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

Marginal note:Non-disclosure of identity

205.085 Subject to section 205.088, no individual to whom information obtained under this Part is communicated in confidence shall disclose the identity of the individual who provided it except for the purposes of this Part, and no individual who obtains such information in confidence is competent or compellable to disclose the identity of the individual who provided it before any court or other tribunal except by order of the court or tribunal on any terms and conditions that the court or tribunal considers just.

Marginal note:Non-disclosure of trade secrets

• 205.086 (1) Subject to subsections (2) and 205.088(1), trade secrets that become known to a health and safety officer who enters a place under subsection 205.073(3), or to an individual accompanying or a person assisting the officer, are privileged and shall not be disclosed except for the purposes of this Part, or for the purposes of Part III as it relates to safety.

• Marginal note:Information on hazardous products and materials

  (2) Information that, under the Hazardous Materials Information Review Act, a person is exempt from disclosing under paragraph 205.022(d) or (e) or under paragraph 13(a) or (b) of the Hazardous Products Act, and that is obtained by a health and safety officer who enters a place under subsection 205.073(3), or by an individual accompanying or a person assisting the officer, is privileged and, despite the Access to Information Act or any other Act or law, shall not be disclosed to any other person except for the purposes of this Part, or for the purposes of Part III as it relates to safety.

• Marginal note:Secondary release of information

  (3) Subject to subsection 205.088(2), information disclosed under subsection (1) or (2) shall not be further disclosed by the recipient, except for the purpose for which it was disclosed to them.

Marginal note:Disclosure by Chief Safety Officer

• 205.087 (1) Despite section 119, the Chief Safety Officer may disclose information — other than information relating to the medical history of an identifiable individual or other prescribed information relating to an identifiable individual, an individual’s identity the disclosure of which is restricted under section 205.085 or information the disclosure of which is restricted under section 205.086 — related to occupational health and safety that he or she obtains in his or her capacity as Chief Safety Officer to officials of the federal government, a provincial government or a foreign government, or of an agency of any of those governments, for the purposes of a federal or provincial law or activity or a foreign law, if the Officer is satisfied that disclosure is in the interest of health and safety and the information is disclosed subject to any conditions agreed upon by the Officer and the government or agency.

• Marginal note:Disclosure by federal government or agency

  (2) Officials of the federal government or of an agency of the federal government may for the purposes of this Part disclose information related to occupational health and safety — other than information relating to the medical history of an identifiable individual or other prescribed information relating to an identifiable individual — to the Chief Safety Officer, if they are satisfied that disclosure is in the interest of health and safety and it is disclosed subject to any conditions agreed upon by the federal government or agency and the Officer.

• Marginal note:Secondary release of information

  (3) Information disclosed under subsection (1) or (2) shall not be further disclosed by the recipient without the consent in writing of the person who disclosed it to them, unless it is disclosed for the same purposes and subject to the conditions referred to in that subsection.

Marginal note:Access to information by governments

• 205.088 (1) The Federal Minister and the Provincial Minister are entitled to access to any information that is recorded in any form — other than information relating to the medical history of an identifiable individual or information the disclosure of which is restricted under subsection 205.086(2) — if the record is under the control of the Board and the information relates to this Part, and that information shall, on the request of either Minister, be disclosed to that Minister without requiring the consent in writing of the person to whom the information relates.

• Marginal note:Secondary release of information

  (2) Information disclosed to either Minister under subsection (1) shall not be further disclosed by that Minister without the consent in writing of the person to whom it relates except for the purposes of this Part or for the purposes of Part III as it relates to safety.

Marginal note:Disclosure by Board

205.089 Despite section 119, the Board may, after consulting with the Chief Safety Officer, disclose information under its control that relates to this Part — other than information relating to the medical history of an identifiable individual or other prescribed information relating to an identifiable individual, an individual’s identity the disclosure of which is restricted under section 205.085 or information the disclosure of which is restricted under section 205.086 — if the Board is satisfied that the public interest in making the disclosure clearly outweighs any potential harm resulting from the disclosure.

Proceedings

Marginal note:Privilege

• 205.09 (1) No health and safety officer and no individual who has accompanied or person who has assisted the officer in carrying out the officer’s duties or functions may be required to give testimony in civil or administrative proceedings, other than proceedings under this Part, relating to information obtained in the exercise of the officer’s powers or in the carrying out of the officer’s duties or functions or in accompanying or assisting the officer, except with the written permission of the Board.

• Marginal note:Non-application of section 205.084

  (2) If a person to whom subsection (1) applies is required to give testimony in civil or administrative proceedings for which they have the written permission referred to in that subsection, section 205.084 does not apply to restrict the disclosure of the results described in that section.

• Marginal note:Privilege

  (3) No person shall be required to produce or give evidence in any civil or administrative proceeding relating to any information disclosed to them under subsection 205.087(1) or (2) or 205.088(1).

Marginal note:No action against health and safety officer

205.091 No action lies against

• (a) a health and safety officer for anything done or omitted to be done by them in good faith while carrying out their duties or functions under this Part; or

• (b) an individual accompanying or a person assisting a health and safety officer for anything done or omitted to be done by them in good faith while carrying out their duties or functions under this Part.

Orders and Decisions

Marginal note:Order to terminate contravention

205.092 A health and safety officer who is of the opinion that a provision of this Part or of the regulations made under this Part is being contravened or has recently been contravened by any person may order the person to

• (a) terminate the contravention within the time that the officer specifies; and

• (b) take measures specified by the officer, within the period that they specify, to ensure that the contravention does not continue or reoccur.

Marginal note:Dangerous situations — order

• 205.093 (1) If a health and safety officer is of the opinion that the performance of an activity — including the use or operation of any thing or the conditions under which an activity is performed — constitutes a danger to an employee or other individual at a workplace or a passenger on a passenger craft, the officer shall order any person to take measures, immediately or within the period that the officer specifies

  • (a) to correct the hazard or condition, or to alter the activity, that constitutes the danger; or

  • (b) to protect any individual from the danger.

• Marginal note:Dangerous situations — additional order

  (2) If a health and safety officer is of the opinion that the measures cannot be taken immediately, the officer may order any person not to use a place, operate a thing or perform an activity to which an order under subsection (1) relates until that order is complied with.

• Marginal note:Necessary measures

  (3) Nothing in subsection (2) prevents the doing of anything necessary to comply with the order under subsection (1).

• Marginal note:Posting notice of danger

  (4) If a health and safety officer makes an order under subsection (2), the officer shall post or affix or cause to be posted or affixed to or near the place or thing to which the order relates, or in the area in which the activity to which the order relates is performed, a notice in the form, and containing the information, that the officer may specify, and no person shall remove the notice unless they are authorized by a health and safety officer to do so.

• Marginal note:Cessation of use

  (5) If a health and safety officer makes an order under subsection (2), the person to whom the order is directed shall cause the use or operation of the place or thing or the performance of the activity to be discontinued, and no individual shall use or operate the place or thing or perform the activity until the order under subsection (1) is complied with.

Marginal note:Copy of order

• 205.094 (1) A health and safety officer shall give a copy of any order they make under section 205.092 or subsection 205.093(1) or (2) to the person to whom it is directed and to the operator to whom the order relates. If a special officer makes the order, they shall give a copy of it to the Chief Safety Officer also.

• Marginal note:Copy to affected employee

  (2) If an occupational health and safety officer makes an order under section 205.092 or subsection 205.093(1) or (2) as a result of being notified under subsection 205.049(4), 205.05(6) or 205.054(6), or decides after being so notified not to make an order, the officer shall, as soon as possible, give a copy of the order, or written notice of the decision, to the employee who made the report under subsection 205.049(1) or who exercised their rights under section 205.05 or 205.054.

• Marginal note:Confirmation in writing

  (3) If an order is made orally under section 205.092 or subsection 205.093(1) or (2), it shall be confirmed in writing and a copy given, as soon as possible, to the persons who, under subsections (1) and (2), are required to be given a copy.

• Marginal note:When order may be made

  (4) A health and safety officer may make an order under section 205.092 or subsection 205.093(1) or (2) even if the officer is not physically present in the place to which the order refers.