S.M. 2021, c. 16

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S.M. 2021, c. 16

Bill 11, 3^rd Session, 42^nd Legislature

The Workplace Safety and Health Amendment Act

Explanatory Note

This note is a reader's aid and is not part of the law.

This Act makes the following amendments to The Workplace Safety and Health Act:

a discriminatory action is now referred to as a reprisal;

the position of the chief prevention officer is eliminated;

a referral for a reprisal must now be made to a safety and health officer within six months after the date of the alleged reprisal;

an appeal of a decision made by a safety and health officer may be dismissed by the director if the appeal is frivolous or vexatious, or, in the case of a reprisal, if it was not referred to an officer within six months;

maximum fines for offences under the Act are increased.

Consequential amendments are made to The Workers Compensation Act.

(Assented to May 20, 2021)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. W210 amended

The Workplace Safety and Health Act is amended by this Act.

Section 1 is amended

(a) by repealing the definition "chief prevention officer"; and

(b) by striking out ""discriminatory action"" and substituting ""reprisal"".

Subclause 2(2)(e)(iv) is amended by striking out "discriminatory action" and substituting "a reprisal".

Clause 14(1)(e) is repealed.

Section 17.1 and the centred heading before it are repealed.

6(1)

Clause 37(1)(c) of the English version is amended by striking out "discriminatory action" and substituting "reprisal".

6(2)

Clause 37(1)(d) is amended by striking out "43" and substituting "43.1".

The following is added after section 37:

Confirmation of order or decision

37.1

Despite section 37, the director may make an order confirming an order or decision of a safety and health officer at any time after receiving a notice of appeal if

(a) the director is of the opinion that the matter under appeal is frivolous or vexatious; or

(b) in the case of an appeal of a reprisal, the director determines that the reprisal was not referred to a safety and health officer in the time period required by subsection 42.1(1.1).

Subsection 39(1) is amended by adding ", but an order or decision of the director under section 37.1 is final and cannot be appealed to the Board" at the end.

9(1)

The centred heading before section 42 is replaced with "REPRISALS".

9(2)

Subsection 42(1) is amended

(a) by replacing the section heading with "Reprisals prohibited"; and

(b) in the part before clause (a), by striking out "discriminatory action" and substituting "a reprisal".

9(3)

Subsection 42(2) is amended by striking out "discriminatory action" wherever it occurs and substituting "a reprisal".

10(1)

Subsection 42.1(1) is amended by striking out "discriminatory action" and substituting "a reprisal".

10(2)

The following is added after subsection 42.1(1):

Time limit

42.1(1.1)

A referral under subsection (1) must be made within six months after the date of the alleged reprisal.

10(3)

Subsection 42.1(2) is amended

(a) in the part before clause (a), by striking out "discriminatory action" and substituting "a reprisal";

(b) in clause (a), by striking out "discriminatory action" and substituting "reprisal"; and

(c) in clause (c), by striking out "discriminated against" and substituting "subjected to a reprisal".

10(4)

Subsection 42.1(3) is amended, in the section heading and the subsection, by striking out "discriminatory action" and substituting "reprisal".

10(5)

Subsection 42.1(4) is amended

(a) in clause (a), by striking out "discriminatory action" and substituting "a reprisal"; and

(b) in the part after clause (b), by striking out "discriminatory action" wherever it occurs and substituting "reprisal".

10(6)

Subsection 42.1(5) is amended

(a) in the part before clause (a), by striking out "discriminatory action" and substituting "a reprisal";

(b) in clause (a), by striking out "discriminatory action" and substituting "reprisal"; and

(c) in clause (c), by striking out "discriminated against" and substituting "subjected to a reprisal".

11(1)

Clause 53.1(1)(d) is amended by striking out "discriminatory action" and substituting "a reprisal".

11(2)

Clause 53.1(2)(d) is amended by striking out "discriminatory action" and substituting "a reprisal".

12(1)

Clause 55(1)(a) is amended

(a) by striking out "$250,000." and substituting "$500,000"; and

(b) by striking out "$25,000." and substituting "$50,000".

12(2)

Clause 55(1)(b) is amended

(a) by striking out "$500,000." and substituting "$1,000,000"; and

(b) by striking out "$50,000." and substituting "$100,000".

The following is added after subsection 55.1(2):

Unpaid additional penalties

55.1(3)

If an amount is ordered to be paid under subsection (1), the director may file the order in the Court of Queen's Bench, and on being filed the order may be enforced in the same manner and to the same extent as a judgment of that court.

Consequential amendments, C.C.S.M. c. W200

14(1)

The Workers Compensation Act is amended by this section.

14(2)

Subsection 1(1) is amended by repealing the definition "chief prevention officer".

14(3)

Clause 51.1(4.1)(b) is repealed.

14(4)

Clause 51.1(9)(d) is amended by striking out "and the chief prevention officer".

14(5)

Subsection 54.1(2.1) is repealed.

14(6)

Subsection 54.1(4) is amended by striking out "department, branch and chief prevention officer" and substituting "department and branch".

Coming into force

This Act comes into force on the day it receives royal assent.