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Part II.I: Prevention Council, Chief Prevention Officer and Designated Entities

  • Revised: March 20, 2015
  • Content last reviewed: March 2015
  • Also available in Spanish [PDF, 729 Kb / 82 pages ]

Disclaimer: This resource has been prepared to help the workplace parties understand some of their obligations under the Occupational Health and Safety Act (OHSA) and regulations. It is not legal advice. It is not intended to replace the OHSA or the regulations. For further information please see full disclaimer.

Part II.I of the Act sets out the prevention mandate of the Minister, the structure and powers of the Prevention Council, the powers and duties of the Chief Prevention Officer (CPO), and sets out the process for an entity to become designated. In the occupational health and safety system, these designated entities are more commonly referred to as Health and Safety Associations (HSAs).

It should be noted that the Occupational Health and Safety Act (OHSA) does not “establish” the entities. They are established and incorporated outside the purview of the legislation but become designated through the process that is set out in the OHSA and is thereby subject to the standards and other requirements specified therein.

The Prevention Council is made up of an equal number of representatives of employers and labour organizations. In addition, representatives of non-unionized workers, the Workplace Safety and Insurance Board and persons with occupational health and safety expertise must be represented but cannot collectively make up more than one third of the total membership. The Prevention Council is an advisory agency, which provides advice to the Minister and CPO on specified issues.

The role of the CPO includes the following:

  1. develop a provincial occupational health and safety strategy
  2. prepare an annual report on occupational health and safety
  3. exercise any power or duty delegated to him or her by the Minister under the OHSA
  4. provide advice to the Minister on the prevention of workplace injuries and occupational diseases
  5. provide advice to the Minister on any proposed changes to the funding and delivery of services for the prevention of workplace injuries and occupational diseases
  6. provide advice to the Minister on the establishment of standards for designated entities under section 22.5 of OHSA
  7. exercise the powers and perform the duties with respect to training that are set out in sections 7.1 to 7.5 of OHSA
  8. establish requirements for the certification of persons for the purposes of the OHSA and certify persons under section 7.6 of OHSA who meet those requirements
  9. exercise the powers and perform the duties set out in section 22.7 of OHSA, and
  10. exercise such other powers and perform such other duties as may be assigned to the Chief Prevention Officer under the OHSA [subsection 22.3 (1)].

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Disclaimer: This web resource has been prepared to assist the workplace parties in understanding some of their obligations under the Occupational Health and Safety Act (OHSA) and the regulations. It is not intended to replace the OHSA or the regulations and reference should always be made to the official version of the legislation.

It is the responsibility of the workplace parties to ensure compliance with the legislation. This web resource does not constitute legal advice. If you require assistance with respect to the interpretation of the legislation and its potential application in specific circumstances, please contact your legal counsel.

While this web resource will also be available to Ministry of Labour inspectors, they will apply and enforce the OHSA and its regulations based on the facts as they may find them in the workplace. This web resource does not affect their enforcement discretion in any way.