OHS 1100 Mod 1

Modern Canadian Legal System

Explain the ‘Historic Compromise’

1917, BC Workers Compensation Act, workers exchanged the right to sue employers in civil court for a ‘no-fault’ right to compensation for injuries or illnesses arising from the workplace

Which province implemented the first comprehensive statue to deal solet with OHS?

Saskatchewan, 1972

In what legal forms is legislation passed?

Acts and/or statutes

Properties of acts & statutes

1. legally enforceable writtnen law

2. Difficult to change, must go through parliament/democratic procedure

3. Act provides authority to governing body which is responsible for enforcement & making regulation

Regulations

1. Enforceable as Act itself

2. Amended by Governer in Council

3. Only enforced under Act

Codes/Standards

Only enforceable when adopted in Act

Developed by govt agencies

T/F - A workplace is regulated under both Federal & provincial jurisdiction

False - regulated under one only

Legislation of federally regulated workplaces

Canadian Labour Code Part II

Workplaces that are federally regulated

1. Crown corporations

2. Federal govt employees

3. Emplpoyers of companies/sectors that operate across prov/int’l borders i.e. marine operations, banks, pipelines, etc.

4 Features of Provincial & Territorial Compensation Acts

1. Employers pay into a fund to finance system

2. Employers can’t be sued in civil court by employees

3. Employees right to ‘no-fault’ compensation for workplace injuries/accidents

4. Regulators have mechanism to cover costs