Table of Contents
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.
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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
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Definition of "competent" was repealed by Alta.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
(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
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
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;
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
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;