CAALL — Canadian Association of Administrators of Labour Legislation
CAALL Bulletin - August 2009
Table of Contents
- First Ministers Agree to Better Process for Progress on First Nations Issues
- Yukon Regulates Psychiatric Nurses Under Health Professions Act
- Government of Canada Supports Labour Mobility for Registered Massage Therapists
- Government of Canada Signs First-Ever Immigration Agreement with Northwest Territories
- Government of Canada Publishes Proposed Maritime Occupational Health and Safety Regulations
- Saskatchewan Achieves Important Labour Mobility Milestone
- Increase to Minimum Wage Announced in New Brunswick
- Province Introduces New OHS Regulations in Newfoundland and Labrador
- Compulsory Certification for Motor Vehicle Body Repairers in Nova Scotia
- CUPE 3906 Gets First Contract for Post-Doctoral Fellows in Ontario
- Blitz Targets Workplace Chemical Hazards in Ontario
- Amendments to the Quebec Mining Regulation Planned for 2010
- Parliament/Legislatures/Assemblies
- Upcoming Events
First Ministers Agree to Better Process for Progress on First Nations Issues
Newly elected National Chief Shawn Atleo forged an important consensus among First Ministers at a meeting of the Council of Federation in August. Atleo was attending the Council of the Federation meeting in Regina along with Premiers from all Provinces and Territories and representatives from other National Aboriginal Organizations. National Chief Atleo brought forward specific recommendations and encouraged all Premiers to take important steps to demonstrate leadership, commitment and solid outcomes.
This meeting represents the sixth consecutive time that the Assembly of First Nations (AFN) has participated in the Council of the Federation. National Chief Atleo encouraged the Premiers to take this engagement further and to commit to a process to develop interests, sustain and track progress in between meetings.
National Chief Atleo encouraged every jurisdiction to work cooperatively to address the long list of outstanding interjurisdictional issues including H1N1, funding social programs, and lands and resources issues.
At the conclusion of meeting, on behalf of the Council of the Federation, Premier Brad Wall in Saskatchewan announced the formation of an Aboriginal Affairs Ministers Working Group to begin working immediately to develop issues and interests towards a proposed First Ministers Meeting in November 2010. This commitment represents significant agreement with a principal recommendation brought forward by the Assembly of First Nations.
Yukon Regulates Psychiatric Nurses Under Health Professions Act
Community Services Minister Archie Lang announced that Yukon has become the first territory to regulate psychiatric nurses. This is the second health profession after physiotherapists in 2007 to be regulated under the Health Professions Act.
The regulation also sets the scope of practice and establishes a complaint process to help guarantee Yukoners the proper standard of care.
Leadership on developing the regulation was provided by a working group of psychiatric nurses and representatives from the departments of Community Services, Health and Social Services, and Justice. Consultation with the public and the medical community demonstrated support for the regulation.
A link to the Registered Psychiatric Nurses Regulation and to the application form for individual psychiatric nurses can be found on the Community Services website at www.community.gov.yk.ca/consumer/pl.html.
Government of Canada Supports Labour Mobility for Registered Massage Therapists
The Government of Canada is helping registered massage therapists overcome labour mobility barriers across Canada. The Honourable Stockwell Day, Minister of International Trade, Minister for the Asia-Pacific Gateway and Regional Minister for British Columbia, made the announcement on behalf of the Honourable Diane Finley, Minister of Human Resources and Skills Development.
The College of Massage Therapists of British Columbia will receive $87,226 from the Government of Canada to organize a series of consultations for the industry’s regulators to develop a plan to create national standards for massage therapy.
While the main focus of this project is to help Canadian-trained registered massage therapists, full labour mobility will also apply to internationally trained workers who are certified to work in Canada.
Government of Canada Signs First-Ever Immigration Agreement with Northwest Territories
Citizenship, Immigration and Multiculturalism Minister Jason Kenney announced the signing of an agreement to help attract new immigrants to the Northwest Territories. Minister Kenney made the announcement with his territorial colleagues, Education, Culture and Employment Minister Jackson Lafferty, and Industry, Tourism and Investment Minister Bob McLeod.
Individuals nominated by the territorial government are eligible to have their application processed on a priority basis for permanent residency through Citizenship and Immigration Canada (CIC). Final authority rests solely with CIC to issue permanent residency.
Applicants can be nominated for permanent residency under one of four program categories:
- Skilled Worker;
- Critical Impact Worker (Service and Hospitality Sector Occupations);
- Entrepreneur Business; and,
- Self-Employed Business.
This is a three-year pilot program.
Government of Canada Publishes Proposed Maritime Occupational Health and Safety Regulations
The Honourable Rona Ambrose, Minister of Labour, and Canada's Transport Minister, John Baird, announced that the proposed Maritime Occupational Health and Safety Regulations have been pre-published in Part I of the Canada Gazette.The proposed Regulations would replace the existing Marine Occupational Safety and Health Regulations, which came into force under Part II of the Canada Labour Code in 1987.
The proposed Regulations follow consultations with the Canadian Marine Advisory Council and a large proportion of the marine industry in Canada, including major marine unions, employer groups and fleet owners.
The process for establishing new regulations includes pre-publication of the proposed regulations in Part I of the Canada Gazette, followed by an opportunity for comments. Regulations come into force on the day that they are registered for final publication in Part II of the Canada Gazette. Members of the public have 30 days to submit comments on the proposed Regulations to the Labour Program or Transport Canada.
Saskatchewan Achieves Important Labour Mobility Milestone
Saskatchewan has approved six exceptions under the recently amended Chapter 7 of the Agreement on International Trade (AIT).
The recent amendments to Chapter 7 of the AIT support full labour mobility by ensuring that any worker certified for an occupation by a regulatory authority of one province or territory is recognized as qualified for that occupation across the country. Under the amendments, provinces and territories are able to identify exceptions for occupations.
In the case of these six occupations, professionals moving to Saskatchewan will need to demonstrate they meet Saskatchewan standards as follows:
- Chiropractors from all jurisdictions - Basic Life Support, Level C;
- Dental Hygienists from all jurisdictions except Alberta and British Columbia - administration of local anaesthesia;
- Lawyers from Quebec - common law knowledge;
- Emergency Medical Responders (EMR) from all jurisdictions - administration of epinephrine pen and patient assist medications;
- Emergency Medical Technician Paramedics/Advanced Care Paramedics (EMT-P/ACP) from all jurisdictions - administration of blood and blood products and urinary catheterization; and,
- Emergency Medical Technician, Primary Care Paramedics (EMT-PCP) from all jurisdictions (New Brunswick for blood and blood products only) - administration of blood and blood products and urinary catheterization.
These exceptions are being implemented as the result of consultations with Saskatchewan's regulatory bodies. Exceptions may continue to be identified or removed in the future as Ministries continue to work with these regulatory bodies and other partners.
The amendments to the AIT, Chapter 7 come into effect once all jurisdictions have signed the 9th Protocol (agreement). These exceptions will come into effect after that date.
Increase to Minimum Wage Announced in New Brunswick
The mininum wage in New Brunswick will increase to $8.25 per hour on Sept. 1, up 25 cents per hour. This will be the second increase since April, taking the minimum wage in New Brunswick from $7.75 per hour to $8.25 per hour.
Post-Secondary Education, Training and Labour Minister Donald Arseneault said it is important to continue to give individuals and families the opportunity to have a better standard of living; it is also important to help them build a better future in New Brunswick.
As a result of the increase, an employee working 40 hours per week wage will earn $330. This will be up from the $268 that he or she earned after working a 40-hour week in October 2006.
For more information about the minimum wage, paid public holidays, and the Employment Standards Act, contact the Employment Standards Branch of the Department of Post-Secondary Education, Training and Labour at 1-888-452-2687, or visit the department's website.
Province Introduces New OHS Regulations in Newfoundland and Labrador
The Provincial Government unveiled new occupational health and safety regulations that will greatly improve the regulatory conditions under which employers and employees work. The new regulations will replace 30-year-old regulations and will come into force on September 1.
The department engaged the Occupational Health and Safety Advisory Council during the consultation process on issues where new policy is being set.
Highlights of the new regulations include:
- Recent Codes and Standards – Requirements to comply with the most recent version of a named code or standard as opposed to a specific version of that code or standard which could be outdated;
- Confined Space Entry - Procedures to enter an enclosed or partially enclosed space having restricted access and egress;
- Fall Protection – Addition of general requirements as well as identification of fall arrest systems and construction of guardrails;
- De-energization and lockout - Proper procedures for de-energizing and locking out equipment prior to performing work on that equipment;
- Noise Hazards - Requirements to establish and maintain a hearing conservation program where noise exposures exceed permissible levels;
- Blasting - Clarification of blaster responsibilities and industry-accepted safe blasting practices;
- Ergonomic Requirements - Requirements to identify and assess risks and provide education and training to workers who may be exposed to musculoskeletal injuries;
- Working Alone - Requirements to develop a written procedure for checking the well-being of employees who work alone;
- Crane Operators - New requirements to certify operators who must have the appropriate trade qualification as determined by the Department of Education; and
- Violence Prevention - New requirements to have employers conduct a risk assessment, establish procedures to control the risk and communicate those procedures to the workers.
In addition, the Department of Government Services made changes this spring to the Occupational Health and Safety Act prior to announcing the new regulations. These changes included adding the definition of a supervisor and the duties and responsibilities of a supervisor, recommendations coming from the consultation process.
Compulsory Certification for Motor Vehicle Body Repairers in Nova Scotia
Drivers in Nova Scotia, and those who repair their vehicles, will be better protected thanks to new regulations that require motor vehicle body repairers to obtain a certificate of qualification.
The change in status to a compulsory certified trade means only people with a certificate of qualification, a valid temporary permit or registered apprentices, will legally be permitted to work in the trade.
To build the number of journeypersons in the trade, and in preparation for compulsory certification, the department began waiving fees in October 2007 and provided examination preparation courses for those who qualify to write the exam. Since that time, 101 motor vehicle body repairers have written the exam, with an 88 per cent pass rate. The fees will continue to be waived until Aug. 4, 2011. Enforcement will not begin until then, so those in the profession have time to write the exam. Practical exams are being developed for those who may have difficulty with a written exam.
For more information about compulsory certification, visit www.gov.ns.ca/lwd.
CUPE 3906 Gets First Contract for Post-Doctoral Fellows in Ontario
McMaster University's 130 post-doctoral fellows - members of CUPE 3906 - have their first contract.
The post-doctoral fellows voted unanimously last week to accept a 2-year agreement that included wage and benefit gains, improvements in job security language, better working hours and working conditions and other gains.
McMaster University PDFs voted to join CUPE in early 2008.
CUPE 3906 represents 2,500 teaching assistants, sessional faculty and post-doctoral fellows at McMaster University.
Blitz Targets Workplace Chemical Hazards in Ontario
Ontario is continuing its efforts to reduce workplace injuries by focusing on hazards involving chemicals used in all workplaces, especially at swimming pools and spas, dry cleaning operations, metal fabrication shops and health care facilities.
Throughout September, Ministry of Labour occupational health and safety inspectors will focus on hazards involving disinfecting chemicals (such as chlorine), dry cleaning solvents, metalworking fluids and detergents. The inspectors will check that workers have been trained to work with chemicals that could endanger their health if not handled properly. They will also check that chemicals are stored safely and properly labelled and that protective equipment such as respirators and eye-wash fountains are available to workers.
Inspectors will take enforcement action as appropriate for any contraventions found under the Occupational Health and Safety Act and its regulations.
Amendments to the Quebec Mining Regulation Planned for 2010
Since 1995, a parity committee of the board of directors of the Commission de la santé et de la sécurité du travail (CSST) has had the mandate to review the Règlement sur la santé et la sécurité dans les mines (r.19.1) adopted in 1993. The committee's work consists in regularly updating the regulation in light of technological developments and accidents or incidents that occur in the mining sector. To carry out its mandate, the committee is supported by subcommittees. The Regulation and its amendments aim to prevent accidents, ensure that mines are safe workplaces, and protect the health and physical integrity of mine workers.
Parliament/Legislatures/Assemblies
| Adjournment date | Resumption date | |
|---|---|---|
| Alberta | June 3, 2009 | October 26, 2009 |
| British Columbia | August 25, 2009 | |
| House of Commons | June 19, 2009 | September 14, 2009 |
| Manitoba | June 11, 2009 | September 14, 2009 |
| New Brunswick | June 19, 2009 | November 24, 2009 |
| Newfoundland-Labrador | May 28, 2009 | September 8, 2009 |
| Northwest Territories | June 4, 2009 | October 15, 2009 |
| Nova Scotia | May 4, 2009 | September 17, 2009 |
| Nunavut | June 18, 2009 | November 24, 2009 |
| Ontario | June 4, 2009 | September 14, 2009 |
| Prince Edward Island | May 15, 2009 | |
| Québec | June 18, 2009 | September 15, 2009 |
| Saskatchewan | May 14, 2009 | October 21, 2009 |
| Yukon | May 14, 2009 |
Upcoming Events
| Event | Location | Date |
|---|---|---|
| B.C. Municipal Occupational Health and Safety Conference | TELUS Convention Centre, Whistler, B.C. | September 13-15, 2009 |
| 68th Annual Meeting of the Canadian Association Administrators of Labour Legislation (CAALL) | Delta Bessborough Hotel, Saskatoon, Saskatchewan | September 21-23, 2009 |
| 2009 Annual Convention of the International Association of Industrial Accident Boards and Commissions (IAIABC) | Minneapolis, Minnesota | September 21-25, 2009 |
| 29th Annual WorkSafeNB Health and Safety Conference | Saint John, New Brunswick | September 27-29, 2009 |
| 13th Annual Conference « Santé, travail et mieux-être » | Hôtel Hilton Lac-Leamy, Gatineau, Quebec | September 30 - October 3, 2009 |
| Vancouver Island Safety Conference "Leading change today for a safe tomorrow: on the floor, in the bush" | Qualicum Community Centre, Qualicum, British Columbia | October 3, 2009 |
| OHS Compliance Summit 2009: Practical Risk Management Strategies for Canadian OHS Professionals | Toronto, Ontario | October 14-15, 2009 |
| Awards ceremony for innovation in workplace health and safety | Centre des sciences, Montréal, Quebec | October 22, 2009 |
| 8th Annual Alberta Health & Safety Conference and Trade Fair | Calgary Stampede Round Up Centre, Calgary, Alberta | October 26-28, 2009 |
| Grand Rendez-vous en santé et sécurité du travail | Palais des congrès, Montréal, Quebec | November 3-4, 2009 |
| Workers Compensation Research Institute (WCRI) Annual Issues & Research Conference | Boston, Massachusetts | November 4-5, 2009 |
| Human Factor Perspectives on Safety | SFU Segal Graduate School of Business, Vancouver, British Columbia | November 30, 2009 |
| Canadian Centre for Occupational Health and Safety (CCOHS) Forum III | Gatineau, Quebec | March 8-9, 2010 |
| Health & Safety Canada 2010 Industrial Accident Prevention Association (IAPA) Conference and Trade Show | Toronto, Ontario | May 3-5, 2010 |
| International Forum on Disability Management | Los Angeles, California | September 13-16, 2010 |
| 18th Annual National Workers' Compensation and Disability Conference & Expo | Chicago, Illinois | November 18-20, 2010 |