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Identification Requirements and Controls - OPD 101-2

Canada Labour Code, Part II - OPDs

No.: 101-2
Date: 2005-01-28

1. Purpose

This directive provides the procedures to issue and control identification cards and certificates of authority to employees within the Human Resources and Skills Development Canada Labour Program - National Labour Operations Directorate and to health and safety officers and regional health and safety officers within the extended jurisdiction.

2. Scope

This directive applies to all HRSDC Labour Program and extended jurisdiction officials who issue or are in receipt of statutory identification cards and certificates of authority and/or administrative identification cards.

Appendix A details:

  • statutory and administrative identification cards;
  • persons with the authority to designate and/or confirm persons to inspector, health and safety officer, regional health and safety officer, employment equity officer and/or federal fire authority;
  • the training requirements to be fulfilled prior to persons being designated or confirmed; and
  • the legislative references, where appropriate.

3. Background

Human Resources and Skills Development Canada, Labour Program - National Labour Operations Directorate is responsible for the administration of the:

  • Canada Labour Code, Parts II and III;
  • Non-smokers' Health Act;
  • Fair Wages and Hours of Labour Act;
  • Employment Equity Act; and
  • Treasury Board policy and standards on fire protection matters.

This directive consolidates the procedures to be followed to issue, modify, suspend or revoke statutory and/or administrative identification cards and certificates of authority to persons:

  • delegated powers under the legislation; and/or
  • performing an enhanced service delivery function that supports Labour Program - National Labour Operations Directorate Fire Protection or Workplace Equity programs.

4. Definitions

"administrative identification card" means identification issued to persons confirmed as employment equity officers and to persons confirmed as a federal fire authority;

"Code" means Canada Labour Code;

"Director" means the senior executive officer responsible for Labour Program - National Labour Operations Directorate regional field delivery for a defined geographic area;

"Director General" refers to the Director General HRSDC Labour Program - National Labour Operations Directorate;

"employment equity officer" means a person who is confirmed as an employment equity officer to promote and verify compliance with the Employment Equity Act;

"extended jurisdiction" refers to employees of Transport Canada and National Energy Board Canada carrying out duties under Part II of the Code;

"federal fire authority" means a person confirmed to promote and verify compliance with Treasury Board policy and standards on fire protection matters;

"Fire Protection Engineer" is a job title given to a professional engineer employed by HRSDC Labour Program delivering fire protection engineering services;

"health and safety officer" means a person who is designated as a health and safety officer under section 140 of the Code;

"HRSDC" means Human Resources and Skills Development Canada;

"identification cards" means administrative and statutory identification cards;

"inspector" means a person designated as an inspector under section 249 of the Code;

"Labour Affairs Officer" is a job title given to a person employed by HRSDC-Labour Program and pursuant to Section 3.3 of OPD 104-1;

"Labour Program" refers to Human Resources and Skills Development Canada, Labour Program - National Labour Operations Directorate;

"regional health and safety officer" means a person designated as a regional health and safety officer under subsection 140(1) of the Code;

"statutory identification card" means identification issued to persons designated as inspectors, health and safety officers and/or regional health and safety officers pursuant to the Canada Labour Code;

"Workplace Equity Officer" is a job title given to a person employed by HRSDC-Labour Program who delivers the federal contractors, legislative employment equity and/or equal pay programs pursuant to the Employment Equity Act, sections 42 and 43, and section 182 of the Code.

5. Authority

5.1 The Minister of Labour has delegated his/her authority to persons occupying certain positions within the Labour Program and, in their absence, those who act for them, to exercise the powers, duties and function of the Minister of Labour to:

  • designate health and safety officers and regional health and safety officers;
  • provide a certificate of authority to health and safety officers;
  • designate inspectors and furnish inspectors with a certificate of authority.

Designations may also be revoked or suspended by the Minister or those acting on behalf of the Minister.

5.2 The Director General authorizes persons occupying certain positions within the Labour Program and, in their absence, those who act for them, to:

  • confirm employment equity officers and furnish employment equity officers with administrative identification cards;

  • confirm persons as a federal fire authority and furnish them with administrative identification cards;

    • to facilitate these persons in carrying out their duties as representatives of the Minister of Labour and the National Labour Operations Directorate of the Labour Program.

Confirmations may also be revoked or suspended by the Director General or those acting on behalf of the Director General.

5.3 Appendix A lists the authorities delegated at the ministerial level and the authorities given internal to the public service and the applicable legislation or policy.

6. Guiding Principles

  1. Identification cards are not to be used or displayed for any purpose other than the purpose for which the card was issued.
  2. Holders of identification cards will exercise their duties and/or powers in accordance with HRSDC values and ethics.
  3. Identification cards shall be produced and/or worn, at the request of a client, to demonstrate:
    • the Labour Program or extended jurisdiction employee's authority; and
    • any statutory powers or limitations thereon, derived from the authority.
  4. Persons with the authority to designate health and safety officers, inspectors and/or regional health and safety officers shall ensure that the applicant has successfully completed the training pursuant to Appendix A.
  5. Persons with the authority to confirm employment equity officers and persons as a federal fire authority shall ensure that the applicant has successfully completed training pursuant to Appendix A.
  6. Statutory identification cards and certificates of authority will be issued in accordance with Justice Canada's Principles for the Attribution of Federal Enforcement Powers (Appendix B).
  7. Persons with the authority to renew identification cards will ensure that the card applicant:
    • requires the identification card to carry out the potential range of duties likely to be assigned;
    • possesses current and up-to-date information and knowledge related to the designation or confirmation.
  8. Identification cards shall be suspended when;
    • a Labour Program or extended jurisdiction employee is on a planned leave of absence or extended sick leave lasting more than six months;
    • a Labour Program or extended jurisdiction employee is occupying an assignment position lasting more than six months outside the Labour Program or extended jurisdiction;
    • the duties, functions and/or powers of a Labour Program or extended jurisdiction employee have been restricted for a specified period.

  9. Identification cards shall be revoked and the cards returned to the Director General when an extended jurisdiction employee terminates employment with Transport Canada or National Energy Board.

    Identification cards shall be revoked and the cards returned to the Director when a Labour Program employee terminates his or her position with HRSDC, Labour Program - National Labour Operations Directorate.

    Identification cards shall also be revoked when the holder of the card accepts an indeterminate position within their organization and the new position does not require identification or the authorities or powers derived from the identification to perform his or her duties.

7.0 Statutory Identification Cards and Certificates of Authority

7.1 Statutory identification cards and certificates of authority will be issued to persons designated as:

  • health and safety officers;
  • inspectors; and
  • regional health and safety officers.

7.2 Extended Jurisdiction

The Director General may, on behalf of the Minister, designate health and safety officers and regional health and safety officers pursuant to the Code for the extended jurisdiction.

7.3 Labour Program Employees

The Director General or the Director may, on behalf of the Minister, designate Labour Program employees as health and safety officers, inspectors and regional health and safety officers pursuant to the Code, subsection 9(1) of the Non-smokers' Health Act and/or pursuant to section 2 of the Fair Wages and Hours of Labour Regulations.

Persons designated as regional health and safety officers must also be designated as health and safety officers pursuant to the Code. This additional designation, by the Director General or Director, is necessary for regional health and safety officers to carry out their duties where the powers of a health and safety officer are required.

7.4 Photo identification cards will be prepared for health and safety officers, inspectors and regional health and safety officers. Certification statements on the cards will reflect references to the Code and as required the Non-smokers' Health Act and/or Fair Wages and Hours of Labour Regulations. Certificate statements will clearly state any limitations on the powers normally conferred to the designation.

There is provision for issue and expiry dates, signature of the holder, and a certification number on the card. A signature block for/on behalf of the Minister of Labour is also provided.

8.0 Administrative Identification Cards

8.1 Administrative identification cards will be issued to persons confirmed as:

  • employment equity officers;
  • a federal fire authority.

8.2 Labour Program Employees

The Director General or the Director may confirm Labour Program employees as employment equity officers or as a federal fire authority.

8.3 Photo identification cards will be prepared for employment equity officers and persons confirmed as a federal fire authority. Statements on the cards will reflect references to the Employment Equity Act or Treasury Board policy and standards on fire protection matters.

There is provision for issue and expiry dates, signature of the holder, and an identification number on the card. A signature block for/on behalf of the Director General, National Labour Operations Directorate, Labour Program, is also provided.

9.0 Training

Identification cards and certificates of authority will only be issued after the applicant has completed the appropriate training related to the designation or confirmation as outlined in Appendix A and as follows:

Extended jurisdiction training has been completed and verified in accordance with the agreements between Transport Canada, National Energy Board and HRSDC Labour Program.

Persons occupying the following job titles:

Fire Protection Services Engineer orientation to Treasury Board policy and standards on fire protection matters has been completed and verified;

Labour Affairs Officer basic training course has been completed and verified prior to the commencement of the on-the-job-training phase in accordance with OPD 104-1, National Training Program;

Workplace Equity Officer training has been completed and verified prior to the commencement of the on-the-job training phase in accordance with the Workplace Equity Program National Training.

Other Labour Program employees:

Training related to the designation or confirmation as outlined in Appendix A has been completed and verified.

10.0 General Identification Controls

10.1 A HRSDC-Labour Program employee may hold both a statutory and an administrative identification card.

10.2 A person will be assigned one identification number** for the duration of his/her training and employment with HRSDC, Labour Program, or the extended jurisdiction.

A person holding both statutory and administrative identification cards will have one identification number.

10.3 Statutory identification cards may cite more than one designation.

10.4 Identification cards are issued for a maximum five-year period.

10.5 New, amended, additional and renewal identification cards will be processed for:

  • new employees;
  • employee name change;
  • change in appearance of holder of card - new photograph required;
  • additional training completed - additional designation or confirmation and certification statement required;
  • additional designation - regional health and safety officer;
  • removal of a designation or conformation;
  • lost or stolen identification cards**.

** When a lost or stolen identification card is not recovered, the card must be revoked and a new card with a new identification number issued. If the employee was in possession of both a statutory and administrative card, both cards must be revoked and new cards issued.

11.0 Procedures

New, amended, additional and renewal statutory and/or administrative identification cards.

11.1 Extended jurisdiction

An employee shall apply for a new, amended or renewal statutory identification card, designating him or her as a health and safety officer and/or regional health and safety officer by:

The manager verifies the information and training and submits the form to the extended jurisdiction Chief for submission to the Director General.

After approval by the Director General, the Director General's office will enter the employee's name, training and designation in the LA2000 administration module and issue the identification.

11.2 Labour Program Employees

  1. An employee shall apply for a new, amended, additional or renewal statutory identification card, confirming him or her as a health and safety officer, inspector and/or regional health and safety officer by:

    The manager verifies the information and training and submits the form to the Director for processing.

    After approval by the Director, the Director's office will enter the employee's name, training and designation in the LA2000 administration module and issue the identification.

  2. An employee shall apply for an administrative identification card, confirming him or her as an employment equity officer or federal fire authority by:

    The manager verifies the information and training and submits the form to the Director for processing.

    After approval by the Director, the Director's office will enter the employee's name, training and designation in the LA2000 administration module and issue the identification.

11.3 Labour Program Employees and Extended Jurisdiction

Signature of the Director General or Director and the employee must appear in the designated box on the application form for scanning purposes.

Cards will be produced electronically by SDC Security Services at NHQ by sending:

  • a completed form; and
  • one passport-size photo, on a blue background to:

c/o Identification Card
HRSDC - National Labour Operations Directorate
Program Coordination and Planning Division
165 Hotel-de-Ville Street
Phase II, 10th Floor
Ottawa, ON K1A 0J2

11.4 Expiration dates will be flagged by the LA2000 database 60 days in advance to allow renewal.

Notice reports of identification card expiration will be forwarded to the extended jurisdiction Chief or Labour Program Director advising of the expiration of identification cards.

11.5 Replacement of Lost or Stolen Identification Cards

Immediately revoke the employee's lost or stolen identification card(s) by entering an expiry date in LA2000. Complete Appendix D and process as directed.

11.6 Suspending or Revoking Identification Cards

The authority to suspend or revoke statutory identification cards rests with the Minister and the Minister's authorized delegates as outlined in section 5 of this OPD.

The authority to suspend administrative identification cards rests with the Director General and persons authorized by the Director General as outlined in section 5 of this OPD.

Appendix E details the procedures to suspend or revoke identification.

12. Conclusion

This directive is intended to set out Labour Program policy and procedures regarding issuing and controlling identification cards and certificates of authority to employees within the Labour Program - National Labour Operations Directorate and to health and safety officers and regional health and safety officers within the extended jurisdiction.

Director General
National Labour Operations Directorate
HRSDC-Labour Program

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Date Modified:
2012-08-14