Human Resources and Skills Development Canada
Symbol of the Government of Canada

Labour

www.labour.gc.ca

Enforcement

Part II of the Canada Labour Code is enforced by a series of escalating actions that depend on the seriousness of the violation and the co-operation of the workplace.

Assurance of Voluntary Compliance

The Assurance of Voluntary Compliance (AVC) is typically the first level of enforcement. This is the employer's or employee's written commitment to a Labour Program health and safety officer to correct the contraventions described in the AVC, and to provide a written confirmation of compliance to the health and safety officer by a specific date. However, the AVC is never to be used to correct a situation of danger.

Direction

A direction is a formal written order directing the employer or employee to terminate and correct a contravention of the Code within a specified period. A Labour Program health and safety officer must issue a direction if, during an investigation or inspection, the officer determines that a "danger" exists, or if corrective actions specified in a previous AVC have not been completed.

Employers, employees, or trade unions may request an appeal of a direction. However, the request does not act as a "stay" of the direction; this means compliance with the direction must continue until an appeals officer rescinds the direction.

The Occupational Health and Safety Tribunal Canada (formerly the Canada Appeals Office) reviews the appeal and may uphold, rescind or amend the direction.

Prosecution

If a Labour Program health and safety officer determines that a contravention of Part II of the Canada Labour Code has been committed, a prosecution may be initiated with the consent of the Minister.

Prosecutions are typically initiated as a result of serious contraventions or when corrective action, as required by a direction, has not been taken.

Charges must be laid within one year of the date of the offence. The maximum penalties for such offences range from $100,000 to $1,000,000 with a maximum of two years imprisonment.

Footer

Date Modified:
2012-02-28