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

Act current to 2016-01-25 and last amended on 2015-06-19. Previous Versions

Audits and Inquiries

Marginal note:Appointment of auditor
  •  (1) The Federal Minister or the Provincial Minister, or both, may appoint any individual as auditor to measure and report on the effectiveness of the Board in carrying out its duties and functions under this Part. A report of the audit shall be made, as soon as practicable, to each of those Ministers and the Board.

  • Marginal note:Access to information

    (2) The auditor is entitled to free access at all convenient times to information that relates to the fulfilment of their responsibilities and is also entitled to require and receive from the Board and from any persons or committees having duties or functions under this Part any information — including reports — and explanations that they consider necessary for that purpose.

  • Marginal note:Inquiries

    (3) The auditor may examine any individual on oath on any matter pertaining to the effectiveness of the Board in carrying out its duties and functions under this Part and, for the purposes of an examination, may exercise all the powers of a commissioner under Part I of the Inquiries Act.

  • Marginal note:Secondary release of information

    (4) Information — including reports — and explanations disclosed to the auditor under subsection (2) shall not be further disclosed by the auditor without the consent in writing of the person to whom it relates.

  • Marginal note:Consideration of report

    (5) The Board shall consider the report of the audit and, within 60 days after the day on which the Board receives the report, it shall send to the auditor its written response to the report, and send a copy of that response to the Federal Minister and the Provincial Minister.

  • Marginal note:Cost of audit

    (6) If the Federal Minister and the Provincial Minister jointly appoint the auditor, they may also jointly agree, with the consent in writing of the Provincial Minister as defined in section 2, to require the cost of the audit to be borne by the Board. If only one of those Ministers appoints the auditor, that Minister shall pay the cost of the audit.

  • 2014, c. 13, s. 45.
Marginal note:Inquiries
  •  (1) The Federal Minister, the Provincial Minister, the Federal Minister jointly with the Provincial Minister or the Board may appoint one or more individuals to inquire into and report on occupational health and safety matters that are related to employment to which this Part applies.

  • Marginal note:Powers of appointee

    (2) An individual who is appointed by the Federal Minister, by the Federal Minister jointly with the Provincial Minister or by the Board has all the powers of a person appointed as a commissioner under Part I of the Inquiries Act, and the powers that may be conferred on a commissioner under section 11 of that Act.

  • Marginal note:Witnesses

    (3) Every witness who attends and gives evidence at an inquiry under this section is entitled to be paid reasonable travel and living expenses incurred by the witness in doing so and the witness fees prescribed in the tariff of fees in use in the Trial Division of the Supreme Court of Newfoundland and Labrador.

  • Marginal note:Consideration of report

    (4) Once the Board receives a copy of the report, it shall consider the report and shall, within 60 days after the day on which it is received, send to the Federal Minister and the Provincial Minister its written response to the report.

  • Marginal note:Directions to Board

    (5) If one or more individuals are appointed by a Minister or Ministers under subsection (1) in respect of a matter, the Minister or Ministers making the appointment may, if that Minister or those Ministers determine that an inquiry is being conducted under section 165 in respect of the same matter, direct that the Board terminate that inquiry and provide to that individual or those individuals any records or evidence collected in respect of the matter.

  • Marginal note:Directions binding

    (6) The Board shall comply with a direction made under subsection (5).

  • Marginal note:Costs of inquiry

    (7) If the Federal Minister and the Provincial Minister jointly appoint the individual or individuals under subsection (1), they may also jointly agree, with the consent in writing of the Provincial Minister as defined in section 2, to require the cost of the inquiry to be borne by the Board. If only one of those Ministers appoints an individual or individuals under that subsection, that Minister shall pay the cost of the inquiry.

  • 2014, c. 13, s. 45.

Documents in Electronic or Other Form

Marginal note:Definitions

 The definitions in this section apply in this section and sections 205.122 and 205.123.

electronic document

document électronique

electronic document means any form of representation of information or of concepts fixed in any medium in or by electronic, optical or other similar means and that can be read or perceived by an individual or by any means. (document électronique)

information system

système d’information

information system means a system used to generate, send, receive, store or otherwise process an electronic document. (système d’information)

  • 2014, c. 13, s. 45.
Marginal note:Use not mandatory

 No provision of this Part or of the regulations made under this Part requires an electronic document to be created or provided.

  • 2014, c. 13, s. 45.
Marginal note:Creation of information in writing
  •  (1) A requirement under this Part that a notice, document or other information be created in writing is satisfied by the creation of an electronic document if

    • (a) the information in the electronic document is accessible so as to be usable for subsequent reference; and

    • (b) the regulations pertaining to this subsection, if any, have been complied with.

  • Marginal note:Provision of information

    (2) A requirement under this Part that a notice, document or other information be provided under this Part, whether or not it is required to be provided in writing, is satisfied by the provision of an electronic document if

    • (a) the addressee has designated an information system for the receipt of the electronic document;

    • (b) the electronic document is provided to the designated information system, unless otherwise prescribed;

    • (c) the information in the electronic document is accessible by the addressee and capable of being retained by them, so as to be usable for subsequent reference; and

    • (d) the regulations pertaining to this subsection, if any, have been complied with.

  • Marginal note:Requirement for consent

    (3) If a consent is required to be given in writing under this Part, the requirement is satisfied by the provision of an electronic document that signifies that consent has been given if

    • (a) the addressee has designated an information system for the receipt of the electronic document;

    • (b) the electronic document is provided to the designated information system, unless otherwise prescribed;

    • (c) the information in the electronic document that signifies that consent has been given is accessible by the addressee and capable of being retained by them, so as to be usable for subsequent reference; and

    • (d) the regulations pertaining to this subsection, if any, have been complied with.

  • Marginal note:Exceptions

    (4) Despite subsection (2), the reasons referred to in subsection 205.059(5) and the decision referred to in subsection 205.099(3) shall be provided in writing.

  • 2014, c. 13, s. 45.
 
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