Managing Assurances of Voluntary Compliance (AVC) and Directions

Health and Safety Officers (HSOs) from ESDC’s Labour Program are responsible for ensuring compliance with Part II of the Canada Labour Code (CLC-II). The Labour Program facilitates and monitors compliance through a variety of techniques including inspecting an employer’s work place, providing educational materials, counselling affected parties and responding to complaints.

Two common Labour Program enforcement tools are an Assurance of Voluntary Compliance and a Direction.

Assurance of Voluntary Compliance (AVC)

When an HSO believes that a contravention of the CLC-II has occurred and the employer agrees and expresses a willingness to comply on a voluntary basis, the HSO may propose that an AVC be issued by an employer representative.

An AVC is a written commitment from the employer to comply with the CLC-II requirements by a given date. There is no appeal mechanism for an AVC.

A typical example of the compliance process is in relation to a workplace inspection. At the conclusion of the inspection, the HSO will meet with both the employer representative and an employee member of the Workplace Health and Safety Committee or the Health and Safety Representative. The HSO will explain any problems identified during the inspection and discuss possible corrective measures.

The HSO may then, or at a later date, produce an AVC document, which itemizes in writing, the section of the CLC-II where there could be an infraction and a suggested time frame for possible correction.

The HSO may ask the employer to sign the AVC, however, before doing so, the employer representative must immediately consult with their Regional OHS Advisor for guidance.

Direction

Depending on the nature of a contravention of the CLC-II, an HSO may issue a Direction, or a formal written order, directing the employer or employee to terminate and correct a contravention of the CLC-II within a specified period. A Direction may be appealed.

If you are issued a Direction by an HSO, you must immediately consult with your Regional OHS Advisor for guidance.