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Bill C-288

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2nd Session, 37th Parliament,
51 Elizabeth II, 2002

House of Commons of Canada

BILL C-288

An Act to amend the Canada Labour Code (defibrillators in the work place)

R.S., c. L-2

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. The Canada Labour Code is amended by adding the following after section 125.2:

Definitions

125.21 (1) The following definitions apply in this section.

``defibrillator' '
« défibrillateu r »

``defibrillator'' means an automated external device that provides an electric shock to a patient's heart during a cardiac arrest to stop fibrillation and resuscitate the patient.

``trained employee''
« employé qualifié »

``trained employee'' means an employee who is employed at a work place and who has taken the prescribed training on the use of a defibrillator.

Defibrillator and trained employee on site

(2) Every employer shall, in respect of a work place controlled by the employer, ensure that there is available at the work place, at all times when employees are working at the work place or members of the public are visiting the work place,

    (a) a defibrillator; and

    (b) at least one trained employee.

Accessibility

(3) The defibrillator must be stored at the work place and in a manner that ensures that it is readily accessible for use.

Large work places

(4) The regulations may prescribe that more than one defibrillator and more than one trained employee be available at all times, when employees are working or members of the public are visiting, at a work place

    (a) where a large number of employees normally work;

    (b) where a large number of members of the public normally visit; or

    (c) that occupies a large area.

Exception

(5) This section does not apply to a work place if the number of employees who normally work at the work place and the number of members of the public who normally visit the work place is less than the prescribed numbers.

When very few employees present

(6) The regulations may prescribe circumstances in which a trained employee need not be available at the work place during times when very few employees or members of the public are normally present.

No liability

125.22 No criminal or civil proceedings lie against a person who uses, in good faith, a defibrillator made available pursuant to section 125.21 to assist another person who has or appears to have had a cardiac arrest, in respect of the death of, or injury or loss, to that other person.