C-5 2 41 62-63 Elizabeth II 2013-2014

An Act to amend the Canada-Newfoundland Atlantic Accord Implementation Act, the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act and other Acts and to provide for certain other measures

Offshore Health and Safety Act

Canada-Newfoundland Atlantic Accord Implementation and Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation 2014 6 19 13 2014 90679

SUMMARY

This enactment amends the Canada-Newfoundland Atlantic Accord Implementation Act and the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act (the “Accord Acts”) in order to increase the level of safety and transparency of offshore petroleum activities.

The main purpose of the amendments is to establish a new occupational health and safety regime in the offshore areas.

In addition, it amends the Accord Acts to, most notably,

(

a) ensure that occupational health and safety officers, special officers, conservation officers and operational safety officers have the same powers for the administration and enforcement of the Accord Acts;

(

b) clarify that the new occupational health and safety regime applies to the transportation of persons who are in transit to, from or between workplaces in the offshore areas;

(

c) require that any occupational health and safety regulations that apply to the transportation of persons who are in transit to, from or between workplaces in the offshore areas be made on the recommendation of the Minister of Transport; and

(

d) authorize each of the Canada–Newfoundland and Labrador Offshore Petroleum Board and the Canada-Nova Scotia Offshore Petroleum Board to publicly disclose information related to occupational health and safety if it considers it to be in the public interest.

It amends the Hazardous Materials Information Review Act to enable health and safety officers to get privileged information and to enable employers subject to the Accord Acts to apply to the Chief Screening Officer for exemptions from disclosure requirements in the same manner as employers under the Canada Labour Code . It also amends the Access to Information Act to prohibit the disclosure of certain information.

It amends the Canada Labour Code to closely follow the Accord Acts with respect to the time frame for the institution of proceedings, and with respect to prohibitions on the sharing of information and on testimony.

It also amends certain Acts and regulations to make terminological changes that are required as a result of certain amendments to the Canada-Newfoundland Atlantic Accord Implementation Act .

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Short title

This Act may be cited as the Offshore Health and Safety Act .

1987, c. 3

CANADA-NEWFOUNDLAND ATLANTIC ACCORD IMPLEMENTATION ACT

The

long title of the French version of the Canada-Newfoundland Atlantic Accord Implementation Act is replaced by the following:

Loi concernant la mise en oeuvre de l’accord entre les gouvernements du Canada et de Terre-Neuve-et-Labrador sur la gestion des ressources en hydrocarbures extracôtiers et sur le partage des recettes correspondantes et apportant des modifications corrélatives ou connexes

Section 1 of the Act is replaced by the following:

Short title

This Act may be cited as the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act .

(1) The definition Canada-Newfoundland benefits plan in

section 2 of the English version of the Act is repealed.

(2) The

definitions Board , Province , Provincial Act and Provincial Minister in

section 2 of the Act are replaced by the following:

Board

Office

Board means the Canada–Newfoundland and Labrador Offshore Petroleum Board referred to in

section 9;

Province

province

Province means the province of Newfoundland and Labrador;

Provincial Act

loi provinciale

Provincial Act means the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act , R.S.N.L. 1990, c. C-2, as amended from time to time;

Provincial Minister

ministre provincial

Provincial Minister means, other than for the purposes of

Part III.1, the Minister of the Crown in right of the Province designated by the Provincial Government as the provincial minister for the purposes of this Act.

(3) Section 2 of the English version of the Act is amended by adding the following in alphabetical order:

Canada–Newfoundland and Labrador benefits plan

plan de retombées économiques

Canada–Newfoundland and Labrador benefits plan means a plan submitted under subsection 45(2);

Section 7 of the Act is replaced by the following:

Approval of Provincial Minister

(1) Before a regulation is made under subsection 5(1), subsection 41(7),

section 64, subsection 67(2),

section 118, subsection 122(1), 125(1) or 149(1) or

section 203, the Federal Minister shall consult the Provincial Minister with respect to the proposed regulation and no regulation shall be so made without the approval of the Provincial Minister.

Approval of Provincial minister

(2) Before a regulation is made under subsection 205.001(3) or (4) or 205.124(1), the Federal Minister shall consult the minister of the government of the Province who is responsible for occupational health and safety with respect to the proposed regulation and no regulation shall be so made without the approval of that minister.

Section 9 of the Act is amended by adding the following after subsection (1):

Change of name

(1.1) The name of the Canada-Newfoundland Offshore Petroleum Board is changed to Canada–Newfoundland and Labrador Offshore Petroleum Board and the Canada–Newfoundland and Labrador Offshore Petroleum Board is deemed to have been established under subsection (1).

References

(1.2) A reference in any contract, document, instrument, proclamation, by-law or order in council to the Canada-Newfoundland Offshore Petroleum Board is, unless the context otherwise requires, to be read as a reference to the Canada–Newfoundland and Labrador Offshore Petroleum Board.

(1) Paragraph 12(4)(

b) of the Act is replaced by the following:

(

b) if the two members of the panel fail to agree on the appointment of the chairperson of the panel within the 30-day period referred to in paragraph ( a ), by the Chief Justice of Newfoundland and Labrador within 30 days after the expiration of that period.

(2) Subsection 12(5) of the English version of the Act is replaced by the following:

Selection of Chairperson of Board within 60 days

(5) The Chairperson of the Board shall be selected by the panel within 60 days after the appointment of the chairperson of the panel.

Section 25 of the Act is amended by adding the following after subsection (4):

Application of Newfoundland and Labrador legislation

(4.1) Newfoundland and Labrador social legislation as defined in subsection 205.001(1), the provisions of the Labour Relations Act , R.S.N.L. 1990, c. L-1, as amended from time to time, and the provisions of the Occupational Health and Safety Act , R.S.N.L. 1990, c. O-3, as amended from time to time, and any regulations made under that legislation or those Acts, apply to persons employed under subsection (1).

Non-application of Canada Labour Code

(4.2) Despite

section 4 and subsections 123(1) and 168(1) of the Canada Labour Code , that Act does not apply to persons employed under subsection (1).

The Act is amended by adding the following after

section 26:

Audit and evaluation committee

26.1

(1) The Board shall appoint an audit and evaluation committee consisting of not fewer than three members of the Board and fix the duties and functions of the committee and may, by by-law, provide for the payment of expenses to the members of the committee.

Internal audit

(2) In addition to any other duties and functions that it is required to perform, the audit and evaluation committee shall cause internal audits to be conducted to ensure that the officers and employees of the Board act in accordance with management systems and controls established by the Board.

Subsection 29(2) of the Act is replaced by the following:

Contents of report

(2) Each annual report submitted under subsection (1) shall contain an audited financial statement and a description of the activities of the Board, including those relating to occupational health and safety, during the fiscal year covered by the report.

Paragraph 41(1)(

c) of the Act is replaced by the following:

(

c) the feedstock requirements of any refining facility located in the Province that was not in place on the coming into force of this Act, other than a facility referred to in paragraph ( b ), if the feedstock requirements required to satisfy the demand of industrial capacity, on the day of the coming into force of this Act, in Nova Scotia, New Brunswick, Prince Edward Island and Newfoundland and Labrador have been met.

(1) Paragraph 42(1)(

d) of the English version of the Act is replaced by the following:

(

d) Canada–Newfoundland and Labrador benefits plans and any of their provisions; and

(2) Section 42 of the Act is amended by adding the following after subsection (1):

Occupational health and safety directives

(1.1) The Federal Minister, on the recommendation of the Minister of Labour, and the minister of the government of the Province who is responsible for occupational health and safety, may jointly issue to the Board written directives in relation to

(

a) the development of guidelines and

interpretation notes with respect to occupational health and safety matters; and

(

b) the implementation of any recommendations made by an auditor under

section 205.119 or made following an inquiry under

section 205.12.

(3) Subsections 42(2) and (3) of the English version of the Act are replaced by the following:

Directives binding

(2) The Board shall comply with a directive issued under this section.

Directives not statutory instruments

(3) Directives issued under this

section are not statutory instruments for the purposes of the Statutory Instruments Act .

(4) Subsection 42(4) of the Act is replaced by the following:

Notice in Canada Gazette

(4) When a directive is issued under this section, a notice shall be published in the Canada Gazette that the directive has been issued and that the text of it is available for inspection by any person on request made to the Board.

Paragraph 44(2)(

c) of the English version of the Act is replaced by the following:

(

c) if the potential development has been proposed to the Board by any person, require that person to submit and make available for public distribution a preliminary development plan, an environmental impact statement, a socio-economic impact statement, a preliminary Canada–Newfoundland and Labrador benefits plan and any other plan specified by the Board; and

The heading before

section 45 of the English version of the Act is replaced by the following:

Canada–Newfoundland and Labrador Benefits Plan

(1) Subsection 45(1) of the English version of the Act is replaced by the following:

Definition of Canada–Newfoundland and Labrador benefits plan

(1) In this section, Canada–Newfoundland and Labrador benefits plan means a plan for the employment of Canadians and, in particular, members of the labour force of the Province and, subject to paragraph (3)( d ), for providing manufacturers, consultants, contractors and service companies in the Province and other parts of Canada with a full and fair opportunity to participate on a competitive basis in the supply of goods and services used in any proposed work or activity referred to in the benefits plan.

1992, c. 35, s. 47

(2) Subsection 45(2) of the Act is replaced by the following:

Board approval of benefits plan

(2) Before the Board approves any development plan under subsection 139(4) or authorizes any work or activity under paragraph 138(1)( b ), a Canada–Newfoundland and Labrador benefits plan shall be submitted to and approved by the Board, unless it directs that that requirement need not be complied with.

(3) The portion of subsection 45(3) of the English version of the Act before paragraph (

a) is replaced by the following:

Particular provisions of plan

(3) A Canada–Newfoundland and Labrador benefits plan shall contain provisions intended to ensure that

(4) Subsections 45(4) to (6) of the English version of the Act are replaced by the following:

Affirmative action programs

(4) The Board may require that any Canada–Newfoundland and Labrador benefits plan include provisions to ensure that disadvantaged individuals or groups have access to training and employment opportunities and to enable those individuals or groups or corporations owned or cooperatives operated by them to participate in the supply of goods and services used in any proposed work or activity referred to in the benefits plan.

Duties of Board in reviewing plans

(5) In reviewing any Canada–Newfoundland and Labrador benefits plan, the Board shall consult with both Ministers on the extent to which the plan meets the requirements set out in subsections (1), (3) and (4).

Directives

(6) Subject to any directives issued under subsection 42(1), the Board may approve any Canada–Newfoundland and Labrador benefits plan.

Subsection 46(1) of the Act is amended by adding the following after paragraph ( c ):

( c.1 )

aviation regulation;

1988, c. 28, s. 257(F)

(1) Subsection 97(1) of the Act is replaced by the following:

Definition of Petroleum and Natural Gas Act

(1) In this Division, Petroleum and Natural Gas Act means

Part II of the Petroleum and Natural Gas Act , R.S.N.L. 1990, c. P-10, as amended from time to time.

(2) Subsections 97(2) and (3) of the French version of the Act are replaced by the following:

Redevances

(2) Sont réservées à Sa Majesté du chef du Canada les redevances, intérêts et amendes qui seraient fixés sous le régime de la

Loi sur le pétrole et le gaz naturel si la production provenait de la province. Chaque indivisaire d’une licence de production est tenu au paiement de ces redevances conformément au paragraphe (4).

Exception

(3) Les hydrocarbures objet de redevances sous le régime de la

Loi sur le pétrole et le gaz naturel échappent à l’assujettissement du paragraphe (2).

(3) Subsection 97(4) of the Act is replaced by the following:

Application of Newfoundland and Labrador legislation

(4) Subject to this Act and the regulations, the Petroleum and Natural Gas Act and the regulations referred to in subsection (4.1) apply, with any modifications that the circumstances require, for the purposes of this

section and, without limiting the generality of the foregoing,

(

a) a reference in that Act to Her Majesty in Right of the province is to be read as a reference to Her Majesty in right of Canada; and

(

b) a reference in that Act to the province is to be read as a reference to the offshore area.

Application of Newfoundland and Labrador regulations

(4.1) The following regulations apply for the purposes of subsection (4):

(

a) any regulations made under the Petroleum and Natural Gas Act; and

(

b) any regulations made under

an Act that was replaced by the Petroleum and Natural Gas Act, to the extent that those regulations remain in force in accordance with the laws of the Province and are not inconsistent with the Petroleum and Natural Gas Act.

(4) Subsection 97(5) of the French version of the Act is replaced by the following:

Interdiction des parts de la Couronne

(5) Les dispositions de la

Loi sur le pétrole et le gaz naturel et de ses règlements n’ont pas pour effet de réserver à Sa Majesté une part de la Couronne sur les titres extracôtiers.

Subsection 98(6) of the French version of the Act is replaced by the following:

Imputation

(6) L’accord peut prévoir, selon les modalités déterminées, que toute somme reçue par le gouvernement de la province, sous le régime de l’article 97, ou sous celui de l’article 97 et de la

Loi sur le pétrole et le gaz naturel, peut être imputée par celui-ci sur les sommes — impôts, taxes, intérêts, amendes ou autres — à payer par la personne assujettie sous leur régime en dépit de toute indication contraire de celle-ci ou l’absence d’indication.

The definition court in subsection 102(1) of the Act is replaced by the following:

court

tribunal

court means the Trial Division of the Supreme Court of Newfoundland and Labrador and includes any of its judges;

Subsection 123(1) of the Act is replaced by the following:

Notice to comply

(1) If the Board has reason to believe that an interest owner or holder is failing or has failed to meet any requirement of this Part or

Part III or III.1 or any regulation made under any of those Parts, the Board may give notice to that interest owner or holder requiring compliance with the requirement within 90 days after the day on which the notice is given or within any longer period that the Board considers appropriate.

Subsection 124(10) of the Act is replaced by the following:

Judicial review

(10) Any order, decision or action in respect of which a hearing is held under this

section is subject to review and to be set aside by the Trial Division of the Supreme Court of Newfoundland and Labrador.

(1) Section 138 of the Act is amended by adding the following after subsection (3):

Copy to Chief Safety Officer

(3.1) On receipt by the Board of an application for an authorization for a work or activity referred to in paragraph (1)(

b) or of an application to amend such an authorization, the Board shall provide a copy of the application to the Chief Safety Officer.

(2) Section 138 of the Act is amended by adding the following after subsection (4):

Limitation

(4.1) The approvals, requirements and deposits that are determined, granted or prescribed shall not be inconsistent with the provisions of this Act or the regulations.

1992, c. 35, s. 58

(3) Paragraphs 138(5)(

a) and (

b) of the Act are replaced by the following:

(

a) a requirement, approval, fee or deposit, determined by the Board in accordance with the provisions of this Part or

Part III.1 or granted or prescribed by regulations made under either of those Parts, subject to which the licence or authorization was issued;

(

b) a requirement undertaken in a declaration referred to in subsection 139.1(1);

(4) Subsection 138(5) of the Act is amended by striking out “or” at the end of paragraph (

c) and by adding the following after that paragraph:

( c.1 )

any provision of

Part III.1; or

1992, c. 35, s. 60

Subsection 139.1(2) of the Act is repealed.

1992, c. 35, s. 61

Section 140 of the Act is replaced by the following:

Designation

The Board may, for the purposes of this Act, designate any person as the Chief Safety Officer and any other person as the Chief Conservation Officer. However, the Chief Executive Officer may not be designated as the Chief Safety Officer.

1992, c. 35, s. 61

Section 140.1 of the Act is replaced by the following:

Order

140.1

For the purposes of this Act, an order made by an operational safety officer, the Chief Safety Officer, a conservation officer, the Chief Conservation Officer, the Committee or a health and safety officer as defined in subsection 205.001(1) is not a statutory instrument as defined in the Statutory Instruments Act .

Section 148 of the Act is replaced by the following:

Enforcement of Committee orders

(1) Any order made by the Committee may, for the purpose of its enforcement, be made an order of the Supreme Court of Newfoundland and Labrador and shall be enforced in the same manner as any order of that Court.

Procedure for enforcement

(2) To make an order of the Committee an order of the Supreme Court of Newfoundland and Labrador, the practice and procedure established by the Provincial Act for making any order an order of that Court may be followed.

When order rescinded or replaced

(3) When an order of the Committee has been made an order of the Supreme Court of Newfoundland and Labrador, any order of the Committee, or of the Board under

section 186, rescinding or replacing the first mentioned order of the Committee, has the effect of cancelling the order of the Court and may in the same manner be made an order of the Court.

1992, c. 35, s. 64

Paragraphs 151(1)(

a) and (

b) of the Act are replaced by the following:

(

a) authorize the use of equipment, methods, measures or standards in lieu of any required by any regulation made under

section 149, if those Officers are satisfied that the use of that other equipment and those other methods, measures or standards would provide a level of safety, protection of the environment and conservation equivalent to that provided by compliance with the regulations; or

(

b) grant an exemption from any requirement imposed, by any regulation made under

section 149, in respect of equipment, methods, measures or standards, if those Officers are satisfied with the level of safety, protection of the environment and conservation that will be achieved without compliance with that requirement.

1988, c. 28, s. 261; 1992, c. 35, s. 66; 1999, c. 31, s. 29

Section 152 of the Act is repealed.

1992, c. 35, s. 74(2)(E)

Subsection 161(3) of the Act is replaced by the following:

Duty to take reasonable measures

(3) Every person required to report a spill under subsection (2) shall, as soon as possible, take all reasonable measures consistent with safety and the protection of health and the environment to prevent any further spill, to repair or remedy any condition resulting from the spill and to reduce or mitigate any damage or danger that results or may reasonably be expected to result from the spill.

(1) Subsection 185(1) of the Act is replaced by the following:

Stated case for Supreme Court of Newfoundland and Labrador

(1) The Committee may of its own motion or at the request of the Board state a case, in writing, for the opinion of the Trial Division of the Supreme Court of Newfoundland and Labrador on any question that in the opinion of the Committee is a question of law or of the jurisdiction of the Committee.

(2) Subsection 185(2) of the English version of the Act is replaced by the following:

Proceedings on case

(2) The Trial Division of the Supreme Court of Newfoundland and Labrador shall hear and determine the case stated, and remit the matter to the Committee with the opinion of the Court on the matter.

(1) Subsection 187(1) of the Act is replaced by the following:

Appeal to Supreme Court of Newfoundland and Labrador

(1) An appeal lies from a decision or order of the Committee to the Trial Division of the Supreme Court of Newfoundland and Labrador on a question of law, on leave being obtained from that Court, in accordance with the practice of that Court, on application made within one month after the making of the decision or order sought to be appealed from or within any further time that that Court may allow.

(2) Subsection 187(3) of the English version of the Act is replaced by the following:

Powers of Court

(3) After the hearing of the appeal, the Trial Division of the Supreme Court of Newfoundland and Labrador shall certify its opinion to the Committee and the Committee shall make any order necessary to comply with that opinion.

1992, c. 35, s. 80

The heading before

section 188 of the English version of the Act is replaced by the following:

Operational Safety Officers and Conservation Officers

1992, c. 35, s. 80

Sections 188 and 189 of the Act are replaced by the following:

Operational safety officers

(1) Subject to subsection (4), the Federal Minister and the Provincial Minister shall jointly designate as an operational safety officer for the purposes of the administration and enforcement of this Part an individual who has been recommended by the Board. The Ministers shall make the designation within 30 days after the day on which they receive the name of the individual from the Board.

Conservation officers

(2) Subject to subsection (4), the Federal Minister and the Provincial Minister shall jointly designate as a conservation officer for the purposes of the administration and enforcement of this Part an individual who has been recommended by the Board. The Ministers shall make the designation within 30 days after the day on which they receive the name of the individual from the Board.

Notice of designation

(3) The Ministers shall, without delay after making a designation, notify the Board, in writing, that the designation has been made.

Restriction

(4) The Ministers shall not designate an individual if they are not satisfied that the individual is qualified to exercise the powers and carry out the duties and functions of an operational safety officer or a conservation officer, as the case may be, under this Part. If an individual is not designated, the Ministers shall without delay notify the Board of it, in writing.

Indemnification

(5) An individual designated under subsection (1) or (2) who is not an employee of the Board is deemed to be an officer for the purposes of

section 16.

Orders for verifying compliance

(1) An operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer may, for the purpose of verifying compliance with this Part, order any person in charge of a place that is used for any work or activity in respect of which this Part applies or any other place in which that officer has reasonable grounds to believe that there is anything to which this Part applies

(

a) to inspect anything in the place;

(

b) to pose questions, or conduct tests or monitoring, in the place;

(

c) to take photographs or measurements, or make recordings or drawings, in the place;

(

d) to accompany or assist the officer while the officer is in the place;

(

e) to produce a document or another thing that is in their possession or control, or to prepare and produce a document based on data or documents that are in their possession or control, in the form and manner that the officer may specify;

(

f) to provide, to the best of their knowledge, information relating to any matter to which this Part applies, or to prepare and produce a document based on that information, in the form and manner that the officer may specify;

(

g) to ensure that all or part of the place, or anything located in the place, that is under their control, not be disturbed for a reasonable period specified by the officer pending the exercise of any powers under this section; and

(

h) to remove anything from the place and to provide it to the officer, in the manner that he or she specifies, for examination, testing or copying.

Powers on entry

(2) An operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer may, for the purpose of verifying compliance with this Part, and subject to

section 189.2, enter a place that is used for any work or activity in respect of which this Part applies or any other place in which that officer has reasonable grounds to believe that there is anything to which this Part applies, and may for that purpose

(

a) inspect anything in the place;

(

b) pose questions, or conduct tests or monitoring, in the place;

(

c) take samples from the place, or cause them to be taken, for examination or testing, and dispose of those samples;

(

d) remove anything from the place, or cause it to be removed, for examination, testing or copying;

(

e) while at the place, take or cause to be taken photographs or measurements, make or cause to be made recordings or drawings or use systems in the place that capture images or cause them to be used;

(

f) use any computer system in the place, or cause it to be used, to examine data contained in or available to it;

(

g) prepare a document, or cause one to be prepared, based on data contained in or available to the computer system;

(

h) use any copying equipment in the place, or cause it to be used, to make copies;

(

i) be accompanied while in the place by any individual, or be assisted while in the place by any person, that the officer considers necessary; and

(

j) meet in private with any individual in the place, with the agreement of that individual.

Clarification

(3) For greater certainty, an officer who has entered a place under subsection (2) may order any individual in the place to do anything described in paragraphs (1)(

a) to ( h ).

Return of things removed

(4) Anything removed under paragraph (1)(

h) or (2)(

d) for examination, testing or copying shall, if requested by the person from whom it was removed, be returned to that person after the examination, testing or copying is completed, unless it is required for the purpose of a prosecution under this Part.

Reports provided to holder of authorization

189.1

An operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer, as the case may be, shall provide written reports to the holder of an authorization about anything inspected, tested or monitored, by or on the order of the officer, for the purpose of verifying compliance with this Part, at any place that is used for a work or activity for which the authorization is issued.

Entering living quarters

189.2

(1) If the place referred to in subsection 189(2) is living quarters

(

a) neither a conservation officer nor the Chief Conservation Officer is authorized to enter those quarters for the purpose of verifying compliance with this Part; and

(

b) an operational safety officer or the Chief Safety Officer is not authorized to enter those quarters without the consent of the occupant except

(

i) to execute a warrant issued under subsection (4), or

(ii)

to verify that those quarters, if on a marine installation or structure, as defined in subsection 205.001(1), are in a structurally sound condition.

Notice

(2) The officer shall provide reasonable notice to the occupant before entering living quarters under subparagraph (1)( b )(ii).

Exception

(3) Despite subparagraph (1)( b )(ii), any locker in the living quarters that is fitted with a locking device and that is assigned to the occupant shall not be opened by the officer without the occupant’s consent except under the authority of a warrant issued under subsection (4).

Authority to issue warrant

(4) On ex parte application, a justice of the peace may issue a warrant authorizing an operational safety officer who is named in it or the Chief Safety Officer to enter living quarters subject to any conditions specified in the warrant if the justice is satisfied by information on oath that

(

a) the living quarters are a place referred to in subsection 189(2);

(

b) entry to the living quarters is necessary to verify compliance with this Part; and

(

c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused or that consent to entry cannot be obtained from the occupant.

Authority to open locker

(5) The warrant may also authorize a locker described in subsection (3) to be opened, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that

(

a) it is necessary to open the locker to verify compliance with this Part; and

(

b) the occupant to whom it is assigned refused to allow it to be opened or there are reasonable grounds to believe that the occupant to whom it is assigned will refuse to allow it to be opened or that consent to opening it cannot be obtained from that occupant.

Use of force

(6) The officer who executes a warrant issued under subsection (4) shall not use force unless the use of force has been specifically authorized in the warrant.

Telewarrant provisions to apply

(7) A warrant may be issued under this

section by telephone or other means of telecommunication on information submitted by an operational safety officer or the Chief Safety Officer by one of those means, and

section 487.1 of the Criminal Code applies for that purpose, with any modifications that the circumstances require.

Definition of living quarters

(8) In this section, living quarters means sleeping quarters provided for employees, as defined in subsection 205.001(1), on a marine installation or structure, as defined in that subsection, and any room for the exclusive use of the occupants of those quarters that contains a toilet or a urinal.

1992, c. 35, s. 80

Section 190 of the English version of the Act is replaced by the following:

Certificate to be produced

The Board shall provide every operational safety officer and conservation officer and the Chief Safety Officer and the Chief Conservation Officer with a certificate of appointment or designation and, on entering any place under the authority of this Part, the officer shall, if so required, produce the certificate to the person in charge of the place.

1992, c. 35, s. 80

Sections 191 and 192 of the Act are replaced by the following:

Assistance to officers

(1) The owner of, and every person in charge of, a place entered by an operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer under subsection 189(2), and every person found in that place, shall give all assistance that is reasonably required to enable the officer to verify compliance with this Part and provide any documents, data or information that are reasonably required for that purpose.

Transportation, accommodation and food

(2) If the place referred to in subsection 189(2) is a marine installation or structure, as defined in subsection 205.001(1), the person in charge of the marine installation or structure shall provide to the officer, and to every individual accompanying the officer, free of charge,

(

a) suitable transportation between the usual point of embarkation on shore and the marine installation or structure, between the marine installation or structure and the usual point of disembarkation on shore, and between marine installations or structures, if the marine installation or structure or marine installations or structures are situated in the offshore area; and

(

b) suitable accommodation and food at the marine installation or structure.

Obstruction of officers and making of false statements

No person shall obstruct or hinder, or make a false or misleading statement either orally or in writing to, an operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer while the officer is engaged in carrying out his or her duties or functions under this Part.

Authority to issue warrant

192.1

(1) On ex parte application, a justice of the peace may issue a warrant if the justice is satisfied by information on oath that there are reasonable grounds to believe that there is in any place anything that will provide evidence or information relating to the commission of an offence under this Part.

Powers under warrant

(2) The warrant may authorize an operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer, and any other individual named in the warrant, to at any time enter and search the place and to seize anything specified in the warrant, or do any of the following as specified in it, subject to any conditions that may be specified in it:

(

a) conduct examinations, tests or monitoring;

(

b) take samples for examination or testing, and dispose of those samples; or

(

c) take photographs or measurements, make recordings or drawings, or use systems in the place that capture images.

Where warrant not necessary

(3) An operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer may exercise the powers described in this

section without a warrant if the conditions for obtaining the warrant exist but by reason of exigent circumstances it would not be feasible to obtain one.

Exigent circumstances

(4) Exigent circumstances include circumstances in which the delay necessary to obtain the warrant would result in danger to human life or the environment or the loss or destruction of evidence.

Operation of computer system and copying equipment

(5) An individual authorized under this

section to search a computer system in a place may

(

a) use or cause to be used any computer system at the place to search any data contained in or available to the computer system;

(

b) reproduce or cause to be reproduced any data in the form of a printout or other intelligible output;

(

c) seize any printout or other output for examination or copying; and

(

d) use or cause to be used any copying equipment at the place to make copies of the data.

Duty of person in charge of place

(6) Every person who is in charge of a place in respect of which a search is carried out under this

section shall, on presentation of the warrant, permit the individual carrying out the search to do anything described in subsection (5).

Transportation, accommodation and food

(7) The person in charge of a marine installation or structure, as defined in subsection 205.001(1), shall provide to an individual who is executing a warrant under this

section at the marine installation or structure, free of charge,

(

a) suitable return transportation between the marine installation or structure and any location from which transportation services to that marine installation or structure are usually provided, and between marine installations or structures, if the marine installation or structure or marine installations or structures are situated in the offshore area; and

(

b) suitable accommodation and food at the marine installation or structure.

Telewarrant provisions to apply

(8) A warrant may be issued under this

section by telephone or other means of telecommunication on information submitted by an operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer by one of those means, and

section 487.1 of the Criminal Code applies for that purpose, with any modifications that the circumstances require.

Storage and removal

192.2

(1) A thing seized under this Part may be stored in the place where it was seized or may, at the discretion of an operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer, be removed to any other place for storage. The owner of the thing or the person who is lawfully entitled to possess it shall pay the costs of storage or removal.

Perishable things

(2) If the thing seized is perishable, an operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer may destroy the thing, or otherwise dispose of it in any manner the officer considers appropriate. Any proceeds realized from its disposition shall be paid to the Receiver General.

1992, c. 35, s. 80

Subsections 193(1) to (4) of the English version of the Act are replaced by the following:

Power of operational safety officer

(1) If an operational safety officer or the Chief Safety Officer, on reasonable grounds, is of the opinion that continuation of an operation in relation to the exploration or drilling for or the production, conservation, processing or transportation of petroleum in any portion of the offshore area is likely to result in serious bodily injury, the operational safety officer or Chief Safety Officer, as the case may be, may order that the operation cease or be continued only in accordance with the terms of the order.

Notice

(2) The officer who makes an order under subsection (1) shall affix at or near the scene of the operation a notice of the order in prescribed form.

Expiry of order

(3) An order made by an operational safety officer under subsection (1) expires 72 hours after it is made unless it is confirmed before that time by order of the Chief Safety Officer.

Modification or revocation

(4) Immediately after an operational safety officer makes an order under subsection (1), they shall advise the Chief Safety Officer accordingly, and the Chief Safety Officer may modify or revoke the order.

1992, c. 35, s. 80

Section 193.1 of the English version of the Act is replaced by the following:

Priority

193.1

An order made by an operational safety officer or the Chief Safety Officer prevails over an order made by a conservation officer or the Chief Conservation Officer to the extent of any inconsistency between the orders.

1992, c. 35, s. 80

Subsection 193.2(3) of the Act is replaced by the following:

Emergency

(3) In a prescribed emergency situation, an installation manager’s powers are extended so that they also apply to each person in charge of a vessel, vehicle or aircraft that is at the installation or that is leaving or approaching it.

1992, c. 35, s. 81

(1) Paragraphs 194(1)(

b) and (

c) of the Act are replaced by the following:

(

b) makes any false entry or statement in any report, record or document required by this Part or the regulations or by any order made under this Part or the regulations;

(

c) destroys, mutilates or falsifies any report or other document required by this Part or the regulations or by any order made under this Part or the regulations;

1992, c. 35, s. 81

(2) Paragraphs 194(1)(

e) and (

f) of the Act are replaced by the following:

(

e) undertakes or carries on a work or activity without an authorization under paragraph 138(1)(

b) or without complying with the approvals or requirements, determined by the Board in accordance with the provisions of this Part or granted or prescribed by regulations made under this Part, of an authorization issued under that paragraph; or

(

f) fails to comply with a direction, requirement or order of an operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer or with an order of an installation manager or the Committee.

(3) Section 194 of the Act is amended by adding the following after subsection (2):

Due diligence defence

(3) No person shall be found guilty of an offence under this

Part if they establish that they exercised due diligence to prevent the commission of the offence.

The Act is amended by adding the following after

section 194:

Offence by officers, etc., of corporation

(1) If a corporation commits an offence under this Part, any of the following individuals who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted:

(

a) an officer, director or agent of the corporation; and

(

b) any other individual exercising managerial or supervisory functions in the corporation.

Offence by employee or agent

(2) In a prosecution for an offence under this Part, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused, whether or not the employee or agent is identified or has been prosecuted for the offence.

Imprisonment precluded in certain cases

195.1

If an individual is convicted of an offence under this Part on proceedings by way of

summary conviction, no imprisonment may be imposed in default of payment of any fine imposed as punishment.

Orders of court

195.2

(1) If a person is convicted of an offence under this Part, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, in addition to any other punishment that may be imposed under this Part, make an order that has any or all of the following effects:

(

a) prohibiting the offender from committing

an act or engaging in an activity that may, in the opinion of the court, result in the continuation or repetition of the offence;

(

b) directing the offender to take any measures that the court considers appropriate to avoid any injury or damage that may result from the act or omission that constituted the offence, or to remedy any injury or damage resulting from it;

(

c) directing the offender, at the offender’s own expense, to publish, in any manner that the court directs, the facts relating to the offence;

(

d) directing the offender to submit to the Chief Safety Officer, on application by the Chief Safety Officer within three years after the conviction, any information with respect to the offender’s activities that the court considers appropriate in the circumstances;

(

e) directing the offender to pay to the Board an amount of money that the court considers appropriate for the purpose of conducting research, education and training in matters related to the protection of the environment, conservation of petroleum resources or safety of petroleum operations;

(

f) directing the offender to perform community service, subject to any reasonable conditions that may be imposed by the court;

(

g) directing the offender to post a bond or pay an amount of money into court that the court considers appropriate to ensure that the offender complies with any prohibition, direction, requirement or condition that is specified in the order; and

(

h) requiring the offender to comply with any conditions that the court considers appropriate in the circumstances for securing the offender’s good conduct and for preventing the offender from repeating the same offence or committing another offence under this Part.

Coming into force and duration of order

(2) An order made under subsection (1) comes into force on the day on which the order is made or on any other day that the court may determine, but shall not continue in force for more than three years after that day.

Publication

(3) If an offender does not comply with an order under paragraph (1)(

c) requiring the publication of facts relating to the offence, the Chief Safety Officer may publish the facts and recover the costs of publication from the offender.

Variation of sanctions

195.3

(1) Subject to subsection (2), if a court has made, in relation to an offender, an order under subsection 195.2(1), the court may, on application by the offender or the Chief Safety Officer, require the offender to appear before it and, after hearing the offender and the Chief Safety Officer, vary the order in one or more of the following ways that the court considers appropriate because of a change in the circumstances of the offender since the order was made:

(

a) by making changes to any prohibition, direction, requirement or condition that is specified in the order or by extending the time during which the order is to remain in force for any period, not exceeding one year, that the court considers appropriate; or

(

b) by decreasing the time during which the order is to remain in force or by relieving the offender, either absolutely or partially or for any period that the court considers appropriate, of compliance with any condition that is specified in the order.

Notice

(2) Before making an order under subsection (1), the court may direct that notice be given to any persons that the court considers to be interested and may hear any of those persons.

Subsequent applications with leave

195.4

If an application made under subsection 195.3(1) in relation to an offender has been heard by a court, no other application may be made under

section 195.3 in relation to the offender except with leave of the court.

Recovery of fines and amounts

195.5

If a person is convicted of an offence under this Part and a fine that is imposed is not paid when required or if a court orders an offender to pay an amount under subsection 195.2(1) or 195.3(1), the prosecutor may, by filing the conviction or order, as the case may be, enter as a judgment the amount of the fine or the amount ordered to be paid, and costs, if any, in the Supreme Court of Newfoundland and Labrador, and the judgment is enforceable against the person in the same manner as if it were a judgment rendered against them in that Court in civil proceedings.

Section 199 of the Act is replaced by the following:

Time limited for

summary conviction proceedings

Proceedings by way of

summary conviction for an offence under this Part may be instituted at any time within but no later than three years after the day on which the subject-matter of the proceedings arose, unless the prosecutor and the defendant otherwise agree.

Section 200 of the French version of the Act is replaced by the following:

Preuve

Dans les poursuites pour infraction à la présente

partie et en l’absence de preuve contraire, une copie de tout arrêté ou autre document respectivement pris ou établi en vertu de la présente

partie ou de ses règlements et signée par la personne autorisée en vertu de la présente

partie ou de ses règlements à le prendre ou à l’établir fait foi, sauf preuve contraire, de son contenu.

The Act is amended by adding the following after

section 202:

Information

202.1

In any proceedings for an offence under this Part

(

a) an information may include more than one offence committed by the same person;

(

b) all those offences may be tried concurrently; and

(

c) one conviction for any or all offences so included may be made.

Section 204 of the French version of the Act is replaced by the following:

Portée

La présente

partie s’applique aux titres, droits ou intérêts pétroliers ou gaziers acquis ou octroyés avant l’entrée en vigueur du présent

article et lie Sa Majesté du chef du Canada ou d’une province.

The Act is amended by adding the following after

section 205:

PART III.1

OCCUPATIONAL HEALTH AND SAFETY

Interpretation

Definitions

205.001

(1) The following

definitions apply in this Part.

authorization

autorisation

authorization means an authorization issued under paragraph 138(1)( b ).

Chief Safety Officer

délégué à la sécurité

Chief Safety Officer means the person designated as the Chief Safety Officer under

section 140.

committee

comité

committee means a special committee and a workplace committee.

coordinator

coordonnateur

coordinator means an employee designated under subsection 205.045(1) to act as an occupational health and safety coordinator.

declaration

déclaration

declaration means a declaration referred to in subsection 139.1(1).

employee

employé

employee means an individual who, in return for monetary compensation, performs work or services for an employer in respect of a work or activity for which an authorization has been issued.

employer

employeur

employer means a person who employs or contracts for the services of any individual in respect of a work or activity for which an authorization has been issued, if that person has the power to exercise direction and control over the individual’s work at the workplace.

hazardous substance

substance dangereuse

hazardous substance includes a controlled product and any chemical, biological or physical agent that, by reason of a property that the agent possesses, is hazardous to the health or safety of an individual exposed to it.

health and safety officer

agent de santé et de sécurité

health and safety officer means an occupational health and safety officer or a special officer.

interest holder

Version anglaise seulement

interest holder has the same meaning as in

section 47.

marine installation or structure

ouvrage en mer

marine installation or structure

(

a) includes

(

i) any ship, including any ship used for construction, production or diving or for geotechnical or seismic work,

(ii)

any offshore drilling unit, including a mobile offshore drilling unit,

(iii)

any production platform, subsea installation, pipeline as defined in

section 135, pumping station, living accommodation, storage structure or loading or landing platform, and

(iv)

any other work, or work within a class of works, prescribed under paragraph (4)( a ); but

(

b) does not include

(

i) any vessel, including any supply vessel, standby vessel, shuttle tanker or seismic chase vessel, that provides any supply or support services to a ship, installation, structure, work or anything else described in paragraph ( a ), unless the vessel is within a class of vessels that is prescribed under paragraph (4)( b ), or

(ii)

any ship or vessel within a class of ships or vessels prescribed under paragraph (4)( c ).

Newfoundland and Labrador social legislation

lois sociales

Newfoundland and Labrador social legislation means the provisions of the following Acts, as those Acts are amended from time to time: the Communicable Diseases Act , R.S.N.L. 1990, c. C-26, the Food and Drug Act , R.S.N.L. 1990, c. F-21, the Health and Community Services Act , S.N.L. 1995, c. P-37.1, the Human Rights Act, 2010 , S.N.L. 2010, c. H-13.1, the Labour Standards Act , R.S.N.L. 1990, c. L-2, the Public Safety Act , S.N.L. 1996, c. P-41.01, the Radiation Health and Safety Act , R.S.N.L. 1990, c. R-1, and the Workplace Health, Safety and Compensation Act , R.S.N.L. 1990, c. W-11.

occupational health and safety officer

agent de santé et de sécurité au travail

occupational health and safety officer means an individual designated by the Federal Minister under

section 205.071.

operator

exploitant

operator means a person who holds an authorization.

owner

propriétaire

owner means a person who has a right, title or interest, including a leasehold interest, recognized by law, in a marine installation or structure that is used or is to be used as a workplace, or any entity in which the person has vested all or any part of their right, title or interest.

passenger craft

véhicule de transport

passenger craft means any aircraft or vessel used to transport employees to or from a workplace while — and immediately before — it is transporting them.

person

personne

person includes individuals, corporations and partnerships.

personal protective equipment

équipement de protection personnelle

personal protective equipment includes personal protective clothing, personal protective devices and personal protective materials.

provider of services

fournisseur de services

provider of services means a person who, for commercial gain,

(

a) provides services related to the placement with an operator or employer of individuals who, in return for monetary compensation, perform work or services for the operator or employer at a workplace; or

(

b) provides services that affect or could affect the health or safety of employees or other individuals at a workplace or on a passenger craft, including engineering services, architectural services, the services of a certifying authority referred to in subsection 139.2(6), or the services of any person who provides information or advice, issues a certificate or affixes a professional seal or stamp.

provincial labour relations board

Version anglaise seulement

provincial labour relations board means the Labour Relations Board continued under the Labour Relations Act , R.S.N.L. 1990, c. L-1, as amended from time to time.

Provincial Minister

ministre provincial

Provincial Minister means the minister of the government of the Province who is responsible for occupational health and safety.

special committee

comité spécial

special committee means a special committee established under

section 205.046.

special officer

agent spécial

special officer means an individual designated under

section 205.072.

supervisor

superviseur

supervisor means an employee who is in charge of a workplace or part of a workplace or who has authority over other employees.

supplier

fournisseur de biens

supplier means a person who, for commercial gain, manufactures, supplies, sells, leases, distributes or installs any tool, equipment, machine or device, any biological, chemical, or physical agent or any other prescribed thing, to be used at a workplace or on a passenger craft.

union

syndicat

union means a trade union as defined in the Labour Relations Act , R.S.N.L. 1990, c. L-1, as amended from time to time, that has the status of a bargaining agent under that Act in respect of any bargaining unit at a workplace, or any organization representing employees that has exclusive bargaining rights under any other Act of the Legislature of the Province in respect of those employees.

workplace

lieu de travail

workplace means

(

a) any marine installation or structure where an employee is employed in connection with a work or activity for which an authorization has been issued;

(

b) any workboat used by an employee, and operated from a marine installation or structure, to perform routine maintenance or repair work in connection with a work or activity for which an authorization has been issued; and

(

c) any dive site from which, and any underwater area at which, a diving operation is conducted by an employee in connection with a work or activity for which an authorization has been issued.

workplace committee

comité du lieu de travail

workplace committee means a workplace committee established under

section 205.043.

Hazardous Products Act

definitions

(2) In this Part, controlled product , hazard symbol , Ingredient Disclosure List , label and material safety data sheet have the same meanings as in

section 2 and subsection 11(1) of the Hazardous Products Act . Subsection 11(2) of that Act also applies for the purposes of this Part.

Regulations

(3) Subject to

section 7 and on the recommendation of the Federal Minister and the Minister of Labour, the Governor in Council may make regulations

(

a) defining danger , dive site , diving operation and incident for the purposes of this Part; and

(

b) amending the definition Newfoundland and Labrador social legislation in subsection (1) to add any Act of the Legislature of the Province or to remove any Act from the definition.

Regulations

(4) Subject to

section 7 and on the recommendation of the Federal Minister, the Minister of Labour and the Minister of Transport, the Governor in Council may make regulations

(

a) prescribing a work or a class of works for the purposes of subparagraph ( a )(iv) of the definition marine installation or structure in subsection (1);

(

b) prescribing a class of vessels for the purposes of subparagraph ( b )(

i) of the definition marine installation or structure in subsection (1); and

(

c) prescribing a class of ships or vessels for the purposes of subparagraph ( b )(ii) of the definition marine installation or structure in subsection (1).

Employees in transit

(5) For the purposes of sections 205.005, 205.007 and 205.008, an employee is deemed to be at a workplace within the offshore area while — and immediately before — the employee is being transported on a passenger craft between the last point of embarkation on shore and the workplace, between the workplace and the first point of disembarkation on shore, or between workplaces.

Her Majesty

Binding on Her Majesty

205.002

This

Part is binding on Her Majesty in right of Canada or a province.

Application

Application of

Part

205.003

(1) This Part applies to and in respect of a workplace that is situated within the offshore area for the purposes of the exploration or drilling for — or the production, conservation or processing of — petroleum within the offshore area.

Employees and other passengers in transit

(2) This Part also applies to employees and other passengers while — and immediately before — being transported on a passenger craft between the last point of embarkation on shore and the workplace, between the workplace and the first point of disembarkation on shore, or between workplaces.

Non-application of Parts II and III of Canada Labour Code

205.004

Despite subsections 123(1) and 168(1) of the Canada Labour Code and any other Act of Parliament, Parts II and III of the Canada Labour Code do not apply to and in respect of a workplace that is situated within the offshore area for the purposes of the exploration or drilling for — or the production, conservation or processing of — petroleum within the offshore area.

Non-application of Canadian Human Rights Act

205.005

The Canadian Human Rights Act does not apply to or in respect of a workplace that is situated within the offshore area for the purposes of the exploration or drilling for — or the production, conservation or processing of — petroleum within the offshore area.

Non-application of Non-smokers’ Health Act

205.006

The Non-smokers’ Health Act does not apply to or in respect of a workplace that is situated within the offshore area for the purposes of the exploration or drilling for — or the production, conservation or processing of — petroleum within the offshore area.

Application of Newfoundland and Labrador social legislation

205.007

(1) Newfoundland and Labrador social legislation and any regulations made under it apply to and in respect of a workplace that is situated within the offshore area for the purposes of the exploration or drilling for — or the production, conservation or processing of — petroleum within the offshore area.

Inconsistency or conflict

(2) In the event of an inconsistency or conflict between the provisions of this Act, or any regulations made under it, and the provisions of Newfoundland and Labrador social legislation or any regulations made under that legislation, the provisions of this Act and the regulations made under it prevail to the extent of the inconsistency or conflict.

Application of Labour Relations Act , R.S.N.L. 1990, c. L-1

205.008

(1) Despite

section 4 of the Canada Labour Code and any other Act of Parliament, the provisions of the Labour Relations Act , R.S.N.L. 1990, c. L-1, as amended from time to time, and any regulations made under it, apply to and in respect of

(

a) a marine installation or structure that is situated within the offshore area in connection with the exploration or drilling for — or the production, conservation or processing of — petroleum within the offshore area and that is in the offshore area for the purpose of becoming, or that is, permanently attached to, permanently anchored to or permanently resting on the seabed or subsoil of the submarine areas of the offshore area;

(

b) any workboat used by an employee, and operated from a marine installation or structure, to perform routine maintenance or repair work in connection with a work or activity for which an authorization has been issued; and

(

c) a dive site from which, and any underwater area at which, a diving operation is conducted by an employee in connection with a work or activity for which an authorization has been issued.

Application of

Part I of Canada Labour Code

(2) Part I of the Canada Labour Code applies to and in respect of a marine installation or structure that is situated within the offshore area in connection with the exploration or drilling for — or the production, conservation or processing of — petroleum within the offshore area if subsection (1) does not apply to or in respect of the marine installation or structure.

Purpose

Prevention of accidents and injury

205.009

(1) The purpose of this

Part is to prevent accidents and injury arising out of, linked to or occurring in the course of employment to which this Part applies, in particular by

(

a) allocating responsibility for occupational health and safety among the Board and the persons, unions and committees having obligations under this Part; and

(

b) establishing a framework for them to exercise their rights and carry out their obligations.

Preventive measures

(2) Preventive measures should first aim at the elimination of hazards, then the reduction of the risks posed by the hazards and finally, the taking of protective measures, all with the goal of ensuring the health and safety of employees.

Allocation of Responsibility

Principles

205.01

(1) The allocation of responsibility for occupational health and safety is based on the following principles:

(

a) operators have overall responsibility; and

(

b) operators, employers, suppliers, providers of services, employees, supervisors, owners and interest holders have individual and shared responsibilities, and are responsible for cooperating with each other and coordinating their activities related to occupational health and safety.

Specific obligations not to limit general obligations

(2) For greater certainty, the imposition of any specific obligation under this Part shall not be construed as limiting the generality of any other obligation under this Part.

Duties of Operators

Duty to establish occupational health and safety policy

205.011

(1) Every operator shall develop an occupational health and safety policy governing its workplaces.

Contents

(2) The policy shall be set out in writing and contain

(

a) the commitments of the operator related to occupational health and safety, including its commitment to cooperate with employees with regard to health and safety;

(

b) the responsibilities of the employers at any of the operator’s workplaces related to occupational health and safety; and

(

c) any prescribed requirements.

Duty to review

(3) The operator shall review the policy at least every three years in consultation with each workplace committee that it establishes and with each employer at any of the operator’s workplaces.

Duty to take reasonable measures

205.012

Every operator shall take all reasonable measures to ensure the health and safety of all employees and other individuals at its workplaces and of all employees or other passengers while — and immediately before — being transported on a passenger craft to or from any of those workplaces.

Specific duties — workplace

205.013

Every operator shall, in respect of each of its workplaces,

(

a) ensure the coordination of all work and activities for which an authorization has been issued to the operator;

(

b) comply with its occupational health and safety management system, and ensure that all employers, supervisors and employees at, owners of and providers of services to the workplace comply with that system;

(

c) ensure that information necessary for the health and safety of employees and other individuals at the workplace is communicated to them;

(

d) ensure that all employers, supervisors and employees at, owners of and suppliers and providers of services to the workplace comply with the provisions of this Part and the regulations made under this Part;

(

e) ensure that each employee at the workplace is made aware of known or foreseeable health or safety hazards;

(

f) ensure that all work and activities for which an authorization has been issued are conducted so as to minimize the exposure to hazards, including hazardous substances, of all employees and other individuals at the workplace;

(

g) ensure that any installations, facilities, equipment and materials at the workplace are properly installed, stored and maintained and are safe for their intended use;

(

h) ensure that all employees and other individuals at the workplace conduct themselves so as to minimize their exposure to hazards, including hazardous substances;

(

i) ensure that all employees and other individuals at the workplace are provided with the facilities and personal protective equipment — including any that are prescribed — necessary for their health and safety;

(

j) ensure that all employees and other individuals at the workplace are provided with the information and training — including any that are prescribed — required for the proper use of personal protective equipment that is prescribed or that is required by the operator to be used or worn;

(

k) ensure that all employees and other individuals at the workplace are provided with the instruction, training and supervision — including any that are prescribed — necessary for their health and safety;

(

l) comply with the occupational health and safety requirements of any authorization issued to them, and those undertaken in the declaration related to the authorization, and record all instances of failures to comply with those requirements as well as any measures taken to rectify the failure or to prevent further such failures;

(

m) ensure that all employers, supervisors and employees at, owners of and providers of services to the workplace comply with the occupational health and safety requirements of any authorization related to that workplace that is issued to the operator, and those undertaken in the declaration related to the authorization, and report any instances of failures to comply with those requirements to the operator;

(

n) inform the relevant interest holders of the occupational health and safety requirements of any authorization related to that workplace that is issued to the operator, and those undertaken in the declaration related to the authorization, and of any failure to comply with those requirements;

(

o) ensure that members of committees established for the workplace are provided with the support, opportunities and training — including any that are prescribed — necessary to enable the members to fulfil their duties and functions as a member of the committee;

(

p) cooperate with those committees and facilitate communications between the employees and the committees;

(

q) ensure that all or part of the workplace as described in paragraphs (

a) and (

b) of the definition workplace in subsection 205.001(1) is inspected by or on behalf of the operator at least once a month, so that every part of that workplace is inspected at least once a year, and ensure that the workplace committee participates;

(

r) ensure that a record is kept of each inspection referred to in paragraph ( q ), including any corrective action taken as a consequence; and

(

s) cooperate with the Board and with persons carrying out duties or functions under this Part.

Specific duties — passenger craft

205.014

(1) Every operator shall, each time before employees or other passengers are transported on a passenger craft to or from any of its workplaces,

(

a) ensure that the employees and other passengers are provided with any information and instruction — including any that are prescribed — necessary for their health and safety; and

(

b) ensure that the employees are provided with the operator’s contact information for the purposes of subsection 205.054(2).

Specific duty — passenger craft

(2) Every operator shall ensure that a passenger craft going to or from any of its workplaces

(

a) meets the requirements of any Act or other law that relates to the health or safety of the employees and other passengers on the passenger craft; and

(

b) is equipped with any equipment, devices and materials necessary to ensure the health and safety of the employees and other passengers, including any that are prescribed.

Specific duties — personal protective equipment

(3) Every operator shall ensure that all employees and other passengers on a passenger craft going to or from any of its workplaces

(

a) are provided with any personal protective equipment necessary to ensure their health and safety, including any that is prescribed; and

(

b) are provided with the information and training — including any that are prescribed — required for the proper use of personal protective equipment provided under paragraph (

a) and the equipment, devices and materials referred to in paragraph (2)( b ).

Occupational health and safety management system

205.015

(1) Every operator shall develop, implement and maintain an occupational health and safety management system that fosters a culture of workplace safety and that is adapted to the circumstances of the work or activity specified in each authorization issued to the operator, for the purposes of

(

a) implementing its occupational health and safety policy;

(

b) ensuring that the provisions of this Part and the regulations made under this Part are complied with; and

(

c) complying with the occupational health and safety requirements of each of those authorizations, and those undertaken in a declaration related to any of those authorizations.

Contents

(2) The system shall be set out in writing and include provisions regarding

(

a) the management of risks to the health and safety of employees — including any prescribed risks — and procedures for

(

i) the ongoing and systematic identification and reporting of all hazards,

(ii)

the assessment of risks associated with identified hazards, and

(iii)

the implementation of hazard control measures;

(

b) the role of any committee established for any of the operator’s workplaces and the interaction between those committees;

(

c) the roles and accountability of the employers, employees, providers of services and suppliers that are responsible for implementing the operator’s occupational health and safety policy and occupational health and safety management system;

(

d) the allocation of sufficient resources to ensure that employees continue to be qualified and competent, that there is proper quality control of documents, facilities, equipment and materials and that there is effective cooperation among employers;

(

e) the procedures for carrying out work or activities, dealing with changes in operations and responding to emergencies;

(

f) the procedures for dealing with failures to comply with the system and the procedures for the reporting and investigating of occupational diseases and of accidents, incidents and other hazardous occurrences and the keeping of related records and statistical analysis;

(

g) the auditing of the adequacy and effectiveness of the system, including

(

i) determining the ability of the system to achieve the purposes set out in subsection (1), and

(ii)

identifying improvements that could be made to the system; and

(

h) the implementation of the improvements identified during the audit referred to in paragraph ( g ).

Duty to review

(3) The operator shall review the system at least every three years in consultation with each workplace committee that it establishes.

Limitation

(4) If the regulations establish requirements in respect of anything described in any of paragraphs (2)(

a) to ( h ), the system shall meet the requirements of those regulations.

Power to require code of practice

205.016

(1) The Chief Safety Officer may, in writing, require an operator to establish a code of practice in respect of occupational health and safety, or to adopt a code of practice in respect of occupational health and safety that is specified by the Chief Safety Officer, in respect of

(

a) any of its workplaces or any work or activity carried out at any of its workplaces; or

(

b) the transportation of employees to or from any of its workplaces.

Revision of code of practice

(2) The code of practice may be revised by the Chief Safety Officer from time to time, or the Chief Safety Officer may require the operator to revise it from time to time.

Notification of accidents, etc.

205.017

(1) Every operator shall, as soon as it becomes known to the operator, notify the Chief Safety Officer of

(

a) any occupational disease at any of its workplaces; or

(

b) any accident, incident or other hazardous occurrence at any of its workplaces, or on a passenger craft going to or from any of those workplaces, that causes a death or serious injury or in which a death or serious injury is narrowly avoided.

Investigation of accidents, etc.

(2) Every operator shall investigate any occupational disease, or any accident, incident or other hazardous occurrence, described in paragraph (1)(

a) or (

b) and shall keep adequate records of its investigation — including any records that are prescribed — for the period that is prescribed.

Report

(3) An operator shall, no later than April 1 of each year, submit to each workplace committee that it establishes, to the Chief Safety Officer and, on request, to any special committee established for any of its workplaces, a written report for the immediately preceding calendar year, in a form determined by that Officer.

Contents of report

(4) The report shall set out data on all occupational diseases, and all accidents, incidents and other hazardous occurrences, that have occurred at any of the operator’s workplaces or on a passenger craft going to or from any of those workplaces during the calendar year covered by the report, including the number of deaths, the number of serious injuries and the number of minor injuries.

Definition of serious injury

(5) In this section, serious injury means an injury that

(

a) results in the loss by an individual of a body member or part of a body member or in the complete loss by an individual of the usefulness of a body member or part of a body member;

(

b) results in the permanent impairment of a body function of an individual; or

(

c) prevents an employee from reporting for work or from effectively performing all the functions connected with their regular work on any day subsequent to the day on which the injury occurred, whether or not that subsequent day is a working day for them.

Duties of Employers

Duty to take reasonable measures

205.018

Every employer shall take all reasonable measures to ensure

(

a) the health and safety of its employees and other individuals at a workplace under its control;

(

b) the health and safety of its employees at a workplace that is not under its control, to the extent that it controls their activities at the workplace; and

(

c) the health and safety of its employees while — and immediately before — they are transported on a passenger craft.

Specific duties

205.019

(1) Every employer shall, in respect of each workplace under its control, and in respect of any activity performed by any of its employees at a workplace that is not under its control, to the extent that it controls the activity,

(

a) coordinate its undertaking with the work and activities of the operator and of any other employer at the workplace who may be affected by that undertaking;

(

b) ensure that the operator’s occupational health and safety management system is complied with and carry out any responsibilities assigned to the employer under that system;

(

c) determine, in consultation with the operator, the impact of its undertaking on occupational health and safety and ensure that other employers at the workplace who may be affected by that undertaking are provided with adequate information;

(

d) communicate to its employees — and, in respect of a workplace under its control, to other individuals at the workplace — all information necessary to their health and safety, or ensure that the information is communicated to them;

(

e) ensure that its employees comply with the provisions of this Part and the regulations made under this Part;

(

f) ensure that each of its employees, and particularly each supervisor, is made aware of known or foreseeable health or safety hazards;

(

g) ensure that its undertaking is conducted so as to minimize its employees’ exposure to hazards and, in respect of any other individuals at a workplace under its control, to minimize their exposure to hazards;

(

h) provide to its employees, and, in respect of a workplace under its control, to other individuals at the workplace, the facilities and personal protective equipment — including any that are prescribed — necessary for their health and safety;

(

i) provide to its employees, and, in respect of a workplace under its control, to other individuals at the workplace, the information and training — including any that are prescribed — required for the proper use of all personal protective equipment that is prescribed or that is required by the operator or employer to be used or worn;

(

j) provide its employees with the instruction, training and supervision — including any that are prescribed — necessary for their health and safety;

(

k) ensure that the occupational health and safety requirements of any authorization related to the workplace are complied with;

(

l) record and report to the operator all instances of failures to comply with the provisions of this Part or of the regulations made under this Part, or with the occupational health and safety requirements of any authorization related to the workplace;

(

m) ensure that all equipment, machines, devices, materials and other things at the workplace are properly installed, stored and maintained, are safe for their intended use and are used as intended;

(

n) cooperate with and facilitate communication with committees established for the workplace;

(

o) provide to members of any special committee it establishes for the workplace the support, opportunities and training — including any that are prescribed — necessary to enable the members to fulfil the duties and functions conferred on the committee;

(

p) ensure that all or part of the workplace as described in paragraphs (

a) and (

b) of the definition workplace in subsection 205.001(1) under its control is inspected by it or on its behalf at least once a month, so that every part of that workplace is inspected at least once a year, and ensure that the workplace committee participates; and

(

q) cooperate with the Board and with persons carrying out duties or functions under this Part.

Training

(2) An employee who, with the approval of their employer, is receiving training that is required under this Part shall be paid the same wages and granted the same benefits that the employee would have received had they been working.

Occupational health and safety program

205.02

(1) For the purpose of implementing the operator’s occupational health and safety policy, every employer shall, in consultation with the workplace committee, develop, implement and maintain, in respect of each workplace under the employer’s control, an occupational health and safety program that fosters a culture of workplace safety, if

(

a) five or more employees are normally employed at the workplace by the employer;

(

b) the program is required by the Chief Safety Officer; or

(

c) the requirement for such a program is prescribed.

Contents

(2) The program shall be set out in writing and include provisions regarding

(

a) the management of risks to the health and safety of the employees — including any prescribed risks — and procedures for

(

i) the ongoing and systematic identification and reporting of all hazards,

(ii)

the assessment of risks associated with identified hazards, and

(iii)

the implementation of hazard control measures;

(

b) the training and supervision of the employees that are necessary to ensure their health and safety and that of other individuals at the workplace;

(

c) the establishment of special committees, the operation of workplace committees and special committees, the access by committees to a level of management with authority to resolve occupational health and safety matters and the information required under this Part to be maintained in relation to those committees;

(

d) the roles of committees and their interaction in implementing the operator’s occupational health and safety policy;

(

e) the roles and accountability of the employers, employees, providers of services and suppliers that are responsible for implementing the operator’s occupational health and safety policy;

(

f) the procedures, including those required under this Part, to be followed to protect the employees’ health and safety, and the identification of the types of work to which those procedures apply;

(

g) the procedures to be followed to deal with

(

i) failures to comply with the program and with the reporting and investigating of occupational diseases, and of accidents, incidents and other hazardous occurrences, at the workplace, and

(ii)

the keeping of related records and statistical analysis;

(

h) the auditing of the adequacy and effectiveness of the program, including

(

i) determining the ability of the program to meet the requirements of the operator’s occupational health and safety policy and occupational health and safety management system, and

(ii)

identifying improvements that could be made to the program; and

(

i) the implementation of the improvements identified during the audit referred to in paragraph ( h ).

Limitation

(3) If the regulations establish requirements in respect of anything described in any of paragraphs (2)(

a) to ( i ), the program shall meet the requirements of those regulations.

Power to require code of practice

205.021

(1) The Chief Safety Officer may, in writing, require an employer to establish, in respect of a workplace under the employer’s control or any work or activity carried out at any of those workplaces, a code of practice in respect of occupational health and safety, or to adopt, in respect of such a workplace, work or activity, a code of practice in respect of occupational health and safety that is specified by the Chief Safety Officer.

Revision of code of practice

(2) The code of practice may be revised by the Chief Safety Officer from time to time, or the Chief Safety Officer may require the employer to revise it from time to time.

Specific duties of employer — hazardous materials

205.022

Subject to any exceptions that are prescribed, every employer shall, in respect of each workplace under its control, and in respect of any activity performed by any of its employees at a workplace that is not under its control, to the extent that it controls the activity,

(

a) ensure that concentrations of hazardous substances at the workplace are controlled in accordance with any standards that are prescribed;

(

b) ensure that all hazardous substances at the workplace are stored and handled in the manner that is prescribed;

(

c) ensure that all hazardous substances at the workplace, other than controlled products, are identified in the manner that is prescribed;

(

d) subject to the Hazardous Materials Information Review Act , ensure that each controlled product at the workplace or each container at the workplace in which a controlled product is contained has applied to it a label that discloses information that is prescribed and has displayed on it, in the manner that is prescribed, all applicable hazard symbols that are prescribed;

(

e) subject to the Hazardous Materials Information Review Act , make available to every employee at the workplace, in the manner that is prescribed, a material safety data sheet that discloses the following information with respect to each controlled product to which the employee may be exposed, namely,

(

i) if the controlled product is a pure substance, its chemical identity, and if it is not a pure substance, the chemical identity of any of its ingredients that is a controlled product and the concentration of that ingredient,

(ii)

if the controlled product contains an ingredient that is included in the Ingredient Disclosure List and the ingredient is in a concentration that is equal to or greater than the concentration specified in that List for that ingredient, the chemical identity and concentration of that ingredient,

(iii)

the chemical identity of any ingredient of the controlled product that the employer believes on reasonable grounds may be harmful to an employee at the workplace and the concentration of that ingredient,

(iv)

the chemical identity of any ingredient of the controlled product whose toxicological properties are not known to the employer and the concentration of that ingredient, and

(

v) any other information that is prescribed with respect to the controlled product;

(

f) if employees at the workplace may be exposed to hazardous substances, investigate and assess the potential exposure in the manner that is prescribed, with the assistance of the workplace committee or the coordinator, as the case may be; and

(

g) ensure that all records of exposure to hazardous substances are kept and maintained in the manner that is prescribed and that personal records of exposure are made available to the affected employees.

Employer to provide information in emergency

205.023

(1) Every employer shall, in respect of each workplace under its control, and in respect of an activity performed by any of its employees at a workplace that is not under its control, to the extent that it controls the activity, provide, in respect of any controlled product to which an employee may be exposed, as soon as the circumstances permit, any information referred to in paragraph 205.022(

e) that is in the employer’s possession to any physician — or other medical professional that is prescribed — who requests that information for the purpose of making a medical diagnosis of, or rendering medical treatment to, an employee in an emergency.

Confidentiality

(2) Any physician — or other medical professional that is prescribed — to whom information is provided by an employer under subsection (1) shall keep confidential any information specified by the employer as being confidential, except for the purpose for which it is provided.

Duties of Supervisors

Duty to take reasonable measures

205.024

Every supervisor shall take all reasonable measures to ensure the health and safety of employees and other individuals that they supervise at a workplace.

Specific duties

205.025

Every supervisor shall

(

a) ensure that the employees that they supervise comply with the provisions of this Part and the regulations made under this Part;

(

b) inform their employer and each of those employees of known or foreseeable health or safety hazards;

(

c) if required to do so by their employer or the operator, provide those employees with written instructions as to the measures to be taken and the procedures to be followed for the protection of the employees; and

(

d) report to their employer any failure to comply with the provisions of this Part or of the regulations made under this Part, or with the occupational health and safety requirements of any authorization related to the workplace that is issued to the operator.

Duties of Employees

Duty to take reasonable measures

205.026

Every employee at a workplace or on a passenger craft shall take all reasonable measures to protect their own health and safety and that of other individuals at the workplace or on the passenger craft.

Specific duties — workplace

205.027

Every employee at a workplace shall

(

a) cooperate with the operator and with all employers and other employees to protect the health and safety of individuals at the workplace;

(

b) use or wear, in the manner intended, all personal protective equipment that is prescribed or that is required by the operator or their employer to be used or worn;

(

c) take all reasonable measures to ensure that other employees use or wear, in the manner intended, all personal protective equipment referred to in paragraph ( b );

(

d) consult and cooperate with committees established for the workplace;

(

e) cooperate with the Board and with persons carrying out duties or functions under this Part;

(

f) follow all instructions of their employer given for the purposes of ensuring occupational health and safety; and

(

g) report to their employer any thing or circumstance at the workplace that is likely to be hazardous to the health or safety of the employee or other individuals at the workplace.

Specific duties — passenger craft

205.028

Every employee shall

(

a) while — and immediately before — being transported on a passenger craft, cooperate with the individual providing them with information and instruction on behalf of the operator, with their employer and with any individual who operates or assists in operating the passenger craft, so as to protect the health and safety of individuals on the passenger craft; and

(

b) while being transported on a passenger craft, use or wear, in the manner intended, all personal protective equipment that is prescribed or that is required by the operator, or by any individual who operates or assists in operating the passenger craft, to be used or worn on the passenger craft.

Limitation of liability — employee

205.029

No employee who, at the workplace or while — or immediately before — being transported on a passenger craft, comes to the assistance of another individual or carries out an emergency measure is personally liable for any injury or damage that may result from it, unless the injury or damage is a result of the employee’s gross negligence or wilful misconduct.

Duties of Suppliers and Providers of Services

Duty of supplier — reasonable measures

205.03

Every supplier shall, to protect the health and safety of individuals at a workplace or on a passenger craft, take all reasonable measures to ensure that any thing it supplies for use at the workplace or on the passenger craft is in a safe condition.

Specific duties

205.031

Every supplier shall ensure

(

a) that any thing it supplies for use at a workplace or on a passenger craft meets the requirements of the regulations made under this Part; and

(

b) if there is an obligation in an agreement for the supplier to maintain the thing in safe condition, that it complies with that obligation.

Duty of provider of services — reasonable measures

205.032

Every provider of services shall take all reasonable measures to ensure that no individual at a workplace or on a passenger craft is endangered as a result of the services that it provides in connection with the workplace or passenger craft.

Specific duties

205.033

Every provider of services shall

(

a) when it provides services in connection with a workplace that are related to the placement, with an operator or employer, of individuals who, in return for monetary compensation, perform work or services for the operator or employer at the workplace, ensure that those individuals have the qualifications and certifications — including any that are prescribed — that are necessary for them to perform the work or services in a manner that protects their health and safety and that of employees and other individuals at the workplace;

(

b) ensure that any information that it provides in connection with the services that it provides is accurate and sufficiently complete so as to enable the operator or employer, as the case may be, to make a competent judgment on the basis of the information; and

(

c) ensure, to the extent that it is possible to do so, that any operator, employer, employee, supplier or owner, or any other provider of services, will not, as a result of relying in good faith on its advice, or on a certificate, seal or stamp provided by it, be in contravention of the provisions of this Part or of the regulations made under this Part, or of the occupational health and safety requirements of the authorization or those undertaken in the declaration related to the authorization.

Duties of Owners, Interest Holders and Corporate Officials

Duty of owner — reasonable measures

205.034

Every owner shall take all reasonable measures to ensure that any workplace in respect of which they are an owner is delivered and maintained so as to ensure the health and safety of individuals at that workplace, including measures to inform the operator of known or foreseeable health or safety hazards that could assist the operator in

(

a) reducing the risks posed by hazards at the workplace; and

(

b) assessing whether the provisions of this Part and the regulations made under this Part — and the occupational health and safety requirements of any authorization related to the workplace that is issued to the operator, and the occupational health and safety requirements undertaken in the declaration related to the authorization — are being complied with.

Duty of interest holder — reasonable measures

205.035

Every interest holder shall take all reasonable measures to ensure that the operator for a workplace in any portion of the offshore area subject to the interest, or the share of the interest, of that interest holder complies with

(

a) the provisions of this Part and the regulations made under this Part; and

(

b) the occupational health and safety requirements of any authorization related to that workplace that is issued to the operator, and the occupational health and safety requirements undertaken in the declaration related to the authorization.

Duty of directors and officers of operators

205.036

(1) Every director and every officer of a corporation that holds an authorization shall take all reasonable measures to ensure that the corporation complies with

(

a) the provisions of this Part and the regulations made under this Part; and

(

b) the occupational health and safety requirements of the authorization, and the occupational health and safety requirements undertaken in the declaration related to the authorization.

Duty of directors and officers of suppliers and providers of services

(2) Every director and every officer of a corporation that is a supplier or a provider of services shall take all reasonable measures to ensure that the corporation complies with sections 205.03 to 205.033.

Duty of directors and officers of interest holders

(3) Every director and every officer of a corporation shall, if the corporation has duties under

section 205.035, take all reasonable measures to ensure that the corporation complies with that section.

Communication of Information

Posting of information — operator

205.037

(1) Every operator shall post in printed form, in a prominent place at each of its workplaces,

(

a) its occupational health and safety policy;

(

b) contact information to enable the reporting of health or safety concerns to the Board; and

(

c) the names of the members of any committees established by the operator for that workplace, the members’ contact information and the minutes of the most recent meeting of those committees.

Information and documents — operator

(2) Every operator shall make the following information and documents readily available at each of its workplaces in a prominent place accessible to every employee at the workplace, in printed or electronic form:

(

a) a copy of this Part and the regulations made under this Part;

(

b) a copy of the document describing the operator’s occupational health and safety management system;

(

c) any code of practice required by the Chief Safety Officer under

section 205.016 to be established or adopted by the operator for that workplace;

(

d) any code of practice required by the Chief Safety Officer under

section 205.021 to be established or adopted by any employer at that workplace;

(

e) information relating to the equipment, methods, measures, standards or other things permitted to be used at the workplace under any permission granted under

section 205.069, any conditions placed on the use of that equipment or those methods, meas­ures, standards or other things and the duration of the permission; and

(

f) information relating to the equipment, methods, measures, standards or other things permitted to be used on a passenger craft, or whose use is permitted in respect of employees or other passengers being transported on a passenger craft, under any permission granted to the operator under

section 205.07, any conditions placed on the use of that equipment or those methods, measures, standards or other things and the duration of the permission.

Incorporated material — operator

(3) Every operator shall, at the request of any employee or employer at any of the operator’s workplaces or by any committee established for any of those workplaces, make readily available for their examination any material incorporated by reference in the regulations made under this Part, in printed or electronic form.

Information — operator

(4) Every operator shall provide to any committee established for any of its workplaces, or to any employer or employee at any of those workplaces, in printed or electronic form, within seven days after the day on which an occupational health and safety officer requires it, any information that enables employees to become acquainted with their rights and responsibilities under this Part as the officer may require.

Obligation to post satisfied

(5) An obligation imposed on an operator under subsection (1) is satisfied if the operator provides a copy of the information or document to each employee at the workplace.

Posting of information — employer

205.038

(1) Every employer shall post, in a prominent place at each workplace for which it has established a special committee, in printed form, the names of the members of the special committee, the members’ contact information and the minutes of the most recent meeting of that committee.

Program and codes of practice — employer

(2) Every employer shall, in respect of a workplace under its control, provide to the operator, and make readily available in a prominent place accessible to its employees at the workplace, in printed or electronic form,

(

a) a copy of the occupational health and safety program for the workplace; and

(

b) any code of practice required by the Chief Safety Officer under

section 205.021 to be established or adopted by the employer for the workplace.

Material and information — employer

(3) Every employer shall make available to the Board, if required by an occupational health and safety officer, and to any persons, unions and committees that an occupational health and safety officer may require, in printed or electronic form, within and for the time that the officer requires, any material or information referred to in subsections 205.037(3) and (4).

Obligation to post satisfied

(4) An obligation imposed on an employer under subsection (1) is satisfied if the employer provides a copy of the information or document to each of its employees at the workplace.

Chief Safety Officer information — operator

205.039

(1) Every operator shall communicate to employees at a workplace and the workplace committee any information that the Chief Safety Officer requires to be communicated to them, within the time and in the manner specified by the Chief Safety Officer.

Chief Safety Officer information — employer

(2) An employer shall communicate to its employees at a workplace any information that the Chief Safety Officer requires to be communicated to them, within the time and in the manner specified by the Chief Safety Officer.

Provision of information to committees

205.04

(1) Every operator and every employer shall immediately after preparing or being provided with a report respecting anything inspected, tested or monitored under this Part at the operator’s workplace or at a workplace under the employer’s control, as the case may be, including a report under

section 205.074, notify all committees established for the workplace of the report and, subject to

section 205.041, within seven days after the day on which a request is received from any of those committees, shall provide that committee with a copy of it.

Reports available to employees

(2) Every operator shall make available to any employee at the workplace, and the employer shall make available to any of its employees at the workplace, on request, a copy of any report that has been provided to a committee established for the workplace.

Editing of report — trade secrets

205.041

(1) If a report referred to in subsection 205.04(1) contains a trade secret, the operator or employer, as the case may be, may edit the report to protect the trade secret.

Editing of report — medical information

(2) If a report referred to in subsection 205.04(1) contains information relating to the medical history of an identifiable individual or other prescribed information relating to an identifiable individual, the operator or employer, as the case may be, shall edit the report to protect that information before providing it to a committee, unless the individual to whom the information relates consents in writing to the disclosure of the information to the committee.

Edited report

(3) The edited report shall be provided to the committee within 21 days after the day on which the committee’s request is received.

Response to request for information — operator

205.042

(1) Subject to subsections (3) and (4), every operator who receives from a committee established for any of its workplaces or any employee at any of its workplaces a written request for any information related to occupational health and safety, other than a request for a report referred to in subsection 205.04(1), shall provide a written response to the request within 21 days after the day on which it is received.

Response to request for information — employer

(2) Subject to subsections (3) and (4), every employer who receives from a special committee it has established or any of its employees a written request for any information related to occupational health and safety, other than a request for a report referred to in subsection 205.04(1), shall provide a written response to the request within 21 days after the day on which it is received.

Limitation — special committees

(3) If the request is made by a special committee, the operator or employer is required to respond only if the information is necessary for the particular purposes for which the committee was established.

Other provisions

(4) Subsections 205.047(3) to (8) apply to the request with any modifications that the circumstances require.

Committees and Coordinator

Establishment

205.043

(1) Every operator shall establish one workplace committee for each of its workplaces, other than a workplace established for six months or less, for purposes related to occupational health and safety.

Exception

(2) Despite subsection (1), the Chief Safety Officer may authorize an operator to establish a single workplace committee in respect of two or more workplaces if the Chief Safety Officer is satisfied that the circumstances warrant it.

Other committees

(3) An occupational health and safety committee described in subsection 205.045(1) is deemed to be a workplace committee in respect of the workplace referred to in that subsection and to have been established by the operator for that workplace.

Duties of workplace committee

(4) A workplace committee shall

(

a) receive, consider, investigate if necessary and promptly dispose of matters and complaints related to occupational health and safety;

(

b) participate in inspections referred to in paragraphs 205.013(

q) and 205.019(1)( p ), in the investigation of any matter under paragraph 205.022(

f) and in the activities of any health and safety officers that pertain to a matter under

section 205.049 or subsection 205.05(8) or 205.054(8), and, at the discretion of a health and safety officer, participate in the officer’s activities that pertain to occupational diseases and to accidents, incidents and other hazardous occurrences;

(

c) maintain records in a form and manner approved by the Chief Safety Officer, and provide a copy of those records, on request, to a health and safety officer, or to any person within a class of persons that is prescribed;

(

d) keep minutes of committee meetings in a form and manner approved by the Chief Safety Officer and provide a copy of those minutes, on request, to a health and safety officer, or to any person within a class of persons that is prescribed; and

(

e) perform any other duties that are assigned to it by the Chief Safety Officer or that are assigned to it under an agreement between the operator and any employers and employees — or the union representing them — at the workplace.

Functions of workplace committee

(5) A workplace committee may

(

a) seek to identify those things and circumstances at the workplace that are likely to be hazardous to the health or safety of employees, and advise on effective procedures to eliminate the hazards, to reduce the risks posed by the hazards and to protect against the hazards;

(

b) advise the operator and the employers at the workplace on the occupational health and safety policy, the occupational health and safety management system and the occupational health and safety programs — and any procedures — required under this Part;

(

c) advise on the provision of personal protective equipment suited to the needs of the employees;

(

d) make recommendations, for the improvement of occupational health and safety, to the operator and the employers and employees at the workplace and to any supplier, owner or provider of services that carries out duties or functions under this Part; and

(

e) participate in the activities described in subsection 205.079(1).

Limitation of liability

(6) An individual who serves as a member of a workplace committee is not personally liable for anything done or omitted to be done by them in good faith while carrying out their duties or functions.

Number of members

205.044

(1) A workplace committee consists of any number of individuals that may be agreed to by the operator and the employees at the workplace or the unions representing them.

Selection of members

(2) The operator shall select no more than half of the members of a workplace committee from among employees at the workplace, at least one of whom shall be a representative of the operator. The other members, who represent the employees, shall be selected by the employees, or the unions representing them, from among employees at the workplace who do not exercise managerial functions.

Meetings

(3) A workplace committee shall meet at least once every month, or more frequently if the Chief Safety Officer requires it.

Time off work

(4) An employee who is a member of a workplace committee is entitled to any time off from work that is necessary to enable them to fulfil their duties and functions as a member of the committee, including time off to take training. That time off is considered to be work time for which the employee shall be paid the same wages and granted the same benefits that the employee would have received had they worked for that time.

Rules of procedure

(5) A workplace committee may establish its own rules of procedure, but in establishing those rules it shall comply with any requirements that are prescribed.

Co-chairpersons

(6) A workplace committee is to be co-chaired by two of its members, one chosen by members that have been selected by employees, or unions representing them, and the other chosen by members that have been selected by the operator.

Resolution of disagreements

(7) If there is disagreement as to the size of a workplace committee, the selection of members or any other matter that prevents or impairs the proper functioning of the committee, the Chief Safety Officer shall determine the matter and provide those concerned with a written determination. A determination by the Chief Safety Officer is final and binding and not subject to review or appeal.

Occupational health and safety coordinator

205.045

(1) If an operator establishes a workplace for six months or less, the operator shall — unless there is already an occupational health and safety committee for the workplace that meets the requirements of subsections 205.044(1), (2) and (6) — designate an employee at that workplace who has been approved by the Chief Safety Officer to act as an occupational health and safety coordinator in respect of that workplace.

Duties of coordinator

(2) The coordinator shall

(

a) receive, consider, investigate if necessary, and promptly dispose of matters and complaints related to occupational health and safety;

(

b) assist their employer in carrying out the employer’s duties under paragraph 205.022( f );

(

c) maintain records in a form and manner approved by the Chief Safety Officer, and provide a copy of those records, on request, to a health and safety officer, or to any person within a class of persons that is prescribed; and

(

d) perform any other duties that are assigned to them by the Chief Safety Officer.

Recommendations

(3) The coordinator may make recommendations, for the improvement of occupational health and safety, to the operator and the employers and employees at the workplace and to any supplier, owner or provider of services that has duties or functions under this Part.

Duties of operator

(4) The operator shall

(

a) ensure that the coordinator is informed of their responsibilities as coordinator under this section;

(

b) ensure that the coordinator is provided with the training in health and safety — including any that is prescribed — necessary to enable them to fulfil their duties and functions as coordinator; and

(

c) make readily available to employees at the workplace, in printed form, the name of the coordinator and the coordinator’s contact information.

Duties of operator and employer

(5) The operator and the employers at the workplace shall cooperate with the coordinator and facilitate communications between the coordinator and the employees at the workplace.

Limitation of liability

(6) An individual who serves as a coordinator is not personally liable for anything done or omitted to be done by them in good faith while carrying out their duties or functions.

Time off work

(7) An employee who is a coordinator is entitled to any time off from work that is necessary to enable them to fulfil their duties and functions as a coordinator, including time off to take training. That time off is considered to be work time for which the employee shall be paid the same wages and granted the same benefits that the employee would have received had they worked for that time.

Order to establish special committee — operator

205.046

(1) The Chief Safety Officer may, after consultation with an operator, order the operator to establish a special committee for any of its workplaces for particular purposes related to occupational health and safety.

Order to establish special committee — employer

(2) The Chief Safety Officer may, after consultation with an employer having control over a workplace, the operator, and the employer’s employees at the workplace or the union representing them, order the employer to establish a special committee for that workplace for particular purposes related to occupational health and safety.

Mandate, duties and functions

(3) The order shall set out the mandate, duties and functions of the special committee and the responsibilities of the operator or employer, as the case may be.

Time limit

(4) The operator or employer, as the case may be, shall establish the special committee within 15 days after the day on which it receives the order.

Provisions applicable

(5) Paragraphs 205.043(5)(

b) and (

d) and subsections 205.043(6) and 205.044(1) to (7) apply, with any modifications that the circumstances require, in respect of a special committee.

Response to recommendations

205.047

(1) Subject to subsections (4), (6) and (7), an operator or employer who receives recommendations from a committee established for any of the operator’s workplaces or for a workplace under the employer’s control, as the case may be, together with a written request to respond to the recommendations, shall provide a written response within 21 days after the day on which it receives the request.

Nature of response

(2) The response shall indicate the recommendations being accepted as well as the action, if any, that will be taken and the date by which it will be taken, and the recommendations being rejected, together with the reasons for the rejection.

Response delayed — explanation

(3) If it is not possible to provide a response within 21 days, the operator or employer, as the case may be, shall within that period provide the committee with a written explanation for the delay and propose a date on which the response will be provided.

Revised date for response

(4) Unless the committee notifies the operator or employer, as the case may be, that it is not satisfied that the explanation provided or the proposed date is reasonable, the operator or employer shall provide the response by that date.

Report of delay

(5) If the committee is not satisfied that the explanation provided or the proposed date indicated is reasonable, the committee shall promptly report the matter to an occupational health and safety officer.

Confirmation of date

(6) If the occupational health and safety officer is satisfied that the explanation provided and the proposed date are reasonable, the officer shall notify the committee, and the operator or employer, as the case may be, that the operator or employer is to provide the response by the date indicated. The operator or employer, as the case may be, shall provide the response by that date.

Fixing new date

(7) If the occupational health and safety officer is not satisfied that the explanation provided or the proposed date is reasonable, the officer shall determine the date on which the response is to be provided and notify the committee, and the operator or employer, as the case may be, of that date. The operator or employer, as the case may be, shall provide the response by that date.

Report regarding response

(8) If the committee has not been provided with a response to its recommendations within the period required or if it considers that the response is not satisfactory, it shall inform an occupational health and safety officer of the matter.

Workplace Monitoring

Observers

205.048

(1) A workplace committee may choose an employee at the workplace to observe

(

a) the set-up of, or any change to, systems for monitoring conditions at the workplace that affect the health or safety of employees, including systems for taking samples and measurements; and

(

b) the subsequent monitoring of the conditions referred to in paragraph ( a ), including the taking of samples and measurements.

Observers

(2) Every employer who conducts an activity described in paragraph (1)(

a) or (

b) at the workplace, and the operator if the operator conducts such an activity, shall permit the observer to observe the activity.

Exception

(3) Subsection (2) does not apply in an emergency situation, or in respect of monitoring referred to in paragraph (1)(

b) that is carried out continuously or on a regular and frequent basis.

Notice and access

(4) When an operator or an employer monitors health and safety condition