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St. John's, Newfoundland and Labrador, Canada

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Newfoundland and Labrador
Regulation 2014


NEWFOUNDLAND AND LABRADOR REGULATION 102/14

NEWFOUNDLAND AND LABRADOR
REGULATION 102/14

Transitional Regulations
under the
Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act
(O.C. 2014-369)

(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 St. John’s, December 17, 2014.

Julia Mullaley
Clerk of the Executive Council

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 (Canada);

             (b)  Canada-Newfoundland and Labrador Offshore Marine Installations and Structures Transitional Regulations (Canada); and

             (c)  Canada-Newfoundland and Labrador Offshore Area Diving Operations Safety Transitional Regulations (Canada).

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.