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Newfoundland and Labrador
Transitional
Regulations (Filed December 17, 2014) Under the authority of section 201.120 of the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act, the Lieutenant-Governor in Council makes the following regulations. Dated at Julia Mullaley REGULATIONS Analysis 1. Short title 2. Adoption of regulations 3. Exemptions 4. Sunset clause 5. Commencement Short title 1. These regulations may be cited as the Transitional Regulations. Adoption of regulations 2. The following regulations are adopted: (a) Canada-Newfoundland
and Labrador Offshore Marine Installations and Structures Occupational Health
and Safety Transitional Regulations ( (b) Canada-Newfoundland
and Labrador Offshore Marine Installations and Structures Transitional
Regulations ( (c) Canada-Newfoundland
and Labrador Offshore Area Diving Operations Safety Transitional Regulations
( Exemptions 3. (1) The chief safety officer may, on
application, grant an exemption in respect of a workplace, or grant an
exemption to an operator in respect of passengers being transported on a
passenger craft to or from any of its workplaces, for a specified time and
subject to specified conditions, from any requirement in respect of equipment, methods,
measures or standards that is set out in the Canada-Newfoundland and Labrador Offshore Marine Installations and
Structures Occupational Health and Safety Transitional Regulations (Canada),
the Canada-Newfoundland and Labrador
Offshore Marine Installations and Structures Transitional Regulations
(Canada) or the Canada-Newfoundland and
Labrador Offshore Area Diving Operations Safety Transitional Regulations (Canada),
if satisfied that the health and safety of employees at the workplace or
passengers on the passenger craft will be maintained without compliance with
the requirement. (2) These regulations are not considered to be contravened if there is
compliance with an exemption 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 exemption 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 that he or she fixes 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 or to a passenger craft (a) post a copy of the application in printed form in a prominent place at the applicable workplace; and (b) provide a copy to any committee established for that workplace and
to any 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), give to the applicant and the operator a
copy of the decision made on the application, and make the decision available to
the public in a manner that he or she considers advisable. (7) The chief safety officer may, on his or her own initiative or on
application by the applicant for the exemption under subsection (1), reconsider,
confirm, vary, revoke or suspend a decision made in respect of 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. (8) Words and expressions used in this section have the same meaning
as in subsection 201.1(1) of the Act. Sunset clause 4. These regulations shall cease to have effect 5 years after they come into force. Commencement 5. These
regulations come into force on December 31, 2014. ©Queen's Printer |