Case information

Labour relations — Health and safety — Administrative law — When and to what extent do duties imposed under Canada Labour Code to inspect for employee health and safety apply to areas of work place not controlled by employer — How must administrative tribunals apply principle of vertical stare decisis in statutory interpretation — Canada Labour Code, R.S.C. 1985, c L-2, ss. 135(1) and 135(7).

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GCT Canada Limited Partnership operates the Vanterm container terminal in British Columbia and provides stevedoring services to vessels who enter into contracts for its services. The International Longshore and Warehouse Union Ship and Dock Foremen, Local 514 represents the employees who carry out the stevedoring services, principally loading and unloading cargo. Paragraph 135(1) of the Canada Labour Code, R.S.C. 1985, c L-2, requires GCT Canada Limited Partnership to establish a committee to address health and safety matters at each work place it controls where twenty or more employees are normally employed. The Code mandates employee membership on the committee. Section 135(7) of the Code sets out duties of the committee. Section 135(7)(e) sets out that the committee shall participate in all inspections pertaining to the health and safety of employees. GCT Canada Limited Partnership’s health and safety committee at the Vanterm terminal only participates in inspections occurring on a Friday when the committee members are regularly present at the terminal to conduct committee business and perform a number of tasks. Vessel inspections of all vessels arriving at the terminal occur but other than on Fridays they are carried out by a superintendent and a vessel planner. In January 2019, a foreman filed a complaint with the Labour Program of Employment and Social Development Canada alleging GCT Canada Limited Partnership conducts safety inspections of vessels without always involving committee members who are employees and it has denied requests by employee committee members to be involved. A ministerial delegate investigated and issued a direction finding that GCT Canada Limited Partnership is contravening its obligation under the Canada Labour Code to ensure participation in all health and safety inspections and requiring GCT Canada Limited Partnership to take corrective action. The Canada Industrial Relations Board upheld the ministerial delegate’s direction. The Federal Court of Appeal dismissed an application for judicial review.