amending Certain Regulations Made Under the Canada Labour Code.

Regulations Amending Certain Regulations Made Under the Canada Labour Code

Canada Occupational Health and Safety Regulations

1 Section 1.2 of the Canada Occupational Health and Safety Regulations footnote 1 is amended by adding the following in alphabetical order:

readily available
means, in respect of a document, present and easily accessible at the work place at all times; (facilement accessible)

2 The definition readily available in section 10.1 of the Regulations is repealed.

3 Subsection 10.20(2) of the Regulations is replaced by the following:

(2) If a source of ignition may ignite an airborne chemical agent or combination of airborne chemical agents in the work place, the concentration of the chemical agent or the combination of chemical agents shall not exceed 10% of the lower explosive limit of the chemical agent or combination of chemical agents.

4 Schedules I and II to Part XV of the Regulations are replaced by the Schedules I and II set out in Schedule 1 to these Regulations.

5 Subsection 16.2(1) of the Regulations is replaced by the following:

16.2 (1) Every employer shall establish and keep up-to-date written instructions that provide for the prompt rendering of first aid to an employee for any injury or illness, including an occupational illness.

6 Paragraph 16.6(1)(a) of the Regulations is replaced by the following:

7 Subsection 18.8(1) of the French version of the Regulations is replaced by the following:

18.8 (1) Si un plongeur s’estime inapte à plonger pour cause de maladie ou de fatigue ou pour toute autre raison, il est tenu d’en aviser l’employeur.

8 The English version of the Regulations is amended by replacing “disease” and “diseases” with “illness” and “illnesses”, respectively, in the following provisions:

On Board Trains Occupational Health and Safety Regulations

9 Section 1.1 of the On Board Trains Occupational Health and Safety Regulations footnote 2 is amended by adding the following in alphabetical order:

readily available
means, in respect of a document, present and easily accessible at the work place at all times; (facilement accessible)

10 The definition readily available in section 7.1 of the Regulations is repealed.

11 Subsection 7.21(2) of the Regulations is replaced by the following:

(2) If a source of ignition may ignite an airborne chemical agent or combination of airborne chemical agents in a work place, the concentration of the chemical agent or the combination of chemical agents shall not exceed 10% of the lower explosive limit of the chemical agent or combination of chemical agents.

12 Schedule I to Part XI of the Regulations is replaced by the Schedule I set out in Schedule 2 to these Regulations.

13 Schedule III to Part XI of the Regulations is replaced by the Schedule III set out in Schedule 3 to these Regulations.

14 (1) Paragraph 12.3(a) of the Regulations is replaced by the following:

(2) Paragraph 12.3(c) of the Regulations is replaced by the following:

15 Paragraph 12.6(a) of the Regulations is replaced by the following:

16 (1) Subparagraph 12.8(1)(a)(i) of the Regulations is replaced by the following:

(2) Subparagraph 12.8(1)(a)(iv) of the Regulations is replaced by the following:

17 The English version of the Regulations is amended by replacing “disease” and “diseases” with “illness” and “illnesses”, respectively, in the following provisions:

Oil and Gas Occupational Safety and Health Regulations

18 Section 1 of the Oil and Gas Occupational Safety and Health Regulations footnote 3 and the heading before it are repealed.

19 Section 1.1 of the Regulations is amended by adding the following in alphabetical order:

readily available
means, in respect of a document, present and easily accessible at the work place at all times; (facilement accessible)

20 The definition readily available in section 11.1 of the Regulations is repealed.

21 Subsection 11.24(2) of the Regulations is replaced by the following:

(2) If a source of ignition may ignite an airborne chemical agent or combination of airborne chemical agents in a work place, the concentration of the chemical agent or the combination of chemical agents shall not exceed 10% of the lower explosive limit of the chemical agent or combination of chemical agents.

22 The portion of the definition disabling injury in section 16.1 of the Regulations before paragraph (b) is replaced by the following:

disabling injury
means an employment injury or occupational illness that
  • (a) prevents an employee from reporting for work or from effectively performing all the duties connected with their regular work on any day after the day on which the injury or illness occurred, whether or not that later day is a working day for that employee,

23 Schedules I and II to Part XVI of the Regulations are replaced by the Schedules I and II set out in Schedule 4 to these Regulations.

24 (1) Subsection 17.2(1) of the Regulations is replaced by the following:

17.2 (1) Every employer shall establish and keep up-to-date written instructions that provide for the prompt rendering of first aid to an employee for any injury or illness, including an occupational illness.

(2) Subsection 17.2(3) of the Regulations is replaced by the following:

(3) Every employee, on sustaining an injury or becoming aware that they have contracted an illness, including an occupational illness, shall report as soon as practicable for treatment to a first aid attendant.

25 Paragraph 17.10(1)(a) of the Regulations is replaced by the following:

26 (1) Subparagraph 17.16(1)(a)(i) of the Regulations is replaced by the following:

(2) Subparagraphs 17.16(1)(a)(iii) and (iv) of the Regulations are replaced by the following:

27 The English version of the Regulations is amended by replacing “disease” and “diseases” with “illness” and “illnesses”, respectively, in the following provisions:

Maritime Occupational Health and Safety Regulations

28 Section 1 of the Maritime Occupational Health and Safety Regulations footnote 4 is amended by adding the following in alphabetical order:

readily available
means, in respect of a document, present and easily accessible at the work place at all times. (facilement accessible)

29 The definition readily available in section 243 of the Regulations is repealed.

30 Subsection 255(6) of the Regulations is replaced by the following:

(6) If a source of ignition may ignite an airborne chemical agent or combination of airborne chemical agents in a work place, the concentration of the chemical agent or the combination of chemical agents must not exceed 10% of the lower explosive limit of the chemical agent or combination of chemical agents.

31 Subsection 279(1) of the Regulations is replaced by the following:

279 (1) If the investigation referred to in section 276 discloses that a hazardous occurrence resulted in any of the following circumstances, the employer must, without delay after receiving the results of the investigation, make a report in writing that meets the requirements of subsections (1.1) and (1.2):

(1.1) The report must contain the results of the investigation and the following information:

(1.2) The report must be signed and dated by the person appointed to investigate the hazardous occurrence and the work place committee member or health and safety representative who participated in the investigation of the hazardous occurrence.

32 (1) Subsection 280(1) of the Regulations is replaced by the following:

280 (1) Every employer must, not later than March 1 in each year, submit to the Minister a written report that meets the requirements of subsections (1.1) and (2) regarding the accidents, occupational illnesses and other hazardous occurrences of which the employer is aware affecting any employee in the course of employment during the 12 month period ending on December 31 of the preceding year.

(1.1) The report must be signed and dated by the person who prepared it on behalf of the employer.

(2) Paragraphs 280(2)(b) to (m) of the Regulations are replaced by the following:

33 The English version of the Regulations is amended by replacing “disease” with “illness” in the following provisions:

34 The French version of the Regulations is amended by replacing “malaise” with “maladie” in the following provisions:

Aviation Occupational Health and Safety Regulations

35 Subsection 1.1(1) of the Aviation Occupational Health and Safety Regulations footnote 5 is amended by adding the following in alphabetical order:

readily available
means, in respect of a document, present and easily accessible at the work place at all times. (facilement accessible)

36 The definition readily available in section 5.1 of the Regulations is repealed.

37 Subsection 5.17(2) of the Regulations is replaced by the following:

(2) If a source of ignition may ignite an airborne chemical agent or combination of airborne chemical agents on board an aircraft, the concentration of the chemical agent or the combination of chemical agents shall not exceed 10% of the lower explosive limit of the chemical agent or combination of chemical agents.

38 Schedules 1 and 2 to Part 10 of the Regulations are replaced by the Schedules 1 and 2 set out in Schedule 5 to these Regulations.

39 The English version of the Regulations is amended by replacing “disease” and “diseases” with “illness” and “illnesses”, respectively, in the following provisions:

Policy Committees, Work Place Committees and Health and Safety Representatives Regulations

40 Subsection 9(3) of the Policy Committees, Work Place Committees and Health and Safety Representatives Regulations footnote 6 is replaced by the following:

(3) As soon as feasible after the report has been submitted, the chairperson selected by the employer members of the work place committee must provide a copy of the report to the employer.

(4) As soon as feasible after receiving a copy of the report, the employer must post a copy of it in the conspicuous place or places in which the employer posts the information referred to in paragraph 125(1)(z.17) of the Act and keep the copy posted for a period of two months.

41 The schedule to the Regulations is replaced by the schedule set out in Schedule 6 to these Regulations.

Administrative Monetary Penalties (Canada Labour Code) Regulations

42 Items 891 to 906 of Division 4 of Part 2 of Schedule 1 to the Administrative Monetary Penalties (Canada Labour Code) Regulations footnote 7 are replaced by the following:
Item

Column 1

Provision

Column 2

Violation Type
891 279(1) A
892 279(1.1)(a) A
893 279(1.1)(b) A
894 279(1.1)(c) A
895 279(1.1)(d) A
896 279(1.1)(e) A
897 279(1.1)(f) A
898 279(1.1)(g) A
899 279(1.1)(h) A
900 279(1.1)(i) A
901 279(1.1)(j)(i) A
902 279(1.1)(j)(ii) A
903 279(1.1)(j)(iii) A
904 279(1.1)(j)(iv) A
905 279(1.1)(j)(v) A
906 279(1.1)(k) A
906.1 279(1.1)(l) A
906.2 279(1.1)(m) A
906.3 279(1.1)(n)(i) A
906.4 279(1.1)(n)(ii) A
906.5 279(1.1)(o) A
906.6 279(1.2) A
43 Division 4 of Part 2 of Schedule 1 to the Regulations is amended by adding the following after item 909:
Item

Column 1

Provision

Column 2

Violation Type
909.1 280(1.1) A
44 Items 912 to 922 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
912 280(2)(c)(i) A
913 280(2)(c)(ii) A
914 280(2)(c)(iii) A
915 280(2)(c)(iv) A
916 280(2)(c)(v) A
917 280(2)(d) A

Coming into Force

45 These Regulations come into force on the day on which they are published in the Canada Gazette, Part II.

SCHEDULE 1

(Section 4)

SCHEDULE I

(Subsection 15.8(1))

Employment and Social Development Canada

Emploi et DĂ©veloppement social Canada

  • PROTECTED B WHEN COMPLETED
  • Department File No.
  • Regional or District Office
HAZARDOUS OCCURRENCE INVESTIGATION REPORT

1 Type of occurrence

☐ Explosion

☐ Disabling injury

☐ Loss of consciousness

☐ Emergency procedure

☐ Other

Specify

2 Employer’s name and mailing address (street, city, province and postal code)

Business number

Telephone number

Site of hazardous occurrence

Date and time of hazardous occurrence

Weather (if applicable)

Witnesses

Supervisor’s name

3 Description of what happened

Brief description of property damage and the estimated cost of repair

4 Injured or ill employee’s name (if applicable)

Age

Occupation

Years of experience in occupation

Description of injury or illness

Gender

Direct cause of injury or illness

Was training in accident prevention given to the employee in relation to duties performed at the time of the hazardous occurrence?

☐ Yes ☐ No Specify

5 Direct causes of hazardous occurrence

6 Corrective measures that will be taken by the employer and their implementation date

Reasons for not taking corrective measures

Supplementary preventive measures

7 Investigator’s contact information

Last name

First name

Telephone number

Title

Email

Signature

Date

8 Work place committee member’s or health and safety representative’s contact information

Last name

First name

Telephone number

Title

Email

Work place committee’s or health and safety representative’s comments

Signature

Date

ESDC LAB1070 E

SCHEDULE II

(Subsection 15.10(2))

Employment and Social Development Canada

Emploi et DĂ©veloppement social Canada

PROTECTED B WHEN COMPLETED

Reporting Year:

EMPLOYER’S ANNUAL HAZARDOUS OCCURRENCE REPORT (Regular/Offboard)
Instructions on how to complete the form can be found at Canada.ca/workplace-health-safety-annual-reports

Employer’s legal name

Business number

Employer’s operating name (if different from above)

Mailing address

Name of contact person

Business telephone

Mailing address

Email

Signature

Date
Work Place Information Injury Data Employment Data
Work Place ID Work Place Name Headquarters (Y/N) Work Place Reference Number Address(Street, City, Province, Postal Code) Number of Disabling Injuries Number of Deaths Number of Minor Injuries Number of Other Hazardous Occurrences Total Number of Hours Worked Total Number of Employees Number of Office Employees In Operation (Y/N) Date Ceased YYYY-MM-DD
                           
Comments:
                           
Comments:
                           
Comments:
                           
Comments:

ESDC-NHQ LAB1009 E

SCHEDULE 2

(Section 12)

SCHEDULE I

(Subsection 11.7(1))

Employment and Social Development Canada

Emploi et DĂ©veloppement social Canada

  • PROTECTED B WHEN COMPLETED
  • Department File No.
  • Regional or District Office
HAZARDOUS OCCURRENCE INVESTIGATION REPORT
1 Type of occurrence
☐ Explosion ☐ Loss of consciousness

☐ Other

Specify
☐ Disabling injury ☐ Emergency procedure
2 Employer’s name and mailing address (street, city, province and postal code) Business number
Telephone number
Site of hazardous occurrence Date and time of hazardous occurrence
Weather (if applicable)
Witnesses Supervisor’s name
3 Description of what happened
Brief description of property damage and the estimated cost of repair
4 Injured or ill employee’s name (if applicable) Age Occupation
Years of experience in occupation
Description of injury or illness Gender Direct cause of injury or illness
Was training in accident prevention given to the employee in relation to duties performed at the time of the hazardous occurrence?
☐ Yes ☐ No Specify
5 Direct causes of hazardous occurrence
6 Corrective measures that will be taken by the employer and their implementation date
Reasons for not taking corrective measures
Supplementary preventive measures
7 Investigator’s contact information
Last name First name Telephone number
Title Email
Signature Date
8 Work place committee member’s or health and safety representative’s contact information
Last name First name Telephone number
Title Email
Work place committee’s or health and safety representative’s comments
Signature Date

ESDC LAB1070 E

SCHEDULE 3

(Section 13)

SCHEDULE III

(Section 11.8)

Employment and Social Development Canada

Emploi et DĂ©veloppement social Canada

PROTECTED B WHEN COMPLETED

Reporting Year:

EMPLOYER’S ANNUAL HAZARDOUS OCCURRENCE REPORT (Onboard)
Instructions for how to complete the form can be found at Canada.ca/workplace-health-safety-annual-reports

Employer’s legal name

Business number

Employer’s operating name (if different from above)

Mailing address

Name of contact person

Business telephone

Mailing address

Email

Signature

Date
Work Place Information Injury Data     Employment Data
Work Place ID Work Place Name Headquarters (Y/N) Work Place Reference Number Address (Street, City, Province, Postal Code) Number of Disabling Injuries Number of Deaths Number of Minor Injuries Number of Other Hazardous Occurrences Total Number of Hours Worked Total Number of Employees In Operation (Y/N) Date Ceased YYYY-MM-DD
                         
Comments:
                         
Comments:
                         
Comments:
                         
Comments:

ESDC-NHQ LAB1195 E

SCHEDULE 4

(Section 23)

SCHEDULE I

(Subsection 16.4(3))

Employment and Social Development Canada

Emploi et DĂ©veloppement social Canada

  • PROTECTED B WHEN COMPLETED
  • Department File No.
  • Regional or District Office
HAZARDOUS OCCURRENCE INVESTIGATION REPORT
1 Type of occurrence

☐ Explosion

☐ Disabling injury

☐ Loss of consciousness

☐ Emergency procedure

☐ Other

Specify
2 Employer’s name and mailing address (street, city, province and postal code) Business number
Telephone number
Site of hazardous occurrence Date and time of hazardous occurrence
Weather (if applicable)
Witnesses Supervisor’s name
3 Description of what happened
Brief description of property damage and the estimated cost of repair
4 Injured or ill employee’s name (if applicable) Age Occupation
Years of experience in occupation
Description of injury or illness Gender Direct cause of injury or illness
Was training in accident prevention given to the employee in relation to duties performed at the time of the hazardous occurrence?
☐ Yes ☐ No Specify
5 Direct causes of hazardous occurrence
6 Corrective measures that will be taken by the employer and their implementation date
Reasons for not taking corrective measures
Supplementary preventive measures
7 Investigator’s contact information
Last name First name Telephone number
Title Email
Signature Date
8 Work place committee member’s or health and safety representative’s contact information
Last name First name Telephone number
Title Email
Work place committee’s or health and safety representative’s comments
Signature Date

ESDC LAB1070 E

SCHEDULE II

(Subsection 16.7(2))

Employment and Social Development Canada

Emploi et DĂ©veloppement social Canada

PROTECTED B WHEN COMPLETED

Reporting Year:

EMPLOYER’S ANNUAL HAZARDOUS OCCURRENCE REPORT (Regular/Offboard)
Instructions on how to complete the form can be found at Canada.ca/workplace-health-safety-annual-reports
Employer’s legal name Business number
Employer’s operating name (if different from above)
Mailing address

Name of contact person

Business telephone

Mailing address

Email

Signature

Date

ESDC-NHQ LAB1009 E

Work Place Information Injury Data Employment Data
Work Place ID Work Place Name Headquarters (Y/N) Work Place Reference Number Address (Street, City, Province, Postal Code) Number of Disabling Injuries Number of Deaths Number of Minor Injuries Number of Other Hazardous Occurrences Total Number of Hours Worked Total Number of Employees Number of Office Employees In Operation (Y/N) Date Ceased YYYY-MM-DD
                           
Comments:
                           
Comments:
                           
Comments:
                           
Comments:

ESDC-NHQ LAB1009 E

SCHEDULE 5

(Section 38)

SCHEDULE 1

(Subsection 10.6(1))

Employment and Social Development Canada

Emploi et DĂ©veloppement social Canada

  • PROTECTED B WHEN COMPLETED
  • Department File No.
  • Regional or District Office
HAZARDOUS OCCURRENCE INVESTIGATION REPORT
1 Type of occurrence
☐ Explosion ☐ Loss of consciousness

☐ Other Specify

Specify
☐ Disabling injury ☐ Emergency procedure
2 Employer’s name and mailing address (street, city, province and postal code) Business number
Telephone number
Site of hazardous occurrence Date and time of hazardous occurrence
Weather (if applicable)
Witnesses Supervisor’s name
3 Description of what happened
Brief description of property damage and the estimated cost of repair
4 Injured or ill employee’s name (if applicable) Age Occupation
Years of experience in occupation
Description of injury or illness Gender Direct cause of injury or illness

Was training in accident prevention given to the employee in relation to duties performed at the time of the hazardous occurrence?

☐ Yes ☐ No Specify
5 Direct causes of hazardous occurrence
6 Corrective measures that will be taken by the employer and their implementation date
Reasons for not taking corrective measures
Supplementary preventive measures
7 Investigator’s contact information
Last name First name Telephone number
Title Email
Signature Date
8 Work place committee member’s or health and safety representative’s contact information
Last name First name Telephone number
Title Email
Work place committee’s or health and safety representative’s comments
Signature Date

ESDC LAB1070 E

SCHEDULE 2

(Subsection 10.7(2))

Employment and Social Development Canada

Emploi et DĂ©veloppement social Canada

PROTECTED B WHEN COMPLETED

Reporting Year:

EMPLOYER’S ANNUAL HAZARDOUS OCCURRENCE REPORT (Onboard)
Instructions on how to complete the form can be found at Canada.ca/workplace-health-safety-annual-reports
Employer’s legal name Business number
Employer’s operating name (if different from above)
Mailing address
Name of contact person Business telephone
Mailing address Email
Signature Date
Work Place Information Injury Data Employment Data
Work Place ID Work Place Name Headquarters (Y/N) Work Place Reference Number Address (Street, City, Province, Postal Code) Number of Disabling Injuries Number of Deaths Number of Minor Injuries Number of Other Hazardous Occurrences Total Number of Hours Worked Total Number of Employees In Operation (Y/N) Date Ceased YYYY-MM-DD
                         
Comments:
                         
Comments:
                         
Comments:
                         
Comments:

ESDC-NHQ LAB1195 E

SCHEDULE 6

(Section 41)

SCHEDULE

(Subsection 9(2))

Employment and Social Development Canada

Emploi et DĂ©veloppement social Canada

  • (For Labour Program use only)
  • Department File No.
  • Regional Office
WORK PLACE COMMITTEE REPORT
Employer name and mailing address Committee exemption under paragraph 135(6)(a) of the Act ☐ Yes
Number of employees represented by committee []
Business number Number of employee committee members selected by trade union(s) []
Committee name/work place/mailing address if different from above Number of employee committee members selected by employees not represented by trade union(s) []
Number of employer committee members selected by the employer []
Total number of committee members []
Name of contact person Telephone number Name(s) of trade union(s) who selected employee committee members
Year Jan. Feb. Mar. Apr. May June July Aug. Sept. Oct. Nov. Dec. TOTAL
Meetings Regular                          
Special                          
Complaints Received                          
Resolved                          
Unresolved                          
Refusals to work Received                          
Resolved                          
Unresolved                          
Inquiries and investigations                          
Inspections                          
Programs, measures and procedures monitored                          
Health and safety hazards Identified                          
Resolved                          
Unresolved                          
Injuries Disabling injuries                          
Minor injuries                          
Time lost due to injuries                          

Please highlight any special programs, inquiries, unresolved issues or other points that could be significant to the Committee that occurred during the previous 12 months ending December 31. (Attach sheet for additional information.)

Employee chairperson
Name of employee chairperson
Signature Date
Employer chairperson
Name of employer chairperson
Signature Date

ESDC LAB1058 E

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

Between 2010 and 2015, the Standing Joint Committee for the Scrutiny of Regulations (SJCSR) raised several administrative points in six occupational health and safety (OHS) regulations made under Part II of the Canada Labour Code (the Code). In addressing the SJCSR points, the Labour Program of Employment and Social Development Canada (the Labour Program) has identified opportunities to update and streamline the language in the OHS regulations to better align with amendments that were made to the Code in recent years.

Background

Overview of the Code

The Code consolidates statutory provisions regarding industrial relations (Part I), occupational health and safety (Part II), labour standards (Part III) and administrative monetary penalties (Part IV). It applies to industries that fall within the federal jurisdiction. This includes employers and employees in federal Crown corporations and federally regulated industries such as

Part II of the Code also applies to the federal public administration. Under Part II, employers have specific duties to protect the health and safety of employees in each workplace they control and in every work activity under their authority. To meet this goal, employees and employers are encouraged to work together to develop practices and policies related to occupational health and safety and to assess and address occupational health and safety issues effectively and in a timely manner. In addition, employers are required to provide employees with the information, education, training, and supervision necessary to ensure their health and safety at work.

Part II of the Code provides the authority for the Governor in Council to make regulations regarding occupational health and safety in the workplace. These regulations include the

Points Raised by the SJCSR

The SJCSR raised five administrative points to address in provisions of the AOHSR, MOHSR, and PCWPCHSRR between 2010 and 2015 and the Labour Program has identified similar points to address in the other OHS regulations:

Point 1 – Location of Expression “Readily Available”

The SJCSR noted that the AOHSR currently refers to the expression “readily available” throughout the regulation. However, the expression is defined only in section 5.1 and not in the Interpretation section (section 1.1) of the regulation. This is also the case in the COHSR, MOHSR, OGOSHR, and OTOHSR.

Point 2 – Use of Term “Agir” instead of “Enflammer”

The SJCSR noted that the French version of subsection 5.17(2) of the AOHSR and subsection 255(6) of the MOHSR currently use the term “agir” while the term used in English is “ignite”. They suggested that the French version be amended to use the term “enflammer”. This is also the case in the COHSR, OGOSHR, and OTOHSR.

Point 3 – “Source of Ignition” igniting “the concentration”

The SJCSR noted that subsection 255(6) of the MOHSR currently refers to a “source of ignition” igniting “the concentration of an airborne chemical agent or combination of airborne chemical agents”, when it is the agent itself or the combination of agents that are being ignited, rather than the concentration. This is also the case in the AOHSR, COHSR, OGOSHR, and OTOHSR.

Point 4 –Employer Identification Number

There is a requirement in the Employer Annual Hazardous Occurrence Report (EAHO Report) in five of the OHS regulations (AOHSR, COHSR, MOHSR, OGOSHR, and OTOHSR) for the employer to provide the “employer identification number”. This requirement is also present in the Hazardous Occurrence Investigation Report (HOI Report) in the AOHSR, COHSR, OGOSHR, and OTOHSR and in the Work Place Committee Report (WPC Report) referenced in the PCWPCHSRR. Since the employer identification number is a number assigned by the Labour Program for administrative purposes, i.e., to track information specific to the employer and ensure proper oversight of the employer’s reporting requirements, the SJCSR noted that this is not information that the employer should be required to report.

Point 5 – Posting the Annual Workplace Committee Report

Subsection 9(3) of the PCWPCHSRR requires the employer to post a copy of the annual report on the workplace committee activities in a conspicuous place for two months as soon as possible after the employer chairperson of the workplace committee has submitted a copy of the report to the Head of Compliance and Enforcement (HOCE). The SJCSR noted that the regulation does not explicitly require the employer chairperson to provide a copy of the annual report to the employer for the employer to be able to fulfill this requirement.

Two additional points were identified by the Labour Program upon the review of the OHS regulations:

Point 6 – Hazardous Occurrence Report Forms Not Displayed in Schedules

The EAHO, HOI and WPC Report forms that are currently referenced in the COHSR, OGOSHR, OTOHSR, and PCWPCHSRR are not all displayed within the applicable schedules of these OHS regulations. The AOHSR currently contains the EAHO Report form and the HOI Report form in a JPG graphic format within the applicable schedules and the MOHSR contains a list of written reporting requirements for those reports. However, it is not clear to employers, workplace committees, and health and safety representatives what the reporting requirements are for the EAHO, HOI and WPC Reports in the other four OHS regulations (COHSR, OGOSHR, OTOHSR, and PCWPCHSRR), as the schedules themselves do not contain graphics of the applicable forms.

For example, the following hazardous occurrence report forms are not displayed in any format in the following schedules:

However, these hazardous occurrence report forms can currently be found online on Labour Program’s website at the following links:

Point 7 – Update the expression “Occupational Diseases”

The AOHSR, COHSR, MOHSR, OGOSHR, and OTOHSR use the expression “occupational disease” throughout the regulations. In 2021, paragraph 125(1)(c) of the Code was amended to use the expression “occupational illness” instead of “occupational disease”.

Administrative Monetary Penalties

Consequential amendments to Schedule I of the Administrative Monetary Penalties (Canada Labour Code) Regulations (AMPs Regulations) are also needed to ensure consistency between the regulatory amendments and the AMPs Regulations as well as to ensure enforcement of penalties for non-compliance.

The AMPs Regulations, which fall under Part IV of the Code, came into force on January 1, 2021, to promote compliance with requirements under Part II and Part III of the Code. The AMPs Regulations designate and classify violations of provisions under the Code and associated regulations, making them subject to an Administrative Monetary Penalty (AMP) in cases of non-compliance. Only designated violations can be subject to an AMP.

When amendments are made to Part II or Part III of the Code and its associated OHS regulations, the Schedules in the AMPs Regulations must also be amended to reflect any updates made to obligations or provisions. Designated and classified occupational health and safety provisions are listed under Schedule I. The Part II provisions include:

The AMPs Regulations specify the method used to determine the amount of an AMP in each situation when issuing the notice of violation (NoV). The baseline penalty amount applicable to a violation varies depending on the type of person or department believed to have committed a violation and the classification of the violation. Each designated violation is classified as either Type A, B, C, D or E, in order of increasing severity, according to the level of risk and/or the impact and significance of the violation.

Objective

The amendments have the following objectives:

Description

Below is a description of the amendments that were made to the six OHS regulations to address the points raised by the SJCSR and the issues identified by the Labour Program.

Point 1 – Location of Expression “Readily Available”

The definition of “readily available” has been moved to the general interpretation section of the AOHSR, COHSR, MOHSR, OGOSHR, and OTOHSR. This will correct potential ambiguities or misinterpretations and harmonize all five OHS regulations with each other.

Point 2 – Use of Term “Agir” instead of “Enflammer”

The French versions have been amended to replace the verb “agir” with “enflammer” in all five OHS regulations (AOHSR, COHSR, MOHSR, OGOSHR, and OTOHSR) to ensure consistency.

Point 3 – “Source of Ignition” igniting “the Concentration”

The language in the MOHSR has been amended to clarify that the source of ignition is igniting “an airborne chemical agent or combination of airborne chemical agents” rather than “the concentration of an airborne chemical agent or combination of airborne chemical agents”. This amendment was also applied to the AOHSR, COHSR, OGOSHR, and OTOHSR to ensure consistency across these five OHS regulations.

Point 4 – Employer Identification Number

The written list of reporting requirements at subsection 280(1) in the MOHSR for the EAHO Report has been amended to remove reference to the employer identification number and replace it with the business number. Additionally, to ensure consistency across the reporting requirements in the hazardous occurrence reports (the EAHO, HOI and WPC Reports), the written list of reporting requirements in the MOHSR for the HOI Report has also been amended to add the requirement for the employer to provide the business number.

The employer identification number field (also known as the “Organization ID” or the “Employer ID No.” field) has been removed from all four hazardous occurrence report forms (EAHO Report Onboard form, EAHO Report Offboard form, HOI Report form, and WPC Report form) in the AOHSR, COHSR, OGOSHR, OTOHSR, and PCWPCHSRR and replaced by the employer business number in the HOI Report form and WPC Report form in the AOHSR, COHSR, OGOSHR, OTOHSR, and PCWPCHSRR. No changes have been made to the EAHO Report forms in the AOHSR, COHSR, OGOSHR, and OTOHSR, as the business number field was previously added to these forms.

To facilitate the submission of information, employers, workplace committees and health and safety representatives will still be able to access the HOI, EAHO and WPC Report electronic forms provided online by the Labour Program.

Below is a summary of which fields have been removed and added for each of the hazardous occurrence report forms in the AOHSR, COHSR, OGOSHR, OTOHSR, and PCWPCHSRR:

Name of Form Amendment
EAHO Report Regular/Offboard (LAB1009)
  • Removing "Organization ID" field.
EAHO Report Onboard (LAB1195)
  • Removing "Organization ID" field.
HOI Report (LAB1070)
  • Removing "Employer ID No." field.
  • Adding "Business Number" field.
WPC Report (LAB1058)
  • Removing "Employer identification No." field.
  • Adding "Business Number" field.

Point 5 – Posting the Annual Workplace Committee Report

The PCWPCHSRR has been amended to require the employer chairperson of the workplace committee to provide a copy of the annual report of the committee’s activities to the employer, in addition to submitting the annual report to the Labour Program.

Point 6 – Hazardous Occurrence Report Forms Not Displayed in Schedules

The EAHO, HOI and WPC Report forms are now visually displayed as graphics in XML format within the schedules of the COHSR, OGOSHR, OTOHSR, and PCWPCHSRR. While the AOHSR currently includes a visual display of the EAHO and HOI Report forms in the applicable schedules, the forms in Schedule I and Schedule II have been changed from a JPG graphic format to an XML graphic format to ensure consistency with the amendments in the COHSR, OGOSHR, OTOHSR, and PCWPCHSRR.

To facilitate the submission of information, employers, workplace committees and health and safety representatives will still be able to access the HOI Report, EAHO Report and WPC Report electronic forms provided online by the Labour Program.

Point 7 – Update the expression “Occupational Diseases”

The expression “occupational diseases” was updated to “occupational illness” in the AOHSR, COHSR, MOHSR, OGOSHR, and OTOHSR.

Consequential Amendments to AMPs

Consequential administrative amendments to Schedule I of the AMPs Regulations have been made to ensure consistency between the regulatory amendments and the AMPs Regulations by updating the applicable section, subsection, paragraph, and subparagraph in the “Provision” column of Schedule I. None of the regulatory amendments changed the “Violation Type” in Schedule I of the AMPs Regulations.

Regulatory development

Consultation

These amendments were not prepublished in the Canada Gazette, Part I, as they are administrative in nature, do not bring any substantive changes to any of the six OHS regulations and have minor impacts on federally regulated employers and employees. The costs associated with these amendments result from minor changes to pre-existing reporting requirements. As such, it was determined that formal consultations were not necessary and an exemption from prepublication was granted.

Modern treaty obligations and Indigenous engagement and consultation

Indigenous peoples, as employers, are subject to Part II of the Code and the associated health and safety regulations.

When assessing whether the duty to consult is triggered through the section 35 of the Constitution Act, 1982 footnote 8 or the United Nations Declaration on the Rights of Indigenous Peoples Actfootnote 9, the Labour Program concluded that the regulatory amendments do not substantially impact First Nations as employers, nor do they impact land rights or treaty rights, as they are administrative in nature. Additionally, the Labour Program conducted an assessment of modern treaty implications in accordance with the Cabinet Directive on the Federal Approach to Modern Treaty Implementation. This assessment concluded that the amendments will not disproportionally impact modern treaty holders.

Because the amendments are administrative in nature, do not bring forward any substantive changes to any of the six OHS regulations and were exempt from stakeholder consultation and prepublication in the Canada Gazette, Part I, there were no consultations held with modern treaty holders, or other Indigenous governing bodies.

Instrument choice

The options considered were maintaining the status quo or amending the existing six OHS regulations. Other options, such as policy guidelines or voluntary codes of practice, would not allow for enforcement of health and safety provisions, and would not address the concerns raised by the SJCSR. These amendments are administrative in nature and will work to support the existing regulatory health and safety requirements set out under Part II of the Code.

Regulatory analysis

Benefits and costs

The amendments will change reporting requirements in three different reports that federally regulated employers are required to submit to the Labour Program. The amendments will result in a small increase in costs to employers in federally regulated private sectors, departments of the federal public service, and Crown corporations.

The amendments will remove fields from the four different reports (i.e., EAHO Regular/Offboard, EAHO Onboard, HOI, and WPC) but since these fields were automatically filled by the Labour Program, there will not be cost savings to the federal government. The amendments will add new fields which will result in a small cost to federally regulated employers, including departments of the federal public service and Crown corporations. In terms of benefits, the requirement for employers to provide their business number will allow the Labour Program to track and classify stakeholder information more efficiently and accurately.

Small business lens

An analysis under the small business lens concluded that the amendments would impact small businesses. An estimated 21,014 small federally regulated private sector businesses (representing around 92% of all federally regulated businesses) will be affected by the requirement to provide their business number as part of their HOI Report. Given the relatively small incremental cost per business, no additional flexibility is being provided to small businesses when complying with the amended requirements.

One-for-one rule

One-for-one rule summary

The one-for-one rule applies as there would be incremental changes in the administrative burden on federally regulated private sector businesses associated with the additional time needed to fill the required information in the new fields of the three hazardous occurrence reporting forms.

There is no change in the number of regulatory titles since no regulatory titles are repealed or introduced. A detailed summary of the burden introduced can be found below.

One-for-one rule summary table
Regulatory amendment Total Annualized value Annualized Administrative Costs per Business IN or OUT
Costs to federally regulated private sector businesses: Providing a business number as part of the information required in HOI and WPC Reports $25,425 $3,619.97 $0.16 IN

Regulatory cooperation and alignment

Regulatory amendments are necessary to achieve regulatory alignment between the OHS regulations and the AMPs Regulations.

Effects on the environment

In accordance with the Cabinet Directive on Strategic Environmental and Economic Assessment, a preliminary scan concluded that a strategic environmental assessment is not required.

Gender-based analysis plus

Due to the administrative nature of these amendments, there will be no impact to any groups based on factors such as gender, sex, age, language, education, geography, culture, ethnicity, income, ability, sexual orientation, or gender identity.

Implementation, compliance and enforcement, and service standards

Implementation

The amendments will come into force on the day on which they are published in the Canada Gazette, Part II.

Compliance and enforcement

Compliance with the amendments to the six 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 direction to cease the contravention and take steps to prevent its reoccurrence. To address more serious or repeated violations, an AMP under Part IV of the Code may be issued. Designated OHS violations are listed and classified under Schedule 1 of the current AMPs Regulations. No additional inspectors or inspections, specifically related to these amendments are anticipated.

The Labour Program’s compliance policy outlines the proactive and reactive activities used by delegated officials to ensure compliance. Statutory powers allow delegated officials to enter work sites and perform various activities to enforce compliance with the Code and the OHS regulations. As these amendments only slightly alter existing reporting obligations by requiring employers to provide their business number, new compliance and enforcement mechanisms are not needed.

Contact

Marie-France Sanschagrin
Senior Director
Occupational Health and Safety Policy Unit
Workplace Directorate
Labour Program
Employment and Social Development Canada
165, De l’HĂ´tel-de-Ville Street, 10th Floor
Place du Portage, Phase II
Gatineau, Québec
K1A 0J2
Telephone: 613‑816‑1580
Email: EDSC.LAB.SST.POLITIQUES-LAB.OHS.POLICY.ESDC@hrsdc-rhdcc.gc.ca