WHMIS

Introduction 
Everyone has a part in providing safety. The same basics are for everyone. 

What is WHMIS? 
WHMIS stands for Workplace Hazardous Materials Information System 

Chemical producers should provide information concerning product on a MSDS Sheet – Material Safety Data Sheet. This is an important standardized form of communication. Containers should be labelled. 

Everyone should be trained to know about chemicals, an understanding of controlling hazards – when chemical should be stored and used properly and when they won’t be dangerous, and what should be done in a hazard. 

Companies must provide/ensure training to all employees handling hazardous materials, a list of hazardous materials in the workplace, and MSDS sheets for all hazardous materials. 

Hazard classes 
There are 6 classes of hazards. Poisonous materials have a further 3 divisions. 

1. Compressed gases 
2. Flammable/combustible 
3. Oxidizing material 
4. Poisonous and infectious material 
1. Immediate and serious toxic effects 
2. Other toxic effects 
3. Biohazard/infectious 
5. Corrosives 
6. Dangerous reactive 

Learn the hazards of each class to prevent and control. 
Broader categories can be classified under FACTOR 
Flammable 
And 
Corrosive 
Toxic 
Or 
Reactive 

Create physical hazard or health hazard. Some can be immediately dangerous. Physical hazards affects the atmosphere and health hazards are toxic, directly affecting workers’ health. 

Smoking is a health hazard. 

What chemicals present physical hazards? Flammable, some corrosives. If stored incorrectly or mixed, they can be dangerous. 

Safe works hazard practice 
Hazards can be controlled. Know what can – and cannot – be mixed. Safe work practice for all chemicals:

• Wear proper eye protection.
• Follow specific storage procedures. 
• Know where to find equipment. 

Practices followed when working with any chemical:

• Know what to do when there is an accident
• Know location of nearest safety equipment 
• Know how to use safety equipment 
• Understand chemical hazards 
• Understand hazard controls 

Exposures
Some toxics give off more exposure than others, and some can be more quick or more slow to work. Not all chemicals pose health hazards. Under normal circumstances there should be no problems.

Effect: high level exposure over short period of time. 

Acute: large short, chronic small long. Equal effects toxic exposure invisible e.g., dust, gas. MSDS will alert you to toxic. 

Where can chemicals enter the body? 

 - Via eyes, absorbed through the skin, swallowed via the mouth, inhaled through the nose 

Levels tolerate with harm, average person exposure based on a 5-day, 8-hour work week. Safe dose is the length of higher tolerance longer lasting. If working with a higher, safer chemical, reduce either the time exposed to the chemical or the amount of chemical used. 

A chemical is only referred to as toxic if it can cause harm to one or more body organs. 

Long period of time – chronic health effect. After working there, something can be short and acute. 

Chemicals and toxic materials can be relatively invisible consisting of dust, fumes, gases, vapor and mists. 

Exposure to material requires clean hands before eating and smoking, as the primary entry route is probably likely to be via ingestion. 

Safe dose refers to how much of a chemical a body can tolerate. 

Reactions to a new chemical, such as a skin rash or other acute symptoms, appear immediately. 

We should recognize the hazards and know what precautions to take. 

Controls 
Company engineers to make the work place safer by any means, e.g., enclosing pipes, administer safety protocols, set and use safety procedures, provide equipment and safety materials, i.e. face masks and respirators. Workers should wear equipment when they need to, as these items can be the only thing between themselves and hazardous materials.

Employees should know hazards. They should pay attention to their training. Reading labels is important as they can say a lot of information. WHMIS’ distinctive border gives a warning sign and a lot of information about health and safety. 

Most WHMIS labels provide 7 pieces of information. These are important to know as they are key to knowing hazards. Some labels can differ. These are: 

1. Product identifier 
2. Supplier identifier 
3. Statement MSDS is available 
4. Hazard symbol(s) 
5. Risk phrase(s) 
6. Precautionary measures
7. First aid materials 

Labels should be written in both English and French. 

Workplace labels for materials made at – or moved from – the workplace should identify the name of the material, provide instructions to use material, and say ‘see MSDS sheet for more information’ 

Employer may include only 8 hazard symbols: 

Compressed gas 

 Flammable and combustible materials 

 Oxidizing 

 Poisonous and infectious materials causing immediate and serious toxic effects 

Poisonous and infectious materials causing other toxic effects 

 Bio hazardous infectious

 Corrosive material 

 Dangerously reactive material

Labelling tells you where to go and to see MSDS for more information. Tells you

a) what it is, and where it came from, 
b) hazardous ingredients and potential hazards,
c) physical data, what’s in 
d) fire and explosion hazards, 
e) reactivity data and what to avoid, 
f) TLV to recognize signs, 
g) preventive measures, 
h) first aid measures, 
i) name/number/date provided 

If you see something that looks dangerous, advise supervisor immediately. 

Product information Storage procedures
Hazardous ingredients
Physical data Colour, odor, appearance
Fire/explosion data
Reactivity data
Health hazards/toxicological properties

Health effects from overexposure
Preventative measures
First aid measures
Preparation data 

MSDS are anything to look at, they all have the same basic information and follow the same format. They don’t all look the same. 

What provides workplace hazard controls? 
Employee training
Workplace ventilation controls 
Hazardous materials time limit 
Vapor/dust amount in air limited 
Personal protective equipment
 Supplier labels must accompany hazardous materials with border. 

What is included in all MSDS? 

• First aid procedures
• Storage procedures
• Product’s flash point 
• Entry route 
• Overexposure signs

Safe work and the supervisor - your responsibilities

Safe work and the supervisor – your responsibilities https://www.safemanitoba.com/Resources/Pages/bulletin-230.aspx

Direct link to pdf document 
https://www.safemanitoba.com/Page%20Related%20Documents/resources/bulletin_230_-_safe_work_and_the_supervisor_-_2016_0.pdf

Bill C-45 now in effect for employee safety

Amendments to Canadian criminal law have come into effect (March 31, 2004) that holds corporations more accountable for workplace injuries and deaths. 

Minister of Justice and Attorney General Irwin Cotler said the legislation is important because it underscores the relationship between corporate liability and public safety, “and it says to employers that those who fail to provide safe workplaces may be dealt with severely through the criminal law.” 

In the Bill C-45 amendments to the Criminal Code of Canada, organizations can be held criminally liable by:

• Criminal actions of senior officers who oversee day-to-day operations in addition to the acts of directors or executives
• Officers with executive or operational authority, who become aware of offences being committed by other employees but, in order to benefit the organization, do not take action to stop them
• The actions of those with authority and other employees, demonstrating a lack of care that constitutes criminal negligence 

These changes increase the maximum fine that can be imposed on an organization for a summary conviction to $100,000 from $25,000. 

There is no limit on fines for organizations that commit more serious offences. 

The term “organization” is defined as a variety of group structures, including a public body, a company or partnership. 

Bill C-45 imposes a legal duty on all those who direct work (including employers) to take reasonable measures to protect employee and public safety. Reckless disregard of this duty causing death or bodily harm could result in a charge of criminal negligence. 

The provisions of Bill C-45 stem from a House of Commons standing committee report on workplace safety and corporate liability. This review was prompted by the Westray mine disaster that killed 26 miners in Nova Scotia on May 9, 1992. 

More information on Bill C-45 is available on the Department of Justice website at: http://www.justice.gc.ca/eng/rp-pr/other-autre/c45/ 

An online version of the legislation is available at http://www.parl.ca/

Workplace safety and health guidelines

Workplace safety and health guidelines https://www.safemanitoba.com/Resources/Pages/ResourceTypes.aspx?ResourceType=Guides

Safety bulletins

SAFE Work Manitoba Safety bulletins https://www.safemanitoba.com/Resources/Pages/ResourceTypes.aspx?ResourceType=Bulletins

Consolidation regulations of Manitoba

http://web2.gov.mb.ca/laws/regs/index.php

W210 The Workplace Safety and Health Act

Title of Act/Regulation	Consolidated Regulation	Date
Administrative Penalty Regulation	89/2014	29 March 2014
Operation of Mines Regulation	212/2011	24 December 2011
Workplace Safety and Health Regulation	217/2006	11 November 2006
Amendments	147/2010	30 October 2010
	107/2011	16 July 2011
	165/2012	29 December 2012
	90/2014	29 March 2014

Employing young workers

Tips for supervisors 
Remember your first few days on the job? 

How much did you know then? 

How much were you taught by your supervisor? 

Legislation 
Section 4.1 of Manitoba’s Workplace Safety and Health Act (WSH Act) outlines your duties as a supervisor. The law says that you, as a supervisor must: 

1. Ensure that all workers work in accordance with the provisions of the WSH Act and its Regulations. 
2. Ensure that your workers use protective devices and wear the required personal protective equipment.
3. Let your workers know about any potential or actual dangers in the workplace that you are aware of.
4. Take every precaution reasonable in the circumstances for the protection of workers under your supervision. 

Did You Know? 
… that every year more than 7000 young workers aged 15-24 report injuries to the WCB (Source: Workers Compensation of Manitoba) 
… that young male workers are almost twice as likely to be injured on the job than any other group? 
… that young workers are often unable to recognize hazards? 
… that young workers tend not to ask questions because they want to make a good impression and look “smart”?
… that young workers are an asset to your workplace – with fresh eyes, new ideas and good questions to ask? 
… that, as a supervisor, you are legally responsible for your workers? 
… that Manitoba students are learning about their rights and responsibilities in the workplace? 
… that if you fail to comply with the WSH Act, you could be subject to prosecution? 

Here’s what you need to do… 

• Spend more time explaining the job, providing training and supervising young and new workers.
• Set and explain safety rules and ensure everyone follows them.
• Ensure all hazards are explained and thorough job-specific safety training is provided before the work is assigned.
• Explain the importance of prompt reporting of unsafe conditions and health and safety concerns. Ensure they know it is a priority for you and tell them how to report the hazard so you can act on it immediately.
• Make yourself available to answer questions and provide advice 
• Lead by example: wear required protective devices and always reinforce safety on the job 
• Establish and maintain open lines of communication 

Are you a new supervisor? 
Get training in Manitoba’s safety and health legislation and in the hazards in your workplace. The WSH Act requires employers to appoint competent supervisors: knowledgeable about the work and hazards of the jobs they are supervising.

For general requirements or questions about workplace safety and health, you can call Client Services at (204) 945-3446 or visit the website at http://www.gov.mb.ca/labour/safety/ 

For more information about young workers go to https://www.safemanitoba.com/Pages/default.aspx 

SAFE WORK 

S	SPOT THE HAZARD
A	ASSESS THE RISK
F	FIND A SAFER WAY
E	EVERY DAY

Tips for supervisors 
Starting points… 
This list, though not comprehensive, outlines information you should cover with your young workers. 

• Everyone is entitled to work in a healthy and safe work environment. 
• Everyone has the responsibility to contribute to making and keeping the workplace safe.
  Discuss: 
• Asking for help when they are unsure. 
• Proper equipment operation including the mandatory use of guards and lock-out systems. 
• Emergency procedures including the location of first aid, fire exits, extinguishers and eye wash stations. • How and when to use personal protective equipment. 
• Your company’s health and safety rules. 
• Correct lifting techniques. 
• Good housekeeping practices.
  Training techniques: 
• Because people learn differently, use a variety of training techniques with your young worker. 
• Guide your young worker through resources for health and safety information. 
• Schedule sufficient time in the appropriate learning environment. 
• Be hands-on, evaluate their learning and give them feedback. 

Bright ideas 

• Host a new worker welcoming get together to celebrate their arrival.
• Give a guided tour of the entire workplace. 
• Introduce new young workers to key people in the organization. This may include the Health and Safety Manager, Health and Safety Committee members or Health and Safety representatives. 
• Use articles and other information about workplace injuries and deaths that have occurred in other workplaces to reinforce the health and safety message. 
• Continually reinforce the importance of health and safety. 
• Put stickers on equipment warning young workers they shouldn’t use it without training or supervision. 
• Pair up your young worker with an experienced, safety-conscious worker. 
• Recognize safe work practices and if safety rules are not observed, find out why. 

Bottom line 
YOU have direct responsibility for the safety of your workers, but also a unique opportunity to be a role model for young workers just starting out. Be a part of creating tomorrow’s safe and healthy workforce.

To determine specific rights and obligations under the laws regulating workplace health and safety, the reader is directed to the provisions of the Workplace Safety and Health Act and the Regulations made under that statute.

Developing a Workplace Safety and Health Program

Work Safe Bulletin: No. 220, December 2002: Developing a Workplace Safety and Health Program https://www.safemanitoba.com/Resources/Pages/bulletin-220.aspx

Manitoba employment standards: an introduction

Resources 

• Department of Labour publishes several documents outlining employment standard
• Be diligent that you are being treated fairly 
• Available on their website http://www.gov.mb.ca/labour/standards/doc,quick_guide,factsheet.html

Employment standards code

• Outlines laws on minimum wage – hours of work, holidays and other workplace benefits 
• Laws are administered by a neutral party, the Employment Standards Branch of the Department of Labour 
• The Branch also investigates complaints of violation 

Who is not covered?

• Self-employed people 
• Parts of the code do not apply to certain categories of workers including: 
• Agricultural workers, Sitters, Professionals, Part-time domestic workers, Crown employees, Family members in a family business, Temporary election workers 
• Industries under federal jurisdiction 

Employee pay 

• As of October 1, 2017, the minimum wage is $11.15 
• Equal pay for men and women doing substantially the same work in the same establishment 
• Employee must be paid at least twice a month and within 10 working days after the end of each pay period 
• Employee must be paid within 10 working days of termination
• Deductions can be only those authorized by law or specifically consented to by the employee 
• Unions negotiate deductions 
• CPP contributions mandatory 

Overtime 

• Standard work hours o 8 hours per day 
• 40 hours per week
• Unless exemptions are made through collective agreement 
• If employee works more hours than this 
• Overtime pay must be paid at a rate of 1.5 regular pay or 
• Paid time off given at 1.5 times number of hours (time off must be taken within 3 months of overtime unless agreement in writing to extend beyond 3 months) 

Minimum age of employment 

• If child under 16, permit must be obtained 
• Signed by parent or guardian and employer
• If during school year, also signed by principal 
• Babysitters not covered 

Vacations 

• All employees covered by code, entitled to annual vacations with pay 
• For each year worked for same employer, 2-week paid vacation 
• After 5 years, 3 weeks 
• For two weeks, allowance is 4% of gross wages (excluding overtime) 
• For three weeks, allowance is 6% of gross wages (excluding overtime) 
• Employer must pay the vacation allowance by last working day before vacation begins
• Other arrangements can be made as long as the employee agrees to them 
• If employee terminated before vacation, accrued allowance must be paid 
• If no agreement can be made on annual vacation dates, employer must give 15 day notice of the date that employee’s vacation will begin 
• Employee must take vacation at that time
• Employer cannot ask employee to take less than one week of vacation at one time 

General holidays 

• New Year’s Day
• Louis Riel Day (3rd Monday in February)
• Good Friday 
• Victoria Day 
• Canada Day 
• Labour Day 
• Thanksgiving Day 
• Christmas Day 

Maternity leave 

• 17 weeks unpaid leave, if worked for same employer for 7 months 
• May begin any time during the 17 weeks before expected delivery date and end no later than 17 weeks after delivery date 
• After that, parental leave is available for up to 37 weeks
• Mothers must have employer agree to an arrangement where she takes parental leave at any time other than right after maternity leave 
• Father can take parental leave any time with 52 weeks of the child’s birth or adoption
• Written notice is required at least 4 weeks before the beginning of parental leave
• Employees may end his or her maternity/parental leaves early by giving 2 weeks or 1 pay period notice before the day she/he wishes to return
• Must be reinstated to former position or a similar position at same or higher wage
• Paid maternity/parental leave is federal jurisdiction 

Entitlements

• At least 30 minutes unpaid meal break for every 5 hours worked 
• 1 day off/week (some exceptions, e.g. home care) 
• Employees must be paid a minimum of 3 hours of pay if called in on non-working day (for those who normally work more than a 3 hour day) 
• If required to begin or end work between midnight and 6 a.m., employer must cover cost of adequate transportation to work or place of residence

Discretionary 

• Coffee breaks 
• Sick days
• Compassionate bereavement leave
• August Civic Holiday 
• Easter Sunday 
• Boxing Day

Termination

• Notice usually at least 1 pay period in advance except when:
• Occurs within first 30 days of employment
• If different notice practice established 
• If employment for a specific length of time or task 
• Violence or other inappropriate behaviour

Protection 

• Employers cannot threaten to or actually suspend, terminate or restrict employees or layoff or discriminate for the following reasons 
• Garnishment proceedings against employee
• Filing a complaint under the code 
• Giving evidence or information under the code 
• Statements of disclosure under the code 
• Refusing to work on a Sunday

Privacy law in Manitoba

FIPPA – Freedom of Information and Protection of Privacy Act 

PHIA – Personal Health Information Act 

Why – Privacy law 

• 1980 – OECD Fair Information Practices 
• European Union – 1990s – principles enshrined
• Canadian Standards Association – model code for the protection of personal information – 10 principles 

FIPPA “Public Bodies” covered 

• Provincial Government Departments and Government Agencies
• Local Government Bodies 
• Municipalities 
• Northern Affairs Councils
• Conservation and Planning Districts
• Health Care Bodies
• Regional Health Authorities 
• Hospitals 
• Educational Bodies 
• School Divisions/School Districts
• Universities 
• Colleges

PHIA “Trustees” covered 

• Public bodies under FIPPA
• Licensed, registered or designated Health Professionals 
• Health care facilities 
• Hospitals, Personal care homes 
• Health services agencies 
• VON, We Care, Lab/X-Ray Clinics, Cancer Care, Community clinics 

Definitions 

• FIPPA 
• Record 
• Electronic, handwritten, photo, fax, e-mail
• Personal Information 
• Recorded about an identified individual – name, address, belief, numbers assigned 
• Limits
• Court system, exam question, behalf act 
• Exercising the rights of another person 
• Parents, guardian, child can act under minor requires privacy, based upon their maturity 
• PHIA 
• Personal Health Information
• Records identification number 
• Health Care
• Provision 
• Exercising the rights of another person 
• Require rights, judgement, be compatible on someone else’s behalf

Access 

• Rights under FIPPA
• Prescribed form, time frame and fees 
• Section 17 and Section 30 
• Correction 
• Rights under PHIA 
• Requesting one’s own personal health information
• Section 11 
• Correction 

FIPPA Board applies to all information. Within 30 days, they can give you access to anything any public body has on you. 

Privacy 

• Provides for privacy and confidentiality by imposing some restrictions on the: 
• Collection
• Use
• Disclosure 
• Retention, and 
• Destruction 
• Of personal/personal health information 

Privacy limitations 

• Less is Best – Public Bodies/Trustees/Organizations should only collect, use and disclose the minimum amount of information for an identified purpose
• Employee access should be limited to and based on the need to know principle 

10 privacy principles

• Accountability
• Identifying purposes
• Consent
• Limiting collection
• Limiting use, disclosure, and retention
• Accuracy
• Safeguards
• Openness 
• Individual access
• Challenging compliance 

Accountability 

• Responsible for the information under the organization’s control 
• FIPPA – Access and Privacy Officer; Access and Privacy Coordinator 
• PHIA – Privacy Officer 
• Responsibility assigned, know legislation, rights responsibility
• Any information in the profession, custody or control of the organization 
• Inside or outside of organization 
• If in custody of a 3rd party, ensure confidentiality by contract 
• Clauses bounded rules 
• Policies, procedures to protect, an internal review process, training

Identifying purposes

• Notice – FIPPA/PHIA 
• Orally or in writing
• Why was the personal information collected?
• Explanation 
• Re use or disclosure 
• How will this information be shared? 

Consent 

• Required for collection, use and disclosure
• Exceptions – FIPPA/PHIA 
• At time of collection 
• Informed consent 
• Explicitly specified and legitimate purposes 
• Time limited 
• Ability to withdraw 
• Forms of consent
• Written/oral 
• Check-off box
• Implicit/Explicit 
• Don’t want information
• Need consent 

Limiting collection 

• To the necessary information for purpose identified
• By fair and lawful means
• Collection with consent

Authorized collection without consent 

FIPPA – Section 37 

• While determining eligibility
• Time and circumstances
• Harm 
• Inaccurate information
• Law enforcement 
• HR activities 
• Parole/Probation
• Enforcing maintenance orders
• Auditing, evaluating programs
• Informing Public Trustee/Vulnerable Persons Commissioner 

PHIA – Section 14(2) 

• Endanger the mental or physical health or safety of individual or another person 
• Time and circumstances 
• Inaccurate information
• Court order or another Manitoba or Federal Act 

Limiting use, disclosure, and retention 

Use 

• Sharing within an organization 
• For the purpose it was collected 
• Other authorized purposes – FIPPA/PHIA 

Authorized use without consent 

FIPPA – Section 43 

• For the purpose identified at collection 
• Consistent purpose – Section 45 
• For the reason it was disclosed to the program 

PHIA – Section 21 

• For the purpose directly related to what was identified at collection 
• To prevent or lessen a serious or immediate threat 
• Authorized by a Manitoba or Federal Act 

Disclosure 

• Sharing outside the organization’s boundaries 
• With consent or with authorization
• FIPPA/PHIA 

Authorized disclosure without consent 

FIPPA – Section 44 

• For the purpose identified at collection 
• Complying with acts/treaties/arrangements/agreements 
• Authorized/required by federal/provincial Act 
• Determining/verifying eligibility 
• Protecting mental/physical health or safety 
• Law enforcement 
• Subpoena/Court order/Warrant 
• Determining/collecting fine, debt, tax or payment owing 
• Existing or anticipated legal proceedings 
• If already public 

PHIA – Section 22 

• To a person who is providing or has provided health care 
• To any person if disclosure is necessary to prevent/lessen a serious and immediate threat to 
• Contacting a relative/friend of an injured/incapacitated or ill individual 
• Authorized/required by federal/provincial act 
• Complying with arrangement/agreement under provincial/federal law 

Retention 

• Archives and Record Keeping Act 
• Records Authority Schedules 
• Records Management 

Destruction 

• Do not destroy before retention period
• In a manner that preservers the confidentiality 
• PHIA – record of destruction 

Accuracy 

• Accurate, complete, up-to-date 
• Request for correction – FIPPA/PHIA 
• Timeframes 
• Recourse 

Safeguards 

• Appropriate to the sensitivity of information 
• Higher the sensitivity – higher the security
• FIPPA – reasonable protection for personal information
• PHIA 
• Physical safeguards
• E.g. locked filing cabinets/rooms 
• Technical safeguards 
• E.g. passwords, secure networks, encryption
• Administrative safeguards
• E.g. policies, orientation/training, pledge 

Examples of insufficient security 

• Lack of policies outline appropriate use and access by staff
• Paper records stored in an area accessible by the public 
• Improperly stored passwords 
• Emailing personal health information over an unprotected network (i.e. Internet) without encryption
• Providing personal health information over the phone without verifying the identity of the individual

Openness 

• Name, title, address of Privacy Officer/Access and Privacy Coordinator 
• Means of gaining access to personal information 
• Description of the personal information held by the organization 
• Access and Privacy Directory 
• How personal information is shared with other organizations 
• How is the information made available

Individual access 

Individuals must be informed of the existence, use and disclosure 

• Access 
• FIPPA application form 
• PHIA orally or in writing 
• Timeframe of a request 
• FIPPA/PHIA 
• 30 days 
• Extension – FIPPA 
• Fees 
• No cost recovery 
• Exceptions to access – reasons for refusal 
• FIPPA 
• Sections 17, 24, and 30
• Another 3rd party’s privacy 
• Harm to individual or public safety
• Confidential evaluations 
• PHIA
• Section 11
• 3rd party’s personal information
• Identity of someone who provided information in confidence
• Harm to individual or to public safety

Challenging compliance

• FIPPA/PHIA 
• Provincial Ombudsman 
• Court of Queen’s Bench 
• Only Access complaints The Provincial Ombudsman receives complaints and initiate investigations regarding said complaints. 

Privacy pyramid

The more sensitive the information, the higher the level of legislative protection 

Adoption Act: sensitivity, Manitoba 

Youth Justice Criminal Act: clear override, sensitive information, conviction principal only

Child & Family Services Act: absolute protection

Mental Health Act: Limited, Record created whilst in 

PHIA: January 2004, private sector only 

PIPEDA: Privacy policies 

FIPPA: personal information

Parents and Internet Access

Winnipeg Public Library 

Parents and Internet Access 
Winnipeg Public Library has purchased an Internet booking system to manage the thousands of Internet bookings it handles each month. This system will allow library users to use their Winnipeg Public Library card to book Internet time in advance. 

Parents of children and young adults 17 years and under can decide the type of Internet access they would like their children to have at Winnipeg Public Library. Parents must sign their children’s or young adult’s library card application. Parents can choose the options of No Internet Access or Filtered Internet Access Only on the library card application. If one of these options is not chosen the child or young adult will have Unfiltered Internet Access. If your child or young adult already has a library card you must contact your local library to let us know which of the options you want for your child. 

What type of Internet access does Winnipeg Public Library provide? 
All Children’s Services Internet Workstations use filtering software. Some Adult Services Internet workstations also are filtered, but most provide unfiltered access. 

What is a filter?
A filter is software which controls or limits access to Internet content. Winnipeg Public Library has chosen a filter which blocks chat on all workstations. The library also blocks access on children’s workstations in subject categories such as hate literature, extreme violence, and explicit sexual content. 

For more information look at the N2H2 Filtering Policy at the bottom of the screen on a filtered workstation.

A filter is not perfect. There is a 10-15% chance that the filter might not block material it was set up to filter. 

If I am on a Filtered Workstation what do I do if I have a concern about a site? 
You can email N2H2 and ask for a review of the site. WPL staff are not involved in this review. Just click on the Request Review on the Filtering Philosophy page.

Where can I look on the Internet for good sites for our family? 
The Winnipeg Public Library’s web site at http://www.winnipeg.ca/library/ is a good place to start. In the sections for Kids and Teens there are lots of selected sites. The For Parents and Caregivers site has links for further information regarding Internet safety.

Internet filtering at Winnipeg Public Library –dated November 2000

What is a filter?
A filter is software which controls or limits access to Internet content. Winnipeg Public Library has chosen a filter which blocks chat on all workstations. The Library also blocks access on children’s workstations in subject categories such as hate literature, extreme violence, and explicit sexual content. A filter is not perfect. There is a 5 to 10% chance that the filter might not block material it was set up to filter. 

What type of Internet access does Winnipeg Public Library provide?
All Children’s Internet workstations use filtering software. Some Adult Services Internet workstations also are filtered (but most provide unfiltered Internet access). Children can also use unfiltered Adult Internet workstations. Parents should discuss appropriate Internet use with their children. It is the responsibility of parents to let their children know which workstations they should use at the Library. 

For more information on filters, look at the N2H2 Resource Bar at the bottom of the screen of any filtered workstation.

If I am on a Filtered Workstation what do I do if I have a concern about a site?
You can email N2H2 and ask for a review of the site. (Library staff are not involved in this review.) Just clock on the “Request Review” on the N2H2 Resource Bar at the bottom of the screen and complete the information boxes. 

Where can I look on the Internet for good sites for our family? 
The Winnipeg Public Library’s Web site at http://wpl.winnipeg.ca/library is a good place to start. In the Kids and Teens sections there are lots of selected sites. In the Parents section there are sites dedicated to the whole family.

Code of conduct

Winnipeg Public Library Code of conduct http://wpl.winnipeg.ca/library/pdfs/downloadables/codeofconductE.pdf

Copyright fundamentals (and Trench warfare)

Copyright basics

• By definition, it is the right to copy a creation
• Must be fixed and it must be original 
• Exists in every original literary, dramatic, musical and artist work, including print and electronic books, articles, illustrations, photos, songs, computer software, CD-ROMs, videos, digital images
• Cannot copyright ideas, information, facts, history or news events 
• Can copyright the expression of ideas, facts, etc. 
• Copyright generally lasts 50 years after the death of the author and then it falls into the public domain
• Regardless of origin, copyrighted material used in Canada is covered by Canadian Copyright Law
• Collectives have been created so that users can acquire, for a fee, further rights
• Creators’ rights include economics and moral
• Users’ rights are very limited 

Rights of creators under the Canadian Copyright Act 

• To reproduce a work 
• To publish a work 
• To perform a work in public
• To publish a translation of the work 
• To communicate a work publicly via telecommunications 
• To adapt a work 
• To rent a computer program and sound recording
• To authorize other to do such acts 

Rights of users under the Canadian Copyright Act

• Insubstantial use 
• Fair dealing
• Exceptions 

General exceptions
1) Insubstantial use (existed since passage of the 1924 Act) 

• If a creator controls a substantial part of his/her work, then a user has the right of insubstantial use Problem is that there is no definition of “insubstantial use,” but again international case law suggests 1-2% 

2) Research of private study, criticism or review, reporting or news summary (in force September 1, 1997) 

• Fair dealing for the purpose of research and private study, provided basic bibliographic information is provided 
• Fair dealing for the purpose of criticism or review, reporting or news summary, provided the source is provided
• Problem is that fair dealing is not defined in the Copyright Act; nor does it refer specifically to teaching 
• Problem is that there are few reasonable examples of case law; however, based on international case law, “fair” seems to mean approximately 2% 
• Don’t confuse “fair dealing” with the American “fair use,” the latter being far more liberal 

Your use of overheads, opaque projections, black boards, white boards 
A) Copyright exception

1. Reproduction for instruction
   • Manual reproduction (e.g. handwritten) onto white board, black board, flip charts and overheads
   • Make a copy of an image to project using an overhead projector or other device (e.g. opaque projector, projection unit)

Computer programs 

Permitted acts. 30.6 It is not an infringement of copyright in a computer program for a person who owns a copy of the computer program that is authorized by the owner of the copyright to 

(a) make a single reproduction of the copy by adapting, modifying or converting the computer program or translating it into another computer language if the person proves that the reproduced copy is

(i) essential for the compatibility of the computer program with a particular computer
(ii) solely for the person’s own use
(iii) destroyed immediately after the person ceases to be the owner of the copy, or;

(b) make a single reproduction for backup purposes of the copy or of a reproduced copy referred to in paragraph (a) if the person proves that the reproduction for backup purposes is destroyed immediately when the person ceases to be the owner of the copy of the computer program.

1997, c. 24, s. 18 

Exceptions for off-air taping and performance of television and radio programs
Copying off-air of news and news commentary programs

• Copy at the time of communication to the public via telecommunications a news or news commentary program, not a documentary or feature film, for a period of one year after which you must either erase the program or purchase 
• Must complete a record keeping form created by the Canadian Copyright Board
• A new collective – the ERCC – has been created to collect your money
• If you continue to have the program beyond one year, then you must pay an approved tariff 

Copying for the purposes of evaluating 

• Copy at the time of communication to the public via telecommunications any program (excluding news and news commentary programs) and evaluate for a period of up to 30 days, before destroying or purchasing (i.e. you cannot show these programs in a classroom) 
• Must complete a record keeping form 
• If you continue to have the program beyond 30 days, then you must pay an approved tariff 

Guidelines for Distinguishing Between News Programs, News Commentary Programs, and Documentaries
No royalty is payable for taping a single copy of a news program or news commentary program provided that that copy is destroyed within one year after the making of such copy. This royalty exception does not apply to “other” programs, such as documentaries and feature films. 

To determine whether a royalty is payable, educators may refer to the following guidelines, which are intended to assist in distinguishing between the three categories of program. The initial guidelines were developed in cooperation with the ERCC and representatives of elementary, secondary, and postsecondary educational institutions. This list has been updated by Manitoba Education, Citizenship, and Youth to reflect the current situation.

1. A news program is a program reporting on local, regional, national, and international events as they happen, and includes weather reports, sportscasts, community news, and other related features or segments contained within the news program. Examples are The National (the first half-hour only), Ontario Ce Soir, BBC World Report, Le Téléjournal.
2. A news commentary program is a program containing discussions, explanations, analysis, observations or interpretations of the news and having a preponderance of the following elements: “talking head(s)”; minimal editing; minimal “shelf life” in its original form; and, if in interview or panel discussion format, unscripted responses. Examples are As It Happens, Studio 2, The Editors, Larry King Live, Le Point.
3. Other programs are programs that are not news or news commentary programming. Feature films and documentaries are examples of other programs. A documentary is a socially relevant program with a creative vision and/or viewpoint and with a preponderance of the following elements: significant research and preparation; pre-scripting; significant editing; and significant “shelf life.” Examples are: Life & Times, Venture, Marketplace, The Nature of Things, Rex Murphy, Les affaires et la vie, D’un soleil a l’autre.

Moral rights under the Canadian Copyright Act
Special rights designed to protect the author’s personality or reputation 

• Three types: 
• Moral rights, unlike economic rights, cannot be assigned 
• Moral rights can be waived
• Nothing in the act to prevent licensing or moral rights 

Some copyright collectives in Canada 

• Access Copyright (formerly Cancopy)
• Audio Cine Films 
• Canadian Musical Reproduction Rights Agency Limited (CMRRA) 
• Canadian Private Copying Collective (CPCC) 
• Society of Composers, Authors, and Music Producers of Canada (SOCAN) 
• Société québécoise de gestion collective des droits de reproduction (COPIBEC) 
• Visual Education Canada 

Pan Canadian Schools/CanCopy Licence Agreement 1999-2004
As Extended August 26, 2004 
(Until the Copyright Board rules on the tariff in 2006) 

Authorized purposes
(c) “Authorized purposes” means copying for any not-for-profit purpose within or in support of the mandate of the educational institution in Canada, including:

(i) Educational (including testing and examination activities), professional, research, archival, administrative and recreational activities; 

(ii) Communication with and providing information to parents, school advisory/parent council and other members of the community; 

(iii) Copying related to the production of teacher implementation documents, correspondence school and distance learning courses, curriculum documents, workshop packages, provincial examinations and all other similar copying activity, and 

(iv) Making a reasonable number of copies for reference in or a loan by libraries; 

Permitted copying
  5.1 Permitted Copying: This Agreement Authorizes Copying of either ten percent (10%) of a Published Work, or any of the following parts of a Published Work, whichever is greater: 

(a) an entire single short story, play, essay, article or poem from a book or periodical issue (including a set of conference proceedings) containing other works; 

(b) an entire newspaper article or page; 

(c) an entire entry from an encyclopedia, dictionary, annotated bibliography or similar reference work; 

(d) an entire reproduction of an artistic work (including drawings, paintings, prints, photographs and works of a sculpture, architecture or artistic craftsmanship) from a book or periodical issue containing other works; and 

(e) an entire chapter which is twenty percent (20%) or less of a book. 

Multiple copies 

5.13 Multiple copies: Except where otherwise stated, this Licence authorizes the making of: 

(a) the number of copies which is sufficient to permit each student to have one Copy only for his or her personal study and each teacher to have two Copies; 

(b) the number of copies required for administrative purposes, including communication of information to parents and to the community; and 

(c) a reasonable number of Copies for reference in or loan by Libraries.

Proper citation 

5.11 Notice on Copies: The Licensees shall notify their respective employees and agents that, in accordance with good bibliographic practice, Copies of Published Works shall include, on at least one page, a credit to the author, artist or illustrator, and to the source. 

e.g. John Tooth Looking for Manitoba Government Publications, per the Pan Canadian Copyright Agreement 

e.g. John Tooth “Victory for Users,” Macleans, per the Pan Canadian Copyright Agreement 

Society of Composers, Authors, and Music Publishers of Canada (SOCAN)

• Music used in classrooms covered by an exception in the Canadian Copyright Act 
• Music used for “extracurricular” activities is not covered by the Act 
• SOCAN Letters to school divisions 
• Music at lunch, recess, at games, at dances
• License .25/student/year 

Educational Rights Collective of Canada (ERCC)

• Collective designed to collect revenue from educational institutions for off air taping of TV and radio programs 
• Debate on the reporting of Cable in the Classroom programs continues (law states you do; CITC states you don’t) 
• Reporting form can be sent electronically to the ERCC 
• Viability of the ERCC is still in doubt 
• Reporting dates: January 31, May 31, September 30 
• Public Broadcasting in the US 

ERCC – Tariff 

• Interim tariff for 2003-2006 set by the Canadian Copyright Board 
• Tariff 
• Transactional license for TV signal:
• $1.60/minute/unlimited use/physical life of the tape
• Must report performances
• Comprehensive license for TV signal: 
• $1.73 per FTE/annually
• Must report performances
• Details see: https://web.archive.org/web/20060502021229/http://www.cb-cda.gc.ca/news/interimercc-e.html

Video and radio programs

• Home use versus public performances 
• Hard copy versus duplication rights
• Canadian Copyright Act exceptions: 
• Taping of “news and news commentary” programs (one year’s free use in the classroom)
• Taping of “other” programs (30 day evaluation only) 
• Cable in the Classroom
• Copyright cleared programs
• Prairie Public Television 
• IRU Catalogue http://library.edu.gov.mb.ca/cgi-bin/koha/opac-main.pl 
• video programs ($15.00/60 minute tape) 

Where we are in the copyright world generally : (Schools Agreement) 

• Pan Canadian Schools/Cancopy Copyright License Agreement, 1999-2004
• The 1999-2004 Agreement was extended on August 26, 2004
• Agreement was to continue under the same terms and conditions until sometime in 2006 when the Copyright Board will rule on Access Copyright’s proposed tariff of $12.00/per full time student for the period 2005-2009 and on  retroactivity  to August 31, 2004 
• CMEC Copyright Consortium has hired lawyers to represent Canadian public schools as “objectors” to the proposed tariff and to  retroactivity 
• There was to be a scheduled joint CMEC/Access survey across Canada of photocopying in schools likely in the 2005 calendar year 
• The survey was likely to involve some 110 schools in Manitoba and 6 school boards 
• The survey was to be 10 consecutive school days and Access Copyright photocopier observers was to be present 
• New Exclusions List for 2004/05, which had been distributed to schools and school board offices 
• New version of the booklet “Copyright Matters!” 2005: a physical copy was to be sent to each teacher in Manitoba during February 2005 and it was also available electronically on the IRU Copyright web site 

Where are we in the Copyright World (Legal cases) 

• CCH v. The Law Society of Upper Canada (legal publishers case)
• The making and transmittal of copies of judicial copyrighted material by library users and library staff was within the intent of fair dealing
• Balanced approach to copyright by the Supreme Court of Canada
• Online Music Case (Tariff 22 decision) 
• Downloading of music for private use and sharing via computer did not constitute copyright infringement
• Balanced approach to copyright by the Supreme Court of Canada 
• Privacy Interests 
• Federal court rules that music recording industry had not presented a sufficient case to warrant invasion of privacy interests of individual Canadians (e.g. to force Internet providers to reveal the music downloading habits of some 29 million Canadians)
• Canadian Heritage “Interim Report on Copyright Reform: Report of the Standing Committee on Canadian Heritage” (May 2004)
• Heritage Committee was going to recommend to Cabinet that there be an amendment to the Copyright Act permitting the collective licencing of Internet materials used for educational purposes (e.g. you will have to pay to use the Internet for educational purposes, or try off the Internet) 
• On February 16th, at a meeting between CMEC Copyright Committee and the Minister of Canadian Heritage, The Honourable Liza Frulla indicated that the copyright legislation to be addressed in June 2005 will not include the educational use of the Internet 
• o Philosophy is: collectives first; exemptions unnecessary 
• o Internet address:  http://www.ourcommons.ca/Committees/en/heri/Work?parl=37&session=3&show=reports 

CMEC Position 

Educational Use of the Internet 

Amend the Copyright Act such that an educational institution or a person acting under its authority, including a student, may do the acts listed below in relation to all or part of a work or other subject-matter that has been made publicly available on a communication network, provided the act is done in a place where a student is participating in a program of learning under the authority of an educational institution, is done for educational or training purposes, and it not for profit, and provided that the source is mentioned giving the names of the authors, performer, maker, or broadcaster if provided in the source:

(a) use a computer for reproduction, including making multiple reproductions for use in the course for instruction;

(b) perform in public before an audience consisting of primarily students of the educational institution, instructors acting under the authority of the educational institution, or any person who is directly responsible for setting curriculum for the educational institution; and

(c) communicate to the public by telecommunication to or from a place where a person is participating in a program of learning under the authority of an educational institution. 

Directions for a more user-friendly Copyright Act
1. Position of the CMEC, CTF, CSBA:

• Since the majority of the material on the Internet is created by authors who are not interested in asserting their copyright and have no expectation of profit, these materials are therefore “publicly available,” that is, they are intended to be used without cost 
• CMEC proposes to the federal government that there be an expansion of the “fair dealing” exemption to cover the use of “publicly available” material copied from the Internet for educational purposes; this would be followed by a licensing scheme for non-publicly available material 
• This amendment to the Copyright Act is known as the “Educational Use of Internet”
• Philosophy is: Exemptions first, Collectives second 
• Thus, the “fair dealing” defense would also include education and teaching purposes, in addition to research or private study, review or news reporting 
• The exception would permit students and teachers in day-to-day instruction to copy, perform and exchange copyrighted materials made publicly available on the Internet 

2. Why does education need an exemption? 

• Obtaining copyright clearance for day-to-day instruction is not possible or practical 
• Blanket licensing through a collective of “publicly available” material on the Internet is not likely
• Students and teachers need to be able to use legally (without infringing copyright) the material they find on the Internet if they are to develop the skills needed to participate in a global knowledge economy
• Students required to acknowledge source 
• Respect for intellectual property
• Students and teachers often break copyright law when they use the Internet
• Copying an image for a school project is an infringement of copyright
• Copying text to study later is an infringement of copyright
• Forwarding an email to a student or teacher is an infringement of copyright 

For further information on Copyright in Canada: 

• Wanda Noel. (1999). Copyright Guide for Canadian Libraries. Ottawa: Canadian Library Association, $44.95, ISBN: 0-88802-294-8. 
• John Tooth. “CLA Copyright Information Web Site,” Canadian Library Association, http://cla.ca/resources/copyright-information/
• Lesley Ellen Harris. (2001). Canadian Copyright Law 3rd Edition, Toronto: McGraw-Hill. ISBN: 007-560-369-1.
• Lesley Ellen Harris. (1998). Digital Property: Currency of the 21st Century. Toronto: McGraw-Hill Ryerson. ISBN: 0-07-552864-0.
• Council of Ministers of Education, Canada. (2012) Copyright Matters!: Some key questions and answers for Teachers. Toronto: CMEC. (Bilingual) http://cmec.ca/Publications/Lists/Publications/Attachments/291/Copyright_Matters.pdf
• Wanda Noel. (1996). Copy right! (videocassette) and Teacher’s Guide (1996) For Grades 5-S1. Available for loan or duplication from the Instructional Resources Unit, Manitoba Education, Citizenship and Youth. For Loan #0926, Duplication VT-0362, $12.00