The Competent Worker Across Canada

Written by Jennifer Pereira on January 16, 2023. Posted in Blog

Employers have a duty to ensure all tasks and job duties, such as equipment operation, first aid, and hazardous materials handling, are assigned to workers who are deemed “competent.”

Obviously, any worker should be competent at their job. But competence, in this context, means more than just knowing what you’re doing. With this in mind, how do organizations know when their staff are deemed competent, with regards to the work they perform?

Workplace competence is defined by local legislation. The legal definition of the concept varies slightly across provinces and territories in Canada, and across the provincial and federal governments. To accurately determine if your workers are competent, you need to know the applicable legislation for your region and industry, and understand what measures are required for you to ensure that workers meet the definition.

Competence by jurisdiction

Seven jurisdictions in Canada specifically define the term “competent”:

Alberta
Saskatchewan
Manitoba
New Brunswick
Newfoundland and Labrador
Northwest Territories
Nunavut

Four jurisdictions define a “competent person” or “competent worker”:

Saskatchewan (defines both “competent” and “competent worker”)
Ontario
Nova Scotia
Prince Edward Island

Yukon and the federal government both use the term “qualified person” to describe a competent worker. The remaining jurisdictions – British Columbia and Quebec – use or imply the terms “competent” and “competent worker” but do not offer specific definitions.

Definitions of competence

The definitions given by each jurisdiction are shown in the table below:

Jurisdiction

Definition

Alberta:

Occupational Health and Safety Code 2009, s. 1

“competent” means adequately qualified, suitably trained and with sufficient experience to safely perform work without supervision or with only a minimal degree of supervision;

Saskatchewan:

Occupational Health and Safety Regulations, 1996 S.S., c. O-1.1, Reg 1. s.2

(l) “competent” means possessing knowledge, experience and training to perform a specific duty

(m) “competent worker”, with respect to a particular task or duty, includes a worker who is being trained to perform that task or carry out that duty and who is under close and competent supervision during that training;

Manitoba:

Workplace Safety and Health Regulation, Reg. 217/2006, s.1.1

“competent” means possessing knowledge, experience and training to perform a specific duty.

Ontario:

Occupational Health and Safety Act, R.S.O. 1990, c. 0.1, s. 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

Ontario:

Construction Projects, O. Reg. 213/91, s.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

New Brunswick:

General Regulation, Reg. 91-191 s.2

“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

Newfoundland and Labrador:

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

“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:

Occupational Health and Safety Regulations R-039-2015

“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:

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;

Nunavut:

Occupational Health and Safety Regulations R-003-2016

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

Prince Edward Island:

Occupational Health and Safety Act General Regulations, EC180/87, s.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.

Yukon:

Occupational Health and Safety Regulations,

O.I.C. 2006/178, s. 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;

Federal:

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

Applying the definitions

Understanding the definition of competence that applies to your organization is the first step. But how do you ensure that workers performing key tasks are competent by definition?

In Ontario, for example, the “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

Because of how the definition is written, each element is a requirement, not a choice. Companies therefore have a duty to ensure that their employees, workers, and even volunteers meet the requirement of each element of the definition.

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

This aspect of the definition may be the most “hands-off” for the organization. The expectation is that a worker hired to perform a certain job will have developed knowledge and experience over years in the work force and various jobs. Adequate training at a new workplace should satisfy the remainder of this requirement.

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

Every good workplace safety course begins with a review of the legislation around a particular task or job. Trainers purposefully incorporate this element to satisfy this part of the definition.

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

The combination of a and b tends to lend itself to the fulfillment of c. The hazards of a job should be identified in a risk assessment or hazard analysis. Through training and experience, a worker should gain familiarity with the risk assessment and be able to anticipate the potential danger that may arise as the work progresses and changes.

If a potential hazard is identified prior to work beginning, controls to mitigate that risk must be put in place.

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A competent person or worker is one who not only knows what they are doing, but has received adequate training to keep themselves and others safe in the workplace. Workplace safety training is an important aspect of ensuring competence for workers, and compliance with jurisdictional regulations.

Unsure if your workers are competent within your jurisdiction? Looking for a training course that satisfies your industry needs? Fluent Motion is proud to offer workplace safety training that satisfies the requirements of applicable legislation, and ensures all workers have the skills required to excel in their jobs. Contact us today.