This note deals with the coming into force of the Amendments to Part II of the Canada Labour Code. The changes come into force on October 31, 2014 and the following email contains links to information regarding the changes and to the new IPG’s written or revised to deal with the changes.

Don Ashley
National Legislative Director
Teamsters Canada Rail Conference
Dear Federally Regulated Employer/Employee Representative:

As you are aware, amendments to the Canada Labour Code, Part II (Code) will be coming into force on October 31, 2014. These amendments will reinforce and strengthen the internal responsibility system, provide a clearer definition of danger, and restructure the refusal to work process to ensure that workplace parties collaboratively assess and address hazardous situations more effectively.

As part of the process for implementing these amendments, we invited our stakeholders to participate in consultations on the development of new and revised guidance documents. I would like to thank you for all your helpful and thoughtful feedback during the consultation phase. All comments were considered in the development of these documents. Additionally, the documents underwent a rigorous review by the Labour Program and our Legal Services Unit.

The Labour Program committed to having the documents available to you prior to the coming into force date. As such, please find below a list of the documents that have been developed/revised, together with hyperlinks to our website.

Interpretations, Policies and Guidelines (IPGs)
IPGs are intended to ensure that legislation is interpreted consistently and that programs are delivered effectively across the country by Labour Program employees trained in interpretation of regulatory requirements.

IPG-004 (Revised): Participation of the Work Place Health and Safety Committee or Representative

http://www.labour.gc.ca/eng/resources/ipg/004.shtml

IPG- 062 (Revised): Definition of Danger

http://www.labour.gc.ca/eng/resources/ipg/062.shtml

IPG- 070 (New): Danger as a Normal Condition of Employment

http://www.labour.gc.ca/eng/resources/ipg/070.shtml

IPG-083 (New): Complaint is Trivial, Frivolous, Vexatious or Made in Bad Faith

http://www.labour.gc.ca/eng/resources/ipg/083.shtml

Other Documents
These documents were prepared to provide guidance to workplace parties and provide context to the amendments.

Part II Amendments web page where you can find descriptions of the Part II changes and links to the legislation and relevant documents, including the relevant revised IPGs, pamphlets investigation template and Frequently Asked Questions.

http://www.labour.gc.ca/eng/health_safety/PartIIchanges.shtml

The revised Right to Refuse Dangerous Work pamphlet, which describes the new process for refusing to work and investigating refusals to work.

http://www.labour.gc.ca/eng/health_safety/pubs_hs/refuse.shtml

Attached to the above pamphlet is the “Investigation Reports for Employers and Health & Safety Committees or Representatives,” which can be used as a blank, fillable, electronic template for investigations undertaken by the employer, workplace health and safety committee, or representative.

http://www.servicecanada.gc.ca/cgi-bin/search/eforms/index.cgi?app=prfl&frm=lab1184&ln=eng

Frequently Asked Questions: This document was developed to answer frequently asked questions regarding the amendments to the Code.

http://www.labour.gc.ca/eng/health_safety/FAQPartII.shtml

PowerPoint presentation that highlights changes to the Code.

http://www.labour.gc.ca/eng/health_safety/PartIIppt.shtml
As always, if you have any questions regarding these amendments, please feel free to contact the Labour Program through our toll free number, 1-800-641-4049.