Administrative Updates To OHS Regulations Under The Canada Labour Code

The federal government has amended six occupational health and safety ("OHS") regulations under Part II of the Canada Labour Code, (R.S.C., 1985, c. L-2) (the "Code"). These administrative changes aim to streamline the language of OHS regulations to better align with amendments that were made to the Code in recent years. The following regulations have been amended by Regulation SOR/2025-79:

• Canada Occupational Health and Safety Regulations, SOR/86-304;
• Aviation Occupational Health and Safety Regulations, SOR/2011-87;
• On Board Trains Occupational Health and Safety Regulations, SOR/87-184;
• Maritime Occupational Health and Safety Regulations, SOR/2010-120("Maritime Regulations");
• Oil and Gas Occupational Safety and Health Regulations, SOR/87-612;
• Policy Committees, Work Place Committees and Health and Safety Representatives Regulations, SOR/2015-164("PWHS Regulations").

These amendments came into force on March 26, 2025, and apply to federally regulated employers. Although the changes are administrative in nature and have minimal substantive impact, employers should be aware of the following changes:

1. The term "readily available," is now defined across the applicable OHS regulations as "in respect of a document, present and easily accessible at the work place at all times; (facilement accessible)". Prior to this amendment, "readily available" was not defined in any of the regulations (except for the PWHS Regulations), despite its frequent use throughout those regulations.
2. Clarifications have been made to references to "source of ignition" in the OHS regulations. The Maritime Regulations and the other five other amended OHS regulations now clarify that a source of ignition is igniting an "airborne chemical agent or combination of agents" rather than the concentration of chemical agents as previously stated.
3. The term "occupational diseases" has been changed to "occupational illnesses" across the amended OHS regulations. This change aligns with the amendments made to the Code in 2021, which changed all references to "occupational disease" to "occupational illness".
4. The procedure for filing an annual report of workplace committee activities has been amended under subsection 9(3) of the PWHS Regulations. Previously, employers were required to publicly post a copy of the yearly report on workplace committee activities in a prominent location for a duration of two months. However, there was no explicit directive for the employer chairperson of the workplace committee to supply a copy of the report to the employer. The updated regulations now specify that the chairperson must provide a copy of the report to the employer, which ensures that the employer has the necessary documents to comply with the report posting requirement.
5. The Administrative Monetary Penalties (Canada Labour Code) Regulations (AMPs Regulations), SOR/2020-260 have been amended to ensure consistency with the other Regulations.

To view the original article click here

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.