Canada–Newfoundland and Labrador Atlantic Accord Implementation Act (S.C. 1987, c. 3)

Act current to 2016-09-18 and last amended on 2016-02-27. Previous Versions

Marginal note:Orders for verifying compliance
  •  (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 any person in charge of a place that is used for any work or activity in respect of which this Part applies or any other place in which that officer has reasonable grounds to believe that there is anything to which this Part applies

    • (a) to inspect anything in the place;

    • (b) to pose questions, or conduct tests or monitoring, in the place;

    • (c) to take photographs or measurements, or make recordings or drawings, in the place;

    • (d) to accompany or assist the officer while the officer is in the place;

    • (e) to produce a document or another thing that is in their possession or control, or to prepare and produce a document based on data or documents that are in their possession or control, in the form and manner that the officer may specify;

    • (f) to provide, to the best of their knowledge, information relating to any 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) to ensure that all or part of the place, or anything located in the place, that is under their control, not be disturbed for a reasonable period specified by the officer pending the exercise of any powers under this section; and

    • (h) to 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.

  • Marginal note:Powers on entry

    (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 189.2, enter a place that is used for any work or activity in respect of which this Part applies or any other 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 any 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 any copying equipment in the place, or cause it to be used, to make copies;

    • (i) be accompanied while in the place by any individual, or be assisted while in the place by any person, that the officer considers necessary; and

    • (j) meet in private with any individual in the place, with the agreement of that individual.

  • Marginal note:Clarification

    (3) For greater certainty, an officer who has entered a place under subsection (2) may order any individual in the place to do anything described in paragraphs (1)(a) to (h).

  • Marginal note:Return of things removed

    (4) Anything removed under paragraph (1)(h) or (2)(d) for examination, testing or copying shall, if 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.

  • 1987, c. 3, s. 189;
  • 1992, c. 35, s. 80;
  • 2014, c. 13, s. 33.
Marginal note:Reports provided to holder of authorization

 An operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer, as the case may be, 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 any place that is used for a work or activity for which the authorization is issued.

  • 2014, c. 13, s. 33.
Marginal note:Entering living quarters
  •  (1) If the place referred to in subsection 189(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, if on a marine installation or structure, as defined in subsection 205.001(1), are in a structurally sound condition.

  • Marginal note:Notice

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

  • Marginal note:Exception

    (3) Despite subparagraph (1)(b)(ii), any 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).

  • Marginal note:Authority to issue warrant

    (4) On ex parte application, a justice of the peace 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 any conditions specified in the warrant if the justice is satisfied by information on oath that

    • (a) the living quarters are a place referred to in subsection 189(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.

  • Marginal note:Authority to open locker

    (5) The warrant may also authorize a locker described in subsection (3) to be opened, subject to any conditions specified in the warrant, if 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 that occupant.

  • Marginal note:Use of force

    (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.

  • Marginal note:Telewarrant provisions to apply

    (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 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.

  • Definition of living quarters

    (8) In this section, living quarters means sleeping quarters provided for employees, as defined in subsection 205.001(1), on a marine installation or structure, as defined in that subsection, and any room for the exclusive use of the occupants of those quarters that contains a toilet or a urinal.

  • 2014, c. 13, s. 33.
Marginal note:Certificate to be produced

 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 any place under the authority of this Part, the officer shall, if so required, produce the certificate to the person in charge of the place.

  • 1987, c. 3, s. 190;
  • 1992, c. 35, s. 80;
  • 2014, c. 13, s. 34(E).
Marginal note:Assistance to officers
  •  (1) The owner of, and every person in charge of, a place entered by an operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer under subsection 189(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 any documents, data or information that are reasonably required for that purpose.

  • Marginal note:Transportation, accommodation and food

    (2) If the place referred to in subsection 189(2) is a marine installation or structure, as defined in subsection 205.001(1), 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, between the marine installation or structure and the usual point of disembarkation on shore, and between marine installations or structures, if the marine installation or structure or marine installations or structures are situated in the offshore area; and

    • (b) suitable accommodation and food at the marine installation or structure.

  • 1987, c. 3, s. 191;
  • 1992, c. 35, s. 80;
  • 2014, c. 13, s. 35.
 
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