Regulations - frequently asked questions

The COHSR establish health and safety standards to address hazards, and prevent accidents and injuries in federally regulated workplaces.

They also aim to promote consistency with related Canadian regulations and to reflect current national and international standards in federally regulated industry practices.

Key elements of these regulations are measures for employers and employees to take to prevent accidents and injuries that occur in federally regulated workplaces, such as but not limited to:

• hazard prevention
• violence prevention in the workplace
• levels of sound
• personal protective equipment
• first aid
• electrical safety
• sanitation
• hazardous substances

The COHSR protect the health and safety, and reduces the sickness, injury and fatality rates, of employees in the federal jurisdiction.

This leads to direct economic benefits for business, such as lower workers’ compensation and health care costs and improved productivity.

There are some burdens to business due to compliance requirements.

Brenda Baxter

Director General

Workplace Directorate, Labour Program

819-654-4410

brenda.baxter@labour-travail.gc.ca

The CLSR specify how the labour standards of the Canada Labour Code, Part III are to be met and adhered to.

The provisions of Part III of the Canada Labour Code must always be read in conjunction with the CLSR and any other applicable regulations.

Key elements of the CLSR specify provisions pertaining to:

• hours of work
• age
• wages
• annual vacations
• general holidays
• keeping of records
• bereavement leave
• group and individual termination of employment and severance pay
• work-related illness and injury

The CLSR apply to all federally regulated employers and employees such as:

• banks
• marine shipping, ferry and port services
• air transportation, including airports, aerodromes and airlines
• railway and road transportation that involves crossing provincial or international borders
• canals, pipelines, tunnels and bridges (crossing provincial borders)
• telephone, telegraph and cable systems
• radio and television broadcasting
• grain elevators, feed and seed mills
• uranium mining and processing
• businesses dealing with the protection of fisheries as a natural resource
• many First Nation activities
• most federal Crown corporations
• private businesses necessary to the operation of a federal act

Brenda Baxter

Director General

Workplace Directorate, Labour Program

819-654-4410

brenda.baxter@labour-travail.gc.ca

The SHCRR describe standards for the administration of health and safety committees in federally regulated industries.

Key elements of this regulation are measures for employers and employees to take regarding the functioning of health and safety committees, such as but not limited to:

• policy committees and workplace committees
• health and safety representatives

The SHCRR describe standards for the administration of health and safety committees in federally regulated industries.

There are some burdens to business due to compliance requirements.

Brenda Baxter

Director General

Workplace Directorate, Labour Program

819-654-4410

brenda.baxter@labour-travail.gc.ca

The AOHSR establish health and safety standards for the federally regulated aviation industry in order to protect the health and safety of employees.

Key elements of these regulations include measures for employers and employees to take to prevent accidents that occur in the air transportation workplace. These relate to:

• sound levels
• electrical safety
• sanitation
• hazardous substances
• safety materials, equipment, devices and clothing
• materials handling
• first aid
• hazardous occurrence investigation, recording and reporting

The AOHSR protect the health and safety, and reduces the sickness, injury and fatality rates, of employees on board aircraft while in operation.

This leads to direct economic benefits for business, such as lower workers’ compensation and health care costs and improved productivity.

There are some burdens to business due to compliance requirements.

Brenda Baxter

Director General

Workplace Directorate, Labour Program

819-654-4410

brenda.baxter@labour-travail.gc.ca

The MOHSR establish health and safety standards for the federally regulated marine sector in order to protect the health and safety of employees.

They also aim to promote consistency with other related Canadian regulations and reflect current national and international standards in marine industry practices.

Key elements of these regulations are measures for employers and employees to take to prevent accidents that occur in the maritime workplace, including but not limited to:

• a hazard prevention program requiring marine sector employers to develop, implement and monitor a program for the prevention of hazards
• violence prevention in the workplace
• various provisions dealing with the safe usage of equipment and facilities

The MOHSR protect the health and safety, and reduces the sickness, injury and fatality rates, of employees in the federally regulated marine sector. Having a hazard prevention program and violence prevention policy in the workplace leads to better recognition of potential workplace safety hazards.

This leads to direct economic benefits for business, such as lower workers’ compensation and health care costs and improved productivity.

There are some burdens to business due to compliance requirements.

Brenda Baxter

Director General

Workplace Directorate, Labour Program

819-654-4410

brenda.baxter@labour-travail.gc.ca

The OGOHSR prescribe the health and safety standards for employees working in connection with exploration, drilling, production, conservation, processing or transportation of oil and gas on Canadian lands, as defined in the Canada Petroleum Resources Act.

Key elements of these regulations are measures to prevent accidents that occur in the oil and gas sector, including but not limited to:

• building safety standards
• sanitation
• procedures concerning hazardous substances
• safety materials, equipment, devices, and clothing
• machinery and tools
• material handling
• hazardous occurrence investigation, recording and reporting

The OGOHSR protect the health and safety, and reduce the sickness, injury and fatality rates of employees in the oil and gas sector.

This leads to direct economic benefits for business, such as lower workers’ compensation and health care costs and improved productivity.

There are some burdens to business due to compliance requirements.

Brenda Baxter

Director General

Workplace Directorate, Labour Program

819-654-4410

brenda.baxter@labour-travail.gc.ca

The Employment Equity Regulations (1996) refers to the Employment Equity Act, which seeks to remove barriers and achieve equality in the workplace for women, Aboriginal peoples, persons with disabilities and visible minorities. The Employment Equity Regulations are applied within federally regulated workplaces, so that no person shall be denied employment opportunities or benefits for reasons unrelated to ability.

Key elements of this regulation include:

• definitions and descriptions of terminology and processes required by the Act, as they apply to the implementation of employment equity
• employment equity reporting instructions for private-sector employers, including prescribed forms (Forms 1-6)
• designation of census metropolitan areas
• workforce self-identification questionnaire

Federally regulated private-sector businesses must satisfy the requirements prescribed by the Employment Equity Regulations or risk penalties for non-compliance. These requirements include developing and implementing an employment equity plan and submitting an annual report outlining annual progress in implementing employment equity within their workforce.

Maggie Trudel-Maggiore

Director General

Federal Programs Directorate, Labour Program

maggie.trudelmaggiore@labour-travail.gc.ca

The Motor Vehicle Operators Hours of Work Regulations cover standard hours of work for employees in the transport industry. This includes bus operators, city motor vehicle operators and highway motor vehicle operators employed by or connected with the operation of a business engaged in either: the transportation of goods or passengers by motor vehicle from any point within a province to any point outside that province; or the transportation of mail anywhere in Canada.

The key elements of this regulation:

• modify hours of work provisions of the Canada Labour Code for bus operators, city motor vehicle operators and highway motor vehicle operators
• modify the Code pertaining to overtime pay in situations of mixed employment (city/highway drivers/non-driving employees)
• provide that additional hours of work for motor vehicle operators in certain situations may be scheduled and worked despite the provision in the Code which require a full day of rest in a week

The Motor Vehicle Operators Hours of Work Regulations specify when overtime must be paid to motor vehicle operators by employers. A “city” motor vehicle operator must be paid an overtime rate for hours worked in excess of 9 hours in a day or 45 hours in a week, and a “highway” motor vehicle operator is entitled to overtime pay for hours worked in excess of 60 hours in a week.

Brenda Baxter

Director General

Workplace Directorate, Labour Program

819-654-4410

brenda.baxter@labour-travail.gc.ca

The OTOHSR establish health and safety standards to protect employees on board trains while the train is in operation, and address hazards that are unique to the working environment on board a train in addition to general occupational health and safety hazards.

Key elements of these regulations are measures for employers and employees to take to prevent accidents that occur in the on-board train workplace, such as but not limited to:

• elevating devices
• levels of lighting and sound
• electrical safety procedures
• procedures surrounding the use of hazardous substances
• usage of safety materials, equipment, devices, and clothing
• hazardous occurrence investigation, recording and reporting

The OTOHSR protect the health and safety, and reduce the sickness, injury and fatality rates, of employees on board trains while in operation.

This leads to direct economic benefits for business, such as lower workers’ compensation and health care costs and improved productivity.

There are some burdens to business due to compliance requirements.

Brenda Baxter

Director General

Workplace Directorate, Labour Program

819-654-4410

brenda.baxter@labour-travail.gc.ca

The Wage Earner Protection Program Act (WEPPA) enables the Wage Earner Protection Program Regulations to make payments to individuals in respect of wages owed to them by employers who are bankrupt or subject to a receivership.

The key elements of these regulations:

• elaborate on wages, termination of employment, controlling interest and managerial position
• prescribe amounts by which Wage Earner Protection Program payments may be reduced
• detail the allocation of payments to the different components of wages
• outline the timeframes and manner for payment applications, requests for review and requests for appeal
• outline the information that shall be provided by a trustee or receiver to the Minister and to applicants
• prescribe a trustee’s or receiver’s fees and expenses in relation to the performance of their duties under the WEPPA
• provide deadlines where the duty to assist is invoked

The regulations impact Canadian bankruptcy and insolvency firms.

Brenda Baxter

Director General

Workplace Directorate, Labour Program

819-654-4410

brenda.baxter@labour-travail.gc.ca