NRGO Committee Meeting

Meeting No. 31

Tuesday, May 16, 2000

The Standing Committee on Natural Resources and Government Operations met at 11:20 a.m. this day, in Room 362, East Block, the Chair, Joseph Volpe, presiding.

Members of the Committee present: Réginald Bélair, Tony Ianno, Carmen Provenzano, Werner Schmidt, Brent St. Denis and Joseph Volpe.

Acting Members present: Dale Johnston for David Chatters; Monique Guay for Serge Cardin; Judi Longfield for Tony Valeri; Pat Martin for Yvon Godin.

In attendance: From the Parliamentary Research Branch of the Library of Parliament: Grant Purves, Research Officer.

Witnesses: From the Department of Human Resources Development Canada: Gerry Blanchard, Director General, Operations, Labour; Bill Worona, Director, Occupational Safety and Health and Fire Prevention, Operations; Rick Seaman, Program Consultant, Occupational Safety and Health and Fire Prevention, Operations; Michèle Beauchamp, Program Consultant, Occupational Safety and Health and Fire Prevention, Operations.

Pursuant to its Order of Reference of Friday, March 24, 2000, the Committee resumed consideration of Bill C-12, An Act to amend the Canada Labour Code (Part II) in respect of occupational health and safety, to make technical amendments to the Canada Labour Code (Part I) and to make consequential amendments to other Acts (See Minutes of Proceedings, Tuesday, May 9, 2000 , Meeting No. 28).

The Committee proceeded to Clause-by-Clause consideration of the Bill.

Clause 1 carried.

On Clause 2,

Monique Guay moved, -- That Bill C-12, in Clause 2, be amended

(a) by replacing lines 20 and 21 on page 1 with the following:

"to cause injury or illness to a person exposed to it, including a woman who is pregnant or nursing and to the foetus of a pregnant woman, before the hazard or condition can be"

(b) by replacing line 25 on page 1 with the following:

"or activity and includes any exposure to working conditions that are likely to be dangerous to nursing mothers and any exposure to a"

After debate, the question being put on the amendment, it was adopted.

Pat Martin moved, -- That Bill C-12, in Clause 2, be amended by deleting lines 17 to 23, on page 2.

After debate, the question being put on the amendment, it was adopted.

Clause 2, as amended, carried.

Clause 3 carried.

Clause 4 carried.

On Clause 5,

Pat Martin moved, -- That Bill C-12, in Clause 5, be amended by replacing line 42 on page 6 with the following:

"safety representatives receive 120 hours of pre-"

After debate, the question being put on the amendment, it was negatived by a show of hands : YEAS : 1 ; NAYS : 5.

Pat Martin moved, -- That Bill C-12, in Clause 5, be amended by adding after line 7 on page 9 the following:

"(z.20) make special provisions for the protection of the health and safety of employees working alone."

After debate, the question being put on the amendment, it was negatived by a show of hands : YEAS : 2 ; NAYS : 6.

Clause 5 carried.

Clause 6 carried.

Clause 7 carried.

On Clause 8,

Pat Martin moved, -- That Bill C-12, in Clause 8, be amended by replacing line 15 on page 12 with the following:

"circumstance in a work place that constitutes a contravention of this Act or is likely"

After debate, the question being put on the amendment, it was negatived by a show of hands : YEAS : 1 ; NAYS : 6.

Pat Martin moved, -- That Bill C-12, in Clause 8, be amended by deleting lines 33 to 35 on page 12.

After debate, the question being put on the amendment, it was adopted on division.

Clause 8, as amended, carried.

Clause 9 carried.

On Clause 10,

Pat Martin moved, -- That Bill C-12, in Clause 10, be amended by adding after line 34 on page 21 the following:

"(3.1) For greater certainty, once a risk to the health of the employee or of the foetus or child is established, the provisions of Division VII of Part III of this Act shall apply."

After debate, the question being put on the amendment, it was negatived by a show of hands : YEAS : 3 ; NAYS : 5.

Monique Guay moved, -- That Bill C-12, in Clause 10, be amended by deleting lines 25 to 28 on page 25.

After debate, the question being put on the amendment, it was negatived by a show of hands : YEAS : 2 ; NAYS : 4.

Monique Guay moved, -- That Bill C-12, in Clause 10, be amended

(a) by replacing lines 29 and 30 on page 25 with the following:

"(3) On receipt of a joint request from the parties that is submitted in the form and manner"

(b) by replacing line 38 on page 25 with the following:

"order, exempt them from the require-"

After debate, the question being put on the amendment, it was negatived by a show of hands : YEAS : 2 ; NAYS : 4.

Pat Martin moved, -- That Bill C-12, in Clause 10, be amended by deleting lines 29 to 39 on page 25.

After debate, the question being put on the amendment, it was, by a show of hands, negatived : YEAS : 2 ; NAYS : 5.

 Pat Martin moved, -- That Bill C-12, in Clause 10, be amended by replacing line 2 on page 29 with the following:

"during regular working hours at least twelve"

After debate, the question being put on the amendment, it was negatived by a show of hands : YEAS : 3 ; NAYS ; 5.

Clause 10 carried.

At 12:43 p.m., the sitting was suspended.

At 12:50 p.m., the sitting resumed.

On Clause 11,

Monique Guay moved, -- That Bill C-12, in Clause 11, be amended by replacing line 12 on page 36 with the following:

"following an open competition under the Public Service Employment Act to hold office during pleasure."

After debate, the question being put on the amendment, it was negatived by a show of hands : YEAS : 3 ; NAYS : 5.

Monique Guay moved, -- That Bill C-12, in Clause 11, be amended by replacing line 18 on page 36 with the following:

"employers of those employees, and the chairperson and the others shall be designated following an open competition under the Public Service Employment Act."

After debate, the question being put on the amendment, it was negatived by a show of hands : YEAS : 3 ; NAYS : 4.

Monique Guay moved, -- That Bill C-12, in Clause 11, be amended by replacing lines 19 to 21 on page 36 with the following:

"(2.1) The Minister may, following an open competition under the Public Service Employment Act appoint any person as an alternate"

After debate, the question being put on the amendment, it was negatived by a show of hands : YEAS : 2 ; NAYS : 4.

Monique Guay moved, -- That Bill C-12, in Clause 11, be amended by replacing lines 27 to 31 on page 36 with the following:

"(3) The manner of selection of the members of the Commission, including the chairperson, shall be determined in accordance with the Public Service Employment Act."

After debate, the question being put on the amendment, it was negatived by a show of hands : YEAS : 1 ; NAYS : 4.

Monique Guay moved, -- That Bill C-12, in Clause 11, be amended by adding after line 31 on page 36 the following:

"(3.1) The term of office of the members of the Commission, including the chairperson and an alternate chairperson shall be fixed, by regulation, by the Public Service Commission."

After debate, the question being put on the amendment, it was negatived by a show of hands : YEAS : 1 ; NAYS : 4.

Monique Guay moved, -- That Bill C-12, in Clause 11, be amended by replacing lines 43 to 45 on page 36 with the following:

"including the chairperson and an alternate chairperson, shall be paid the remuneration that shall be fixed by the Treasury Board and subject to the"

After debate, the question being put on the amendment, it was negatived by a show of hands : YEAS : 2 ; NAYS : 4.

Monique Guay moved, -- That Bill C-12, in Clause 11, be amended by replacing line 11 on page 37 with the following:

"Minister for cause on the recommendation of such committee of the House of Commons as may be established or designated by that House to consider matters relating to human resources."

After debate, the question being put on the amendment, it was negatived by a show of hands : YEAS : 2 ; NAYS : 3.

Clause 11 carried on division.

Clause 12 carried.

On Clause 13,

Monique Guay moved, -- That Bill C-12, in Clause 13, be amended by replacing lines 1 to 4 on page 38 with the following:

"(1.1) Persons appointed to those committees may be paid the remuneration fixed by the Treasury Board and, in accordance with any applica-"

After debate, the question being put on the amendment, it was negatived by a show of hands : YEAS : 3 ; NAYS : 5.

Monique Guay moved, -- That Bill C-12, in Clause 13, be amended by replacing line 12 on page 38 with the following:

"Part applies and may appoint, from a list of persons recommended by the Public Service Commissions, one or more"

After debate, the question being put on the amendment, it was negatived by a show of hands : YEAS : 2 ; NAYS : 4.

Monique Guay moved, -- That Bill C-12, in Clause 13, be amended by replacing line 16 on page 38 with the following:

"(5) The Minister shall publish the results of"

After debate, the question being put on the amendment, it was negatived by a show of hands : YEAS : 3 ; NAYS : 5.

Clause 13 carried on division.

On Clause 14,

Pat Martin moved, -- That, Bill C-12, in Clause 14, be amended by deleting lines 25 to 37 on page 38.

After debate, the question being put on the amendment, it was, by a show of hands, negatived : YEAS : 3 ; NAYS : 5.

Monique Guay moved, -- That Bill C-12, in Clause 14, be amended by replacing line 1 on page 39 with the following:

"140. (1) The Minister may, following an open competition under the Public Service Employment Act, designate as a"

After debate, the question being put on the amendment, it was negatived by a show of hands : YEAS : 3 ; NAYS : 4.

Monique Guay moved, -- That Bill C-12, in Clause 14, be amended by replacing line 20 on page 46 with the following:

"145.1 (1) The Minister may, following an open competition under the Public Service Employment Act, designate as an"

After debate, the question being put on the amendment, it was negatived.

Pat Martin moved, -- That Bill C-12, in Clause 14, be amended by replacing lines 29 to 31 on page 48 with the following:

"146.3 The decision of the regional health and safety officer may be appealed to the Board within thirty days after the date of the decision and, unless otherwise ordered by the Board, the appeal does not operate as a stay of the decision."

After debate, the question being put on the amendment, it was negatived by a show of hands : YEAS : 3 ; NAYS : 5.

Pat Martin moved, -- That Bill C-12, in Clause 14, be amended by replacing lines 27 to 33 on page 49 with the following:

"147.1 (1) An employer may, after all the investigations and appeals have been exhausted by the employee who has exercised rights under sections 128 and 129, take disciplinary action against the employee who the employer can demonstrate has wilfully abused those rights."

After debate, the question being put on the amendment, it was adopted.

Monique Guay moved, -- That Bill C-12, in Clause 14, be amended by replacing lines 10 to 30 on page 50 with the following:

"(2) Every person who contravenes a provision of this Part the direct result of which is the death of an employee is guilty of a criminal offence and liable
(a) if the offender is an individual, to imprisonment for life and to a minimum of punishment of imprisonment for a term of seven years;
(b) if the offender is a corporation, to a fine of not more than $ 10,000,000.
(2.1) Every person who contravenes a provision of this Part the direct result of which is serious illness of or serious injury to an employee is guilty of an offence and liable
(a) on conviction on indictment, to a fine of not more than $5,000,000 or to imprisonment for a term of not more than two years, or to both; or
(b) on summary conviction, to a fine of not more than $5,000,000.
(3) Every person who wilfully contravenes a provision of this Part knowing that the contravention is likely to cause the death of an employee is guilty of an offence and liable
(a) on conviction on indictment, to a fine of not more than $10,000,000 or to imprisonment for a term of not more than seven years, or to both; or
(b) on summary conviction, to a fine of not more than $10,000,000.
(3.1) Every person who wilfully contravenes a provision of this Part knowing that the contravention is likely to cause serious illness of or serious injury to an employee is guilty of an offence and liable
(a) on conviction on indictment, to a fine of not more than $5,000,000 or to imprisonment for a term of not more than two years, or to both; or
(b) on summary conviction, to a fine of not more than $5,000,000."

After debate, the question being put on the amendment, it was negatived by a show of hands : YEAS : 1 ; NAYS : 5.

Pat Martin moved, -- That Bill C-12, in Clause 14, be amended by adding after line 31 on page 50 the following:

"(3.1) When imposing a sentence, the court shall ensure that the sentence does not cause the loss of employment of any of the offender's employees."

After debate, the question being put on the amendment, it was negatived by a show of hands : YEAS : 2 ; NAYS : 6.

Monique Guay moved, -- That Bill C-12, in Clause 14, be amended by adding after line 10 on page 51 the following:

"148.1 The proceeds of every fine imposed under section 148 belongs to her Majesty in right of Canada and shall be paid by the person who receives it to the Minister who shall use the money to establish and maintain one or more occupational health and safety training programs."

After debate, the question being put on the amendment, it was negatived by a show of hands : YEAS : 2 ; NAYS : 6.

Monique Guay moved, -- That Bill C-12, in Clause 14, be amended by adding after line 10 on page 51 the following:

"(7) No employer sentenced to pay a fine under this Part shall, in order to pay the fine, commit an act leading to the loss of employment of one of his or her employees.
(8) Every person who commits the offence described in subsection (7) is guilty of an offence and liable on summary conviction to imprisonment for a term of not more than two years."

After debate, the question being put on the amendment, it was negatived by a show of hands : YEAS : 2 ; NAYS : 6.

Clause 14, as amended, carried on division.

On Clause 15,

Monique Guay moved, -- That Bill C-12, in Clause 15, be amended by replacing lines 15 and 16 on page 51 with the following:

"except with the consent of the Attorney General of Canada."

The question being put on the amendment, it was negatived by a show of hands : YEAS : 1 ; NAYS : 6.

Clause 15 carried on division.

Clause 16 carried.

Clause 17 carried.

Clause 18 carried.

Clause 19 carried on division.

Clause 20 carried on division.

Clause 21 carried.

Clause 22 carried on division.

Clause 23 carried.

Clause 24 carried.

Clause 25 carried.

Clause 26 carried on division.

Clause 27 carried.

Clause 28 carried.

Clause 29 carried.

Clause 30 carried.

Clause 31 carried.

The Title carried.

The Bill, as amended, carried on division.

ORDERED, -- That the Chair report Bill C-12 with amendments to the House as the Second Report of the Committee.

At 1:56 p.m., the Committee adjourned to the call of the Chair.

Marie Carrière

Clerk of the Committee

Richard Dupuis

Legislative Clerk