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Which Workplaces Must Establish a JHSC?

While joint health safety committees (JHSCs) and health and safety representatives (safety reps) are mandatory in all jurisdictions, the rules governing when they’re required at a particular worksite vary by jurisdiction. Here’s a rundown of each jurisdiction’s rules.

JHSC/HSR Requirements Across Canada
JURISDICTION JHSC REQUIRED SAFETY REP REQUIRED
FEDERAL At each workplace employer controls with 20 or more normally employed employees (unless workplace is a ship or MOL grants an exemption) [Can Labour Code, Sec. 135(1)] At each workplace employer controls with fewer than 20 normally employed employees (unless workplace is a ship or Ministry grants an exemption) [Can Labour Code, Sec. 136(1)]
ALBERTA Prime contractor must establish JHSC at each site it controls with 20 or more workers where work expected to last at least 90 days unless Director grants exemption [OHS Act, Section 16(2)]
Employer must establish JHSC for entire company if it employs 20 or more workers where work expected to last at least 90 days unless Director grants exemption [OHS Act, Section 16(1)]
Prime contractor must establish safety rep at each site it controls with 5 to 19 workers where work expected to last at least 90 days unless Director grants exemption [OHS Act, Section 17(2)]
Employer must establish safety rep for entire company if it employs 5 to 19 workers where work expected to last at least 90 days unless Director grants exemption [OHS Act, Section 17(1)]
BRITISH COLUMBIA At each workplace employer controls where 20 or more of its workers are regularly employed; WorkSafeBC may order or OK multiple or overlapping JHSCs at same site [Workers’ Comp Act, Sec. 125] At each workplace employer controls where 9 to 19 of its workers are regularly employed or any other workplace WorkSafeBC orders[Workers’ Comp Act, Sec. 139]
MANITOBA Employer: At each workplace where 20 or more of its workers are: i. regularly employed; or, ii. involved in work expected to last at least 90 days; any other workplace Board orders (1) [Workers’ Health & Safety Act, Sec. 40(1)]
Prime Contractor: At each construction project involving 20 or more workers where work expected to last longer than 90 days [Workers’ Health & Safety Act, Sec. 40(3)]
Employer: At each workplace, other than a construction project, where 5 or more workers are regularly employed that’s not required to have a JHSC [Workers’ Health & Safety Act, Sec. 41(1)(a)]
Prime Contractor: At each construction project even if it has a JHSC [Workers’ Health & Safety Act, Sec. 41(1)(b)]
At each workplace the Board orders [Workers’ Health & Safety Act, Sec. 41(1)(c)]
NEW BRUNSWICK Employer: At each workplace with 20 or more regularly employed employees other than a construction project site [OHS Act, Section 14(1)]
Medium Project Site Contractor: At any site for which contractor is responsible where work expected to last longer than 90 days with 30 to 499 employees [OHS Act, Section 14(3)]
Large Project Site Contractor: At any site for which contractor is responsible with 500 or more employees at any given time [OHS Act, Section 14(4)]
Employer: At each workplace with 5 to 19 regularly employed employees other than a construction project site if OHS policy provides for safety rep or WorkSafeNB orders [OHS Act, Section 17(1)]
Project Site Contractor: At any site for which contractor is responsible with: i. 5 to 29 employees regardless of how long work lasts; or ii.  30 to 499 employees expected to last longer than 90 days [OHS Act, Section 17.1]
NEWFOUND. At each workplace with 10 or more employed workers [OHS Act, Section 37] At each workplace with 9 or fewer employed workers [OHS Act, Section 41]
NOVA SCOTIA Employer: At each workplace with 20 or more regularly employed persons
Constructor: At each project site with 20 or more regularly employed persons [OHS Act, Section 29(1)]
Employer: At each workplace with 5 to 19 regularly employed persons [OHS Act, Section 33(1)]
Constructor: At each project site with 5 to 19 regularly employed persons [OHS Act, Section 33(2)]
Any workplace with fewer than 5 regularly employed persons if Director orders [OHS Act, Section 33(3)]
ONTARIO Employer: At each workplace with 20 or more regularly employed workers or fewer than 20 if workplace is subject to Designated Substance Reg. or MOL orders JHSC for site [OHS Act, Section 9(2)]
Constructor: At project site where work expected to last longer than 3 months that has 20 or more regularly employed workers or fewer than 20 if workplace is subject to Designated Substance Reg. or MOL orders JHSC for site [OHS Act, Sections 9(1) + (2)]
Employer: At each workplace where no JHSC is required where number of workers regularly exceeds 5 (or for which MOL orders safety rep) [OHS Act, Section 8(2)]
Constructor: At project site where work expected to last longer than 3 months for which no JHSC is required and where number of workers regularly exceeds 5 (or for which MOL orders safety rep) [OHS Act, Section 8(1)]
PRINCE EDWARD ISLAND Employer: At each workplace with 20 or more persons regularly employed by employer, or for which Director orders a JHSC [OHS Act, Section 25(1)]
Constructor: At each project with 20 or more persons regularly employed by a constructor for which work is expected to last longer than 3 months, or for which Director orders a JHSC [OHS Act, Section 25(2)]
Employer: At each workplace where no JHSC is required with 5 or more persons regularly employed by employer, or for which Director orders a safety rep [OHS Act, Section 26(1)]
Constructor: At each project where no JHSC is required with 5 or more persons regularly employed by a constructor for which work is expected to last longer than 3 months, or for which Director orders a safety rep [OHS Act, Section 26(2)]
QUEBEC At any establishment employing more than 20 workers and listed as a site requiring a JHSC in Schedule 1 of the OHS regulations [OHS Act, Section 68] *In any workplace with a JHSC, at least 1 member must be designated as safety rep to act independently of JHSC [OHS Act, Section 87]
* In any establishment listed as a site requiring a JHSC in Schedule 1 of the OHS regulations, regardless of how many workers, the union (or 10% of workers if there is no union) may designate safety rep for site, as long as it/they provide employer + CNESST written notice [OHS Act, Section 88]
SASKATCHEWAN Employer: At every place of employment where 10 or more workers of one employer work, or for which Director orders JHSC [Sask. Employment Act, Section 3-22(1)]
Contractor: At every construction site where 10 or more workers or self-employed persons work or are expected to work and for which work is expected to last longer than 90 days, or for which Director orders JHSC [OHS Regs., Section 38]
Employer: At every place of employment where fewer than 10 workers of one employer work [Sask. Employment Act, Section 3-24(1)]
Contractor: At any place of employment listed in Table 7 of the Appendix to the Regs. where more than 4 but fewer than 10 workers of one employer work [OHS Regs., Section 45]
NORTHWEST TERRITORIES + NUNAVUT At each workplace where 20 or more workers work or are likely to work more than 90 days, or for which Chief Safety Officer orders JHSC [OHS Regs., Section 37] At each workplace with fewer than 20 workers and no JHSC [OHS Regs., Section 39]
YUKON At each employer workplace where 20 or more workers are regularly employed for more than one month; Chief industrial safety officer + chief
mines safety officer can grant exemptions or order JHSCs at sites with <20 workers [OHS Act, Section 12(20)]
At each employer workplace where a JHSC isn’t required depending on number of workers and workplace’s hazard classification:
“A” hazard: 5 or more workers at workplace
“B” hazard: 10 or more workers at workplace
“C” hazard: 15 or more workers at workplace
[OHS Act, Section 13(1)]