Second

Session, 47th General Assembly

Elizabeth II, 2013

BILL 1

AN ACT TO AMEND THE

CANADA-NEWFOUNDLAND AND LABRADOR ATLANTIC ACCORD IMPLEMENTATION NEWFOUNDLAND AND LABRADOR

ACT

Received and Read the First Time ...................................................................................................

Second Reading .................................................................................................................................

Committee ............................................................................................................................................

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE THOMAS W. MARSHALL, Q.C.

Minister of Natural Resources

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTE

This Bill would amend the Canada-Newfoundland and Labrador Atlantic

Accord Implementation Newfoundland and Labrador Act to incorporate an

occupational health and safety regime in the Act.

A BILL

AN ACT TO AMEND THE CANADA-NEWFOUNDLAND AND

LABRADOR ATLANTIC ACCORD IMPLEMENTATION NEWFOUNDLAND

AND LABRADOR ACT

Analysis

S.2 Amdt.

Definitions

S.5 Amdt.

Regulations re offshore

S.6 Amdt.

Disputes between neighbouring provinces

S.7 R&S

Approval of federal minister before making of regulations

S.26.1 Added

Audit and evaluation committee

S.29 Amdt.

Annual report

Ss.29.1 & 29.2 Added

29.1 Regulations

29.2 Remittance of fees and

charges

S.41 Amdt.

Regional security of supply

S.42 Amdt.

Ministerial directives

S.45 Amdt.

Canada-Newfoundland and Labrador benefits plan

S.46 Amdt.

Coordination

S.63 R&S

Regulations

S.66 Amdt.

Terms, conditions and regulations

14. S.97 Amdt.

Interpretation

S.107 R&S

Registration is considered notice

S.114 R&S

Regulations

S.119 Amdt.

Notice to comply

S.121 Amdt.

Regulations

S.134 Amdt.

Licences and authorizations

S.135.1 Amdt.

Declaration by applicant and board

21. Ss.136 & 136.1 R&S

136. Designation

136.1 Orders

S.146 Amdt.

Equivalent standards

S.155 Amdt.

Definitions re petroleum spills

S.156 Amdt.

Spills prohibited

S.157 Amdt.

Recovery of loss, etc.

S.163 Amdt.

Voluntary pooling

S.168 Amdt.

Unitization

S.173 Amdt.

Effective date of unitization order

Heading R&S

30. Ss.184 to 188 R&S

184. Officers

185. Powers of officers

185.1 Reports provided to

holder of

authorization

185.2 Entering living

quarters

186. Certificate to be

produced

187. Assistance to officers

188. Obstruction of

officers

188.1 Warrants

188.2 Storage and removal

S.189 Amdt.

Powers of operational safety officer

S.189.1 R&S

Priority of orders

S.189.2 Amdt.

Installation manager

S.190 R&S

Offences

35. Ss.190.1 to 190.6 Added

190.1. Offence by

corporation

190.2 Imprisonment

precluded in certain

cases

190.3 Orders of court

190.4 Variation of order

190.5 Subsequent

applications with

leave

190. 6 Recovery of fines

and amounts

S.195 R&S

Limitation period

37. S.198.1 Added

Information

S.199 R&S

Regulations

Part III.1 Added

PART

III.1

OCCUPATIONAL HEALTH AND SAFETY

201.1

Interpretation

201.2 Crown bound

201.3 Application

201.4 Application of

Newfoundland and

Labrador social

legislation

201.5 Application of

Labour Relations

Act

201.6 Purpose

201.7 Allocation of

responsibility

201.8 Operator's duty to

establish

occupational health

and safety policy

201.9 Operator's duty to

take reasonable

measures

201.10 Specific duties of

operator -

workplace

201.11 Specific duties of

operator -

passenger craft

201.12 Occupational

health and safety

management

system - operator

201.13 Operator's code of

practice

201.14 Accidents and

occupational

diseases

201.15 Employer's duty to

take reasonable

measures

201.16 Specific duties of

employers

201.17 Occupational

health and safety

program -

employer

201.18 Employer's code of

practice

201.19 Specific duties of

employers-

hazardous

materials

201.20 Employer to

provide

information in

emergency

201.21 Supervisor's duty

to take reasonable

measures

201.22 Specific duties of

supervisor

201.23 Employee's duty to

take reasonable

measures

201.24 Specific duties of

employee-

workplace

201.25 Specific duties of

employee -

passenger craft

201.26 Limitation of

liability-employee

201.27 Supplier's duty to

take reasonable measures

201.28 Specific duties of

supplier

201.29 Provider of ser vices' duty to take

reasonable

measures

201.30 Specific duties of

provider of

services

201.31 Duty of owner

201.32 Duty of interest

holder

201.33 Duties of directors

and officers

201.34 Communication of

information -

operator

201.35 Communication of

information -

employer

201.36 Chief safety officer

information

201.37 Provision of

information to

committees

201.38 Editing of reports

201.39 Response to

request for

information

201.40 Establishment,

functions and

duties of

workplace

committee

201.41 Workplace

committee

201.42 Occupational

health and safety

coordinator

201.43 Special committees

201.44 Response to

recommendations

of committee

201.45 Workplace

monitoring

201.46 Reporting of

occupational health

and safety

concerns

201.47 Right to refuse

201.48 Opportunity to

explain reasons for

refusal

201.49 Assignment of

equivalent work

201.50 Compensation or

equivalent work

for other

employees

201.51 Refusal to be

transported

201.52 Assignment of

equivalent work

201.53 Pregnant or

nursing employees

201.54 Reassignment and

job modification

201.55 Employer's

obligations and

rights of

employees

201.56 Reprisal action

201.57 Application by

employee

201.58 Notice of decision

to dismiss

201.59 Orders

201.60 Application by

employer or

provider of

services

201.61 Notice of decision

to dismiss

201.62 Notice of decision

201.63 Activities of board

201.64 Guidelines and

interpretation notes

201.65 Application for an

authorization

201.66 Substitutions-

workplace

201.67 Substitutions-

passenger craft

201.68 Occupational

health and safety

officers

201.69 Special officers

201.70 Powers of

occupational health

and safety officers

201.71 Reports of health

and safety officer

201.72 Entering living

quarters

201.73 Assistance to

officers

201.74 False statements of

information

201.75 Obstruction

201.76 Accompaniment of

health and safety

officer

201.77 Warrants

201.78 Storage and

removal

201.79 Non-disturbance of

scene

201.80 Provision of

information

201.81 Information not to

be disclosed

201.82 Non-disclosure of

identity

201.83 Non-disclosure of

trade secrets and

information on

hazardous products

and material

201.84 Disclosure of

information

201.85 Access to

information by

governments

201.86 Disclosure by

board

201.87 Privilege

201.88 Protection from

liability

201.89 Order to terminate

contravention

201.90 Dangerous

situation order

201.91 Copy of order

201.92 Compliance notice

201.93 Priority of order

201.94 Posting and

providing of

certain documents

201.95 Review of

occupational health

and safety officer's

decision

201.96 Review by chief

safety officer

201.97 Appeal to

labour

relations board

201.98 Compensation of

employees

201.99 Enforcement of

orders

201.100 Offences

201.101 Offence by

corporation

201.102 Imprisonment

precluded in

certain cases

201.103 Orders of court

201.104 Variation of order

201.105 Subsequent

applications with

leave

201.106 Recovery of fines

and amounts

201.107 Order to comply

201.108 Continuing

offences

201.109 Limitation period

201.110 Evidence

201.111 Jurisdiction of judge

201.112 Action to enjoin

not prejudiced by

prosecution

201.113 Information

201.114 Advisory council

201.115 Auditor

201.116 Inquiries

201.117

Definitions

201.118 Use not mandatory

201.119 Electronic

document

201.120 Regulations

S.207 R&S

Agreements under federal Act

RSNL1990 cL-1

Amdt.

RSNL1990 cW-11

Amdt.

Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

RSNL1990 cC-2

as amended

(1) Paragraphs 2(

a) and (

b) of the Canada-Newfoundland and Labrador Atlantic

Accord Implementation Newfoundland and Labrador Act is repealed and the

following substituted:

(a) "Atlantic Accord" means the

the province on offshore petroleum resource management and revenue sharing

dated February 11, 1985, and includes amendments to the memorandum of

agreement;

(b) "board" means the

Canada-Newfoundland and Labrador Offshore Petroleum Board referred to in

section 9;

(2) Paragraphs 2(f), (

g) and (

h) of the Act are

repealed and the following substituted:

(f) "federal Act" means the Canada-Newfoundland and Labrador

Atlantic Accord Implementation Act ;

(g) "federal government" means the

Governor in Council;

(h) "federal minister" means the Minister

of Natural Resources of Canada or another minister of the Crown in right of Canada that may be designated under the laws of Canada

as the minister responsible for the federal Act;

(3) Paragraph 2(

t) of the Act is repealed and the

following substituted:

(t) "provincial minister" means, except

as provided for the purpose of

Part III.1, the minister of the Crown in right

of the province who the Lieutenant-Governor in Council may by order designate

as the provincial minister for the purpose of this Act.

2. Subsection 5(1) of the Act is repealed and the

following substituted:

Regulations re

offshore

(1) Subject

to the approval of the provincial minister, the Governor in Council may make

regulations prescribing lines enclosing areas adjacent to the province for the

purpose of paragraph 2(o).

3. Subsection 6(1) of the Act is repealed and the

following substituted:

Disputes between

neighbouring provinces

(1) In

this

section

(a) "agreement" means an agreement between the Government of

Canada and the government of a province respecting resource management and

revenue sharing in relation to activities respecting the exploration for or the

production of petroleum carried out on any frontier lands; and

(b) "frontier lands" means lands that belong to Her Majesty in right

of Canada , or in respect of

which the Crown in right of Canada

has the right to dispose of or exploit the natural resources and that are

situated in

(

i) Yukon , the Northwest Territories ,

Nunavut or Sable Island ,

(ii) those submarine areas, not within a province, adjacent to the coast of

Canada and extending throughout the natural prolongation of the land territory

of Canada to the outer edge of the continental margin or to a distance of two

hundred nautical miles from the baselines from which the breadth of the

territorial sea of Canada is measured, whichever is the greater.

Section 7 of the Act is repealed and the

following substituted:

Approval of

federal minister before making of regulations

(1) Before

a regulation is made under

section 29.1, subsection 41(7),

section 63,

subsection 66(2), sections 114, 118, 121 and 145, subsection 155(4) and

section

199, the provincial minister shall consult the federal minister with respect to

the proposed regulation and a regulation shall not be made without the approval

of the federal minister.

(2) Before a regulation is made under subsection 201.1(4)

or (5) or subsection 201.120(1), the provincial minister as defined in

Part

III.1 shall consult the federal minister with respect to the proposed regulation

and a regulation shall not be made without the approval of that minister.

5. The Act is amended by adding immediately after

section 26 the following:

Audit and evaluation

committee

26.1

(1) The

board shall appoint an audit and evaluation committee consisting of at least 3

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.

(2) In addition to 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.

6. Subsection 29(2) of the Act is repealed and the

following substituted:

(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 financial year covered by the report.

7. The Act is amended by adding immediately after

section 29 the following:

Regulations

29.1

(1) The

Lieutenant-Governor in Council may make regulations respecting

(

a) the fees or charges, or the method of

calculating the fees or charges, to be paid for the provision, by the board, of

a service or a product under this Act;

(

b) the fees or charges, or the method of

calculating the fees or charges to be paid by the holder of an operating

licence issued under paragraph 134(1)(

a) or an authorization issued under

paragraph 134(1)(

b) in respect of the board's activities under this Act; and

(

c) the refund of all or part of a fee or charge

referred to in paragraph (

a) or (b), or the method of calculating that refund.

(2) The amount of the fees or charges referred to

in paragraph (1)(

a) shall not to exceed the cost of providing the services or

products.

(3) The amounts of the fees or charges referred to

in paragraph (1)(

b) shall not to exceed the cost of the board's activities

under this Act.

Remittance of

fees and charges

29.2 One

half of the amounts obtained in accordance with regulations made under

section

29.1 shall be paid to the Consolidated Revenue Fund in the prescribed time and

manner.

8. Subsection 41(7) of the Act is repealed and the

following substituted:

(7) Subject to

section 7, the Lieutenant-Governor

in Council may make regulations

(

a) defining the expression "commercial

terms" or providing for arbitration to establish commercial terms in a

particular case;

(

b) governing, for the purposes of this section,

arbitration and the making of arbitration orders and appeals from and enforcement

of arbitration orders;

(

c) prescribing the manner of exercising a first

option to acquire that is granted under a notice given under subsection (2);

and

(

d) to give effect to the purpose of this section.

9. (1) Paragraph 42(1)(

d) of the Act is

repealed and the following substituted:

(

d) Canada-Newfoundland and Labrador

benefits plans and any of the provisions of those plans; and

(2) Section 42 of the Act is amended by adding

immediately after subsection (1) the following:

(1.1) The provincial minister as defined in

Part

III.1 and the federal minister may jointly issue written directives to the board

respecting

(

a) the development of guidelines and

interpretation notes with respect to occupational health and safety matters;

and

(

b) the implementation of recommendations made by

an auditor under

section 201.115 or made following an inquiry under

section 201.116.

(3) Subsections 42(2), (3) and (4) of the Act are

repealed and the following substituted:

(2) The board shall comply with a directive issued

under this section.

(3) Directives issued under this

section are not subordinate

legislation for the purpose of the Statutes

and Subordinate Legislation Act.

(4) When a directive is issued under this section,

a notice shall be published in the Gazette

that the directive has been issued and that the text of it is available for

inspection by a person on request made to the board.

10. Subsection 45(2) of the Act is repealed and the

following substituted:

(2) Before the board approves a development plan

under subsection 135(4) or authorizes a work or activity under paragraph

134(1)(b), a Canada-Newfoundland and Labrador

benefits plan shall be submitted to and approved by the board, unless the board

directs that it is not necessary to comply with that requirement.

11. Subsection 46(1) of the Act is amended by

adding immediately after paragraph (

c) the following:

(c.1) aviation regulation;

Section 63 of the Act is repealed and the

following substituted:

Regulations

63. Subject

section 7, the Lieutenant-Governor in Council may, for the purpose of

section 57, make regulations of general application in relation to the offshore

area or a portion of the offshore area, or in respect of a particular call for

bids, prescribing the terms, conditions and criteria to be specified in a call

for bids, the manner in which bids are to be submitted and requiring those

13. Subsection 66(2) of the Act is repealed and the

following substituted:

(2) Subject to

section 7, the Lieutenant-Governor

included in exploration licences issued in relation to the offshore area or a

portion of the offshore area.

14. Paragraph 97(1)(

j) of the Act is repealed and

the following substituted:

(j) "security interest" means a charge

on or right in relation to an interest or a share in an interest that, under a

written agreement, secures payment or performance of an obligation, including

(

i) the payment of an indebtedness arising from an

existing or future loan or advance of money,

(ii) a bond, debenture or other security of a

corporation, or

(iii) the performance of the obligations of a

guarantor under a guarantee given in respect of all or a part of an indebtedness

referred to in subparagraph (

i) or all or a part of a bond, debenture or other

security of a corporation,

and includes a security given under

section 426 of the Bank Act ( Canada ),

but does not include an operator's lien;

Section 107 of the Act is repealed and the

following substituted:

Registration is

considered notice

107. The

registration of an instrument under this Division shall be considered to

constitute actual notice of the instrument to all persons as of the time of

registration of the instrument and, in the case of a security notice, shall be

considered to constitute actual notice to all persons who may serve a demand

for information under

section 109 in respect of the security notice of the

contents of the documents specified in the security notice.

Section 114 of the Act is repealed and the

following substituted:

Regulations

114. Subject

section 7, the Lieutenant-Governor in Council may make regulations for

carrying out the provisions of this Division and may make regulations

(

a) prescribing the powers, duties and functions

of the registrar and deputy registrar for the purpose of this Division and the

time when, and manner and circumstances in which, they are to be exercised, and

providing for the designation by the board of a person or class of persons to

exercise the powers and perform the duties and functions that may be specified

in the regulations;

(

b) governing the books, abstracts and indices to

be maintained as the register for the purposes of this Division and the particulars

of interests, instruments and portions of the offshore area and the orders and

declarations made in relation to interests to be recorded in the books,

abstracts and indices;

(

c) governing the filing of copies of interests,

registered instruments and other documents in the register established under

this Division;

(

d) governing public access to and searches of the

register;

(

e) prescribing the dependent rights and classes

of dependent rights in respect of which a caution may be registered under this

Division; and

(

f) prescribing other matters or things that are

by this Division to be prescribed.

17. Subsection 119(1) of the Act is repealed and

the following substituted:

Notice to comply

(1) Where

the board has reason to believe that an interest owner or holder is failing or

has failed to meet a requirement of or under this Part,

Part III or III.1 or a

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 date of the notice or within a longer period that the board

considers appropriate.

18. Subsection 121(1) of the Act is repealed and

the following substituted:

Regulations

(1) Subject

section 7, the Lieutenant-Governor in Council may make regulations for

carrying out the provisions of this Part and may make regulations

(

a) consistent with the Canada Lands Surveys Act authorizing or

requiring the survey, division and subdivision of the offshore area and

defining and describing the divisions and subdivisions;

(

b) prescribing the information and documentation

to be provided by interest owners and interest holders for the purpose of this

Part, the time when and manner in which that information and documentation is

to be provided, authorizing the board to prescribe the form in which it is to

be provided and requiring the information and documentation to be provided in

accordance with the regulations;

(

c) requiring fees and deposits to be paid in

respect of interests, prescribing the amounts of those fees and deposits, the

time and manner of their payment and providing for the administration of the

fees and deposits and the disposition and return of deposits; and

(

d) prescribing other matters or things that by

this Part are to be prescribed or that are to be done by regulations.

19. (1) Subsection 134(3) of the Act is

repealed and the following substituted:

(3) An operating licence is subject to the requirements

that are determined by the board or that are prescribed and to the deposits

that are prescribed.

(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 134 of the Act is amended by adding

immediately after subsection (4) the following:

(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.

(3) Paragraphs 134(5)(

a) and (

b) of the Act are

repealed and the following substituted:

(

a) a requirement, approval 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;

(a.1) a fee or charge payable in accordance with

regulations made under

section 29.1;

(

b) a requirement undertaken in a declaration

referred to in subsection 135.1(1);

(4) Subsection 134(5) of the Act is amended by

deleting the "or" at the end of paragraph (

c) and by adding immediately

after that paragraph the following:

(c.1) any provision of

Part III.1; or

20. Subsection 135.1(2) of the Act is repealed.

21. Sections 136 and 136.1 of the Act are repealed

and the following substituted:

Designation

(1) The

board may, for the purpose of this Act, designate a person as the chief safety

officer and another person as the chief conservation officer.

(2) Notwithstanding subsection (1), the chief

executive officer may not be designated as the chief safety officer.

Orders

136.1 For

the purpose 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 is not subordinate legislation as

defined in the Statutes and Subordinate

Legislation Act.

22. Paragraphs 146(1)(

a) and (

b) of the Act are

repealed and the following substituted:

(

a) the use of equipment, methods, measures or

standards instead of any required by a regulation made under

section 145, where

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) the exemption from a regulatory requirement

imposed by a regulation made under

section 145, in respect of equipment,

methods, measures or standards, where those officers are satisfied with the

level of safety, protection of the environment and conservation achieved

without compliance with that requirement.

23. Subsection 155(1) of the Act is repealed and

the following substituted:

Definitions re

petroleum spills

(1) In

sections 156 to 161, "spill" means a discharge, emission or escape of

petroleum, other than one that is authorized under the regulations or another

federal law or that constitutes a discharge from a ship to which

Part 8 or 9 of

the Canada Shipping Act, 2001 applies

or a ship to which

Part 6 of the Marine

Liability Act (Canada) applies.

24. Subsection 156(3) of the Act is repealed and

the following substituted:

(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 a further spill, to repair or remedy a condition resulting from the

spill and to reduce or mitigate damage or danger that results or may reasonably

be expected to result from the spill.

25. (1) Paragraph 157(1)(

b) of the Act is

repealed and the following substituted:

(

b) all persons to whose fault or negligence the

spill or the authorized discharge, emission or escape of petroleum is attributable

or who are by law responsible for others to whose fault or negligence the spill

or authorized discharge, emission or escape of petroleum is attributable are

jointly and individually liable, to the extent determined according to the

degree of fault or negligence proved against them, for

(

i) all actual loss or damage incurred by a person

as a result of the spill or the authorized discharge, emission or escape of

petroleum; and

(ii) the costs and expenses reasonably incurred by

the board or the Crown in right of Canada or the province in taking an action

or measure in relation to the spill or the authorized discharge, emission or

escape of petroleum.

(2) Subsection 157(2.1) of the Act is repealed and

the following substituted:

(2.1) Nothing in paragraph (1)(

a) or (2)(

a) suspends

or limits the application of paragraph (1)(

b) or (2)(b).

(2.2) Where a person is liable under paragraph

(1)(

a) or (2)(

a) with respect to an occurrence and the person is liable under

another law, without proof of fault or negligence, for the same occurrence, the

person is liable up to the greater of the prescribed limit referred to in that

paragraph and the amount for which the person is liable under the other law.

26. Subsection 163(2) of the Act is repealed and

the following substituted:

(2) The board may, on behalf of the Crown, enter

advisable and, notwithstanding anything in this Part or

Part II, the Federal Real Property and Federal Immovables

Act ( Canada )

or regulations made under those Parts or that Act, the pooling agreement is

binding on the Crown.

27. Subsection 168(2) of the Act is repealed and

the following substituted:

(2) The board may enter into a unit agreement

and the regulations under this Part or

Part II or the Federal Real Property and Federal Immovables Act (Canada) that may

or suspended to the extent necessary to give full effect to the terms and

conditions of the unit agreement.

28. Subsection 173(1) of the Act is repealed and

the following substituted:

Effective date of

unitization order

(1) A

unitization order shall become effective on the day that the committee

determines in the order, but that day shall be not less than 30 days after the

day on which the order is made.

29. The heading immediately before

section 184 of

the Act is repealed and the following substituted:

OPERATIONAL SAFETY OFFICERS AND CONSERVATION

OFFICERS

30. Sections 184 to 188 of the Act are repealed and

the following substituted:

Officers

(1) The

federal minister and the provincial minister shall jointly designate an

individual who has been recommended by the board as an operational safety

officer for the purpose of the administration and enforcement of this Part.

(2) The federal minister and the provincial

minister shall jointly designate an individual who has been recommended by the

board as a conservation officer for the purpose of the administration and

enforcement of this Part.

(3) The ministers shall make the designation under

subsections (1) and (2) within 30 days after the day on which they receive the

name of the individual from the board.

(4) The ministers shall, without delay after

making a designation, notify the board, in writing, that the designation has

been made.

(5) Notwithstanding subsections (1) and (2), the

ministers shall not designate an individual where 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 under this

Part.

(6) Where an individual who is recommended by the board

is not designated under subsection (1) or (2), the ministers shall without

delay notify the board in writing.

(7) An individual designated under subsection (1) or

(2) who is not an employee of the board is considered to be an officer for the

purpose of

section 16.

Powers of

officers

(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 a person in charge of a place that is used for a work or

activity in respect of which this Part applies or a place in which that officer

has reasonable grounds to believe that there is anything to which this Part

applies to

(

a) inspect anything in the place;

(

b) pose questions, or conduct tests or

monitoring, in the place;

(

c) take photographs or measurements, or make

recordings or drawings, in the place;

(

d) accompany or assist the officer while the

officer is in the place;

(

e) produce a document or another thing that is in

his or her possession or control, or to prepare and produce a document based on

data or documents that are in his or her possession or control, in the form and

manner that the officer may specify;

(

f) provide, to the best of his or her knowledge,

information relating to a 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) ensure that all or part of the place, or

anything located in the place, that is under his or her control, not be disturbed

for a reasonable period specified by the officer pending the exercise of any

powers under this section; and

(

h) 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.

(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

185.2, enter a place that is used for a work or activity in respect of which

this Part applies or a 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 a computer system in the place, or cause

one 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 copying equipment in the place, or cause

it to be used, to make copies;

(

i) be accompanied while in the place by an

individual, or be assisted while in the place by a person, that the officer considers

necessary; and

(

j) meet in private with an individual in the

place, with the agreement of that individual.

(3) An officer who has entered a place under

subsection (2) may order an individual in the place to do anything described in

paragraphs (1)(

a) to (h).

(4) Anything removed under paragraph (1)(

h) or

(2)(

d) for examination, testing or copying shall, where 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

185.1 An

operational safety officer, the chief safety officer, a conservation officer or

the chief conservation officer 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 a place that is used for a work or activity for which the authorization is

issued.

Entering living

quarters

185.2

(1) Where the place referred to in

subsection 185(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, where on a

marine installation or structure, as defined in paragraph 201.1(1)(l), are in a

structurally sound condition.

(2) The officer shall provide reasonable notice to

the occupant before entering living quarters under subparagraph (1)(b)(ii).

(3) Notwithstanding subparagraph (1)(b)(ii), a

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).

(4) On an application without notice to the owner

or occupant of the living quarters, a

Provincial Court judge 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 conditions specified in the warrant where the judge is satisfied by information

on oath that

(

a) the living quarters are a place referred to in

subsection 185(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.

(5) A warrant issued under subsection (4) may also

authorize a locker described in subsection (3) to be opened, subject to any

conditions specified in the warrant, where 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 the occupant.

(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.

(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 by 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.

(8) In this section, "living quarters"

means sleeping quarters provided for employees, as defined in paragraph 201.1(1)(f),

on a marine installation or structure,

as defined in paragraph 201.1(1)(l), and a room for the exclusive use of the

occupants of those quarters that contains a toilet or a urinal.

Certificate to be

produced

186. 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 a place under the

authority of this Part, the officer shall, if so required, produce the

certificate to the person in charge of the place.

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 185(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 documents, data or information

that are reasonably required for that purpose.

(2) Where the place referred to in subsection

185(2) is a marine installation or structure, 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 and the

usual point of disembarkation on shore, and between marine installations or

structures, where the 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

188. A

person shall not 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.

Warrants

188.1

(1) On

an application without notice to the owner or occupant of a place, a Provincial

Court judge may issue a warrant where the judge is satisfied by information on

oath that there are reasonable grounds to believe that there is in a place

anything that will provide evidence or information relating to the commission

of an offence under this Part.

(2) The warrant may authorize an operational

safety officer, the chief safety officer, a conservation officer or the chief

conservation officer, and another individual named in the warrant, to at any

time enter and search the place and to seize anything specified in the warrant,

or do anything specified in the warrant, or do any of the following as

specified in it, subject to 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 and measurements, make

recordings or drawings, or use systems in the place that captures images.

(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 where the conditions for

obtaining the warrant exist but by reasons of exigent circumstances it would

not be feasible to obtain one.

(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.

(5) An individual authorized under this

section to

search a computer system in a place may

(

a) use or cause to be used a computer system at

the place to search data contained in or available to the computer system;

(

b) reproduce or cause to be reproduced data in

the form of a printout or other intelligible output;

(

c) seize a printout or other output for

examination or copying; and

(

d) use or cause to be used copying equipment at

the place to make copies of the data.

(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).

(7) The person in charge of a marine installation

or structure, as defined in paragraph 201.1(1)(l), 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 a location from which transportation services

to that marine installation or structure are usually provided, and between

marine installations or structures, where the marine installations or

structures are situated in the offshore area; and

(

b) suitable accommodation and food at the marine

installation or structure.

(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

188.2

(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 another place for storage.

(2) The owner of the thing seized under subsection

(1) or the person who is lawfully entitled to possess it shall pay the costs of

storage or removal.

(3) Where 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 a manner the officer considers appropriate and the proceeds realized from

its disposition shall be paid to the Receiver General.

31. Subsections 189(1) to (4) of the Act are

repealed and the following substituted:

Powers of operational

safety officer

(1) Where

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 a portion of the offshore area is likely to

result in serious bodily injury, the operational safety officer or chief safety

officer may order that the operation cease or be continued only in accordance

with the terms of the order.

(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.

(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.

(4) Immediately after an operational safety

officer makes an order under subsection (1), he or she shall advise the chief

safety officer accordingly, and the chief safety officer may modify or revoke

the order.

Section 189.1 of the Act is repealed and the

following substituted:

Priority of

orders

189.1 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.

33. Subsection 189.2(3) of the Act is repealed and

the following substituted:

(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.

Section 190 of the Act is repealed and the

following substituted:

Offences

(1) Every

person is guilty of an offence who

(

a) contravenes this Part or the regulations;

(

b) makes a false entry or statement in a report,

record or document required by this Part or the regulations or by an order made

under this Part or the regulations;

(

c) destroys, mutilates or falsifies a report or

other document required by this Part or the regulations or by an order made

under this Part or the regulations;

(

d) produces petroleum from a pool or field under

the terms of a unit agreement within the meaning of Division II, or an amended

unit agreement, before the unit agreement or amended unit agreement is filed

with the chief conservation officer;

(

e) undertakes or carries on a work or activity

without an authorization under paragraph 134(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.

(2) Every person who is guilty of an offence under

subsection (1) is liable

(

a) on

summary conviction, to a fine not exceeding

$100,000 or to imprisonment for a term not exceeding one year, or to both; or

(

b) on conviction on indictment, to a fine not

exceeding $1,000,000 or to imprisonment for a term not exceeding 5 years, or to

both.

(3) Notwithstanding subsection 149(1), a person

does not commit an offence under subsection 149(1) by reason of committing

waste as defined in paragraph 149(2)(

f) or (

g) unless that person has been

ordered by the committee to take measures to prevent the waste and has failed

to comply.

(4) Where a person establishes that he or she exercised

due diligence to prevent the commission of an offence the person shall not be

found guilty of that offence.

35. The Act is amended by adding immediately after

section 190 the following:

Offence by corporation

190.1

(1) Where

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) another individual exercising managerial or

supervisory functions in the corporation.

(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

190.2 Where

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

of

summary conviction, imprisonment may not be imposed in default of payment of

a fine imposed as punishment.

Orders of court

190.3

(1) Where

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 another punishment that may be imposed under this

Part, make an order that has one or more 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 measures that

the court considers appropriate to avoid injury or damage that may result from

the act or omission that constituted the offence, or to remedy injury or damage

resulting from it;

(

c) directing the offender, at the offender's own

expense, to publish the facts relating to the offence in a manner that the

court directs;

(

d) directing the offender to submit to the chief

safety officer, on application by that officer within 3 years after the conviction,

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 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 a prohibition, direction, requirement or

condition that is specified in the order; and

(

h) requiring the offender to comply with

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.

(2) An order made under subsection (1) comes into

force on the day on which the order is made or on another day that the court

may determine, but shall not continue in force for more than 3 years after that

day.

(3) Where 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

order

190.4

(1) Where

a court has made an order under subsection 190.3(1), in relation to an offender,

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 a 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 a 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 a period that the court considers appropriate, of compliance with a

condition that is specified in the order.

(2) Before making an order under subsection (1),

the court may direct that notice be given to a person that the court considers

to be interested and may hear those persons.

Subsequent applications

with leave

190.5 Where

an application made under

section 190.4 in relation to an offender has been

heard by a court, another application may not be made under that

section in

relation to the offender except with leave of the court.

Recovery of fines

and amounts

190.6 Where

a person is convicted of an offence under this Part and a fine that is imposed

is not paid when required or where a court orders an offender to pay an amount

under subsection 190.3(1) or 190.4(1), the prosecutor may, by filing the

conviction or order, 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 him or her in that court in civil proceedings.

Section 195 of the Act is repealed and the

following substituted:

Limitation period

195. Proceedings

by way of

summary conviction for an offence under this Part shall be commenced

within 3 years from the day on which the subject matter of the proceedings

arose, unless the prosecutor and the defendant otherwise agree.

37. The Act is amended by adding immediately after

section 198 the following:

Information

198.1 In

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 199 of the Act is repealed and the

following substituted:

Regulations

Subject to

section 7, the Lieutenant-Governor in Council may make regulations

consistent with this Part that may be necessary for carrying out the purposes

of this Part, and may make regulations defining and distinguishing more

particularly for the purposes of Divisions I and II the expressions

"oil" and "gas".

39. The Act is amended by adding immediately after

section 201 the following:

PART III.1

OCCUPATIONAL HEALTH AND SAFETY

Interpretation

201.1

(1) In

this Part

(a) "authorization" means an

authorization issued under paragraph 134(1)(b);

(b) "chief safety officer" means the

person designated as the chief safety officer under

section 136;

(c) "committee" means a special

committee or a workplace committee;

(d) "coordinator" means an employee

designated under subsection 201.42(1) to act as an occupational health and

safety coordinator;

(e) "declaration" means a declaration

referred to in subsection 135.1(1);

(f) "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;

(g) "employer" means a person who employs

or contracts for the services of an individual in respect of a work or activity

for which an authorization has been issued that person has the power to

exercise direction and control over the individual's work at the workplace;

(h) "hazardous substance" includes a

controlled product and a 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;

(i) "health and safety officer" means an

occupational health and safety officer or a special officer;

(j) "interest holder" has the same

meaning as in

section 47;

(k) "labour relations board" means the

Labour Relations Board continued under the Labour

Relations Act ;

(l) "marine installation or structure" includes

(

i) a ship, including a ship used for

construction, production or diving or for geotechnical or seismic work,

(ii) an offshore drilling unit, including a mobile

offshore drilling unit,

(iii) a production platform, subsea installation,

pipeline as defined in paragraph 131(e), pumping station, living accommodation,

storage structure or loading or landing platform, and

(iv) other work, or work within a class of works,

prescribed under paragraph (5)(a),

but does not include

(

v) a vessel, including a supply vessel, standby

vessel, shuttle tanker or seismic chase vessel, that provides supply or support

services to a ship, installation, structure, work or anything else described in

subparagraphs (

i) to (iv), unless the vessel is within a class of vessels that

is prescribed under paragraph (5)(b), or

(vi) a ship or vessel within a class of ships or

vessels prescribed under paragraph (5)(c);

(m) " Newfoundland

and Labrador social legislation" means

the following Acts, as those Acts are amended from time to time:

(

i) Communicable

Diseases Act ,

(ii) Food and

Drug Act ,

(iii) Health

and Community Services Act,

(iv) Human

Rights Act ,

(

v) Labour

Standards Act ,

(vi) Public

Safety Act ,

(vii) Radiation

Health and Safety Act, and

(viii) Workplace

Health, Safety and Compensation Act ;

(n) "occupational health and safety

officer" means an individual designated under

section 201.68;

(o) "operator" means a person who holds

an authorization;

(p) "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 an entity in which the person has vested all or a part of his or her

right, title or interest;

(q) "passenger craft" means an aircraft

or vessel used to transport employees to or from a workplace while and immediately

before it is transporting them;

(r) "person" includes individuals,

corporations and partnerships;

(s) "personal protective equipment"

includes personal protective clothing, personal protective devices and personal

protective materials;

(t) "provider of services" means a

person who, for commercial gain, provides services

(

i) 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

(ii) 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 135.2(6), or the services of a

person who provides information or advice, issues a certificate or affixes a

professional seal or stamp;

(u) "provincial minister" means the

minister who is responsible for occupational health and safety in the province;

(v) "special committee" means a special

committee established under

section 201.43;

(w) "special officer" means an

individual designated under

section 201.69;

(x) "supervisor" means an employee who

is in charge of a workplace or part of a workplace or who has authority over

other employees;

(y) "supplier" means a person who, for

commercial gain, manufactures, supplies, sells, leases, distributes or installs

a tool, equipment, machine or device, a biological, chemical or physical agent

or another prescribed thing, to be used at a workplace or on a passenger craft;

(z) "union" means a union or trade union

as defined in the Labour Relations Act

that has the status of a bargaining agent under that Act in respect of a

bargaining unit at a workplace, or an organization representing employees that

has exclusive bargaining rights under another Act of the province in respect of

those employees;

(aa) "workplace" means

(

i) a marine installation or structure where an

employee is employed in connection with a work or activity for which an

authorization has been issued,

(ii) a 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

(iii) a dive site from which, and an 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; and

(bb) "workplace committee" means a

workplace committee established under

section 201.40.

(2) In this Part

(a) "controlled product" has the same

meaning as in

section 2 of the Hazardous

Products Act ( Canada );

and

(b) "hazard symbol", "ingredient

disclosure list", "label" and "material safety data

sheet" have the same meanings as in subsection 11(1) of the Hazardous Products Act ( Canada ).

(3) Subsection 11(2) of the Hazardous Products Act ( Canada ) applies for the purpose of

this Part.

(4) Subject to

section 7 and on the recommendation

of the provincial minister, the Lieutenant-Governor in Council may make regulations

(

a) defining "danger", "dive

site", "diving operation" and "incident" for the purpose

of this Part; and

(

b) amending the definition of " Newfoundland and Labrador

social legislation" in subsection (1) to add

an Act of the Legislature of

the Province or remove

an Act from the definition.

(5) Subject to

section 7 and on the recommendation

of the provincial minister, the Lieutenant-Governor in Council may make regulations

prescribing

(

a) a work or a class of works for the purpose of

subparagraph (1)(l)(iv);

(

b) a class of vessels for the purpose of

subparagraph (1)(l)(v); and

(

c) a class of ships or vessels for the purpose of

subparagraph (1)(l)(vi).

(6) For the purpose of sections 201.4 and 201.5,

an employee is considered to be at a workplace within the offshore area both

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.

Crown bound

201.2 This

Part is binding on the Crown in right of Canada or the province.

Application

201.3

(1) This

Part applies to and in respect of a workplace that is situated within the

offshore area for the purpose of the exploration or drilling for, or the

production, conservation or processing of, petroleum within the offshore area.

(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.

Application of Newfoundland and Labrador

social legislation

201.4

(1) Newfoundland

and Labrador social legislation and regulations made under it apply to and in

respect of a workplace that is situated within the offshore area for the purpose

of the exploration or drilling for, or the production, conservation or

processing of, petroleum within the offshore area.

(2) In the event of an inconsistency or conflict

between the provisions of this Act, or regulations made under it, and the provisions

of Newfoundland and Labrador social legislation or 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

201.5 Notwithstanding

section 4 of the Canada Labour Code and other

Acts of Parliament, the provisions of the Labour Relations Act and

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) a 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 an 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.

Purpose

201.6

(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.

(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

201.7

(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.

(2) The imposition of a specific obligation

under this Part shall not be construed as limiting the generality of another

obligation under this Part.

Operator's duty

to establish occupational health and safety policy

201.8

(1) An

operator shall develop an occupational health and safety policy governing its

workplaces.

(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 the

operator's workplaces related to occupational health and safety; and

(

c) other prescribed requirements.

(3) The operator shall review the policy at least

every 3 years in consultation with each workplace committee that it establishes

and with each employer at the operator's workplaces.

Operator's duty

to take reasonable measures

201.9 An

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

of operator - workplace

201.10 An

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 installations, facilities,

equipment and materials 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 an 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 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 an authorization related to

that workplace that is issued to the operator, and those undertaken in the

declaration related to the authorization, and report instances of failure to

comply with those requirements to the operator;

(

n) inform the relevant interest holders of the

occupational health and safety requirements of an authorization related to that

workplace that is issued to the operator, and those undertaken in the

declaration related to the authorization, and of a failure to comply with those

requirements;

(

o) ensure that members of the 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 subparagraphs 201.1(1)(aa)(

i) and (ii) 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 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 of

operator - passenger craft

201.11

(1) An

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 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 purpose of subsection 201.51(2).

(2) An operator shall ensure that the passenger

craft going to or from any of its workplaces

(

a) meets the requirements of

an 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 equipment, devices and

materials necessary to ensure the health and safety of the employees and other

passengers, including any that are prescribed.

(3) An operator shall ensure that all employees

and other passengers on the passenger craft going to or from any of its

workplaces are provided with

(

a) personal protective equipment necessary to

ensure their health and safety, including any that is prescribed; and

(

b) the information and training, including any

that is 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 - operator

201.12

(1) An

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 purpose 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.

(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 prescribed risks, and procedures for

(

i) the ongoing and systematic identification and

reporting of hazards,

(ii) the assessment of risks associated with

identified hazards, and

(iii) the implementation of hazard control measures;

(

b) the role of a 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).

(3) The operator shall review the system at least

every 3 years in consultation with each workplace committee that it

establishes.

(4) Where the regulations establish requirements in

respect of anything described in paragraphs (2)(

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

Operator's code

of practice

201.13

(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 a work or activity

carried out at any of its workplaces; or

(

b) the transportation of employees to or from any

of its workplaces.

(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.

Accidents and

occupational diseases

201.14

(1) An

operator shall, as soon as it becomes known to the operator, notify the chief

safety officer of

(

a) an occupational disease at any of its

workplaces; or

(

b) an 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.

(2) An operator shall investigate an occupational

disease, or an 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.

(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 a special committee established for any of

its workplaces, a written report for the immediately preceding calendar year,

in a form determined by that officer.

(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.

(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 his or her regular

work on a day subsequent to the day on which the injury occurred, whether or

not that subsequent day is a working day for him or her.

Employer's duty

to take reasonable measures

201.15 An

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

of employers

201.16

(1) An

employer shall, in respect of each workplace under its control, and in respect

of an activity performed by 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 another employer at the workplace who may be

affected by that undertaking;

(

b) ensure that the operators occupational health

and safety management system is complied with and carry out 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 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 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 compliance with the occupational health

and safety requirements of an authorization related to the workplace;

(

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 an

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 a 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 subparagraphs 201.1(1)(aa)(

i) and (ii) 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.

(2) An employee who, with the approval of his or

her 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 he or she been working.

Occupational

health and safety program - employer

201.17

(1) For

the purpose of implementing the operator's occupational health and safety

policy, an employer shall, in consultation with the workplace committee, develop,

implement and maintain, in respect of each workplace under the employers control,

an occupational health and safety program that fosters a culture of workplace

safety, where

(a) 5 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 that program is

prescribed.

(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).

(3) Where the regulations establish requirements in

respect of anything described in paragraphs (2)(

a) to ( i ), the

program shall meet the requirements of those regulations.

Employer's code

of practice

201.18

(1) The

chief safety officer may, in writing, require an employer to establish, in

respect of a workplace under the employers control or a 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 that workplace, work or activity, a code

of practice in respect of occupational health and safety that is specified by

the chief safety officer.

(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 employers- hazardous materials

201.19

Subject to exceptions that are prescribed, an employer shall, in respect of

a workplace under its control, and in respect of an activity performed by 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 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 (Canada), 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 (Canada), 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) where the controlled product is a pure substance,

its chemical identity, and where it is not a pure substance, the chemical identity

of its ingredients that are a controlled product and the concentration of that

ingredient,

(ii) where 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 an 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 an ingredient of the

controlled product whose toxicological properties are not known to the employer

and the concentration of that ingredient, and

(

v) other information that is prescribed with

respect to the controlled product;

(

f) where 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; 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

201.20

(1) An

employer shall, in respect of a workplace under its control, and in respect of

an activity performed by its employees at a workplace that is not under its

control, to the extent that it controls the activity, provide, in respect of a

controlled product to which an employee may be exposed, as soon as the

circumstances permit, information referred to in paragraph 201.19(

e) that is in

the employer's possession to a physician, or other prescribed medical

professional, who requests that information for the purpose of making a medical

diagnosis of, or rendering medical treatment to, an employee in an emergency.

(2) A physician or other prescribed medical

professional to whom an employer provides information under subsection

(1) shall only use the information for the purpose for which it is provided and

shall keep confidential the information that the employer specifies as being

confidential.

Supervisor's duty

to take reasonable measures

201.21 A

supervisor shall take all reasonable measures to ensure the health and safety

of employees and other individuals that he or she supervises at a workplace.

Specific duties

of supervisor

201.22 A

supervisor shall

(

a) ensure that the employees that he or she supervises

comply with the provisions of this Part and the regulations made under this

Part;

(

b) inform his or her employer and each of those

employees of known or foreseeable health or safety hazards;

(

c) where required to do so by his or her 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 his or her employer a 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 an

authorization related to the workplace that is issued to the operator.

Employee's duty

to take reasonable measures

201.23 An

employee at a workplace or on a passenger craft shall take all reasonable measures

to protect his or her own health and safety and that of other individuals at

the workplace or on the passenger craft.

Specific duties of

employee-workplace

201.24 An

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 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 his or her employer

given for the purpose of ensuring occupational health and safety; and

(

g) report to his or her 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

of employee-passenger craft

201.25 An

employee shall

(

a) while, and immediately before, being

transported on a passenger craft, cooperate with the individual providing him

or her with information and instruction on behalf of the operator, with his or

her employer and with an 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

201.26 An

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 not personally liable for an injury or

damage that may result from it, unless the injury or damage is a result of the

employees gross negligence or wilful misconduct.

Supplier's duty

to take reasonable measures

201.27 A

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

of supplier

201.28 A

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) where there is an obligation in an agreement for

the supplier to maintain the thing in safe condition, that it complies with

that obligation.

Provider of services'

duty to take

reasonable

measures

201.29 A

provider of services shall take all reasonable measures to ensure that an individual

at a workplace or on a passenger craft is not endangered as a result of the

services that it provides in connection with the workplace or passenger craft.

Specific duties

of provider of services

201.30 A

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 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 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 an operator, employer, employee, supplier or owner, or another 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 the occupational health

and safety requirements of the authorization or those undertaken in the

declaration related to the authorization.

Duty of owner

201.31 An

owner shall take all reasonable measures to ensure that a workplace in respect

of which he or she is 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 compliance with the provisions of this

Part and the regulations made under this Part, and the occupational health and

safety requirements of an 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.

Duty of interest

holder

201.32 An

interest holder shall take all reasonable measures to ensure that the operator

for a workplace in a 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 an 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.

Duties of

directors and officers

201.33

(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.

(2) Every director and every officer of a corporation

that is a supplier or provider of services shall take all reasonable measures

to ensure that the corporation complies with sections 201.27 to 201.30.

(3) Every director and every officer of a corporation

shall, where the corporation has duties under

section 201.32, take all reasonable

measures to ensure that the corporation complies with that section.

Communication of

information -operator

201.34

(1) An

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 committees

established by the operator for that workplace, the members contact information

and the minutes of the most recent meeting of those committees.

(2) An 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

operators occupational health and safety management system;

(

c) a code of practice required by the chief

safety officer under

section 201.13 to be established or adopted by the

operator for that workplace;

(

d) a code of practice required by the chief

safety officer under

section 201.18 to be established or adopted by an employer

at that workplace;

(

e) information relating to the equipment, methods,

measures, standards or other things permitted to be used at the workplace under

a permission granted under

section 201.66, 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 a permission granted to the operator

under

section 201.67, conditions placed on the use of that equipment or those

methods, measures, standards or other things and the duration of the

permission.

(3) An operator shall, at the request of an employee

or employer at any of the operators workplaces or by a 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.

(4) An operator shall provide to a committee

established for any of its workplaces, or to an employer or employee at any of

those workplaces, in printed or electronic form, within 7 days after the day on

which an occupational health and safety officer requires it, information that

enables employees to become acquainted with their rights and responsibilities

under this Part as the officer may require.

(5) An obligation imposed on an operator under

subsection (1) is satisfied where the operator provides a copy of the

information or document to each employee at the workplace.

Communication of

information -employer

201.35

(1) An

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.

(2) An 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) a code of practice required by the chief

safety officer under

section 201.18 to be established or adopted by the

employer for the workplace.

(3) An employer shall make available to the board,

where required by an occupational health and safety officer, and to 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, material or information referred to in subsections 201.34(3)

and (4).

(4) An obligation imposed on an employer under

subsection (1) is satisfied where the employer provides a copy of the

information or document to each of its employees at the workplace.

Chief safety

officer information

201.36

(1) An

operator shall communicate to employees at a workplace and the workplace

committee 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.

(2) An employer shall communicate to its employees

at a workplace 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

201.37

(1) An

operator and an employer shall immediately after preparing or being provided

with a report respecting anything inspected, tested or monitored under this

Part at the operators workplace or at a workplace under the employers control

including a report under

section 201.71, notify all committees established for

the workplace of the report and, subject to

section 201.38, within 7 days after

the day on which a request is received from any of those committees, shall

provide that committee with a copy of it.

(2) An operator shall make available to an employee

at the workplace, and the employer shall make available to its employees at the

workplace, on request, a copy of a report that has been provided to a committee

established for the workplace.

Editing of

reports

201.38

(1) Where

a report referred to in subsection 201.37(1) contains a trade secret, the operator

or employer may edit the report to protect the trade secret.

(2) Where a report referred to in subsection 201.37(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 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.

(3) The edited report shall be provided to the

committee within 21 days after the day on which the committees request is

received.

Response to

request for information

201.39

(1) An

operator who receives from a committee established for any of its workplaces or

an employee at any of its workplaces, a written request for information related

to occupational health and safety, other than a request for a report referred

to in subsection 201.37(1), shall provide a written response to the request

within 21 days after the day on which it is received.

(2) An employer who receives from a special

committee it has established or any of its employees a written request for

information related to occupational health and safety, other than a request for

a report referred to in subsection 201.37(1), shall provide a written response

to the request within 21 days after the day on which it is received.

(3) Notwithstanding subsections (1) and (2), where

the request is made by a special committee, the operator or employer is

required to respond only where the information is necessary for the particular

purpose for which the committee was established.

(4) Subsections 201.44(3) to (8) apply to the

request with modifications that the circumstances require.

Establishment, functions

and duties of workplace committee

201.40

(1) An

operator shall establish one workplace committee for each of its workplaces,

other than a workplace established for 6 months or less, for purposes related

to occupational health and safety.

(2) Notwithstanding subsection (1), the chief

safety officer may authorize an operator to establish a single workplace

committee in respect of 2 or more workplaces where the chief safety officer is

satisfied that the circumstances warrant it.

(3) An occupational health and safety committee

described in subsection 201.42(1) is considered 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.

(4) A workplace committee shall

(

a) receive, consider, investigate where necessary

and promptly dispose of matters and complaints related to occupational health

and safety;

(

b) participate in inspections referred to in

paragraphs 201.10(

q) and 201.16(1)( p ), in the investigation of a matter

under paragraph 201.19(

f) and

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

section 201.46 or subsection 201.47(8) or 201.51(8), and, at the discretion of

a health and safety officer, participate in the officers 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 a 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 a person within a

class of persons that is prescribed; and

(

e) perform 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 employers and employees, or the union representing

them, at the workplace.

(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

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 a supplier, owner or provider of services that carries

out duties or functions under this Part; and

(

e) participate in the activities described in

subsection 201.76(1).

(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 him or her in good faith while carrying out his or her duties or

functions.

Workplace committee

201.41

(1) A

workplace committee consists of a number of individuals that may be agreed to

by the operator and the employees at the workplace or the unions representing

them.

(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 and 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.

(3) A workplace committee shall meet at least once

every month, or more frequently where the chief safety officer requires it.

(4) An employee who is a member of a workplace

committee is entitled to any time off from work that is necessary to enable him

or her to fulfil his or her duties and functions as a member of the committee,

including time off to take training and 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 he or she worked for that

time.

(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.

(6) A workplace committee shall be co-chaired by 2

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.

(7) Where there is disagreement as to the size of

a workplace committee, the selection of members or another 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.

(8) A determination by the chief safety officer is

final and binding and not subject to review or appeal.

Occupational

health and safety coordinator

201.42

(1) Where

an operator establishes a workplace for 6 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 201.41(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.

(2) The coordinator shall

(

a) receive, consider, investigate where necessary

and promptly dispose of matters and complaints related to occupational health

and safety;

(

b) assist his or her employer in carrying out the

employers duties under paragraph 201.19( 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 a person within a class of persons that

is prescribed; and

(

d) perform other duties that are assigned to him

or her by the chief safety officer.

(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 a supplier, owner or provider

of services that has duties or functions under this Part.

(4) The operator shall

(

a) ensure that the coordinator is informed of his

or her 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 him or her to fulfil his or her 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 coordinators contact

information.

(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.

(6) An individual who serves as a coordinator is

not personally liable for anything done or omitted to be done by him or her in good

faith while carrying out his or her duties or functions.

(7) An employee who is a coordinator is entitled

to any time off from work that is necessary to enable him or her to fulfil his

or her duties and functions as a coordinator, including time off to take

training and 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 he or she worked for that time.

Special

committees

201.43

(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.

(2) The chief safety officer may, after consultation

with an employer having control over a workplace, the operator, and the employers

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.

(3) The order shall set out the mandate, duties

and functions of the special committee and the responsibilities of the operator

or employer.

(4) The operator or employee shall establish the

special committee within 15 days of the receipt of the order.

(5) Paragraphs 201.40(5)(

b) and (

d) and subsections 201.40(6) and 201.41(1)

to (8) apply, with any modifications that the circumstances require, in respect

of a special committee.

Response to recommendations

of committee

201.44

(1) Subject

to subsections (4), (6) and (7), an operator or employer who receives

recommendations from a committee established for any of the operators workplaces

or for a workplace under the employers control, 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.

(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.

(3) Where it is not possible to provide a response

within 21 days, the operator or employer 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.

(4) Unless the committee notifies the operator or

employer 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.

(5) Where 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.

(6) Where 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 that the operator or employer is to provide the response by the date

indicated and the operator or employer shall provide the response by that date.

(7) Where 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 of that date

and the operator or employer shall provide the response by that date.

(8) Where the committee has not been provided with

a response to its recommendations within the period required or where it considers

that the response is not satisfactory, it shall inform an occupational health

and safety officer of the matter.

Workplace monitoring

201.45

(1) A

workplace committee may choose an employee at the workplace to observe

(

a) the set-up of, or 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.

(2) An employer who conducts an activity described

in paragraph (1)(

a) or (

b) at the workplace, and the operator

where the operator conducts that activity, shall permit the observer to observe

the activity.

(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.

(4) When an operator or an employer monitors

health and safety conditions at a workplace, the following requirements apply:

(

a) where an employer is carrying out the monitoring,

the employer shall give reasonable notice to the operator to enable the

operator to comply with paragraph (b);

(

b) where an operator is carrying out the monitoring

or is notified under paragraph (a), the operator shall give reasonable notice

of the commencement of monitoring to all employers at the workplace;

(

c) the operator or the employer carrying out the

monitoring shall give reasonable notice of the commencement of monitoring to

the observer, and shall provide the observer with access to the workplace for

the purpose of observing the monitoring; and

(

d) the operator or employer carrying out the

monitoring shall, at the request of the observer, explain the monitoring process

to the observer.

(5) Monitoring may be carried out on the order of

a health and safety officer under

section 201.70 even where the notices

referred to in paragraphs (4)(

a) to (

c) have not been given.

(6) An employee acting as an observer shall be

paid the same wages and granted the same benefits that the employee would have

received had he or she worked for that time.

Reporting of occupational

health and safety concerns

201.46

(1) An

employee who has reasonable cause to believe that a provision of this Part or

of the regulations made under this Part has been contravened or that there is

likely to be an accident or injury arising out of, linked to or occurring in

the course of employment shall report his or her concern to his or her supervisor.

(2) The employee and the supervisor shall try to

resolve the employees concern between themselves as soon as possible.

(3) Where the employees concern is not resolved, he

or she may notify his or her employer, and when so notified the employer shall

in turn notify the workplace committee or the coordinator and the operator.

(4) Where the employees concern is not resolved after

he or she notifies his or her employer, the employee may notify a health and

safety officer.

Right to refuse

201.47

(1) An

employee may refuse to perform an activity at a workplace where he or she has

reasonable cause to believe that the performance of the activity constitutes a

danger to himself or herself or another individual.

(2) Notwithstanding subsection (1), an employee is

not permitted to refuse to perform an activity where the refusal puts the life,

health or safety of another individual directly in danger.

(3) An employee who refuses to perform an activity

shall immediately report the circumstances of the matter to his or her supervisor.

(4) The supervisor shall immediately take action

to try to resolve the matter and where the supervisor

(

a) believes that a danger exists, he or she shall

also immediately take any action that is necessary to protect any individu