North America

    Labour Code

    Part II of the Canada Labour Code (‘the Code’) refers to occupational health and safety and seeks to to prevent accidents and injury to health arising out of, linked with or occurring in the course of employment.

    Last Updated: July 30, 2019

  • Section 124 of the Code prescribes that every employer must ensure that the health and safety at work of every person employed by the employer is protected.  

    In addition, Section 125 of the Code provides a list of specific duties for the employer in respect of every work place controlled by the employer and, in respect of every work activity carried out by an employee in a work place that is not controlled by the employer, to the extent that the employer controls the activity, such as to ensure that all permanent and temporary buildings and structures meet the prescribed standards, to install guards, guard-rails, barricades and fences in accordance with prescribed standards, to keep and maintain in prescribed form and manner prescribed health and safety records, among other things.   

    Under Section 125.1 of the Code, employers must ensure that concentrations of hazardous substances in the work place are controlled in accordance with prescribed standardsensure that all hazardous substances in the work place are stored and handled in the manner prescribed and ensure that all records of exposure to hazardous substances are kept and maintained in the prescribed manner and that personal records of exposure are made available to the affected employees, among others. 

    The Government of Canada has issued a Summary of Part II of the Code clarifying several provisions such as to whom the Code applies, the rights of employees, who can be exempted from its applications as well as the penalties under the Code.   

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