Occupational Health and Safety Amendment Act, 2001 Stockwell, Hon. Chris Minister of Labour — Bill 145 (37th Parliament, 2nd Session)

Bill 145, 37-2

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Bill 145, Occupational Health and Safety Amendment Act, 2001

Stockwell, Hon. Chris Minister of Labour

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[37] Bill 145 Royal Assent (PDF)

Bill 145 2001

An Act to amend

the Occupational Health

and Safety Act

Her Majesty, by and with the advice and consent of the Legislative

Assembly of the Province of Ontario, enacts as follows:

1. Subsection 54 (2) of the Occupational Health and

Safety Act is repealed and the following substituted:

Entry to dwellings

(2) An inspector may only enter a dwelling or that part of a

dwelling actually being used as a workplace with the consent of the occupier

or under the authority of a warrant issued under this Act or the

Provincial Offences Act .

2. Subsections 56 (1) and (2) of the Act are repealed

and the following substituted:

Warrants - investigative techniques, etc.

(1) On application without notice, a justice of the peace or a

provincial judge may issue a warrant authorizing an inspector, subject to

this section, to use any investigative technique or procedure or to do any

thing described in the warrant if the justice of the peace or provincial

judge, as the case may be, is satisfied by information under oath that there

are reasonable grounds to believe that an offence against this Act or the

regulations has been or is being committed and that information and other

evidence concerning the offence will be obtained through the use of the

technique or procedure or the doing of the thing.

Expert help

(1.1) The warrant may authorize persons who have special,

expert or professional knowledge to accompany and assist the inspector in the

execution of the warrant.

(1.2) The warrant shall authorize the inspector to enter and

search the place for which the warrant was issued and, without limiting the

powers of the justice of the peace or the provincial judge under subsection

(1), the warrant may, in respect of the alleged offence, authorize the

inspector to,

(

a) seize or examine and copy any drawings, specifications, licence,

document, record or report;

(

b) seize or examine any equipment, machine, device, article, thing,

material or biological, chemical or physical agent;

(

c) require a person to produce any item described in clause (

a) or

(b);

(

d) conduct or take tests of any equipment, machine, device, article,

thing, material or biological, chemical or physical agent, and take and carry

away samples from the testing;

(

e) take measurements of and record by any means the physical

circumstances of the workplace; and

(

f) make inquiries of any person either separate and apart from another

person or in the presence of any other person.

Duration

(1.3) The warrant is valid for 30 days or for such shorter

period as may be specified in it.

to those provided for in subsections (1) to (1.3) as the justice of the peace

or provincial judge, as the case may be, considers advisable in the

circumstances.

Further warrants

(1.5) A justice of the peace or provincial judge may issue

further warrants under subsection (1).

Powers, duties not restricted

(1.6) Nothing in this

section restricts any power or duty of an

inspector under this Act or the regulations.

Possession

(2) The inspector may remove any thing seized under a warrant

from the place from which it was seized or may detain it in that place.

3. The Act is amended by adding the following

section:

Power of inspector to seize

56.1

(1) An inspector who executes

a warrant issued under

section 56 may seize or examine and copy any drawings,

specifications, licence, document, record or report or seize or examine any

equipment, machine, device, article, thing, material or biological, chemical

or physical agent, in addition to those mentioned in the warrant, that he or

she believes on reasonable grounds will afford evidence in respect of an

offence under this Act or the regulations.

Searches in exigent circumstances

(2) Although a warrant issued under

section 56 would otherwise

be required, an inspector may exercise any of the powers described in

subsection 56 (1) without a warrant if the conditions for obtaining the

warrant exist but by reason of exigent circumstances it would be

impracticable to obtain the warrant.

Report to justice, etc.

(3) Subsections 56 (3), (4) and (5) apply with necessary

modifications to a thing seized under this section.

4. Subsections 62 (1), (2) and (3) of the Act are

repealed and the following substituted:

Obstruction of inspector

(1) No person shall hinder, obstruct, molest or interfere with

or attempt to hinder, obstruct, molest or interfere with an inspector in the

exercise of a power or the performance of a duty under this Act or the

regulations or in the execution of a warrant issued under this Act or the

Provincial Offences Act with respect to a matter under this Act or

the regulations.

Assistance

(2) Every person shall furnish all necessary means in the

person's power to facilitate any entry, search, inspection, investigation,

examination, testing or inquiry by an inspector,

(

a) in the exercise of his or her powers or the performance of his or her

duties under this Act or the regulations; or

(

b) in the execution of a warrant issued under this Act or the

Provincial Offences Act with respect to a matter under this Act or

the regulations.

False information, etc.

(3) No person shall knowingly furnish an inspector with false

information or neglect or refuse to furnish information required by an

inspector,

(

a) in the exercise of his or her powers or the performance of his or her

duties under this Act or the regulations; or

(

b) in the execution of a warrant issued under this Act or the

Provincial Offences Act with respect to a matter under this Act or

the regulations.

Commencement

5. This Act comes into force on the day it receives

Royal Assent.

Short title

6. The

short title of this Act is the Occupational

Health and Safety Amendment Act, 2001 .

[37] Bill 145 Original (PDF)