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Right to Refuse
Last Updated: June 2019
Prepared by CCOHS
Listed below are selected sections of legislation which refer to the employee's "right to refuse" work that is dangerous to their or a co-workers health or safety. Exercising the right to refuse typically involved setting in motion a series of steps to resolve the situation. These steps, interpretation and enforcement vary by jurisdiction. Where additional information is required, the Canadian Governmental Occupational Health & Safety Departments (http://www.ccohs.ca/oshanswers/information/govt.html) should be contacted.
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 .
OSH Answers
OH&S Legislation in Canada - Basic Responsibilities
Canada
Canada Labour Code, Part II, R.S.C. 1985, c. L-2
Sections 128 to 131 , Refusal to work if danger
Alberta
Occupational Health And Safety Act, S.A. 2017, c. O‑2.1
Section 31, Right to refuse dangerous work
British Columbia
As made under the Workers Compensation Act, R.S.B.C. 1996, c. 492
Occupational Health and Safety Regulation, B.C. Reg. 296/97
Refusal of Unsafe Work
Section 3.12, Procedure for refusal
Section 3.13, No disciplinary action
Manitoba
Workplace Safety and Health Act, C.C.S.M. c. W210
Section 43, Right to refuse dangerous work
Section 43.1, Report of dangerous condition to an officer
Section 43, Worker entitled to be paid despite refusal
Section 43, Employer not to make worker work in unsafe conditions
New Brunswick
Occupational Health and Safety Act, A.N.B. 1983, c. O-0.2
Section 19, Employee's right to refuse to do any act
Section 20, Duty to report and take or recommend remedial action
Section 21, Protection of employee's right
Section 22, Protection of employee's right
Section 23, Protection of employee's right
Newfoundland and Labrador
Occupational Health and Safety Act, R.S.N.L.1990, c. O-3
Section 45, Right to refuse to work
Section 46, Report to supervisor
Section 47, Report to division
Section 49, Discriminatory action prohibited
Occupational Health and Safety Regulations, 2012, N.L.R. 5/12
Section 5, Right to refuse work
Northwest Territories
Safety Act, R.S.N.W.T. 1988, c. S-1
Section 13, Definition of unusual danger
Mine Health and Safety Act, S.N.W.T, 1994, c. 25
Section 18, Right to refuse work
Mine Health and Safety Regulations, R-125-95
Nova Scotia
Occupational Health and Safety Act, S.N.S. 1996, c. 7
Sections 43 and 44, Right to Refuse Work
Nunavut
Safety Act R.S.N.W.T., 1988, c. S-1
Section 13, Definition of unusual danger
Mine Health and Safety Act (Nunavut), S.N.W.T, 1994, c. 25
Section 18, Right to refuse work
Mine Health and Safety Regulations, R-125-95
Ontario
Occupational Health and Safety Act, R.S.O. 1990, c. O.1
Part V, Right to Refuse or to Stop Work Where Health or Safety in Danger
Prince Edward Island
Occupational Health and Safety Act,R.S.P.E.I. 1988, c. O-1.01
Sections 28 to 31, Refusal to Work
Quebec
Act Respecting Occupational Health and Safety, R.S.Q., c. S-2.1
Saskatchewan
Saskatchewan Employment Act, S.S. 2013, c. S-15.1
Division 5, Right to Refuse Dangerous Work; Discriminatory Action
Yukon
Occupational Health and Safety Act, R.S.Y. 2002, c. 159
Hazardous Work