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Newfoundland and Labrador
Regulation 2013

NEWFOUNDLAND AND LABRADOR REGULATION 42/13

NEWFOUNDLAND AND LABRADOR
REGULATION 42/13

Workplace Health, Safety and Compensation
Regulations (Amendment)
under the
Workplace Health, Safety and Compensation Act
(O.C. 2013-078)

(Filed April 2, 2013)

Under the authority of section 40 of the Workplace Health, Safety and Compensation Act, the Lieutenant-Governor in Council makes the following regulations.

Dated at St. John's, April 1, 2013.

Robert Thompson
Clerk of the Executive Council

REGULATIONS

Analysis

        1.   Ss.15.3 to 15.6 Added
15.3 Volunteer search and
         rescue members
15.4 When search and
        rescue members are
        covered
15.5 Auxiliary constables
15.6 When auxiliary
        constables are covered

 

CNLR 1025/96
as amended

        1. The Workplace Health, Safety and Compensation Regulations are amended by adding immediately after section 15.2 the following:

Volunteer search and rescue members

   15.3 (1) In this section and section 15.4

             (a)  "CASARA-NL" means the Civil Air Search and Rescue Association of Newfoundland and Labrador; and

             (b)  "NLSARA" means the Newfoundland and Labrador Search and Rescue Association Inc.

             (2)  On the application of the Department of Justice, the commission may apply the provisions of the Act in the manner set out in section 15.4 to NLSARA or CASARA-NL.

When search and rescue members are covered

   15.4 (1) For the purpose of the Act, where the commission has admitted NLSARA or CASARA-NL

             (a)  the members of NLSARA or CASARA-NL who are designated by an official of the Department of Justice shall be considered workers; and

             (b)  the Department of Justice shall be considered the employer, for the purpose of the Act.

             (2)  The members of NLSARA or CASARA-NL are considered to be in the course of their employment from the time they leave their residence or place of employment to respond to a call as tasked by the Royal Newfoundland Constabulary or the Royal Canadian Mounted Police until they have completed those activities required to respond to that call.

             (3)  The members of NLSARA and CASARA-NL are also considered to be in the course of their employment while

             (a)  carrying out search and rescue activities including evidence searches as tasked by the Royal Newfoundland Constabulary or the Royal Canadian Mounted Police; and

             (b)  attending educational and training sessions which have been sanctioned by the Royal Newfoundland Constabulary or the Royal Canadian Mounted Police.

             (4)  The members of NLSARA and CASARA-NL are not considered to be in the course of their employment while involved in fundraising activities on behalf of NLSARA or CASARA-NL.

             (5)  The employer shall yearly, before January 1 and at the other times that the commission requires, notify the commission of the names of the members of NLSARA and CASARA-NL designated under paragraph 15.4(1)(a).

Auxiliary constables

   15.5 On the application of the Department of Justice, the commission may apply the provisions of the Act in the manner set out in section 15.6 to Royal Canadian Mounted Police auxiliary constables operating in the province.

When auxiliary constables are covered

   15.6 (1) For the purpose of the Act, where the commission has admitted the Royal Canadian Mounted Police auxiliary constables

             (a)  the auxiliary constables who are designated by an official of the Department of Justice shall be considered workers; and

             (b)  the Department of Justice shall be considered the employer, for the purpose of the Act.

             (2)  The auxiliary constables are considered to be in the course of their employment while

             (a)  carrying out duties and responsibilities of an auxiliary constable as assigned by the Royal Canadian Mounted Police; and

             (b)  attending educational and training sessions which have been sanctioned by the Royal Canadian Mounted Police.

             (3)  The employer shall yearly, before January 1 and at the other times that the commission requires, notify the commission of the names of the Royal Canadian Mounted Police auxiliary constables designated under paragraph 15.6(1)(a).

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