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

Act current to 2016-06-06 and last amended on 2016-02-27. Previous Versions

PART III.1Occupational Health and Safety

Interpretation

Marginal note:Definitions
  •  (1) The following definitions apply in this Part.

    authorization

    autorisation

    authorization means an authorization issued under paragraph 138(1)(b). (autorisation)

    Chief Safety Officer

    délégué à la sécurité

    Chief Safety Officer means the person designated as the Chief Safety Officer under section 140. (délégué à la sécurité)

    committee

    comité

    committee means a special committee and a workplace committee. (comité)

    coordinator

    coordonnateur

    coordinator means an employee designated under subsection 205.045(1) to act as an occupational health and safety coordinator. (coordonnateur)

    declaration

    déclaration

    declaration means a declaration referred to in subsection 139.1(1). (déclaration)

    employee

    employé

    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. (employé)

    employer

    employeur

    employer means a person who employs or contracts for the services of any individual in respect of a work or activity for which an authorization has been issued, if that person has the power to exercise direction and control over the individual’s work at the workplace. (employeur)

    hazardous substance

    substance dangereuse

    hazardous substance includes a controlled product and any 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. (substance dangereuse)

    health and safety officer

    agent de santé et de sécurité

    health and safety officer means an occupational health and safety officer or a special officer. (agent de santé et de sécurité)

    interest holder

    Version anglaise seulement

    interest holder has the same meaning as in section 47. (Version anglaise seulement)

    marine installation or structure

    ouvrage en mer

    marine installation or structure

    • (a) includes

      • (i) any ship, including any ship used for construction, production or diving or for geotechnical or seismic work,

      • (ii) any offshore drilling unit, including a mobile offshore drilling unit,

      • (iii) any production platform, subsea installation, pipeline as defined in section 135, pumping station, living accommodation, storage structure or loading or landing platform, and

      • (iv) any other work, or work within a class of works, prescribed under paragraph (4)(a); but

    • (b) does not include

      • (i) any vessel, including any supply vessel, standby vessel, shuttle tanker or seismic chase vessel, that provides any supply or support services to a ship, installation, structure, work or anything else described in paragraph (a), unless the vessel is within a class of vessels that is prescribed under paragraph (4)(b), or

      • (ii) any ship or vessel within a class of ships or vessels prescribed under paragraph (4)(c). (ouvrage en mer)

    Newfoundland and Labrador social legislation

    lois sociales

    Newfoundland and Labrador social legislation means the provisions of the following Acts, as those Acts are amended from time to time: the Communicable Diseases Act, R.S.N.L. 1990, c. C-26, the Food and Drug Act, R.S.N.L. 1990, c. F-21, the Health and Community Services Act, S.N.L. 1995, c. P-37.1, the Human Rights Act, 2010, S.N.L. 2010, c. H-13.1, the Labour Standards Act, R.S.N.L. 1990, c. L-2, the Public Safety Act, S.N.L. 1996, c. P-41.01, the Radiation Health and Safety Act, R.S.N.L. 1990, c. R-1, and the Workplace Health, Safety and Compensation Act, R.S.N.L. 1990, c. W-11. (lois sociales)

    occupational health and safety officer

    agent de santé et de sécurité au travail

    occupational health and safety officer means an individual designated by the Federal Minister under section 205.071. (agent de santé et de sécurité au travail)

    operator

    exploitant

    operator means a person who holds an authorization. (exploitant)

    owner

    propriétaire

    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 any entity in which the person has vested all or any part of their right, title or interest. (propriétaire)

    passenger craft

    véhicule de transport

    passenger craft means any aircraft or vessel used to transport employees to or from a workplace while — and immediately before — it is transporting them. (véhicule de transport)

    person

    personne

    person includes individuals, corporations and partnerships. (personne)

    personal protective equipment

    équipement de protection personnelle

    personal protective equipment includes personal protective clothing, personal protective devices and personal protective materials. (équipement de protection personnelle)

    provider of services

    fournisseur de services

    provider of services means a person who, for commercial gain,

    • (a) provides services 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

    • (b) provides services 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 139.2(6), or the services of any person who provides information or advice, issues a certificate or affixes a professional seal or stamp. (fournisseur de services)

    provincial labour relations board

    Version anglaise seulement

    provincial labour relations board means the Labour Relations Board continued under the Labour Relations Act, R.S.N.L. 1990, c. L-1, as amended from time to time. (Version anglaise seulement)

    Provincial Minister

    ministre provincial

    Provincial Minister means the minister of the government of the Province who is responsible for occupational health and safety. (ministre provincial)

    special committee

    comité spécial

    special committee means a special committee established under section 205.046. (comité spécial)

    special officer

    agent spécial

    special officer means an individual designated under section 205.072. (agent spécial)

    supervisor

    superviseur

    supervisor means an employee who is in charge of a workplace or part of a workplace or who has authority over other employees. (superviseur)

    supplier

    fournisseur de biens

    supplier means a person who, for commercial gain, manufactures, supplies, sells, leases, distributes or installs any tool, equipment, machine or device, any biological, chemical, or physical agent or any other prescribed thing, to be used at a workplace or on a passenger craft. (fournisseur de biens)

    union

    syndicat

    union means a trade union as defined in the Labour Relations Act, R.S.N.L. 1990, c. L-1, as amended from time to time, that has the status of a bargaining agent under that Act in respect of any bargaining unit at a workplace, or any organization representing employees that has exclusive bargaining rights under any other Act of the Legislature of the Province in respect of those employees. (syndicat)

    workplace

    lieu de travail

    workplace means

    • (a) any marine installation or structure where an employee is employed in connection with a work or activity for which an authorization has been issued;

    • (b) any 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) any dive site from which, and any 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. (lieu de travail)

    workplace committee

    comité du lieu de travail

    workplace committee means a workplace committee established under section 205.043. (comité du lieu de travail)

  • Marginal note:Hazardous Products Act definitions

    (2) In this Part, controlled product, hazard symbol, Ingredient Disclosure List, label and material safety data sheet have the same meanings as in section 2 and subsection 11(1) of the Hazardous Products Act. Subsection 11(2) of that Act also applies for the purposes of this Part.

  • Marginal note:Regulations

    (3) Subject to section 7 and on the recommendation of the Federal Minister and the Minister of Labour, the Governor in Council may make regulations

    • (a) defining danger, dive site, diving operation and incident for the purposes of this Part; and

    • (b) amending the definition Newfoundland and Labrador social legislation in subsection (1) to add any Act of the Legislature of the Province or to remove any Act from the definition.

  • Marginal note:Regulations

    (4) Subject to section 7 and on the recommendation of the Federal Minister, the Minister of Labour and the Minister of Transport, the Governor in Council may make regulations

    • (a) prescribing a work or a class of works for the purposes of subparagraph (a)(iv) of the definition marine installation or structure in subsection (1);

    • (b) prescribing a class of vessels for the purposes of subparagraph (b)(i) of the definition marine installation or structure in subsection (1); and

    • (c) prescribing a class of ships or vessels for the purposes of subparagraph (b)(ii) of the definition marine installation or structure in subsection (1).

  • Marginal note:Employees in transit

    (5) For the purposes of sections 205.005, 205.007 and 205.008, an employee is deemed to be at a workplace within the offshore area 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.

  • 2014, c. 13, s. 45.
 
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