Reacting to Non-Compliance Within the Public Service - 700-5-IPG-035

3.1 Definitions

"Labour Affairs Officers" includes a Health and Safety Officer and an Appeals Officer.

"Employer" means a person who employs one or more employees and includes an employer's organization and any person who acts on behalf of an employer. In the Public Service context, it includes an agency acting on behalf of the Treasury Board, a department or any person who acts in a managerial capacity on behalf of a department.

"Responsible Manager" means the person who has the authority to designate the funds necessary to effect corrective measures, and/or has control over the conduct of employees while at work.

"Building Custodian" means the person who has the responsibility of orchestrating the department's accommodation requirements vis-à-vis leasing agreements, fit-up of space, etc.

"Property Manager" means the person who manages a property on a day-to-day basis on behalf of the custodian (usually on a contractual basis). There may be some cases where the building custodian also acts as the property manager.

3.2

In handling non-compliance within the Public Service, the LAO's role will be to ensure that compliance activities are undertaken with the appropriate parties following the standard procedures set out in OPDs 700-5, Response to Non-compliance with Part II of the Canada Labour Code, and 969-3, Enforcement of Treasury Board Fire Protection Standards.

It is also to be noted that while this present IPG is applicable to the Public Service, the same approach is to be used with any other large employer in the federal jurisdiction.

3.3 Procedures in Dealing With Public Service Department/Agencies

1. Upon reviewing the assignment, the LAO is to make a judgement as to whether to request the involvement of the building custodian/ property manager at the outset. Depending upon the nature of the assignment, they should be invited to participate. The department/agency should initiate the actual invitation at the LAO's request. In the case of MOU assignments, dealings are likely to be with the custodian and/or property manager directly.
2. The onus is on the responsible manager of the department/agency and the building custodian/property manager to determine their respective responsibilities. In general the department/agency is most likely to be responsible for violations involving equipment, furniture, personal protective equipment, etc. whereas the building custodian/property manager is more likely to be responsible for the building structure including elevators, fire protection equipment, ventilation, and other similar building systems.

3. It is primarily the responsibility of the department/agency to involve the appropriate custodian/property manager. If necessary, the LAO will make contact with the custodian/property manager to elicit cooperation.

   Where both parties agree as to who is responsible for taking corrective measures, the standard process for achieving compliance will be followed. (Refer to OPDs 700-5, Response to Non-compliance with Part II of the Canada Labour Code, and 969-3, Enforcement of Treasury Board Fire Protection Standards.)

4. Where the two parties cannot agree on their responsibilities, the LAO has a number of options available to gain compliance. It is imperative that the LAO ensure the matter is not unduly delayed because the parties are unable to decide who has the authority to implement corrective measures. Consideration should be given to the type and severity of the infraction, and the time frames which will be necessary to seek Assurances of Voluntary Compliance or issue Directions to both the department/agency and the building custodian/property manager.

   Every effort must be made to identify the responsible manager, by name, of each department.