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

Act current to 2015-06-22 and last amended on 2015-06-19. Previous Versions

Operational Safety Officers and Conservation Officers

Marginal note:Operational safety officers
  •  (1) Subject to subsection (4), the Federal Minister and the Provincial Minister shall jointly designate as an operational safety officer for the purposes of the administration and enforcement of this Part an individual who has been recommended by the Board. The Ministers shall make the designation within 30 days after the day on which they receive the name of the individual from the Board.

  • Marginal note:Conservation officers

    (2) Subject to subsection (4), the Federal Minister and the Provincial Minister shall jointly designate as a conservation officer for the purposes of the administration and enforcement of this Part an individual who has been recommended by the Board. The Ministers shall make the designation within 30 days after the day on which they receive the name of the individual from the Board.

  • Marginal note:Notice of designation

    (3) The Ministers shall, without delay after making a designation, notify the Board, in writing, that the designation has been made.

  • Marginal note:Restriction

    (4) The Ministers shall not designate an individual if they are not satisfied that the individual is qualified to exercise the powers and carry out the duties and functions of an operational safety officer or a conservation officer, as the case may be, under this Part. If an individual is not designated, the Ministers shall without delay notify the Board of it, in writing.

  • Marginal note:Indemnification

    (5) An individual designated under subsection (1) or (2) who is not an employee of the Board is deemed to be an officer for the purposes of section 16.

  • 1987, c. 3, s. 188;
  • 1992, c. 35, s. 80;
  • 2014, c. 13, s. 33.
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.