1

 

 

Second Session, 47th General Assembly

62 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


        1.   S.2 Amdt.
Definitions

        2.   S.5 Amdt.
Regulations re offshore

        3.   S.6 Amdt.
Disputes between neighbouring provinces

        4.   S.7 R&S
Approval of federal minister before making of regulations

        5.   S.26.1 Added
Audit and evaluation committee

        6.   S.29 Amdt.
Annual report

        7.   Ss.29.1 & 29.2 Added
29.1 Regulations
29.2 Remittance of fees and
        charges

        8.   S.41 Amdt.
Regional security of supply

        9.   S.42 Amdt.
Ministerial directives

      10.   S.45 Amdt.
Canada-Newfoundland and Labrador benefits plan

      11.   S.46 Amdt.
Coordination

      12.   S.63 R&S
Regulations

      13.   S.66 Amdt.
Terms, conditions and regulations

      14.   S.97 Amdt.
Interpretation

      15.   S.107 R&S
Registration is considered notice  

      16.   S.114 R&S
Regulations

      17.   S.119 Amdt.
Notice to comply

      18.   S.121 Amdt.
Regulations

      19.   S.134 Amdt.
Licences and authorizations

      20.   S.135.1 Amdt.
Declaration by applicant and board

      21.   Ss.136 & 136.1 R&S
136.   Designation
136.1 Orders

      22.   S.146 Amdt.
Equivalent standards

      23.   S.155 Amdt.
Definitions re petroleum spills

      24.   S.156 Amdt.
Spills prohibited

      25.   S.157 Amdt.
Recovery of loss, etc.

      26.   S.163 Amdt.
Voluntary pooling

      27.   S.168 Amdt.
Unitization

      28.   S.173 Amdt.
Effective date of unitization order

      29.   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

      31.   S.189 Amdt.
Powers of operational safety officer

      32.   S.189.1 R&S
Priority of orders

      33.   S.189.2 Amdt.
Installation manager

      34.   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

      36.   S.195 R&S
Limitation period

      37.   S.198.1 Added
Information

      38.   S.199 R&S
Regulations

      39.   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

      40.   S.207 R&S
Agreements under federal Act

      41.   RSNL1990 cL-1
Amdt.

      42.   RSNL1990 cW-11
Amdt.

      43.   Commencement

 

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

RSNL1990 cC-2
as amended

        1. (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 memorandum of agreement between the Government of Canada and the government of 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

        5. (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

        6. (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, or

                     (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.

 

        4. Section 7 of the Act is repealed and the following substituted:

Approval of federal minister before making of regulations

        7. (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;

 

      12. Section 63 of the Act is repealed and the following substituted:

Regulations

      63. Subject to 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 terms and conditions and criteria and manner to be specified in the call.

 

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

             (2)  Subject to section 7, the Lieutenant-Governor in Council may make regulations prescribing terms and conditions required to be 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;

 

      15. 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.

 

      16. Section 114 of the Act is repealed and the following substituted:

Regulations

   114. Subject to 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

   119. (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

   121. (1) Subject to 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

   136. (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

   155. (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 into a pooling agreement on the terms and conditions that it considers 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 binding on the Crown, on the terms and conditions that it considers advisable, and the regulations under this Part or Part II or the Federal Real Property and Federal Immovables Act (Canada) that may be in conflict with the terms and conditions of the unit agreement stand varied 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

   173. (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

   184. (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

   185. (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

   187. (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

   189. (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.

 

      32. 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.

 

      34. Section 190 of the Act is repealed and the following substituted:

Offences

   190. (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.

 

      36. 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.

 

      38. Section 199 of the Act is repealed and the following substituted:

Regulations

   199. 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 operator’s 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 employer’s 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 employer’s 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 employee’s 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 operator’s 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 operator’s 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 operator’s workplace or at a workplace under the employer’s 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 committee’s 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 officer’s activities that pertain to occupational diseases and to accidents, incidents and other hazardous occurrences;

             (c)  maintain records in a form and manner approved by the chief safety officer, and provide a copy of those records, on request, to a health and safety officer, or to 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 employer’s 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 coordinator’s 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 employer’s employees at the workplace or the union representing them, order the employer to establish a special committee for that workplace for particular purposes related to occupational health and safety.

             (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 operator’s workplaces or for a workplace under the employer’s 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 employee’s concern between themselves as soon as possible.

             (3)  Where the employee’s 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 employee’s 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 individual from the danger and to inform the workplace committee or the coordinator, the operator and the employee’s employer of the matter; or

             (b)  does not believe that a danger exists, he or she shall so notify the employee.

             (5)  Where the employee continues to refuse to perform the activity, he or she shall immediately notify his or her employer and the workplace committee or the coordinator, and the employer shall in turn notify the operator and any provider of services that is providing services related to the placement of that employee.

             (6)  Immediately after being notified under subsection (5), the operator shall notify an occupational health and safety officer of the continued refusal of the employee to perform the activity and of remedial action taken.

             (7)  The workplace committee or the coordinator may make recommendations that it considers appropriate to the employee, the employee’s employer, the operator and any provider of services that is providing services related to the placement of that employee.

             (8)  The occupational health and safety officer shall, where the employee continues to refuse to perform the activity, inquire into the matter, taking into account the recommendations, if any, made by the workplace committee or the coordinator, and the officer shall give to the employee, the employee’s employer, the operator and any provider of services that is providing services related to the placement of that employee, and to the workplace committee or the coordinator a written notification of his or her decision on the matter.

             (9)  Where the occupational health and safety officer decides that the performance of the activity constitutes a danger to the employee or another individual, the officer shall make an order under subsection 201.90(1) or (2) that the officer considers appropriate, and the employee may continue to refuse to perform the activity until the order is complied with or until it is varied or revoked under this Part.

           (10)  Where the occupational health and safety officer decides that the performance of the activity does not constitute a danger to the employee or another individual, or that the refusal puts the life, health or safety of another individual directly in danger, the employee is not entitled under this section to continue to refuse to perform the activity.

Opportunity to explain reasons for refusal

201.48          (1) An employee who refuses under section 201.47 to perform an activity may accompany an occupational health and safety officer when the officer is inquiring into the matter under subsection 201.47(8), for the purpose of explaining the reasons for the employee’s refusal.

             (2)  An employee who, under subsection (1), accompanies an occupational health and safety officer shall, during that time, be paid the same wages and granted the same benefits that the employee would have received if he or she had not exercised his or her right to refuse.

Assignment of equivalent work

201.49          (1) Subject to an applicable collective agreement or other agreement, where an employee refuses under section 201.47 to perform an activity, the employer may assign reasonably equivalent work to the employee until the employee, by virtue of subsection 201.47(9) or (10), is no longer permitted to refuse to perform the activity.

             (2)  Where the employee is assigned reasonably equivalent work, the employer, or the provider of services that is providing services related to the placement of the employee, shall pay him or her the same wages and grant him or her the same benefits that he or she would have received had he or she not refused to perform the activity.

             (3)  Where the employee is not assigned reasonably equivalent work, the employer, or the provider of services that is providing services related to the placement of the employee shall, until the employee, by virtue of subsection 201.47(9) or (10) is no longer permitted to refuse to perform the activity, pay the employee the same wages and grant the employee the same benefits that he or she would have received had he or she not refused to perform the activity.

             (4)  Subject to an applicable collective agreement or other agreement, where the employee refuses an assignment of reasonably equivalent work, he or she is not entitled to receive any wages or benefits.

             (5)  For as long as the employee continues to exercise his or her right to refuse to perform an activity, another employee shall not be assigned to perform the activity unless the employer has advised that other employee of the refusal, the reasons for the refusal and the right of that other employee to refuse to perform the activity.

             (6)  Subject to an applicable collective agreement or other agreement, the employer, or the provider of services that is providing services related to the placement of the employee may require repayment of any wages and benefits received by an employee under subsection (3) where the labour relations board determines in respect of an application made under section 201.60, after all avenues of redress have been exhausted by the employee, that the employee received the wages and benefits knowing that no circumstances existed that would warrant the refusal.

Compensation or equivalent work for other employees

201.50          (1) Subject to an applicable collective agreement or other agreement, an employee at a workplace who is affected by a work stoppage arising from a refusal by another employee to perform an activity shall be paid the same wages and granted the same benefits that he or she would have received had no work stoppage occurred, until work resumes or until he or she returns to his or her usual point of disembarkation on shore, whichever event occurs first.

             (2)  Subject to an applicable collective agreement or other agreement, an employer may assign reasonably equivalent work to an employee who is affected by a work stoppage at the same wages and benefits that the employee would have received if no work stoppage had occurred.

Refusal to be transported

201.51          (1) An employee may refuse to be transported on a passenger craft if he or she has reasonable cause to believe that being transported on it constitutes a danger to him or her.

             (2)  An employee who refuses to be transported on a passenger craft shall use the contact information provided under paragraph 201.11(1)(b) to immediately report the circumstances of the matter.

             (3)  On being notified of a refusal under subsection (2), the operator shall immediately notify the chief safety officer unless the chief safety officer has provided other contact information for the purpose of this subsection, in which case the operator shall use that contact information to make the notification.

             (4)  For as long as the employee continues to exercise his or her right to refuse to be transported on the passenger craft, or for a longer period specified by the chief safety officer, the operator shall notify all other employees and other passengers to be transported on the passenger craft, before they are transported, of the refusal, the reasons for the refusal and the right of employees to refuse to be transported.

             (5)  The operator shall immediately take action to try to resolve the matter and where the operator

             (a)  believes that the transportation constitutes a danger to the employee, it shall immediately take remedial action that is necessary and inform the workplace committee established for the workplace to or from which the employee was to be transported, and an occupational health and safety officer, of the matter; or

             (b)  does not believe that the transportation constitutes a danger to the employee, it shall so notify the employee.

             (6)  Where the employee continues to refuse to be transported, the operator shall immediately notify the workplace committee, the employee’s employer and an occupational health and safety officer of the continued refusal of the employee to be transported and of any remedial action taken and the employer shall in turn notify any provider of services that is providing services related to the placement of that employee.

             (7)  The workplace committee may make recommendations to the employee and the operator that it considers appropriate.

             (8)  The occupational health and safety officer shall, where the employee continues to refuse to be transported, inquire into the matter, taking into account recommendations made by the workplace committee.

             (9)  The occupational health and safety officer shall decide whether the transportation constitutes a danger to the employee, and shall give to the employee, the employee’s employer, the operator and the workplace committee a written notification of the decision and the employer shall in turn notify a provider of services that is providing services related to the placement of that employee.

           (10)  Where the occupational health and safety officer decides that the transportation constitutes a danger to the employee, the officer shall make an order under subsection 201.90(1) or (2) that he or she considers appropriate, and an employee may continue to refuse to be transported until the order is complied with or until it is varied or revoked under this Part.

           (11)  Where the occupational health and safety officer decides that the transportation does not constitute a danger to the employee, the employee is not entitled to continue to refuse to be transported.

Assignment of equivalent work

201.52          (1) Subject to an applicable collective agreement or other agreement, where an employee refuses under section 201.51 to be transported, the employer may assign reasonably equivalent work to the employee until the employee, by virtue of subsection 201.51(10) or (11), is no longer permitted to refuse to be transported.

             (2)  Where the employee is assigned reasonably equivalent work, the employer, or the provider of services that is providing services related to the placement of the employee, shall pay him or her the same wages and grant him or her the same benefits that he or she would have received had he or she not refused to be transported.

             (3)  Where an employee is not been assigned reasonably equivalent work, the employer or the provider of services that is providing services related to the placement of the employee shall, until the employee, by virtue of subsection 201.51(10) or (11), is no longer permitted to refuse to be transported, pay the employee the same wages and grant the employee the same benefits that he or she would have received had he or she not refused to be transported.

             (4)  Subject to an applicable collective agreement or other agreement, where the employee refuses an assignment of reasonably equivalent work, he or she is not entitled to receive any wages or benefits.

             (5)  Subject to an applicable collective agreement or other agreement, the employer, or the provider of services that is providing services related to the placement of the employee, may require repayment of any wages and benefits received by an employee under subsection (3) where the labour relations board determines in respect of an application made under section 201.60, after all avenues of redress have been exhausted by the employee, that the employee received the wages and benefits knowing that no circumstances existed that would warrant the refusal.

Pregnant or nursing employees

201.53          (1) Without prejudice to the rights conferred by section 201.47 and subject to this section, an employee who is pregnant or nursing may cease to perform her job if she believes that, by reason of the pregnancy or nursing, continuing any of the functions connected with her regular work may pose a risk to her health or to that of her foetus or child.

             (2)  On being informed of the cessation, the employer, with the written consent of the employee, shall notify the workplace committee established for the employee’s workplace or the coordinator.

             (3)  The employee shall provide to her employer, and a provider of services that is providing services related to her placement, as soon as possible, a certificate of a medical practitioner of her choice who is entitled to practise medicine under the laws of a province

             (a)  certifying that continuing any of the functions connected with her regular work poses a risk to her health or to that of her foetus or child and indicating the expected duration of the risk and the activities or conditions to avoid in order to eliminate the risk; or

             (b)  certifying that continuing the functions connected with her regular work does not pose a risk to her health or to that of her foetus or child.

             (4)  Without prejudice to another right conferred by this Part, by a collective agreement, by another agreement or by terms and conditions of employment, once the medical practitioner has established that there is not a risk as described in subsection (1), the employee is no longer permitted to cease to perform her job under that subsection.

             (5)  For the period during which the employee does not perform her job under subsection (1), the employer may, in consultation with the employee, reassign her to another job that would not pose a risk to her health or to that of her foetus or child.

             (6)  Whether or not the employee has been reassigned to another job, she is considered to continue to hold the job that she held at the time she ceased to perform her job and is to continue to receive the wages and benefits that are attached to that job for the period during which she does not perform the job.

Reassignment and job modification

201.54          (1) An employee who is pregnant or nursing may, during the period from the beginning of the pregnancy to the end of the twenty-fourth week following the birth, request that the employer modify the functions connected with her regular work or reassign her to another job if, by reason of the pregnancy or nursing, continuing any of those functions may pose a risk to her health or to that of her foetus or child.

             (2)  The employee's request shall be accompanied by a certificate described in paragraph 201.53(3)(a).

Employer's obligations and rights of employees

201.55          (1) An employer to whom a request has been made under subsection 201.54(1) shall examine the request in consultation with the employee and, where feasible, shall modify the functions connected with her regular work or shall reassign her and shall notify a provider of services that is providing services related to the placement of that employee that the request has been made.

             (2)  An employee who has made a request under subsection 201.54(1) is entitled to continue in her current job while the employer examines her request, but, if the risk posed by continuing any of the functions connected with her regular work so requires, she is entitled to and shall be granted a leave of absence with the same wages and benefits payable by the employer or a provider of services that is providing services related to the placement of that employee, that she would have received had she not been on leave of absence until the employer

             (a)  modifies the functions connected with her regular work or reassigns her; or

             (b)  informs her in writing that it is not feasible to modify the functions connected with her regular work or to reassign her.

             (3)  The onus is on the employer to show that a modification of the functions connected with the employee's regular work or a reassignment that would avoid the activities or conditions indicated in the medical certificate is not feasible.

             (4)  Where the employer concludes that a modification of the functions connected with the employee's regular work or a reassignment that would avoid the activities or conditions indicated in the medical certificate is not feasible, the employer shall so inform her in writing.

             (5)  Where the functions connected with the employee’s regular work are modified or the employee is reassigned, the employee is considered to continue to hold the job that she held at the time of making the request under subsection 201.54(1), and shall continue to receive the wages and benefits that are attached to that job.

             (6)  An employee referred to in subsection (4) is entitled to and shall be granted a leave of absence for the duration of the risk as indicated in the medical certificate.

Reprisal action

201.56          (1) In this section and in sections 201.57 and 201.59, "reprisal action" means an action that

             (a)  adversely affects an employee with respect to his or her terms or conditions of employment or an opportunity for employment or promotion, including dismissal, lay-off, suspension, demotion, transfer of job or location, discontinuation or elimination of the job, change in hours of work, reduction in wages or benefits, coercion, intimidation or the imposition of a disciplinary sanction, reprimand or other penalty; and

             (b)  is taken, in whole or in part, because the employee has acted in accordance with the provisions of this Part or of the regulations made under this Part or with a decision or order made under any of those provisions or has taken steps to ensure that those provisions are complied with.

             (2)  An operator, employer, provider of services or union shall not take, or threaten to take, reprisal action against an employee.

             (3)  Without limiting the generality of subsection (2), actions referred to in paragraph (1)(a) cannot be taken against an employee for

             (a)  seeking to establish a committee, participating in the establishment or work of a committee or acting as a member of a committee or as a coordinator;

             (b)  acting as an observer under section 201.45;

             (c)  making a report under section 201.46;

             (d)  refusing to perform an activity under section 201.47, refusing to be transported under section 201.51 or ceasing to perform a job under section 201.53;

             (e)  requesting the employer under section 201.54 to modify the functions connected with the employee’s regular work or to reassign the employee;

              (f)  seeking access to information to which the employee is entitled under this Part;

             (g)  testifying in a proceeding or inquiry under this Part; or

             (h)  giving information in accordance with the provisions of this Part or of the regulations made under this Part or with a decision or order made under any of those provisions to a committee, a coordinator, a health and safety officer or another person having duties or functions under this Part, or under Part III as it relates to safety.

             (4)  Notwithstanding paragraph (3)(d), an action referred to in paragraph (1)(a) may be taken against an employee who has exercised rights under section 201.47 or 201.51 after all avenues of redress have been exhausted by the employee, where the operator, employer, provider of services or union taking the action can demonstrate that the employee has wilfully abused those rights.

             (5)  The operator, employer, provider of services or union shall provide the employee with written reasons for an action taken under subsection (4) within 15 days after the day on which a request is received from the employee to do so.

Application by employee

201.57          (1) An employee may, either personally or through a representative, apply to the labour relations board for a decision as to whether

             (a)  an employer or provider of services has failed to pay wages or grant benefits to the employee that are required under subsection 201.16(2), 201.41(4), 201.42(7), 201.45(6), 201.48(2), 201.49(2) or (3), 201.50(1) or (2), 201.52(2) or (3), 201.53(6) or 201.55(2) or (5); or

             (b)  a person or organization has taken or threatened to take reprisal action against the employee contrary to subsection 201.56(2).

             (2)  The application shall be made within 90 days after the day on which the grounds for the application became known or ought to have become known to the employee.

             (3)  In a proceeding before the labour relations board in respect of an allegation that reprisal action referred to in paragraph (1)(b) has been taken or threatened, the burden of proving that no such reprisal action has been taken or threatened is on the person or organization against whom the allegation is made.

             (4)  The rules of practice and procedure that apply to applications for the determination of a matter made under the Labour Relations Act apply to applications made under subsection (1).

             (5)  The costs incurred by the labour relations board in respect of an application made under subsection (1), including the remuneration of its members, shall be paid by the board as defined in paragraph 2(b).

             (6)  The labour relations board and each of its members has the powers, privileges and immunities granted by the Labour Relations Act.

             (7)  An employee who is aggrieved by a subject matter described in paragraph (1)(a) or (b) may, where the employee is bound by a collective agreement that provides for final and binding arbitration of grievances in respect of the subject matter, present a grievance under the agreement.

             (8)  An employee who exercises his or her right within the time permitted under the collective agreement is not permitted to make an application under subsection (1) in respect of the same subject matter unless it is determined that the arbitrator does not have jurisdiction to hear the grievance.

             (9)  Where it is determined that the arbitrator does not have jurisdiction to hear the grievance the employee may, within 90 days after the day on which that determination is made, make an application under subsection (1).

Notice of decision to dismiss

201.58          Where the labour relations board dismisses an application made under subsection 201.57(1) it shall immediately give notice of the decision to the

             (a)  applicant;

             (b)  chief safety officer;

             (c)  operator;

             (d)  employer;

             (e)  provider of services; and

              (f)  person or organization that is the subject of the application.

Orders

201.59          (1) Where the labour relations board decides that an employer or a provider of services that is providing services related to the placement of an employee has failed to pay wages or grant benefits to the employee that are required under this Part, it may order the employer or provider of services, subject to terms and conditions that it considers appropriate,

             (a)  to pay those wages or grant those benefits; and

             (b)  to take other measures necessary to remedy the matter.

             (2)  Where the labour relations board decides that a person or organization has taken reprisal action contrary to subsection 201.56(2), it may, subject to terms and conditions that it considers appropriate, order

             (a)  the reinstatement of an employee by an employer on the same terms and conditions under which the employee was employed immediately before the reprisal action;

             (b)  the payment or the granting to an employee, by the person or organization, of any wages or benefits that the employee would have been entitled to but for the reprisal action;

             (c)  the removal of a reprimand or other references to the matter from the records of a person or organization;

             (d)  the reinstatement of an employee to a union where the employee has been expelled by the union; and

             (e)  the taking by the person or organization of another measure necessary to remedy the matter.

             (3)  Where the labour relations board decides that a person or organization has threatened to take reprisal action contrary to subsection 201.56(2), it shall order the person or organization not to take that action.

             (4)  The labour relations board shall, immediately after making an order under this section, give a copy of it to the chief safety officer.

             (5)  An order made under this section shall specify the provisions of this Part or of the regulations made under this Part that have not been complied with or the nature of any reprisal action taken or threatened to be taken contrary to subsection 201.56(2).

Application by employer or provider of services

201.60          (1) An employer or a provider of services may apply in writing to the labour relations board for a determination as to whether

             (a)  an employee has received wages and benefits under subsection 201.49(3) knowing that no circumstances existed that would warrant the employee’s refusal, under section 201.47, to perform an activity; or

             (b)  an employee has received wages and benefits under subsection 201.52(3) knowing that no circumstances existed that would warrant the employee’s refusal, under section 201.51, to be transported.

             (2)  The application shall be made within 30 days after all avenues of redress have been exhausted by the employee.

             (3)  The burden of proving that no circumstances existed that would warrant the refusal by the employee is on the employer or the provider of services.

             (4)  The rules of practice and procedure that apply to applications for the determination of a matter made under the Labour Relations Act apply to applications made under subsection (1).

             (5)  The costs incurred by the labour relations board in respect of an application made under subsection (1), including the remuneration of its members, shall be paid by the board as defined in paragraph 2(b).

             (6)  The labour relations board and each of its members has the powers, privileges and immunities granted by the Labour Relations Act.

Notice of decision to dismiss

201.61          Where the labour relations board dismisses an application made under subsection 201.60(1), it shall immediately give notice of the decision to the applicant, the chief safety officer, the operator and the employee who is the subject of the application.

Notice of decision

201.62          Where the labour relations board determines that an employee has received wages and benefits under subsection 201.49(3) or 201.52(3) knowing that no circumstances existed that would warrant the refusal by the employee under section 201.47 to perform an activity, or the refusal by the employee under section 201.51 to be transported, it shall immediately give notice of the decision to the applicant, the chief safety officer and the operator, as well as to the employee who is the subject of the application.

Activities of board

201.63          (1) The board may, for the purpose of this Part,

             (a)  undertake research into the causes of and the means of preventing or reducing occupational injury and illness;

             (b)  cause studies to be made into occupational health and safety;

             (c)  publish the results of the research or studies;

             (d)  compile, prepare and disseminate information related to occupational health and safety obtained from the research and studies;

             (e)  implement programs to prevent or reduce occupational injury and illness; and

              (f)  implement in accordance with the regulations, if any, programs for medical monitoring and examination related to occupational health and safety, request an employer to do so or appoint a medical practitioner qualified in occupational medicine to do so.

             (2)  For the purpose of paragraph (1)(f), medical monitoring or examination of an employee may be conducted only with the employee’s written consent.

             (3)  The board may carry out the activities described in paragraphs (1)(a), (e) and (f) in conjunction with a department or agency of the Government of Canada, the government of a province or a foreign government, or with another organization that carries out similar activities.

Guidelines and interpretation notes

201.64          (1) The board may issue and publish, in a manner that the it considers appropriate, guidelines and interpretation notes with respect to the application and administration of this Part.

             (2)  The guidelines and interpretation notes are not subordinate legislation for the purpose of the Statutes and Subordinate Legislation Act.

Application for an authorization

201.65          (1) Where the chief safety officer receives an application for authorization under subsection 134(3.1) or to amend an authorization, the chief safety officer shall

             (a)  consider the potential impact of the work or activity to be authorized on the health and safety of employees engaged in the work or activity; and

             (b)  make a written recommendation to the board on the matters considered.

             (2)  In deciding whether to issue or amend an authorization, the board shall take into account the recommendation of the chief safety officer.

             (3)  In addition to a requirement or approval determined by the board under Part III to which an authorization is subject, the authorization is also subject to requirements and approvals, not inconsistent with the provisions of this Act or the regulations, that the board determines relate to occupational health and safety.

Substitutions-workplace

201.66          (1) The chief safety officer may, on application, permit the use at a workplace, for a specified time and subject to specified conditions, of specified equipment, methods, measures, standards or other things, instead of any required by regulations made under this Part, where he or she is satisfied that protection of the health and safety of employees at the workplace would not be diminished and the granting of the permission is not otherwise prohibited by regulation.

             (2)  The regulations are not considered to be contravened if there is compliance with a permission under subsection (1).

             (3)  The application shall

             (a)  be in a form acceptable to the chief safety officer;

             (b)  include information with respect to the consequences to health and safety that might reasonably be anticipated if the permission is granted; and

             (c)  be accompanied by technical information sufficient to enable the chief safety officer to make a decision on the application.

             (4)  On receipt of an application, the chief safety officer shall make the application available to the public in a manner that he or she considers advisable, together with a notice that submissions may be made to him or her for a period of 30 days, or a shorter period fixed by him or her with the agreement of the applicable workplace committee, after the day on which the application has been made available.

             (5)  Where the application is made in respect of an existing workplace, the applicant shall give a copy of the application to the operator and the operator shall, immediately after it receives or makes an application relating to an existing workplace

             (a)  post a copy of the application in printed form in a prominent place at the workplace; and

             (b)  provide a copy to a committee established for that workplace and to a union representing employees within the offshore area.

             (6)  The chief safety officer shall, as soon as possible after the end of the period referred to in subsection (4), inform, in a manner that he or she considers advisable, the applicant, the operator and the public of the decision made on the application.

             (7)  The chief safety officer may, on his or her own initiative or on application by the applicant for the permission under subsection (1), reconsider, confirm, vary, revoke or suspend a decision made on the application at any time when information is made available that, had it been known when the decision was made, would reasonably be expected to have resulted in a different decision from the one made at that time and in that case, subsections (1) to (6) apply with the necessary modifications.

Substitutions-passenger craft

201.67          (1) The chief safety officer may, on application by the operator, permit the use on a passenger craft, or the use in respect of employees or other passengers being transported on a passenger craft, for a specified time and subject to specified conditions, of specified equipment, methods, measures, standards or other things, instead of any required by regulations made under this Part, where the granting of the permission is not otherwise prohibited by regulation made under this Part and where he or she is satisfied that protection of the health and safety of the employees or other passengers being transported would not be diminished.

             (2)  The regulations are not considered to be contravened where there is compliance with a permission under subsection (1).

             (3)  The application shall

             (a)  be in a form acceptable to the chief safety officer;

             (b)  include information with respect to the consequences to health and safety that might reasonably be anticipated if the permission is granted;

             (c)  be accompanied by technical information sufficient to enable the chief safety officer to make a decision on the application; and

             (d)  be accompanied by documentation issued by the Minister of Transport indicating that if the permission is granted, it would not contravene an Act or law that applies to the operation of a passenger craft.

             (4)  On receipt of the application, the chief safety officer shall make it available to the public in a manner that he or she considers advisable, together with a notice that submissions may be made to him or her for a period of 30 days, or a shorter period fixed by him or her with the agreement of each workplace committee established by the operator, after the day on which the application has been made available.

             (5)  The operator shall, immediately after it makes an application, post a copy of it in printed form in a prominent place at each of its workplaces, and provide a copy to a committee established for that workplace.

             (6)  The chief safety officer shall, as soon as possible after the end of the period referred to in subsection (4), inform, in a manner that he or she considers advisable, the operator and the public of the decision made on the application.

             (7)  The chief safety officer may, on his or her own initiative or on application by the operator for the permission under subsection (1), reconsider, confirm, vary, revoke or suspend a decision made on the application at any time when information is made available that, had it been known when the decision was made, would reasonably be expected to have resulted in a different decision from the one made at that time and in that case, subsections (1) to (6) apply with the necessary modifications.

Occupational health and safety officers

201.68          (1) The board shall recommend an individual as an occupational health and safety officer for purpose of the administration and enforcement of this Part.

             (2)  Where the provincial minister is satisfied that the individual recommended by the board under subsection (1) is qualified to exercise the powers and carry out the duties and functions of an occupational health and safety officer under this Part, the provincial minister shall, within 30 days of receiving the recommendation from the board, designate that person as an occupational health and safety officer for the purpose of the administration and enforcement of this Part.

             (3)  The provincial minister shall without delay after making the designation notify the federal minister that the designation has been made.      

             (4)  Where the provincial minister does not designate the person recommended by the board, the provincial minister shall without delay notify the board in writing.

             (5)  An individual designated as an occupational health and safety officer shall not carry out the duties and functions of an occupational health and safety officer until he or she is designated as an occupational health and safety officer by the federal minister under the federal Act.

             (6)  An individual designated as an occupational health and safety officer under this Act who is not an employee of the board is considered to be an officer for the purpose of section 16.

             (7)  The board shall provide an individual designated under this Act with a certificate of designation and, on entering any place under the authority of this Part the individual shall, if so requested, produce the certificate to the person in charge of the place.

Special officers

201.69          (1) Where the provincial minister is satisfied that the circumstances described in paragraphs (a) and (b) exist, he or she may appoint an individual as a special officer in relation to a matter connected to the risk described in paragraph (a) for the purpose of the administration and enforcement of this Part in relation to the same matter

             (a)  there are reasonable grounds to believe that action by a special officer is required to avoid a serious risk to the health and safety of employees in the offshore area within the near future; and

             (b)  the risk cannot be avoided through the exercise of powers conferred under subsection 42(1.1) or section 201.115 or 201.116.

             (2)  The provincial minister may appoint an individual as a special officer only if he or she is satisfied that the individual is qualified to exercise the duties and functions of a special officer under this Part.

             (3)  The provincial minister shall without delay after making the appointment, notify the federal minister that the appointment has been made.

             (4)  An individual appointed as a special officer under this Act shall not carry out the duties and functions of a special officer until he or she is designated as a special officer by the federal minister under the federal Act.

             (5)  The individual appointed as a special officer under this Act shall be provided with a certificate of designation and, on entering any place under the authority of this Part, the individual shall, if so requested, produce the certificate to the person in charge of the place.

             (6)  An action does not lie against the board for anything done or omitted to be done by an individual appointed as a special officer under this Act while carrying out his or her duties or functions, or by a person in the course of assisting such an individual.

Powers of occupational health and safety officers

201.70          (1) A health and safety officer may, for the purpose of verifying compliance with this Part, order an operator, employer, employee, supervisor, interest holder, owner, provider of services or supplier to

             (a)  do, in a place that is used for a work or activity for which an authorization has been issued, including a passenger craft or an aircraft or vessel that has been used or is intended to be used as a passenger craft, any of the following:

                      (i)  inspect anything,

                     (ii)  pose questions or conduct tests or monitoring, and

                    (iii)  take photographs or measurements or make recordings or drawings;

             (b)  accompany or assist the officer while the officer is in a place described in paragraph (a);

             (c)  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;

             (d)  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;

             (e)  ensure that all or part of a place described in paragraph (a), or anything located in the place, that is under his or her control, not be disturbed for a reasonable period pending the exercise of any powers under this section; and

              (f)  remove anything from a place described in paragraph (a) and to provide it to the officer, in the manner specified by the officer, for examination, testing or copying.

             (2)  A health and safety officer may, for the purpose of verifying compliance with this Part, order a person in charge of a place, other than a person in charge of a place referred to in paragraph (1)(a), in which the 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 pending the exercise of powers under this section; and

             (h)  remove anything from the place and to provide it to the officer, in the manner specified by the officer, for examination, testing or copying.

             (3)  A health and safety officer may, for the purpose of verifying compliance with this Part and subject to section 201.72, enter a place that is used for a work or activity for which an authorization has been issued, including a passenger craft or an aircraft or vessel that has been used or is intended to be used as a passenger craft, or a place in which the 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 it to be used, to examine data contained in or available to it;

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

             (h)  use 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.

             (4)  A health and safety officer who has entered a place under subsection (3) may order an individual in the place to do anything described in paragraphs (1)(a) to (f) or (2)(a) to (h).

             (5)  Anything removed under paragraph (1)(f), (2)(h) or (3)(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 of health and safety officers

201.71          (1) A health and safety officer shall provide to an operator written reports respecting anything inspected, tested or monitored at any of its workplaces by, or on the order of, the officer for the purpose of verifying compliance with this Part.

             (2)  A health and safety officer shall provide to each employer at a workplace written reports respecting anything inspected, tested or monitored in the workplace by, or on the order of, the officer for the purpose of verifying compliance with this Part that relate to the health and safety of the employer’s employees.

             (3)  Where a report contains a trade secret, the health and safety officer may edit the report to protect the trade secret.

             (4)  Where a report contains information relating to the medical history of an identifiable individual or other prescribed information relating to an identifiable individual, the health and safety officer shall edit the report to protect that information before providing it to an operator or employer, unless the individual to whom the information relates consents in writing to the disclosure of the information to the operator or employer.

Entering living quarters

201.72          (1) Where the place referred to in subsection 201.70(3) is living quarters, a health and safety officer is not authorized to enter those quarters without the consent of the occupant except

             (a)  to execute a warrant issued under subsection (4);

             (b)  to verify that lifesaving equipment that is prescribed is readily available and in good condition; or

             (c)  to verify that those quarters, where on a marine installation or structure, are in a structurally sound condition sufficient to ensure the health and safety of employees.

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

             (3)  Notwithstanding paragraphs (1)(b) and (c), 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 occupant or owner of living quarters, a Provincial Court judge may issue a warrant authorizing a health and safety officer who is named in it 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 201.70(3);

             (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 consent to opening it cannot be obtained from the occupant.

             (6)  The health and safety 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 a health and 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 the accommodation of employees on a marine installation or structure or a passenger craft, and a room for the exclusive use of the occupants of those quarters that contains a toilet or a urinal.

Assistance to officers

201.73          (1) Employers, employees and supervisors at, the operator for,  owners of, suppliers or providers of services to, as well as the person in charge of, a place entered by a health and safety officer under subsection 201.070(3), and the interest holders having an interest, or a share of an interest, in any portion of the offshore area in which the place is located, shall give all assistance that is reasonably required to enable the officer to verify compliance with this Part and shall provide documents, data or information that is reasonably required for that purpose.

             (2)  Where the place referred to in subsection 201.70(3) is a workplace, the operator shall provide to the health and safety officer, and to an individual accompanying that officer, free of charge,

             (a)  suitable transportation between the operator’s usual point of embarkation on shore and the workplace, between the workplace and the operator’s usual point of disembarkation on shore, and between workplaces; and

             (b)  suitable accommodation and food at the workplace.

False statements of information

201.74          A person shall not make a false or misleading statement or provide false or misleading information, in connection with a matter under this Part, to a health and safety officer who is carrying out duties or functions under this Part or to the chief safety officer when he or she is conducting a review under section 201.96.

Obstruction

201.75          A person shall not obstruct or hinder a health and safety officer who is carrying out duties or functions under this Part or the chief safety officer when he or she is conducting a review under section 201.96.

Accompaniment of health and safety officer

201.76          (1) A health and safety officer who is inspecting, testing or monitoring anything in a workplace under subsection 201.70(3) shall give to an employer representative at the workplace, and to a member of the workplace committee who represents employees, an opportunity to accompany the officer when the officer is carrying out those activities.

             (2)  Where an employee representative from the workplace committee is not available, the officer may select one or more other employees to accompany him or her.

             (3)  The officer may carry out the activities without being accompanied by an employer or employee representative where either or both of them are unavailable and the officer considers that it is necessary to proceed immediately with those activities.

             (4)  Where the officer is not accompanied by an employee representative, the officer shall endeavour to consult with a number of employees when carrying out the activities.

             (5)  An individual who is accompanying or being consulted by an officer under this section shall be paid the same wages and granted the same benefits that the individual would have received had he or she been working.

Warrants

201.77          (1) On an application without notice to the occupant or owner 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 a health and safety 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 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 or measurements, make recordings or drawings, or use systems in the place that capture images.

             (3)  A health and safety officer may exercise the powers described in this section without a warrant where the conditions for obtaining the warrant exist but by reason of exigent circumstances it would not be feasible to obtain one.

             (4)  Exigent circumstances include circumstances in which the delay necessary to obtain a warrant under this section would result in danger to human life 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)  A 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)  An operator shall provide, free of charge, to an individual who is executing a warrant under this section at any of its workplaces

             (a)  suitable return transportation between the workplace and a location from which transportation services to that workplace are usually provided, and between workplaces; and

             (b)  suitable accommodation and food at the workplace.

             (8)  A warrant may be issued under this section by telephone or other means of telecommunication on information submitted by a health and 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.

Storage and removal

201.78          (1) A thing seized under this Part may be stored in the place where it was seized or may, at the discretion of a health and safety officer, be removed to another place for storage and the owner of the thing or the person who is lawfully entitled to possess it shall pay the costs of storage or removal.

             (2)  Where the thing seized is perishable, a health and safety 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 of Canada.

Non-disturbance of scene

201.79          (1) In the case of an incident at a workplace, or involving a passenger craft, that results in serious injury or death, a person shall not, unless authorized to do so by a health and safety officer, disturb anything related to the incident except to the extent necessary to

             (a)  attend to individuals who are injured or killed;

             (b)  prevent further injuries; or

             (c)  prevent damage to or loss of property.

             (2)  Where an individual is killed or seriously injured by an incident involving a passenger craft, an individual who is investigating the incident under the Aeronautics Act (Canada), the Canada Shipping Act, 2001 or the Canadian Transportation Accident Investigation and Safety Board Act is not required to obtain an authorization under subsection (1).

Provision of information

201.80          A person shall not prevent an employee from providing to a health and safety officer or to the board, or to a person or committee having duties or functions under this Part, information that they may require to carry out their duties or functions.

Information not to be disclosed

201.81          Subject to sections 201.84 to 201.86, a person shall not, except for the purpose of this Part, for the purpose of a prosecution under this Part, for the purpose of Part III as it relates to safety or for the purpose of a prosecution under Part III that relates to safety, disclose the results of

             (a)  activities carried out by or on the order of a health and safety officer for the purpose of verifying compliance with this Part; or

             (b)  activities carried out under a warrant issued under this Part.

Non-disclosure of identity

201.82          An individual to whom information obtained under this Part is communicated in confidence shall not disclose the identity of the individual who provided it except for the purpose of this Part, and an individual who obtains that information in confidence is not competent or compellable to disclose the identity of the individual who provided it before a court or other tribunal except by order of the court or tribunal on terms and conditions that the court or tribunal considers just.

Non-disclosure of trade secrets and information on hazardous products and material

201.83          (1) Trade secrets that become known to a health and safety officer who enters a place under subsection 201.70(3), or to an individual accompanying or a person assisting the officer, are privileged and shall not be disclosed except for the purpose of this Part, or for the purpose of Part III as it relates to safety.

             (2)  Information that is obtained by a health and safety officer who enters a place under subsection 201.70(3), or by an individual accompanying or a person assisting the officer, and that is exempt from disclosure under the Hazardous Material Information Review Act (Canada) is privileged and, notwithstanding the Access to Information and the Protection of Privacy Act or another Act or law, shall not be disclosed to another person except for the purpose of this Part, or for the purpose of Part III as it relates to safety.

             (3)  Information disclosed under subsection (1) or (2) shall not be further disclosed by the recipient except for the purpose for which it was disclosed to him or her.

Disclosure of information

201.84          (1) Notwithstanding section 115, the chief safety officer may disclose information, other than information relating to the medical history of an identifiable individual or other prescribed information relating to an identifiable individual, an individual’s identity the disclosure of which is restricted under section 201.82 or information the disclosure of which is restricted under section 201.83, related to occupational health and safety that he or she obtains in his or her capacity as chief safety officer to officials of the federal government, a provincial government or a foreign government, or of an agency of any of those governments, for the purpose of a federal or provincial law or activity or a foreign law, where the officer is satisfied that disclosure is in the interest of health and safety and the information is disclosed subject to any conditions agreed upon by the officer and the government or agency.

             (2)  Officials of the provincial government or of an agency of the provincial government may for the purpose of this Part disclose information related to occupational health and safety, other than information relating to the medical history of an identifiable individual or other prescribed information relating to an identifiable individual, to the chief safety officer, where they are satisfied that disclosure is in the interest of health and safety and it is disclosed subject to any conditions agreed upon by the provincial government or agency and the officer.

             (3)  Information disclosed under subsection (1) or (2) shall not be further disclosed by the recipient without the consent in writing of the person who disclosed it to him or her, unless it is disclosed for the same purpose and subject to the conditions referred to in that subsection.

Access to information by governments

201.85          (1) Notwithstanding sections 201.82 and 201.83, the federal minister and the provincial minister are entitled to access any recorded information, other than information relating to the medical history of an identifiable individual or information the disclosure of which is restricted under subsection 201.83(2), where the record is under the control of the board and the information relates to this Part, and that information shall, on the request of either minister, be disclosed to that minister without requiring the consent in writing of the person to whom the information relates.

             (2)  Information disclosed to either minister under subsection (1) shall not be further disclosed by that minister without the consent in writing of the person to whom it relates except for the purpose of this Part or for the purpose of Part III as it relates to safety.

Disclosure by board

201.86          Notwithstanding section 115, the board may, after consulting with the chief safety officer, disclose information under its control that relates to this Part other than information relating to

             (a)  the medical history of an identifiable individual;

             (b)  other prescribed information relating to an identifiable individual;

             (c)  an individual’s identity the disclosure of which is restricted under section 201.82; or

             (d)  information the disclosure of which is restricted under section 201.83

 where the board is satisfied that the public interest in making the disclosure clearly outweighs potential harm resulting from the disclosure.

Privilege

201.87          (1) A health and safety officer and an individual who has accompanied or person who has assisted the officer in carrying out the officer’s duties or functions may not be required to give testimony in civil or administrative proceedings, other than proceedings under this Part, relating to information obtained in the exercise of the officer’s powers or in the carrying out of the officer’s duties or functions or in accompanying or assisting the officer, except with the written permission of the board.

             (2)  Where a person to whom subsection (1) applies is required to give testimony in civil or administrative proceedings for which he or she has the written permission referred to in that subsection, section 201.81 does not apply to restrict the disclosure of the results described in that section.

             (3)  A person shall not be required to produce or give evidence in a civil or administrative proceeding relating to information disclosed to him or her under subsection 201.84(1) or (2) or 201.85(1).

Protection from liability

201.88          An action does not lie against

             (a)  a health and safety officer for anything done or omitted to be done by him or her in good faith while carrying out his or her duties or functions under this Part; or

             (b)  an individual accompanying or a person assisting a health and safety officer for anything done or omitted to be done by him or her in good faith while carrying out his or her duties or functions under this Part.

Order to terminate contravention

201.89          A health and safety officer who is of the opinion that a provision of this Part or of the regulations made under this Part is being contravened or has recently been contravened by a person may order the person to

             (a)  terminate the contravention within the time that the officer specifies; and

             (b)  take measures specified by the officer, within the period that he or she specifies, to ensure that the contravention does not continue or reoccur.

Dangerous situation order

201.90          (1) Where a health and safety officer is of the opinion that the performance of an activity, including the use or operation of any thing or the conditions under which an activity is performed, constitutes a danger to an employee or other individual at a workplace or a passenger on a passenger craft, the officer shall order a person to take measures, immediately or within the period that the officer specifies

             (a)  to correct the hazard or condition, or to alter the activity, that constitutes the danger; or

             (b)  to protect an individual from the danger.

             (2)  Where a health and safety officer is of the opinion that the measures cannot be taken immediately, the officer may order a person not to use a place, operate a thing or perform an activity to which an order under subsection (1) relates until there is compliance with that order.

             (3)  Nothing in subsection (2) prevents the doing of anything necessary to comply with the order under subsection (1).

             (4)  Where a health and safety officer makes an order under subsection (2), the officer shall post or affix or cause to be posted or affixed to or near the place or thing to which the order relates, or in the area in which the activity to which the order relates is performed, a notice in the form, and containing the information, that the officer may specify, and a person shall not remove the notice unless he or she is authorized by a health and safety officer to do so.

             (5)  Where a health and safety officer makes an order under subsection (2), the person to whom the order is directed shall cause the use or operation of the place or thing or the performance of the activity to be discontinued, and an individual shall not use or operate the place or thing or perform the activity until the order under subsection (1) is complied with.

Copy of order

201.91          (1) A health and safety officer shall give a copy of an order he or she makes under section 201.89 or subsection 201.90(1) or (2) to the person to whom it is directed and to the operator to whom the order relates.

             (2)  Where a special officer makes an order under section 201.89 or subsection 201.90(1) or (2), he or she shall give a copy of it to the person to whom it is directed, the operator to whom the order relates and the chief safety officer.

             (3)  Where an occupational health and safety officer makes an order under section 201.89 or subsection 201.90(1) or (2) as a result of being notified under subsection 201.46(4), 201.47(6) or 201.51(6), or decides after being so notified not to make an order, the officer shall, as soon as possible, give a copy of the order, or written notice of the decision, to the employee who made the report under subsection 201.46(1) or who exercised his or her rights under section 201.47 or 201.51.

             (4)  Where an order is made orally under section 201.89 or subsection 210.90(1) or (2), it shall be confirmed in writing and a copy given, as soon as possible, to the persons who, under subsections (1), (2) and (3), are required to be given a copy.

             (5)  A health and safety officer may make an order under section 201.89 or subsection 201.90(1) or (2) even where the officer is not physically present in the place to which the order refers.

Compliance notice

201.92          The person to whom an order under section 201.89 or subsection 201.90(1) or (2) is directed shall, within the period specified in the order, submit to the health and safety officer a notice of compliance describing the extent to which he or she has complied with the order, unless the officer decides that the notice is not necessary because compliance with the order has been achieved.

Priority of order

201.93          (1) An order made by a special officer prevails over an order made by an occupational health and safety officer, the chief safety officer, an operational safety officer, a conservation officer or the chief conservation officer to the extent of any inconsistency between the orders.

             (2)  An order or a decision made by an occupational health and safety officer prevails over an order or a decision made by an operational safety officer, a conservation officer or the chief conservation officer, to the extent of any inconsistency between the orders or decisions.

Posting and providing of certain documents

201.94          (1) An operator or employer shall, as soon as practicable after filing or receiving any of the following documents, post a copy of it in a prominent location at the workplace to which it relates and provide a copy of it to the workplace committee or the coordinator:

             (a)  an order made under section 201.89 or subsection 201.90(1) or (2);

             (b)  a notice of compliance referred to in section 201.92;

             (c)  an application for a review made under subsection 201.95(1) or a decision made under subsection 201.96(1); or

             (d)  an application for a determination made under subsection 201.97(2) or a decision or order made under subsection 201.97(6).

             (2)  Notwithstanding subsection (1), where a document required to be posted under subsection (1) contains a trade secret, the operator or employer may, before posting it, edit it to protect that trade secret and where the document is edited, the operator or employer shall obtain the written approval of a health and safety officer for the document as edited before posting it.

             (3)  Notwithstanding subsection (1), where a document required to be posted under subsection (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, unless the individual to whom the information relates consents in writing to the information being posted, before posting it, edit it to protect that information, and obtain the written approval of a health and safety officer for the document as edited.

             (4)  An obligation imposed on an operator or employer under subsection (1) is satisfied where the operator or employer

             (a)  ensures that the document is posted for the time necessary, which is at least 30 days or a longer period that is prescribed, to enable employees at the workplace to inform themselves of the content; or

             (b)  provides a copy of the document to each employee at the workplace.

Review of occupational health and safety officer's decision

201.95          (1) A person who is, or a union representing employees who are, directly affected by a decision of an occupational health and safety officer under subsection 201.47(10) or 201.51(11), or by an order of an occupational health and safety officer under section 201.89 or subsection 201.90(1) or (2), may apply for a review of the decision or order by the chief safety officer.

             (2)  Notwithstanding subsection (1), where the chief safety officer, acting as an occupational health and safety officer, makes a decision under subsection 201.47(10) or 201.51(11) or an order under section 201.89 or subsection 201.90(1) or (2), he or she is not permitted to review those decisions or orders.

             (3)  An application for a review shall be made in writing to the chief safety officer within 45 days after the date of the decision or order that is the subject of the review being made in writing or, where the decision or order is made orally, of it being confirmed in writing.

             (4)  Unless otherwise ordered by the chief safety officer, an application for review of a decision or an order does not operate as a stay of the decision or order.

Review by chief safety officer

201.96          (1) On receiving an application for a review, the chief safety officer shall, in a summary way and without delay, inquire into the circumstances of the decision or order and may confirm, vary or revoke the decision or order.

             (2)  Where the chief safety officer makes an inquiry under subsection (1), he or she may consider new information including information provided by the applicant.

             (3)  The chief safety officer is not prevented from conducting a review by reason only that he or she, in the course of carrying out his or her duties and functions under this Part, receives information regarding the matter under review or communicates with a person concerning that matter.

             (4)  The chief safety officer shall provide his or her decision in writing, with reasons, to the applicant, to the operator affected by it and to a person who made representations in relation to the matter under review.

             (5)  A decision of the chief safety officer made under this section that is not appealed is final and binding and not subject to review.

Appeal to labour relations board

201.97   (1) A person who is, or a union representing employees who are, directly affected by any of the following decisions or orders may appeal the decision or order to the labour relations board:

             (a)  an order of a special officer under section 201.89 or subsection 201.90(1) or (2);

             (b)  an order of the chief safety officer referred to in subsection 201.43(1) or (2) or 201.95(2); or

             (c)  a decision of the chief safety officer under subsection 201.96(1).

             (2)  An appeal shall be made by filing an application for a determination of the matter under the Labour Relations Act within 45 days after the date of the decision or order that is the subject of the appeal.

             (3)  Unless otherwise ordered by the labour relations board, an appeal of a decision or order does not operate as a stay of the decision or order.

             (4)  The chief safety officer may make representations to the labour relations board in respect of the decision or order being appealed and that board may impose conditions on the representations that it considers appropriate.

             (5)  The rules of practice and procedure that apply to applications for the determination of a matter made under the Labour Relations Act apply to appeals made under subsection (1).

             (6)  The labour relations board may revoke, or make an order confirming or varying, the decision or order being appealed, and may make an order that a health and safety officer has the power or duty to make under subsection 201.90(1) or (2) where it is related to the subject matter of the decision or order being appealed and the labour relations board is satisfied that the danger still exists.

             (7)  The costs incurred by the labour relations board in respect of an appeal made under subsection (1), including the remuneration of its members, shall be paid by the board as defined in paragraph 2(b).

             (8)  Where the labour relations board makes a decision or order referred to in subsection (6), and an employer is required to receive a copy of the decision or order under the Labour Relations Act, the operator and chief safety officer shall receive a copy of it as well.

             (9)  The labour relations board and each of its members has the powers, privileges and immunities granted by the Labour Relations Act.

           (10)  Where the labour relations board makes an order that a health and safety officer has the power or duty to make under subsection 201.90(2) in respect of a place, thing or activity, the person to whom the order is directed shall cause the use or operation of the place or thing or the performance of the activity to be discontinued, and an individual shall not use or operate the place or thing or perform the activity until the measures ordered by that board have been taken.

Compensation of employees

201.98   Time spent by an employee attending proceedings under section 201.97 as a party, or as a witness as a result of a summons, 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.

Enforcement of orders

201.99   (1) An order made under any of subsections 201.59(1) to (3) or 201.97(6) may, for the purpose of its enforcement, be made an order of the Supreme Court of Newfoundland and Labrador, Trial Division and shall be enforced in the same manner as an order of that court.

             (2)  To make the order an order of the court, the rules of practice and procedure established under the Labour Relations Act for making an order an order of that court may be followed.

             (3)  After an order has been made an order of the court, a subsequent order rescinding or replacing the first order has the effect of cancelling the order of the court, and that subsequent order may be made an order of that court in the same manner.

Offences

201.100 (1) A person is guilty of an offence who

             (a)  contravenes a provision of this Part or of the regulations made under this Part;

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

             (c)  destroys, damages or falsifies a report, record or other document required by this Part or the regulations made under this Part or by an order made under this Part;

             (d)  fails to comply with an order of a health and safety officer;

             (e)  fails to comply with a requirement of the chief safety officer under section 201.13 or 201.18;

              (f)  fails to comply with a decision of the chief safety officer under section 201.96; or

             (g)  fails to comply with an order of the labour relations board under subsection 201.97(6).

             (2)  A 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 paragraph (1)(a), a person who contravenes paragraph 201.10(l) or (m), 201.16(1)(k), 201.32(b) or 201.33(1)(b) is not guilty of an offence unless compliance with that paragraph is necessary to protect occupational health and safety.

             (4)  An individual shall not be excused from recording in accordance with section 201.10 or 201.16 instances of non-compliance and any corrective action taken on the grounds that information given by him or her may tend to incriminate him or her, or subject him or her to a proceeding or penalty, but the information, or evidence derived from it, may not be used or received to incriminate that individual in a criminal proceeding initiated against him or her, other than a prosecution under section 132, 136 or 137 of the Criminal Code.

             (5)  A person shall not be found guilty of an offence under subsection (1) where he or she establishes that he or she exercised due diligence to prevent the commission of the offence.

Offence by corporation

201.101 (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

201.102 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

201.103 (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 any or all of the following effects:

             (a)  prohibiting the offender from committing an act or engaging in an activity that may, in the opinion of the court, result in the continuation or repetition of the offence;

             (b)  directing the offender to take measures that the court considers appropriate to avoid harm to health or safety that may result from the act or omission that constituted the offence, or to remedy harm to health or safety resulting from it;

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

             (d)  directing the offender to submit to the chief safety officer, on application by 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 occupational health and safety matters;

              (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

201.104 (1) Where a court has made an order under subsection 201.103(1), the court may, on application by the offender or the chief safety officer, require the offender to appear before it and, after hearing the offender and the chief safety officer, vary the order in one or more of the following ways that the court considers appropriate because of a change in the circumstances of the offender since the order was made:

             (a)  by making changes to 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)  Notwithstanding subsection (1), before making an order under subsection (1), the court may direct that notice be given to other persons that the court considers to be interested and may hear any of those persons.

Subsequent applications with leave

201.105 Where an application made under subsection 201.104(1) 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

201.106 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 201.103(1) or 201.104(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, Trial Division and the judgment is enforceable against the person in the same manner as if it were a judgment rendered against that person in that court in civil proceedings.

Order to comply

201.107 Where a person is guilty of an offence under this Part, a court may, in addition to another penalty it may impose, order that person to comply with the provisions of this Part or the regulation or order for the contravention of which that person has been convicted.

Continuing offences

201.108 Where an offence under this Part is committed on more than one day or is continued for more than one day, it constitutes a separate offence for each day on which it is committed or continued.

Limitation period

201.109 Proceedings by way of summary conviction for an offence under this Part may be instituted within 3 years from the day on which the subject matter of the proceedings arose, unless the prosecutor and the defendant otherwise agree.

Evidence

201.110 In a prosecution for an offence under this Part, a copy of an order or other document purporting to have been made under this Part, and purporting to have been signed, in the case of an order or other document purporting to have been made by the labour relations board, by the chief executive officer or a member of that board and, in any other case, by the individual authorized under this Part to make that order or document, is, in the absence of evidence to the contrary, proof of the matters set out in it.

Jurisdiction of  judge

201.111 A complaint or information relating to an offence under this Part may be heard, tried or determined by a provincial court judge where the accused is resident or carrying on business within the territorial jurisdiction of that judge although the matter of the complaint or information did not arise in that territorial jurisdiction.

Action to enjoin not prejudiced by prosecution

201.112 (1) Even though a prosecution has been instituted for an offence under this Part, the board may commence and maintain an action to enjoin the committing of a contravention of a provision of this Part or of the regulations made under this Part.

             (2)  A civil remedy for an act or omission is not suspended or affected by reason that the act or omission is an offence under this Part.

Information

201.113 In a proceeding 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.

Advisory council

201.114 (1) An advisory council shall be established and shall be composed of

             (a)  4 representatives of employees and 4 representatives of industry; and

             (b)  2 representatives of the Government of Canada and 2 representatives of the government of the province.

             (2)  In addition to the representatives appointed under subsection (1), the chief safety officer or his or her representative shall be a non-voting member of the advisory council.

             (3)  Two employee representatives and 2 industry representatives shall be appointed jointly by the provincial minister and the provincial minister defined in paragraph 2(t) and the other 4 shall be appointed jointly by the federal counterparts of those ministers.

             (4)  Before making an appointment referred to in subsection (3), the provincial minister and the provincial minister as defined in paragraph 2(t), or his or her federal counterparts shall consult with non-management employees, or the unions representing them, on the appointment of an employee representative and with industry associations on the appointment of an industry representative.

             (5)  The provincial government representatives shall be appointed jointly by the provincial minister and the provincial minister as defined in paragraph 2(t) and the federal government representatives shall be appointed jointly by the federal counterparts of those ministers.

             (6)  The mandate of the advisory council is to advise the board, the provincial minister and the provincial minister as defined in paragraph 2(t) and the federal counterparts of those ministers on

             (a)  the administration and enforcement of this Part; and

             (b)  another matter related to occupational health and safety that is referred to it by any of them.

             (7)  At the discretion of the provincial minister, the provincial minister as defined in paragraph 2(t) and their federal counterparts, the members of the advisory council may be paid

             (a)  the remuneration that may be jointly fixed by those ministers and their federal counterparts; and

             (b)  reasonable travel and living expenses that are incurred by the members while carrying out their duties or functions away from their ordinary place of residence.

             (8)  The board shall pay the remuneration and expenses referred to in subsection (7).

             (9)  Members shall be appointed for a term of not more than 5 years and may be reappointed.

           (10)  The advisory council shall have 2 chairpersons selected from among its members.

           (11)  One of the chairpersons selected under subsection (10) shall be selected by the employee representatives and the other shall be selected by the industry representatives.

Auditor

201.115 (1) The federal minister or the provincial minister, or both, may appoint an individual as auditor to measure and report on the effectiveness of the board in carrying out its duties and functions under this Part.

             (2)  A report of the audit shall be made, as soon as practicable, to the federal minister, the provincial minister and the board.

             (3)  The auditor is entitled to free access at all convenient times to information that relates to the fulfilment of his or her responsibilities and is also entitled to require and receive from the board and from other persons or committees having duties or functions under this Part information, including reports, and explanations that he or she considers necessary for that purpose.

             (4)  The auditor may examine an individual on oath on a matter pertaining to the effectiveness of the board in carrying out its duties and functions under this Part and, for the purpose of an examination, may exercise all the powers of a commissioner under the Public Inquiries Act, 2006.

             (5)  Information, including reports, and explanations disclosed to the auditor under subsection (3) shall not be further disclosed by the auditor without the consent in writing of the person to whom it relates.

             (6)  The board shall consider the report of the audit and, within 60 days after the day on which the board receives the report, it shall send to the auditor its written response to the report, and send a copy of that response to the federal minister and the provincial minister.

             (7)  Where the federal minister and the provincial minister jointly appoint the auditor, they may also jointly agree, with the consent in writing of the provincial minister as defined in paragraph 2(t), to require the cost of the audit to be borne by the board but where only one of those ministers appoints the auditor, that minister shall pay the cost of the audit.

Inquiries

201.116 (1) The federal minister, the provincial minister, the federal minister jointly with the provincial minister or the board may appoint one or more individuals to inquire into and report on occupational health and safety matters that are related to employment to which this Part applies.

             (2)  An individual who is appointed by the provincial minister, by the federal minister jointly with the provincial minister or by the board has all the powers of a person appointed as a commissioner under the Public Inquiries Act, 2006, including the powers that may be conferred on a commissioner under section 11 of that Act.

             (3)  A witness who attends and gives evidence at an inquiry under this section is entitled to be paid reasonable travel and living expenses incurred by the witness in doing so and the witness fees prescribed in the scale of costs in use in the Supreme Court of Newfoundland and Labrador.

             (4)  Once the board receives a copy of the report, it shall consider the report and shall, within 60 days after the day on which it is received, send to the federal minister and the provincial minister its written response to the report.

             (5)  Where one or more individuals are appointed by a minister or ministers under subsection (1) in respect of a matter, the minister or ministers making the appointment may, where that minister or those ministers determine that an inquiry is being conducted under section 161 in respect of the same matter, direct that the board terminate that inquiry and provide to that individual or those individuals records or evidence collected in respect of the matter.

             (6)  The board shall comply with a direction made under subsection (5).

             (7)  Where the federal minister and the provincial minister jointly appoint the individual or individuals under subsection (1), they may also jointly agree, with the consent in writing of the provincial minister as defined in paragraph 2(t), to require the cost of the inquiry to be borne by the board, but where only one of those ministers appoints an individual or individuals under that subsection, that minister shall pay the cost of the inquiry.

Definitions

201.117 For the purposes of this section and sections 201.118 and 201.119,

             (a)  "electronic document" means a form of representation of information or of concepts fixed in a medium in or by electronic, optical or other similar means and that can be read or perceived by an individual or by any means; and

             (b)  "information system" means a system used to generate, send, receive, store or otherwise process an electronic document.

Use not mandatory

201.118 A provision of this Part or of the regulations made under this Part does not require an electronic document to be created or provided.

Electronic document

201.119 (1) A requirement under this Part that a notice, document or other information be created in writing is satisfied by the creation of an electronic document where

             (a)  the information in the electronic document is accessible so as to be usable for subsequent reference; and

             (b)  there is compliance with the regulations pertaining to this subsection, if any.

             (2)  A requirement under this Part that a notice, document or other information be provided under this Part, whether or not it is required to be provided in writing, is satisfied by the provision of an electronic document where

             (a)  the addressee has designated an information system for the receipt of the electronic document;

             (b)  the electronic document is provided to the designated information system, unless otherwise prescribed;

             (c)  the information in the electronic document is accessible by the addressee and capable of being retained by him or her, so as to be usable for subsequent reference; and

             (d)  there is compliance with the regulations pertaining to this subsection, if any.

             (3)  Where a consent is required to be given in writing under this Part, the requirement is satisfied by the provision of an electronic document that signifies that consent has been given where

             (a)  the addressee has designated an information system for the receipt of the electronic document;

             (b)  the electronic document is provided to the designated information system, unless otherwise prescribed;

             (c)  the information in the electronic document that signifies that consent has been given is accessible by the addressee and capable of being retained by him or her, so as to be usable for subsequent reference; and

             (d)  there is compliance with the regulations pertaining to this subsection, if any.

             (4)  Notwithstanding subsection (2), the reasons referred to in subsection 201.56(5) and the decision referred to in subsection 201.96(4) shall be provided in writing.

Regulations

201.120 (1) Subject to section 7 and on the recommendation of the provincial minister, the Lieutenant-Governor in Council may make regulations generally for carrying out the purpose and provisions of this Part, including regulations

             (a)  establishing requirements in respect of anything described in subsection 201.12(2) or 201.17(2);

             (b)  respecting the manner in which an operator is required to investigate under subsection 201.14(2) an occupational disease or an accident, incident or other hazardous occurrence;

             (c)  respecting the establishment, by an operator, of procedures for safe entry to or exit from a marine installation or structure and of standards for occupancy of a marine installation or structure;

             (d)  respecting the establishment of codes of practice, and specifying who is responsible for ensuring compliance with those codes of practice;

             (e)  respecting the safety of work or activities that are carried out in a confined space, at heights, directly over water, under water, or of a work or activity that involves the use of explosives;

              (f)  respecting ergonomic standards and procedures for a workplace;

             (g)  respecting the establishment of standards for the design, installation and maintenance of the following things:

                      (i)  guards, guard-rails, barricades, fences and other equipment of a similar nature,

                     (ii)  boilers and pressure vessels,

                    (iii)  escalators, elevators and other devices of a similar nature,

                    (iv)  all equipment for the generation, distribution or use of electricity,

                     (v)  gas-burning or oil-burning equipment or other heat-generating equipment, and

                    (vi)  heating, ventilation and air-conditioning systems;

             (h)  respecting the establishment of standards for the design and maintenance of equipment, machines, devices, materials and other things that may be used by employees in carrying out their job functions;

              (i)  respecting the circumstances and manner in which any thing referred to in paragraph (g) or (h) shall or shall not be used, and any qualifications that an individual must have in order to use it;

              (j)  specifying who is responsible for ensuring that the standards referred to in paragraphs (g) and (h) are complied with and that the things referred to in those paragraphs are used in the specified circumstances and manner and by individuals who have the required qualifications;

             (k)  respecting the establishment of standards relating to levels or limits for ventilation, lighting, temperature, humidity, sound and vibration and exposure to chemical agents, biological agents and radiation and specifying who is responsible for ensuring compliance with those standards;

              (l)  respecting the qualifications of persons authorized to carry out prescribed training;

            (m)  respecting the establishment of fire safety and emergency measures, and specifying who is responsible for ensuring compliance with those measures;

             (n)  respecting the provision, by an operator, an employer, or both, of sanitary and personal facilities, potable water, sustenance, and first-aid and health services;

             (o)  respecting the prevention of, and protection against, violence at the workplace;

             (p)  respecting the manner and form in which records are to be maintained and information communicated;

             (q)  respecting the manner in which programs for medical monitoring and examination referred to in paragraph 201.63(1)(f) are to be implemented, including restricting the types of interventions that may be used;

              (r)  respecting the procedures governing the granting of a permission under section 201.66 or 201.67, including any requirements for consultation or notice;

             (s)  specifying the equipment, methods, measures or standards or other things required by regulations made under this section in respect of which the granting of a permission under section 201.66 or 201.67 is prohibited;

              (t)  respecting the operation of an advisory council established under section 201.114;

             (u)  respecting any matter necessary for the purpose of the application of section 201.119, including

                      (i)  the time and circumstances when, and the place where, an electronic document is to be considered to have been provided or received, and

                     (ii)  the circumstances in which a secure electronic signature, as defined in subsection 31(1) of the Personal Information Protection and Electronic Documents Act, (Canada) is required to be linked to an electronic document; and

             (v)  prescribing anything that by this Part shall be prescribed.

             (2)  The regulations may incorporate any material by reference, regardless of its source, either as it exists on a particular date or as amended from time to time.

             (3)  The chief safety officer may, in accordance with the Transitional Regulations, grant exemptions from a regulation incorporated by reference in those regulations.  

             (4)  Regulations made under subsection (1) may be made applicable to all persons or one or more classes of persons.    

 

      40. Section 207 of the Act is repealed and the following substituted:

Agreements under federal act

   207. The Minister of Finance of the province or another minister or ministers of the Crown in right of the province as designated by order of the Lieutenant-Governor in Council may enter into agreements respecting the offshore area under section 98 and Part IV of the federal Act with the Minister of Finance of Canada or another minister or ministers of the Crown in right of Canada as designated by order of the Governor in Council.

RSNL1990 cL-1
Amdt.

      41. (1) Section 17 of the Labour Relations Act is amended by adding immediately after subsection (2) the following:

          (2.1)  An employer or provider of services may apply to the board under section 201.60 of the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act for a determination as to whether an employee received wages and benefits

             (a)  under subsection 201.49(3) of the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act knowing that no circumstances existed warranting the employee's refusal to perform an activity; or

             (b)  under subsection 201.52(3) of the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act knowing that no circumstances exited warranting the employee's refusal to be transported.

             (2)  Section 17 of the Labour Relations Act is amended by adding immediately after subsection (4) the following:

          (4.1)  An employee may, either personally or through a representa­tive, apply to the board, in accordance with

             (a)  paragraph 201.57(1)(a) of the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act for a determination as to whether the employer or provider of services has failed to pay wages or grant a benefit to the employee as required; or

             (b)  paragraph 201.57(1)(b) of the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act for a determination as to whether a person or organization has taken or threatened to take reprisal action against the employee.

             (3)  Section 17 of the Labour Relations Act is amended by adding immediately after subsection (5) the following:

          (5.1)  A person who is, or a union representing an employee who is, aggrieved by a decision or order of

             (a)  a special officer under section 201.89 or subsections 201.90(1) or (2) of the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act; or

             (b)  the chief safety officer under subsection 201.43(1) or (2),  201.47(10), 201.51(11) or section 201.89 or subsections 201.90(1) or (2) or 201.96(1) of the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act

may apply to the board under section 201.97 of the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act for a confirmation, variation or revocation of the officer's decision and the board may make an order that a health and safety officer has the power to make under subsection 201.90(1) or (2) of the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act where it is related to the subject matter of the decision or order being appealed and the board is satisfied that the danger still exists.

             (4)  Section 18 of the Labour Relations Act is amended by deleting the word "and" at the end of paragraph (l), by deleting the period at end of paragraph (m) and substituting a semi-colon, and by adding immediately after paragraph (m) the following:

             (n)  make orders upon employers, providers of services, a person or an organization respecting a matter referred to it under the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act; and

             (o)  confirm, vary or revoke an order or decision of a health and safety officer under section 201.89 or subsections 201.90(1) or (2) of the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act or the chief safety officer under subsections 201.43(1) or (2), 201.47(10), 201.51(11) or section 201.89 or subsections 201.90(1) or (2) or 201.96(1) of the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act.

RSNL1990 cW-11
Amdt.

      42. (1) Section 20.1 of the Workplace Health, Safety and Compensation Act is repealed and the following substituted:

Application of part

   20.1 (1) This Part applies to workplaces to which, and to workers and employers to whom, the Occupational Health and Safety Act or Part III.1 of the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act applies.

             (2)  Notwithstanding section 2, words used in this Part that are defined in the Occupational Health and Safety Act have the meaning given to them by that Act.

             (3)  Notwithstanding subsection (2), where a workplace is situated within the offshore area, as defined in the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act, words used in this Part that are defined in Part III.1 of that Act have the meaning given to them by that Act.

             (2)  Paragraph 20.2(c) of the Workplace Health, Safety and Compensation Act is repealed and the following substituted:

             (c)  provide services to occupational health and safety committees, worker health and safety representatives and workplace health and safety designates established or appointed under the Occupational Health and Safety Act and coordinators  and committees designated or established under Part III.1 of the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act;

             (3)  The Workplace Health, Safety and Compensation Act is amended by adding immediately after section 20.3 the following:

Cooperation between commission and Canada-Newfoundland and Labrador Offshore Petroleum Board

20.04 The commission shall co-operate with the Canada-Newfound­land and Labrador Offshore Petroleum Board, including the provision of information to the board, where it is necessary to give effect to this Part and Part III.1 of the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act.

Commencement

      43. This Act comes into force on a day to be proclaimed by the Lieutenant-Governor in Council.