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Competent Worker or Person

Last Updated: April 2019

Prepared by CCOHS

Listed below are definitions for competent or qualified workers within the area of Occupational Health and Safety across federal and provincial jurisdictions. Since legislation interpretation and enforcement varies by jurisdiction, contact your jurisdiction as listed in Canadian Governmental Occupational Health & Safety Departments (http://www.ccohs.ca/oshanswers/information/govt.html).

This list is prepared by CCOHS as part of the Canadian enviroOSH Legislation service . This service is a comprehensive and easy to search compilation of the full text of Canadian health, safety and environmental legislation and critical guidelines and codes of practice from all jurisdictions. All the legislation is compiled into one convenient location and is regularly updated with amendments highlighted.

Subscribers to this service and paid learners of the CCOHS e-courses have access to the full text of the legislation listed in this document. To become a subscriber please contact Client Services .

Canada

As made under the Canada Labour Code, (Part II - Occupational Safety and Health), R.S.C. 1985, c. L-2,

Canada Occupational Safety and Health Regulations, SOR/86-304

1.2 "qualified person" means, in respect of a specified duty, a person who, because of his knowledge, training and experience, is qualified to perform that duty safely and properly;

Alberta

As made under the Occupational Health and Safety Act, S.A. 2017, c. O‑2.1,

Occupational Health and Safety Regulation, Alta. Reg, 62/2003

Definition of "competent" was repealed by Alta. Reg. 51/2018, s. 2. (effective June 1, 2018) However, the term "competent" continues to be used throughout the legislation.

Resources

Alberta Occupational Health and Safety Act Highlights of changes effective June 1, 2018

Occupational Health and Safety Code Explanation Guide 2009

Occupational health and safety changes

British Columbia

While the term "competent" is used, there is no definition within the legislation.

Manitoba

As made under the Workplace Safety and Health Act, R.S.M. 1987, c. W210

Workplace Safety and Health Regulation, Man. Reg. 217/2006

1.1 "competent" means possessing knowledge, experience and training to perform a specific duty.

New Brunswick

As made under the Occupational Health and Safety Act, A.N.B. 1983, c. O-0.2,

General Regulation - Occupational Health and Safety Act, N.B. Reg. 91-191

"competent" means

(a) qualified, because of such factors as knowledge, training and experience, to do assigned work in a manner that will ensure the health and safety of persons,

(b) knowledgeable about the provisions of the Act and the regulations that apply to the assigned work, and

(c) knowledgeable about potential or actual danger to health or safety connected with the assigned work;

Newfoundland and Labrador

As made under the Occupational Health and Safety Act, R.S.N.L. 1990, c. O-3,

Occupational Health and Safety Regulations, 2012, N.L.R. 5/12

2. (h) "competent" means a person who is

(i) qualified because of that person's knowledge, training and experience to do the assigned work in a manner that ensures the health and safety of every person in the workplace, and

(ii) knowledgeable about the provisions of the Act and these regulations that apply to the assigned work, and about potential or actual danger to health or safety associated with the assigned work;

Northwest Territories

As made under the Safety Act, R.S.N.W.T. 1988, c.S-1,

Occupational Health and Safety Regulations, R-039-2015

1. "competent" means, in respect of a function, task or duty, possessing the knowledge, experience and training to perform the function, task or duty;

Nova Scotia

As made under the Occupational Health and Safety Act, S.N.S. 1996, c. 7,

Occupational Safety General Regulations, N.S. Reg. 44/99

2. (g) "competent person" means a person who is

(i) qualified because of their knowledge, training and experience to do the assigned work in a manner that ensures the health and safety of every person in the workplace, and

(ii) knowledgeable about the provisions of the Act and regulations that apply to the assigned work, and about potential or actual danger to health or safety associated with the assigned work;

Workplace Health and Safety Regulations, N.S. Reg. 52/2013

1.2 "competent person" means a person who is

(i) qualified because of their knowledge, training and experience to do the assigned work in a manner that ensures the health and safety of every person in the workplace, and

(ii) knowledgeable about the provisions of the Act and regulations that apply to the assigned work, and about potential or actual danger to health or safety associated with the assigned work,

Nunavut

As made under the Safety Act, R.S.N.W.T. 1988, c. S-1,

Occupational Health and Safety Regulations R-003-2016

1. "competent" means in respect of a function, task or duty, possessing the knowledge, experience and training to perform the function, task or duty;

Ontario

Occupational Health and Safety Act, R.S.O. 1990, c. O.1

1. (1) "competent person" means a person who,

(a) is qualified because of knowledge, training and experience to organize the work and its performance,

(b) is familiar with this Act and the regulations that apply to the work, and

(c) has knowledge of any potential or actual danger to health or safety in the workplace;

Construction Projects, O. Reg. 213/91

1. (1) "competent worker", in relation to specific work, means a worker who,

(a) is qualified because of knowledge, training and experience to perform the work,

(b) is familiar with the Occupational Health and Safety Act and with the provisions of the regulations that apply to the work, and

(c) has knowledge of all potential or actual danger to health or safety in the work;

Designated Substance - Asbestos on Construction Projects and in Buildings and Repair Operations, O. Reg. 278/05

1. (1) "competent worker", in relation to specific work, means a worker who,

(a) is qualified because of knowledge, training and experience to perform the work,

(b) is familiar with the Act and with the provisions of the regulations that apply to the work, and

(c) has knowledge of all potential or actual danger to health or safety in the work;

Prince Edward Island

As made under the Occupational Health and Safety Act, R.S.P.E.I. 1988, c. O-1.01 (new version brought in by 2004, c. 42)

Occupational Health and Safety Act General Regulations, EC 180/87

1.4 (f) "competent person" means a person who

(i) is qualified because of that person's knowledge, training and experience to do the assigned work in a manner that will ensure the health and safety of persons in the workplace, and

(ii) is knowledgeable about the provisions of the Act and the regulations that apply to the assigned work, and about potential or actual danger to health or safety associated with the assigned work.

Quebec

No definition for "competent"

Saskatchewan

As made under the Saskatchewan Employment Act, S.S. 2013, c. S-15.1,

Occupational Health and Safety Regulations, 1996, S.S., c. O-1.1, Reg 1

2. (1) (l) "competent" means possessing knowledge, experience and training to perform a specific duty;

Yukon

Occupational Health and Safety Act, R.S.Y. 2002, c. 159

"competent person" means a person who,

(a) is qualified because of their knowledge, training, and experience to organize the work and its performance,

(b) is familiar with the provisions of this Act and the regulations that apply to the work, and

(c) has knowledge of any potential or actual danger to health or safety in the workplace;

Occupational Health and Safety Regulations, O.I.C. 2006/178

1.02 "qualified person" means a person who has education, experience and training in the recognition, evaluation and control of hazards associated with the work;