Old Canada Labour Code definition of“danger”:

“danger” means any hazard or condition that could reasonably be expected to cause injury or illness to a person exposed thereto before the hazard or condition can be corrected.

New Canada Labour Code definition of “danger” (subsection 122(1)):

“danger” means any existing or potential hazard or condition or any current or future activity that could reasonably be expected to cause injury or illness to a person exposed to it before the hazard or condition can be corrected, or the activity altered, whether or not the injury or illness occurs immediately after the exposure to the hazard, condition or activity, and includes any exposure to a hazardous substance that is likely to result in a chronic illness, in disease or in damage to the reproductive system.

Other relevant CLC provisions:

s. 124 Every employer shall ensure that the health and safety at work of every person employed by the employer is protected.

S. 145(2) If a health and safety officer considers that the use or operation of a machine or thing, a condition in a place or the performance of an activity constitutes a danger to an employee while at work,

(a) the officer shall notify the employer of the danger and issue directions in writing to the employer directing the employer, immediately or within the period that officer specifies, to take measures to

(i) correct the hazard or condition or alter the activity that constitutes the danger, or

(ii) protect any person from the danger; and

(b) the officer may, if the officer considers that the danger or the hazard, condition or activity that constitutes the danger cannot otherwise be corrected, altered or protected against immediately, issue a direction in writing to the employer directing that the place, machine, thing or activity in respect of which the direction is issued not be used, operated or performed, as the case may be, until the officer’s directions are complied with, but nothing in this paragraph prevents the doing of anything necessary for the proper compliance with the directions.

Recent Case Law:

Douglas Martin and Public Service Alliance of Canada v. Attorney General of Canada, [2003] FC 1158 (Docket: T–950-02) (Reasons for Order and Order Madam Justice Tremblay-Lamer) currently on appeal to the Federal Court of Appeal

Juan Verville v. Service Correctionnel Du Canada, Institution Penitentlaire De Kent, [2004] FC 767 (Docket: T-1207-02) (Reasons For Order and Order Madam Justice Gauthier) no appeal yet filed

- Judith Allen