Bill 160, Occupational Health and Safety Statute Law Amendment Act, 2011

Sousa, Hon Charles Minister of Labour

Current Status: Royal Assent received Chapter Number: S.O. 2011 C.11

Viewing: Royal Assent (current version) pdf

Bill 160                                                        2011

An Act to amend the Occupational Health and Safety Act and the Workplace Safety and Insurance Act, 1997 with respect to occupational health and safety and other matters

Note: This Act amends or repeals more than one Act.  For the legislative history of these Acts, see the Table of Consolidated Public Statutes – Detailed Legislative History at www.e-Laws.gov.on.ca.

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Occupational Health and Safety Act

   1.  (1)  Subsection 1 (1) of the Occupational Health and Safety Act is amended by adding the following definition:

“Building Code” means any version of the Ontario Building Code that was in force at any time since it was made under the Building Code Act, 1974, the Building Code Act of the Revised Statutes of Ontario, 1980, the Building Code Act of the Revised Statutes of Ontario, 1990, the Building Code Act, 1992 or a successor to the Building Code Act, 1992; (“code du bâtiment”)

   (2)  The definition of “certified member” in subsection 1 (1) of the Act is repealed and the following substituted:

“certified member” means a committee member who is certified under section 7.6; (“membre agréé”)

   (3)  Subsection 1 (1) of the Act is amended by adding the following definition:

“Chief Prevention Officer” means the Chief Prevention Officer appointed under subsection 22.3 (1); (“directeur général de la prévention”)

   (4)  Subsection 1 (1) of the Act is amended by adding the following definitions:

“Office of the Employer Adviser” means the office continued under subsection 176 (2) of the Workplace Safety and Insurance Act, 1997; (“Bureau des conseillers des employeurs”)

“Office of the Worker Adviser” means the office continued under subsection 176 (1) of the Workplace Safety and Insurance Act, 1997; (“Bureau des conseillers des travailleurs”)

   2.  Part II of the Act is amended by adding the following section:

Administration of Act

   4.1  (1)  The Minister is responsible for the administration of this Act.

Powers of Minister

   (2)  In administering this Act, the Minister’s powers and duties include the following:

    1.  To promote occupational health and safety and to promote the prevention of workplace injuries and occupational diseases.

    2.  To promote public awareness of occupational health and safety.

    3.  To educate employers, workers and other persons about occupational health and safety.

    4.  To foster a commitment to occupational health and safety among employers, workers and others.

    5.  To make grants, in such amounts and on such terms as the Minister considers advisable, to support occupational health and safety.

Duty to consider

   (3)  In administering this Act, the Minister shall consider advice that is provided to the Minister under this Act.

   3.  The Act is amended by adding the following sections:

Standards – training programs

   7.1  (1)  The Chief Prevention Officer may establish standards for training programs required under this Act or the regulations.

Approval — training program

   (2)  The Chief Prevention Officer may approve a training program that is established before or after this subsection comes into force if the training program meets the standards established under subsection (1).

Standards – persons who provide training

   7.2  (1)  The Chief Prevention Officer may establish standards that a person shall meet in order to become an approved training provider.

Approval – persons who provide training

   (2)  The Chief Prevention Officer may approve a person who meets the standards described in subsection (1) as a training provider with respect to one or more approved training programs.

Amendment of standard

   7.3  (1)  The Chief Prevention Officer may amend a standard established under subsection 7.1 (1) or 7.2 (1).

Publication of standards

   (2)  The Chief Prevention Officer shall publish the standards established under subsections 7.1 (1) and 7.2 (1) promptly after establishing or amending them.

Time limit of approval

   7.4  (1)  An approval given under subsection 7.1 (2) or 7.2 (2) is valid for the period that the Chief Prevention Officer specifies in the approval.

Revocation, etc., of approval

   (2)  The Chief Prevention Officer may revoke or amend an approval given under subsection 7.1 (2) or 7.2 (2).

Information to be provided to Chief Prevention Officer

   (3)  The Chief Prevention Officer may require any person who is seeking an approval or is the subject of an approval under subsection 7.1 (2) or 7.2 (2) to provide the Chief Prevention Officer with whatever information, records or accounts he or she may require pertaining to the approval and the Chief Prevention Officer may make such inquiries and examinations as he or she considers necessary.

Collection and use of training information

   7.5  (1)  The Chief Prevention Officer may collect information about a worker’s successful completion of an approved training program for the purpose of maintaining a record of workers who have successfully completed approved training programs.

Disclosure by training provider

   (2)  The Chief Prevention Officer may require an approved training provider to disclose to him or her the information described in subsection (1).

Same

   (3)  The Chief Prevention Officer may specify the time at which, and the form in which, the information shall be provided.

Disclosure by Chief Prevention Officer

   (4)  The Chief Prevention Officer may disclose information collected under subsection (1) to any person, including but not limited to a current or potential employer of a worker, if the worker consents to the disclosure.

   4.  The Act is amended by adding the following section:

Certification of members

   7.6  (1)  The Chief Prevention Officer may,

  (a)  establish training and other requirements that a committee member shall fulfil in order to become a certified member; and

  (b)  certify a committee member who fulfils the requirements described in clause (a).

Transition

   (2)  A person who is certified under paragraph 5 of subsection 4 (1) of the Workplace Safety and Insurance Act, 1997 on the date section 20 of the Occupational Health and Safety Statute Law Amendment Act, 2011 comes into force is deemed to be certified under this section.

   5.  The Act is amended by adding the following section:

Delegation

   7.7  The Chief Prevention Officer may in writing delegate from time to time his or her powers or duties under subsections 7.1 (2) and 7.2 (2), sections 7.4 and 7.5 and clause 7.6 (1) (b) to any employee in the Ministry, subject to such limitations, restrictions, conditions and requirements as the Chief Prevention Officer may set out in the delegation.

   6.  Section 8 of the Act is amended by adding the following subsections:

Training requirement

   (5.1)  Unless otherwise prescribed, a constructor or employer shall ensure that a health and safety representative selected under subsection (5) receives training to enable him or her to effectively exercise the powers and perform the duties of a health and safety representative.

Same

   (5.2)  The training described in subsection (5.1) shall meet such requirements as may be prescribed.

Entitlement to be paid

   (5.3)  A health and safety representative is deemed to be at work while he or she is receiving the training described in subsection (5.1), and the representative’s employer shall pay the representative for the time spent, at the representative’s regular or premium rate as may be proper.

   7.  (1)  Section 9 of the Act is amended by adding the following subsection:

Powers of co-chairs

   (19.1)  If the committee has failed to reach consensus about making recommendations under subsection (18) after attempting in good faith to do so, either co-chair of the committee has the power to make written recommendations to the constructor or employer.

   (2)  Subsection 9 (20) of the Act is amended by striking out “committee” and substituting “committee or co-chair”.

   (3)  Subsection 9 (36) of the Act is amended by striking out “certified by the Workplace Safety and Insurance Board” and substituting “a certified member”.

   8.  (1)  The Act is amended by adding the following Part:

Part II.1
Prevention Council, Chief Prevention Officer and designated entities

Prevention Council

Prevention Council

   22.2  (1)  The Minister shall establish a council to be known as the Prevention Council in English and Conseil de la prévention in French.

Composition

   (2)  The Council shall be composed of such members as the Minister may appoint, and shall include representatives from each of the following groups:

    1.  Trade unions and provincial labour organizations.

    2.  Employers.

    3.  Non-unionized workers, the Workplace Safety and Insurance Board and persons with occupational health and safety expertise.

Same

   (3)  In appointing members of the Council, the Minister shall ensure that,

  (a)  an equal number of members are appointed to represent the groups described in paragraphs 1 and 2 of subsection (2); and

  (b)  the group described in paragraph 3 of subsection (2) is represented by not more than one-third of the members of the Council.

Appointment of members

   (4)  The members of the Council shall be appointed for such term as may be determined by the Minister.

Chair

   (5)  The members of the Council shall choose a chair from among themselves by the date fixed by the Minister; if they fail to do so, the Minister shall designate a member as chair.

Same

   (6)  Subsection (5) applies on the first appointment of members and thereafter whenever the office of chair is vacant.

Functions

   (7)  The Council shall,

  (a)  provide advice to the Minister on the appointment of a Chief Prevention Officer;

  (b)  provide advice to the Chief Prevention Officer,

           (i)  on the prevention of workplace injuries and occupational diseases,

          (ii)  for the purposes of the provincial occupational health and safety strategy and the annual report under section 22.3, and

         (iii)  on any significant proposed changes to the funding and delivery of services for the prevention of workplace injuries and occupational diseases;

   (c)  provide advice on any other matter specified by the Minister; and

  (d)  perform such other functions as may be specified by the Minister.

Advice

   (8)  For the purposes of subsection (7), any advice provided by the Council shall be communicated by the chair of the Council.

Remuneration and expenses

   (9)  Any member of the Council who is not a public servant within the meaning of the Public Service of Ontario Act, 2006 may be paid such remuneration and expenses as may be from time to time fixed by the Lieutenant Governor in Council.

Chief Prevention Officer

Chief Prevention Officer

Functions

   22.3  (1)  The Minister shall appoint a Chief Prevention Officer to,

  (a)  develop a provincial occupational health and safety strategy;

  (b)  prepare an annual report on occupational health and safety;

   (c)  exercise any power or duty delegated to him or her by the Minister under this Act;

  (d)  provide advice to the Minister on the prevention of workplace injuries and occupational diseases;

  (e)  provide advice to the Minister on any proposed changes to the funding and delivery of services for the prevention of workplace injuries and occupational diseases;

    (f)  provide advice to the Minister on the establishment of standards for designated entities under section 22.5;

  (g)  exercise the powers and perform the duties with respect to training that are set out in sections 7.1 to 7.5;

   (h)  establish requirements for the certification of persons for the purposes of this Act and certify persons under section 7.6 who meet those requirements;

    (i)  exercise the powers and perform the duties set out in section 22.7; and

    (j)  exercise such other powers and perform such other duties as may be assigned to the Chief Prevention Officer under this Act.

Appointment

   (2)  The Chief Prevention Officer may be appointed for a term not exceeding five years and may be reappointed for successive terms not exceeding five years each.

Occupational health and safety strategy

   (3)  The Chief Prevention Officer shall develop a written provincial occupational health and safety strategy that includes,

  (a)  a statement of occupational health and safety goals;

  (b)  key performance indicators for measuring the achievement of the goals; and

   (c)  any other matter specified by the Minister.

Advice of Prevention Council

   (4)  The Chief Prevention Officer shall consult with the Prevention Council and shall consider its advice in developing the strategy.

Strategy provided to Minister

   (5)  The Chief Prevention Officer shall provide the strategy to the Minister on or before a day specified by the Minister.

Minister’s approval

   (6)  The Minister may approve the strategy or refer it back to the Chief Prevention Officer for further consideration.

Publication

   (7)  After approving the strategy, the Minister shall publish it promptly.

Annual report

   (8)  The Chief Prevention Officer shall provide an annual written report to the Minister on occupational health and safety that includes a measurement of the achievement of the goals established in the strategy, and that contains such other information as the Minister may require.

Advice of Prevention Council

   (9)  The Chief Prevention Officer shall consult with the Prevention Council and shall consider its advice in developing the report.

Report provided to Minister

   (10)  The Chief Prevention Officer shall provide the annual report to the Minister on or before a day specified by the Minister.

Publication

   (11)  The Minister shall publish the Chief Prevention Officer’s report promptly.

Changes to Funding and Delivery of Services

If Minister proposes change

   22.4  (1)  If the Minister is considering a proposed change to the funding and delivery of services for the prevention of workplace injuries and occupational diseases, the Minister shall determine whether the proposed change would be a significant change.

If proposed change significant

   (2)  If the Minister determines that the proposed change is significant, the Minister shall seek advice from the Chief Prevention Officer with respect to the proposed change.

If Chief Prevention Officer advising on change

   (3)  If the Chief Prevention Officer is considering providing advice to the Minister concerning a proposed change to the funding and delivery of services for the prevention of workplace injuries and occupational diseases, the Chief Prevention Officer shall determine whether the proposed change would be a significant change.

Prevention Council endorsement

   (4)  If the Minister asks the Chief Prevention Officer for advice under subsection (2) or if the Chief Prevention Officer determines under subsection (3) that a proposed change would be a significant change, the Chief Prevention Officer shall,

  (a)  ask the chair of the Prevention Council to state whether the Council endorses the proposed change; and

  (b)  include that statement in the advice to the Minister.

Matters to consider in determining if change is significant

   (5)  The Minister and the Chief Prevention Officer shall consider such matters as may be prescribed when determining whether a proposed change to the funding and delivery of services for the prevention of workplace injuries and occupational diseases would be a significant change.

Regulation

   (6)  On the recommendation of the Minister, the Lieutenant Governor in Council may make regulations prescribing matters to be considered when determining whether a proposed change to the funding and delivery of services for the prevention of workplace injuries and occupational diseases would be a significant change.

Same

   (7)  Before recommending to the Lieutenant Governor in Council that a regulation be made under subsection (6), the Minister shall seek the advice of the Chief Prevention Officer and require the Chief Prevention Officer to seek the advice of the Prevention Council with respect to the matters to be prescribed.

   (2)  Part II.1 of the Act, as enacted by subsection (1), is amended by adding the following sections:

Designated Entities

Eligible for grant

   22.5  (1)  An entity that is designated under this section is eligible for a grant from the Ministry.

Designation by Minister

   (2)  The Minister may designate an entity as a safe workplace association or as a medical clinic or training centre specializing in occupational health and safety matters if the entity meets the standards established by the Minister.

Standards

   (3)  The Minister may establish standards that an entity shall meet before it is eligible to be designated.

Same

   (4)  The standards established under subsection (3) may address any matter the Minister considers appropriate, including governance, objectives, functions and operations.

Same

   (5)  The Minister may establish different standards for associations, clinics or centres serving different industries or groups.

Duty to comply

   (6)  A designated entity shall operate in accordance with the standards established under subsection (3) that apply to it, and in accordance with any other requirements imposed on it under section 22.6.

Amendment of standard

   (7)  The Minister may amend a standard established under subsection (3).

Date for compliance with amended standard

   (8)  If the Minister amends a standard established under subsection (3), the Minister shall establish a date by which designated entities to which the amended standard applies are required to comply with it.

Publication of standards

   (9)  The Minister shall promptly publish,

  (a)  the standards established under subsection (3); and

  (b)  standards amended under subsection (7), together with the compliance date described in subsection (8).

Transition

   (10)  When the Minister establishes and publishes standards under subsections (3) and (9) for the first time after the coming into force of subsection 8 (2) of the Occupational Health and Safety Statute Law Amendment Act, 2011, the Minister shall establish a date for the purposes of subsections (11) and (12) and shall publish it together with the standards.

Same

   (11)  An entity that is designated as a safe workplace association or as a medical clinic or training centre specializing in occupational health and safety matters under section 6 of the Workplace Safety and Insurance Act, 1997 on the date section 20 of the Occupational Health and Safety Statute Law Amendment Act, 2011 comes into force is deemed to be designated for the purposes of this Act until the date established by the Minister under subsection (10).

Same

   (12)  The standards that are in place under section 6 of the Workplace Safety and Insurance Act, 1997 on the date section 20 of the Occupational Health and Safety Statute Law Amendment Act, 2011 comes into force continue to apply, with necessary modifications, and are deemed to be standards for the purposes of this section, until the date established by the Minister under subsection (10).

Effect of designation

Directions

   22.6  (1)  The Minister may direct a designated entity to take such actions as the Minister considers appropriate.

Government directives

   (2)  In addition to the directions the Minister may issue under subsection (1), the Minister may direct an entity to comply with such government directives as the Minister specifies.

Failure to comply

   (3)  If an entity has committed any failure described in paragraphs 1 to 3 of subsection 22.7 (3), the Minister may,

  (a)  reduce or suspend grants to the entity while the non-compliance continues;

  (b)  assume control of the entity and responsibility for its affairs and operations;

   (c)  revoke the designation and cease to provide grants to the entity; or

  (d)  take such other steps as he or she considers appropriate.

Compliance and monitoring of designated entities

   22.7  (1)  The Chief Prevention Officer shall monitor the operation of designated entities and,

  (a)  may require a designated entity to provide such information, records or accounts as the Chief Prevention Officer specifies; and

  (b)  may make such inquiries and examinations as he or she considers necessary.

Report to Minister

   (2)  The Chief Prevention Officer shall report to the Minister on the compliance of designated entities with the standards established under section 22.5 and with any directions given by the Minister under section 22.6.

Advice to Minister

   (3)  Where the Chief Prevention Officer determines that any of the following have occurred, the Chief Prevention Officer shall report that determination to the Minister and may advise the Minister with respect to any action the Minister may decide to take under section 22.6:

    1.  A designated entity has failed to operate in accordance with a standard established under section 22.5 that applies to it.

    2.  A designated entity has failed to comply with a direction given by the Minister under section 22.6 or a requirement of the Chief Prevention Officer under clause (1) (a).

    3.  A designated entity has failed to co-operate in an inquiry or examination conducted by the Chief Prevention Officer under clause (1) (b).

Appointment of administrator

   22.8  (1)  For the purposes of assuming control of an entity and responsibility for its affairs and operations under clause 22.6 (3) (b), the Minister may appoint an administrator.

Term of appointment

   (2)  The appointment of the administrator remains valid until it is terminated by the Minister.

Powers and duties of administrator

   (3)  The administrator has the exclusive right to exercise the powers and perform the duties of the board of directors and its officers and exercise the powers of its members.

Same

   (4)  In the appointment, the Minister may specify the powers and duties of the administrator and the terms and conditions governing those powers and duties.

Additional power of administrator

   (5)  The board of directors and officers may continue to act to the extent authorized by the Minister, but any such act is valid only if approved, in writing, by the administrator.

Report, directions

   (6)  The administrator shall report to the Minister as required by him or her and shall carry out his or her directions.

Meeting of members

   (7)  Before the termination of an administrator’s appointment, the administrator may call a meeting of the members to elect a board of directors in accordance with the Corporations Act.

Unincorporated entity

   (8)  This section applies, with necessary modifications, to an entity that is not incorporated.

Delegation of powers and duties

   22.9  Despite section 5, the Minister may delegate his or her powers or duties under sections 22.5, 22.6 and 22.8 only to the Chief Prevention Officer.

   (3)  Subsection 22.8 (7) of the Act, as enacted by subsection (2), is amended by striking out “Corporations Act” and substituting “Not-For-Profit Corporations Act, 2010”.

   9.  Clause 25 (1) (e) of the Act is repealed and the following substituted:

  (e)  a building, structure, or any part thereof, or any other part of a workplace, whether temporary or permanent, is capable of supporting any loads that may be applied to it,

           (i)  as determined by the applicable design requirements established under the version of the Building Code that was in force at the time of its construction,

          (ii)  in accordance with such other requirements as may be prescribed, or

         (iii)  in accordance with good engineering practice, if subclauses (i) and (ii) do not apply.

   10.  Section 32.1 of the Act is repealed and the following substituted:

Definition

   32.1  In this Part,

“legal requirement” means a requirement imposed by a provision of this Act or by a regulation made under this Act.

   11.  Subsection 32.2 (1) of the Act is repealed and the following substituted:

Approval of code of practice

   (1)  The Minister may approve a code of practice and the approved code of practice may be followed to comply with a legal requirement specified in the approval.

Same

   (1.1)  An approval made under subsection (1) may be subject to such terms and conditions as the Minister considers appropriate and may be general or particular in its application.

   12.  Section 32.4 of the Act is repealed and the following substituted:

Effect of approved code of practice

   32.4  The following apply if a code of practice is approved under section 32.2:

    1.  Subject to any terms or conditions set out in the approval, compliance with the approved code of practice is deemed to be compliance with the legal requirement.

    2.  A failure to comply with the approved code of practice is not, in itself, a breach of the legal requirement.

   13.  (1)  Section 50 of the Act is amended by adding the following subsections:

Referral by inspector

   (2.1)  Where the circumstances warrant, an inspector may refer a matter to the Board if the following conditions are met:

    1.  The worker has not had the matter dealt with by final and binding settlement by arbitration under a collective agreement or filed a complaint with the Board under subsection (2).

    2.  The worker consents to the referral.

Same

   (2.2)  Any rules governing the practice and procedure of the Board apply with all necessary modifications to a referral made under subsection (2.1).

Referral not an order

   (2.3)  A referral made under subsection (2.1) is not an order or decision for the purposes of section 61.

   (2)  Subsection 50 (3) of the Act is amended by striking out “any complaint filed under subsection (2)” and substituting “any complaint filed under subsection (2) or referral made under subsection (2.1)”.

   (3)  Subsection 50 (4) of the Act is amended by striking out “a complaint filed under subsection (2)” and substituting “a complaint filed under subsection (2) or a referral made under subsection (2.1)”.

   (4)  Section 50 of the Act is amended by adding the following subsections:

Rules to expedite proceedings

   (4.1)  The chair of the Board may make rules under subsection 110 (18) of the Labour Relations Act, 1995 to expedite proceedings relating to a complaint filed under subsection (2) or a referral made under subsection (2.1).

Same

   (4.2)  Subsections 110 (19), (20), (21) and (22) of the Labour Relations Act, 1995 apply, with necessary modifications, to rules made under subsection (4.1).

   (5)  Subsection 50 (5) of the Act is amended by striking out “a complaint filed under subsection (2)” and substituting “a complaint filed under subsection (2) or a referral made under subsection (2.1)”.

   (6)  Subsection 50 (6) of the Act is repealed and the following substituted:

Jurisdiction when complaint by public servant

   (6)  The Board shall exercise jurisdiction under this section when a complaint filed under subsection (2) or a referral made under subsection (2.1) is in respect of a worker who is a public servant within the meaning of the Public Service of Ontario Act, 2006.

   (7)  Subsection 50 (7) of the Act is amended by striking out “a complaint filed under subsection (2)” and substituting “a complaint filed under subsection (2) or a referral made under subsection (2.1)”.

   (8)  Subsection 50 (8) of the Act is amended by striking out “subsection (2)” and substituting “subsections (2) and (2.1)”.

   14.  Part VI of the Act is amended by adding the following section:

Offices of the Worker and Employer Advisers

Office of the Worker Adviser

   50.1  (1)  In addition to the functions set out in section 176 of the Workplace Safety and Insurance Act, 1997, the Office of the Worker Adviser has the functions prescribed for the purposes of this Part, with respect to workers who are not members of a trade union.

Office of the Employer Adviser

   (2)  In addition to the functions set out in the section 176 of the Workplace Safety and Insurance Act, 1997, the Office of the Employer Adviser has the functions prescribed for the purposes of this Part, with respect to employers that have fewer than 100 employees or such other number as may be prescribed.

Costs

   (3)  In determining the amount of the costs that may be incurred by each office under subsection 176 (3) of the Workplace Safety and Insurance Act, 1997, the Minister shall take into account any functions prescribed for the purposes of this Part.

   15.  Clause 54 (1) (m) of the Act is repealed and the following substituted:

(m)  require in writing an owner, constructor or employer to provide, at the expense of the owner, constructor or employer, a report bearing the seal and signature of a professional engineer stating,

           (i)  the load limits of a building, structure, or any part thereof, or any other part of a workplace, whether temporary or permanent,

          (ii)  that a building, structure, or any part thereof, or any other part of a workplace, whether temporary or permanent, is capable of supporting or withstanding the loads being applied to it or likely to be applied to it, or

         (iii)  that a building, structure, or any part thereof, or any other part of a workplace, whether temporary or permanent, is capable of supporting any loads that may be applied to it,

                 (A)  as determined by the applicable design requirements established under the version of the Building Code that was in force at the time of its construction,

                 (B)  in accordance with such other requirements as may be prescribed, or

                 (C)  in accordance with good engineering practice, if sub-subclauses (A) and (B) do not apply;

   16.  Section 63 of the Act is amended by adding the following subsections:

Compellability of witnesses

   (3.1)  Persons employed in the Office of the Worker Adviser or the Office of the Employer Adviser are not compellable witnesses in a civil suit or any proceeding respecting any information or material furnished to or obtained, made or received by them under this Act while acting within the scope of their employment.

Exception

   (3.2)  If the Office of the Worker Adviser or the Office of the Employer Adviser is a party to a proceeding, a person employed in the relevant Office may be determined to be a compellable witness.

Production of documents

   (3.3)  Persons employed in the Office of the Worker Adviser or the Office of the Employer Adviser are not required to produce, in a proceeding in which the relevant Office is not a party, any information or material furnished to or obtained, made or received by them under this Act while acting within the scope of their employment.

   17.  (1)  Subsection 65 (1) of the Act is amended by adding the following clause:

  (b)  an employee in the Office of the Worker Adviser or the Office of the Employer Adviser;

   (2)  Subsection 65 (2) of the Act is amended by striking out “a Director, an inspector or an engineer of the Ministry” and substituting “a Director, the Chief Prevention Officer, an inspector or an engineer of the Ministry”.

   18.  (1)  Subsection 70 (2) of the Act is amended by adding the following paragraphs:

13.1 exempting any class of workplaces from the requirement set out in subsection 8 (5.1);

13.2 requiring that the training of health and safety representatives under subsection 8 (5.1) meet such requirements as may be prescribed;

   (2)  Subsection 70 (2) of the Act is amended by adding the following paragraph:

31.1 requiring that training programs provided by employers meet such requirements as may be prescribed;

   (3)  Subsection 70 (2) of the Act is amended by adding the following paragraph:

  53.  providing for such transitional matters as the Lieutenant Governor in Council considers necessary or advisable in connection with the implementation of section 22.5;

   (4)  Subsection 70 (2) of the Act is amended by adding the following paragraphs:

  54.  prescribing the functions of the Office of the Worker Adviser for the purposes of Part VI;

  55.  prescribing the functions of the Office of the Employer Adviser for the purposes of Part VI;

  56.  prescribing a number of employees for the purposes of subsection 50.1 (2).

Workplace Safety and Insurance Act, 1997

   19.  Paragraph 1 of section 1 of the Workplace Safety and Insurance Act, 1997 is repealed and the following substituted:

    1.  To promote health and safety in workplaces.

   20.  Part II (sections 3 to 10) of the Act is repealed.

   21.  Paragraph 3 of section 82 of the Act is amended by striking out “this Act or”.

   22.  Paragraph 1 of subsection 123 (2) of the Act is repealed.

   23.  (1)  Section 159 of the Act is amended by adding the following subsections:

First aid requirements

   (5.1)  The Board may require employers in such industries as it considers appropriate to have such first aid appliances and services as may be prescribed.

Repeal

   (5.2)  Subsection (5.1) is repealed on a day to be named by proclamation of the Lieutenant Governor.

   (2)  Subsection 159 (7) of the Act is amended by striking out “the prevention of injury and disease and”.

   (3)  Subsection 159 (8) of the Act is amended by striking out “the prevention of injury and disease and”.

   (4)  Section 159 of the Act is amended by adding the following subsection:

Exception

   (9.1)  The requirement in subsection (9) to obtain the approval of the Lieutenant Governor in Council does not apply to an agreement between the Board and the Ministry of Labour to exchange the information described in subsection (9).

   24.  (1)  Subsection 161 (1) of the Act is repealed and the following substituted:

Duties of the Board

   (1)  The Board shall administer the insurance plan and shall perform such other duties as it is assigned under this Act and any other Act.

   (2)  Subsection 161 (3) of the Act is repealed and the following substituted:

Duty to monitor

   (3)  The Board shall monitor developments in the understanding of the relationship between workplace insurance and injury and occupational disease,

  (a)  so that generally accepted advances in health sciences and related disciplines are reflected in benefits, services, programs and policies in a way that is consistent with the purposes of this Act; and

  (b)  in order to improve the efficiency and effectiveness of the insurance plan.

   25.  Paragraph 1 of subsection 171 (4) of the Act is repealed and the following substituted:

    1.  The employees of safe workplace associations that were designated under section 6 at any time before the repeal of that section by section 20 of the Occupational Health and Safety Statute Law Amendment Act, 2011.

  1.1  The employees of safe workplace associations designated under section 22.5 of the Occupational Health and Safety Act.

   26.  The Act is amended by adding the following section before the heading “Workplace Safety and Insurance Appeals Tribunal”:

Payments to construction workers

   172.1  The Board shall pay persons who are regularly employed in the construction industry for the time they spend fulfilling the requirements to become certified for the purposes of the Occupational Health and Safety Act.  However, the Board shall not pay persons who may represent management as members of a joint health and safety committee.

   27.  Subsection 176 (4) of the Act is repealed.

   28.  (1)  Paragraph 4 of subsection 179 (1) of the Act is repealed.

   (2)  Section 179 of the Act is amended by adding the following subsection:

Transition

   (1.1)  Despite the repeal of paragraph 4 of subsection (1) by subsection 28 (1) of the Occupational Health and Safety Statute Law Amendment Act, 2011, no action or other proceeding for damages may be commenced against persons employed by a safe workplace association, a medical clinic or a training centre designated under section 6 for an act or omission done or omitted by the person in good faith in the execution or intended execution of any power or duty under this Act before the date on which subsection 28 (1) of the Occupational Health and Safety Statute Law Amendment Act, 2011 comes into force.

Commencement

   29.  (1)  Subject to subsections (2), (3) and (4), this Act comes into force on the day it receives Royal Assent.

Same

   (2)  The following provisions come into force on a day to be named by proclamation of the Lieutenant Governor:

    1.  Section 6.

    2.  Section 13.

    3.  Section 14.

    4.  Section 16.

    5.  Subsection 17 (1).

    6.  Subsection 18 (1).

    7.  Subsection 18 (4).

    8.  Section 21.

Same

   (3)  The following provisions come into force on the earlier of April 1, 2012 and a day to be named by proclamation of the Lieutenant Governor:

    1.  Subsection 1 (2).

    2.  Section 2.

    3.  Section 4.

    4.  Section 7.

    5.  Subsection 8 (2).

    6.  Subsection 18 (3).

    7.  Section 19.

    8.  Section 20.

    9.  Section 22.

  10.  Subsections 23 (1), (2) and (3).

  11.  Sections 24 to 26.

  12.  Section 28.

Same

   (4)  Subsection 8 (3) comes into force on the later of,

  (a)  the earlier of April 1, 2012 and a day to be named by proclamation of the Lieutenant Governor; and

  (b)  the day section 24 of the Not-For-Profit Corporations Act, 2010 comes into force.

Short title

   30.  The short title of this Act is the Occupational Health and Safety Statute Law Amendment Act, 2011.

 

EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 160 and does not form part of the law.  Bill 160 has been enacted as Chapter 11 of the Statutes of Ontario, 2011.

 

The Bill amends the Occupational Health and Safety Act and the Workplace Safety and Insurance Act, 1997.

Amendments to the Occupational Health and Safety Act

Section 4.1, which specifies the Minister’s responsibility for the administration of the Act and sets out some of the Minister’s powers and duties in administering the Act, is added to Part II of the Act.

The Act is amended to allow the Chief Prevention Officer, appointed under Part II.1 of the Act, to establish standards for training programs and to approve programs that meet the standards.  The Chief Prevention Officer may also establish standards that a person must meet in order to become an approved training provider and may approve a person who meets the standards as a training provider with respect to one or more approved training programs and may collect information about workers’ successful completion of approved training programs for the purpose of maintaining a record.

Section 7.6, which allows the Chief Prevention Officer to establish training and other requirements that a member of a joint health and safety committee must fulfil in order to become a certified member, is added to the Act.  The Chief Prevention Officer may certify a committee member who meets the requirements.

Section 7.7 permits the Chief Prevention Officer to delegate certain powers and duties under sections 7.1 to 7.6 to an employee in the Ministry of Labour.

Section 8 of the Act is amended to require a constructor or employer to ensure that health and safety representatives receive training to enable them to effectively exercise the powers and perform the duties of a representative.

Section 9 of the Act is amended to allow either co-chair of a joint health and safety committee to make written recommendations to a constructor or employer if the committee fails to reach consensus.

The Bill adds Part II.1 (Prevention Council, Chief Prevention Officer and Designated Entities) to the Act.  Section 22.2 of the Act requires the Minister to establish a Prevention Council responsible for providing advice to the Minister on the appointment of a Chief Prevention Officer and providing advice to the Chief Prevention Officer on occupational health and safety matters.  Section 22.3 requires the Minister to appoint a Chief Prevention Officer responsible for developing a provincial occupational health and safety strategy, preparing an annual report on occupational health and safety and advising the Minister on occupational health and safety matters.  Section 22.4 requires that the advice of the Chief Prevention Officer and the position of the Prevention Council be obtained in respect of a proposed change to the funding and delivery of services for the prevention of workplace injuries and occupational diseases if the proposed change would be significant.  Sections 22.5 to 22.9 allow the Minister to designate an entity as a safe workplace association or as a medical clinic or training centre specializing in occupational health and safety matters if the entity meets the standards established by the Minister.  A designated entity must operate in accordance with the standards and with any other requirements imposed on it, and is eligible for a grant from the Ministry.

Part III.1 of the Act is amended to allow the Minister to approve codes of practice with respect to both statutory and regulatory requirements and specify that compliance with the code is deemed to be compliance with the requirement, subject to any terms or conditions set out by the Minister in the approval.

Section 50 of the Act is amended to allow an inspector to refer a matter to the Board where a worker alleges that his or her employer has violated the prohibition against reprisals and where circumstances warrant.  The matter cannot have been dealt with by final and binding settlement by arbitration under a collective agreement or by the worker filing a complaint with the Board and the worker must consent to the referral.

Section 50.1, which gives the Office of the Worker Adviser and the Office of the Employer Adviser prescribed functions for the purposes of Part VI of the Act, is added to the Act.

Section 63 of the Act is amended so that persons employed in the Office of the Worker Adviser or the Office of the Employer Adviser are not compellable witnesses in a civil suit or any proceeding respecting any information or material furnished to or obtained, made or received by them under the Act while acting within the scope of their employment.

Subsection 70 (2) of the Act is amended to add complementary regulation-making authority.

Provisions relating to the load bearing capacity of structures are updated to remove references to an engineering design method that is no longer current.

Other complementary and transitional amendments are made to the Act.

Amendments to the Workplace Safety and Insurance Act, 1997

Part II (Injury and Disease Prevention) of the Act is repealed.  The substance of subsection 4 (2) and section 10 of that Part (dealing with payments to constructions workers and first aid requirements that may be set by the Board) is re-enacted elsewhere in the Act.

Section 159 is amended to exempt information sharing agreements between the Board and the Ministry of Labour from the requirement that the agreement be approved by the Lieutenant Governor in Council.

Other complementary and transitional amendments are made to the Act.

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