A Joint Health and Safety Committee or the appointment of representatives is either mandatory or subject to ministerial decision in all Canadian jurisdictions. Certain types of workplaces may be exempt from this requirement, depending on the size of work force, industry, accident record, or some combination of these factors. Consult the most up-to-date applicable legislation to find out what are requirements for your workplace.
What are the sources of legislation regarding joint health and safety committees?
The following are references to the provincial and federal legislation where you will find the guidelines for joint health and safety committees from the different jurisdictions in Canada. Since legislation is amended from time to time, the jurisdictions should be contacted for the most current information.
Canada
Canada Labour Code, Part II (R.S.C. 1985, C. L-2), Sections 135 to 137
British Columbia
Workers Compensation Act, (R.S.B.C. 1996 as amended) Part 3, Division 4, Sections 125 to 140
Alberta
Occupational Health and Safety Act (R.S.A. 1980, c. O-2 as amended), Section 31
Occupational Health and Safety Code (October 2003) Part 13 Joint Work Site Health and Safety Committee, Sections 196 to 207
Saskatchewan
Occupational Health and Safety Act, 1993 (S.S. 1993, c. O-1.1)
Part III Sections 15 to 22 (Called: Occupational Heath Committee)
Manitoba
Workplace Safety and Health Act (R.S.M. 1987, c. W210)
Section 40. (Called: Workplace safety and health committees)
Ontario
Occupational Health and Safety Act (R.S.O. 1990, c. O.1), Section 9(2)
Quebec (English language legislation)
Act respecting Occupational Health and Safety (R.S.Q., c. S-2.1)
Chapter IV, Sections 68 to 86.
And the Regulation respecting health and safety committees (R.R.Q. 1981, c. S-2.1, r. 6.1, O.C. 2025-83) (Called: Health and Safety Committees)
New Brunswick
Occupational Health and Safety Act (A.N.B. 1983, c. O-0.2), Sections 14 to 18
Nova Scotia
Occupational Health and Safety Act (S.N.S. 1996, c. 7), Sections 29 to 32
Prince Edward Island
Occupational Health and Safety Act (R.S.P.E.I. 2004, c. 42), Section 25
Newfoundland
Occupational Health and Safety Act (R.S.N. 1990, c. O-3)
Sections 37 to 40 (Called: Health and Safety Committees)
Yukon Territory
Occupational Health and Safety Act (R.S.Y. 1986, c. 123), Section2 12 & 13
Northwest Territories
Safety Act (R.S.N.W.T. 1988, c. S-1), Section 7
(Called: Joint Work Site Health and Safety Committee)
Nunavut
Safety Act (R.S.N.W.T. 1988, c. S-1), Section 7
(Called: Joint Work Site Health and Safety Committee)
When are health and safety committees required, how many people are on the committee, and who are committee members?
Table One provides brief information about the committees: when they are necessary, size and representation. This summary is intended to provide basic facts. Please consult the legislation applicable to your workplace for exact information.
Table 1 Legislation Requirements for Health and Safety Committees |
| | When do I need one? | Size of Committee | Representation |
| Canada | Mandatory - 20 or more employees | At least 2 | At least half to represent employees |
| British Columbia | Mandatory - when there are 20 or more employees or when "required by order" | Not less than 4 | At least one half must be worker representatives |
| Alberta | As directed by the Minister | At least 3 and not more than 12 | At least two employees and one employer or or at least half employees |
| Saskatchewan | Mandatory - when 10 employees or more | At least 2 and not more than 12 | At least half to represent employees |
| Manitoba | Mandatory - 20 or more employees as designated by Lt Governor | At least 4 and not more than 12 | At least half to represent employees |
| Ontario | Mandatory - 20 or more employees, or when ordered by Minister, or where a designated substance is in use (no minimum number of employees) | At least 2 (fewer than 50 employees); At least 4 (50 or more employees | At least half to represent employees |
| Quebec | 20 or more employees and where required by CSST* | At least 4 | At least half to represent employees |
| New Brunswick | Mandatory - 20 or more employees | As agreed upon by employees and employer | Equal Representation |
| Nova Scotia | Mandatory - 20 or more employees | As agreed upon by employees and employer | At least half to represent employees |
| Prince Edward Island | Mandatory - 20 or more employees | As agreed upon by employees and employer | At least half to represent employees |
| Newfoundland | Discretionary - 10 or more employees | At least 2 and not more than 12 | At least half to represent employees |
| Yukon | Mandatory - 20 or more employees | At least 4 and not more than 12 | At least half to represent employees |
| Northwest Territories | As directed by Chief Safety Officer | Not Specified | Equal Representation |
*CSST = Commission de la santé et de la sécurité du travail