BILL C-97 - First Reading

Meetings of committee	(7) A work place committee shall meet during regular working hours at least nine times a year at regular intervals and, if other meetings are required as a result of an emergency or other special circumstances , the committee shall meet as required whether or not during regular working hours.
	Provisions Common to Policy and Work Place Committees
Appointment of members	135.1 (1) Subject to this section, a committee established under section 134.1 or 135 shall consist of at least two persons and at least half of the members shall be employees who
	(a) do not exercise managerial functions; and
	(b) subject to any regulations made under subsection (14), have been selected by
	(i) the employees, if the employees are not represented by a trade union, or
	(ii) the trade union representing employees, in consultation with any employees who are not so represented.
Exception - policy committee	(2) Despite subsection (1) and if provided in a collective agreement or other agreement, the members of a policy committee established under section 134.1 may include persons who are not employees.
Exception - work place committee	(3) If there is no policy committee, a work place committee may, when dealing with an issue that would come within the responsibilities of a policy committee, appoint two additional members, and, unless otherwise provided in a collective agreement or other agreement, one of the additional members shall be an employee who meets the criteria set out in paragraphs (1)(a) and (b).
Notification	(4) If a trade union fails to select a person under subparagraph (1)(b)(ii), a health and safety officer 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 subparagraph (1)(b)(ii).
Failure to select	(5) If no person is selected under paragraph (1)(b) to be appointed to a committee, the employer shall perform the functions of the committee until a person is selected and the committee is established.
Alternate members	(6) The employer and employees may select alternate members to serve as replacements for members of a committee who are unable to perform their functions. Alternate members for employee members shall meet the criteria set out in paragraphs (1)(a) and (b).
Chairpersons	(7) A committee shall have two chairpersons selected from among the committee members. One of the chairpersons shall be selected by the employee members and the other shall be selected by the employer members.
Chairpersons to assign functions	(8) The chairpersons of a committee shall jointly designate members of the committee to carry out the functions of the committee under this Part as follows:
	(a) if two or more members are designated, at least half of the members shall be employee members; or
	(b) if one person is designated, the person shall be an employee member.
Records	(9) A committee shall keep accurate records of all matters that come before it, keep minutes of its meetings and make the minutes and records available to a health and safety officer on the officer's request.
Absence from work	(10) The members of a committee are entitled to be absent from their work during the time necessary
	(a) to attend meetings or to perform any of their other functions; and
	(b) for the purposes of preparation and travel, as authorized by both chairpersons of the committee.
Payment of wages	(11) A committee member who is absent from work under paragraph (10)(a) or (b) is deemed to be at work and shall be compensated by the employer at the member's regular rate of pay or premium rate of pay, as specified in the collective agreement or, if there is no collective agreement, in accordance with the employer's policy.
Wages for alternate members	(12) Alternate members are entitled to be absent from work and to payment of wages as provided for in subsections (10) and (11) only while they are actually performing the functions of the committee member they are replacing.
Limitation of liability	(13) No person serving as a member of a committee is personally liable for anything done or omitted to be done by the person in good faith under the authority or purported authority of this Part .
Regulations	(14) The Governor in Council may make regulations
	(a) specifying the qualifications and terms of office of members of a committee ;
	(b) specifying the time and place of regular meetings of a committee;
	(c) specifying the method of selecting members of a committee if employees are not represented by a trade union;
	(d) specifying the method of selecting the chairpersons of a committee and their terms of office;
	(e) establishing any procedures for the operation of a committee that the Governor in Council considers advisable;
	(f) requiring copies of minutes of committee meetings to be provided by and to any persons that the Governor in Council may prescribe;
	(g) requiring a committee to submit an annual report of its activities to a specified person in the prescribed form within the prescribed time; and
	(h) specifying the manner in which a committee may exercise its powers and perform its functions.
Regulation may be general or specific	(15) A regulation made under subsection (14) may be made applicable generally to all committees or particularly to one or more committees or classes of committees .
Committee may establish rules	(16) Subject to subsections 134.1(5) and 135(7) and any regulations made under subsection (14) , a committee shall establish its own rules of procedure in respect of the terms of office, not exceeding two years, of its members and the time, place and frequency of regular meetings of the committee and may establish any procedures for its operation that it considers advisable.
	Health and Safety Representatives
Appointment of health and safety represen- tative	136. (1) Every employer shall, for each work place controlled by the employer at which fewer than twenty employees are normally employed or for which an employer is not required to establish a work place committee , appoint the person selected in accordance with subsection (2) as the health and safety representative for that work place.
Selection of person to be appointed	(2) The employees at a work place referred to in subsection (1) who do not exercise managerial functions shall, or if those employees are represented by a trade union, the trade union shall, in consultation with any employees who are not so represented and subject to any regulations made under subsection (9) , select from among those employees a person to be appointed as the health and safety representative for that work place and shall advise the employer in writing of the name of the person so selected.
Notification	(3) If a trade union fails to select a person under subsection (2), a health and safety officer may so notify in writing the local branch of the trade union and shall send a copy of the notification to the trade union's national or international headquarters and to the employer.
Failure to select a represen- tative	(4) The employer shall perform the functions of the health and safety representative until a person is selected under subsection (2).
Powers and duties of represen- tative	(5) A health and safety representative, in respect of the work place for which the representative is appointed,
	(a) shall consider and expeditiously dispose of complaints relating to the health and safety of the employees;
	(b) shall ensure that adequate records are maintained pertaining to work accidents, injuries, health hazards and the disposition of complaints related to the health and safety of employees and regularly monitor data relating to those accidents, injuries, hazards and complaints;
	(c) shall meet with the employer as necessary to address health and safety matters, programs for the prevention of hazards in the work place that include health and safety education and, if there is no policy committee, any issue that would come within the responsibilities of a policy committee;
	(d) shall participate in all inquiries, investigations, studies and inspections pertaining to the health and safety of employees, including any consultations that may be necessary with persons who are professionally or technically qualified to advise the representative on those matters;
	(e) shall cooperate with health and safety officers;
	(f) may request from an employer any information that the representative considers necessary to identify existing or potential hazards with respect to materials, processes, equipment or activities;
	(g) shall have full access to all government and employer reports, studies and tests relating to the health and safety of employees, or to the parts of those reports, studies and tests that relate to the health and safety of employees, but shall not have access to the medical records of any person except with the person's consent;
	(h) shall carry out monthly inspections of parts of the work place so that the whole work place is inspected in the course of every year;
	(i) shall participate in the development of health and safety policies and programs;
	(j) shall assist the employer in identifying and assessing the concentration and level of hazardous substances to which employees may be exposed; and
	(k) shall participate in the development, implementation and monitoring of programs for the provision of personal protective equipment or clothing.
Absence from work	(6) A health and safety representative is entitled to be absent from work during the time necessary
	(a) to attend meetings or to perform any of the representative's other functions; and
	(b) for the purposes of preparation and travel, as authorized by both chairpersons of the policy committee or, if there is no policy committee, as authorized by the employer.
Payment of wages	(7) A representative who is absent from work under paragraph (6)(a) or (b) is deemed to be at work and shall be compensated by the employer at the representative's regular rate of pay or premium rate of pay, as specified in the collective agreement or, if there is no collective agreement, in accordance with the employer's policy.
Limitation of liability	(8) No health and safety representative is personally liable for anything done or omitted to be done by the representative in good faith under the authority or purported authority of this section.
Regulations	(9) The Governor in Council may make regulations specifying
	(a) the qualifications and term of office of a health and safety representative;
	(b) the method of selecting a health and safety representative if employees are not represented by a trade union; and
	(c) the manner in which a health and safety representative may exercise their powers and perform their functions.
Committees or represen- tatives for certain work places	137. Notwithstanding sections 135 and 136, if an employer controls more than one work place referred to in section 135 or 136 or the size or nature of the operations of the employer or those of the work place precludes the effective functioning of a single work place committee or health and safety representative, as the case may be, for those work places, the employer shall, subject to the approval of or in accordance with the direction of a health and safety officer, establish or appoint in accordance with sections 135 and 135.1 or 136, as the case may require, a work place committee or health and safety representative for the work places that are specified in the approval or direction.
R.S., c. 26 (4th Supp.), s. 3	11. (1) Subsections 137.1(1) to (6) of the Act are replaced by the following:
Establish- ment of Commission	137.1 (1) There is hereby established a Coal Mining Safety Commission, in this section referred to as the ``Commission''. Subject to subsection (2.1), the Commission shall consist of not more than five members to be appointed by the Minister to hold office during pleasure .
Members of Commission	(2) One member of the Commission shall be designated chairperson of the Commission by the Minister and the others shall be equally representative of the non-supervisory employees employed in coal mines and of the employers of those employees.
Alternate chairperson	(2.1) The Minister may appoint, by order, and under the terms and conditions specified in the order, any person as an alternate chairperson to act in the absence or incapacity of the chairperson. An alternate chairperson, while acting as chairperson, has all the powers, duties and immunity of the chairperson.
Selection and tenure	(3) The manner of selection of the members of the Commission, other than the chairperson and any alternate chairperson , and the term of office of the members of the Commission shall be such as may be prescribed.
Quorum	(4) A quorum of the Commission consists of the chairperson or alternate chairperson , one member representative of non-supervisory employees and one member representative of employers.
Health and safety officers ineligible	(5) No health and safety officer is eligible to be appointed to the Commission or as alternate chairperson under subsection (2.1) , or to be designated for the purposes of subsection 137.2(1) or (2).
Remunera- tion	(6) The members of the Commission, including an alternate chairperson , shall be paid the remuneration that may be fixed by the Governor in Council and, subject to the approval of the Treasury Board, any reasonable travel and living expenses that are incurred by them while performing their functions away from their ordinary place of residence.
For greater certainty	(2) For greater certainty, members of the Commission who hold office immediately before the coming into force of this Act continue in office during good behaviour for the remainder of their term, but may be removed by the Minister for cause.
R.S., c. 26 (4th Supp.), s. 3	12. (1) Subsection 137.2(1) of the Act is replaced by the following:
	137.2 (1) The Commission or persons designated by the Commission for the purposes of this subsection may approve in writing, with or without modification, plans or procedures submitted in accordance with paragraph 125.3(1)(d).
R.S., c. 26 (4th Supp.), s. 3	(2) The portion of subsection 137.2(2) of the Act before paragraph (a) is replaced by the following:
Approval of methods, machinery, equipment	(2) On the application of an employer, the Commission or persons designated by the Commission for the purposes of this subsection may, if , in the opinion of the Commission or those persons , protection of the health and safety of employees would not thereby be diminished,
R.S., c. 26 (4th Supp.), s. 3	(3) The portion of subsection 137.2(3) of the Act before paragraph (a) is replaced by the following:
Exemptions and substitutions	(3) On the application of an employer, the Commission may, if in its opinion protection of the health and safety of employees would not thereby be diminished, by order,
R.S., c. 9 (1st Supp.), s. 4	13. (1) Subsections 138(1) and (2) of the Act are replaced by the following:
Special committees	138. (1) The Minister may appoint committees of persons to assist or advise the Minister on any matter that the Minister considers advisable concerning occupational health and safety related to employment to which this Part applies.
Remunera- tion and expenses	(1.1) At the discretion of the Minister, persons appointed to committees under subsection (1) may be paid the remuneration that may be fixed by the Minister and, in accordance with any applicable Treasury Board directives, any reasonable travel and living expenses that are incurred by them while performing their functions away from their ordinary place of residence.
Inquiries	(2) The Minister may cause an inquiry to be made into and concerning occupational health and safety in any employment to which this Part applies and may appoint one or more persons to hold the inquiry.
R.S., c. 9 (1st Supp.), s. 4	(2) Subsection 138(5) of the Act is replaced by the following:
Publication of information	(5) The Minister may publish the results of any research undertaken under subsection (4) and compile, prepare and disseminate data or information bearing on health or safety of employees obtained from that research or otherwise.
R.S., c. 9 (1st Supp.), s. 4, c. 24 (3rd Supp.), ss. 6, 7; 1993, c. 42, ss. 9(F), 10	14. The heading before section 139 and sections 139 to 148 of the Act are replaced by the following:

Provisions Common to Policy and Work Place Committees

Health and Safety Representatives