Marginal note:Non-application of Statutory Instruments Act

121.3 Subsection 5(1) of the Statutory Instruments Act does not apply to a regulation made pursuant to section 121.1 or 121.2.

Definition of “regulation”

• 121.4 (1) In this section, “regulation” means a regulation made under subsection 121.2(2).

• Marginal note:Bargaining agents

  (2) A bargaining agent that represents a bargaining unit immediately before the time when a regulation is made to which the employees in the bargaining unit are subject continues, at that time, to represent the bargaining unit for the purposes of the application of the regulation.

• Marginal note:Collective agreements continued

  (3) Every collective agreement that is in force immediately before the time when a regulation is made that applies to employees who are subject to the collective agreement continues in force, at that time, under the regulation until its term expires.

• Marginal note:Notice to bargain

  (4) A notice to bargain given under this Part is deemed, at the time when a regulation is made to which the employees who are affected by the notice to bargain are subject, to have been given pursuant to the regulation on the day on which it was given.

• Marginal note:Acquired rights, etc.

  (5) Any rights, privileges or duties acquired under this Part by the bargaining unit, bargaining agent, employer or employees before the time when a regulation is made are deemed to have been acquired pursuant to the regulation on the day on which they were acquired.

• Marginal note:Decisions

  (6) A person or authority that, under an Act of the legislature of a province, is competent to decide a matter that is contemplated by this section in relation to a provision of an Act of the legislature of a province or an instrument made under such an Act may, on application by the employer or bargaining agent or, where the person or authority considers it appropriate, an employee, decide any matter that is contemplated by this section in relation to a regulation incorporating that provision.

Marginal note:Regulations

121.5 Notwithstanding section 121.4, the Governor in Council may make regulations respecting any matter referred to in that section in relation to a regulation made under subsection 121.2(2).

Marginal note:Definitions

• 122. (1) In this Part,

  “appeals officer”

  « agent d’appel »

  “appeals officer” means a person who is designated as an appeals officer under section 145.1;

  “Board”

  « Conseil »

  “Board” means the Canada Industrial Relations Board established by section 9;

  “collective agreement”

  « convention collective »

  “collective agreement” has the same meaning as in section 166;

  “danger”

  « danger »

  “danger” means any existing or potential hazard or condition or any current or future activity that could reasonably be expected to cause injury or illness to a person exposed to it before the hazard or condition can be corrected, or the activity altered, whether or not the injury or illness occurs immediately after the exposure to the hazard, condition or activity, and includes any exposure to a hazardous substance that is likely to result in a chronic illness, in disease or in damage to the reproductive system;

  “employee”

  « employé »

  “employee” means a person employed by an employer;

  “employer”

  « employeur »

  “employer” means a person who employs one or more employees and includes an employers’ organization and any person who acts on behalf of an employer;

  “hazardous substance”

  « substance dangereuse »

  “hazardous substance” includes a controlled product and a chemical, biological or physical agent that, by reason of a property that the agent possesses, is hazardous to the safety or health of a person exposed to it;

  “health and safety officer”

  « agent de santé et de sécurité »

  “health and safety officer” means a person who is designated as a health and safety officer under section 140;

  “health and safety representative”

  « représentant »

  “health and safety representative” means a person who is appointed as a health and safety representative under section 136;

  “policy committee”

  « comité d’orientation »

  “policy committee” means a policy health and safety committee established under section 134.1;

  “prescribe”

  « règlement »

  “prescribe” means prescribe by regulation of the Governor in Council or determine in accordance with rules prescribed by regulation of the Governor in Council;

  “regional health and safety officer”

  « agent régional de santé et de sécurité »

  “regional health and safety officer” means a person who is designated as a regional health and safety officer under section 140;

  “regional safety officer”

  “regional safety officer”[Repealed, 2000, c. 20, s. 2]

  “safety”

  « sécurité »

  “safety” means protection from danger and hazards arising out of, linked with or occurring in the course of employment;

  “safety and health committee”

  “safety and health committee”[Repealed, 2000, c. 20, s. 2]

  “safety and health representative”

  “safety and health representative”[Repealed, 2000, c. 20, s. 2]

  “safety officer”

  “safety officer”[Repealed, 2000, c. 20, s. 2]

  “work place”

  « lieu de travail »

  “work place” means any place where an employee is engaged in work for the employee’s employer;

  “work place committee”

  « comité local »

  “work place committee” means a work place health and safety committee established under section 135.

• Marginal note:Idem

  (2) In this Part, the expressions “controlled product”, “hazard symbol”, “Ingredient Disclosure List”, “label” and “material safety data sheet” have the same meanings as in the Hazardous Products Act.

• Marginal note:Idem

  (3) Except where otherwise provided in this Part, all other words and expressions have the same meanings as in Part I.