Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act (S.C. 1988, c. 28)

Act current to 2016-08-15 and last amended on 2016-02-27. Previous Versions

Marginal note:Application by employer or provider of services
  •  (1) An employer or a provider of services may apply in writing to an occupational health and safety officer for a determination as to whether

    • (a) an employee has received wages and benefits under subsection 210.052(3) knowing that no circumstances existed that would warrant the employee’s refusal, under section 210.05, to perform an activity; or

    • (b) an employee has received wages and benefits under subsection 210.055(3) knowing that no circumstances existed that would warrant the employee’s refusal, under section 210.054 to be transported.

  • Marginal note:Time limit

    (2) The application shall be made within 30 days after all avenues of redress have been exhausted by the employee.

  • Marginal note:Burden of proof

    (3) The burden of proving that no circumstances existed that would warrant the refusal by the employee is on the employer or the provider of services.

  • 2014, c. 13, s. 84.
Marginal note:Notice of decision

 If an occupational health and safety officer dismisses an application made under subsection 210.064(1), the officer shall immediately give notice of the decision to the applicant, the Chief Safety Officer and the operator, as well as to the employee who is the subject of the application.

  • 2014, c. 13, s. 84.
Marginal note:Notice of decision

 If an occupational health and safety officer determines that an employee has received wages and benefits under subsection 210.052(3) or 210.055(3) knowing that no circumstances existed that would warrant the refusal by the employee under section 210.05 to perform an activity, or the refusal by the employee under section 210.054 to be transported, as the case may be, the officer shall immediately give notice of the decision to the applicant, the Chief Safety Officer and the operator, as well as to the employee who is the subject of the application.

  • 2014, c. 13, s. 84.

Activities of Board

Marginal note:Research, studies and programs
  •  (1) The Board may, for the purposes of this Part,

    • (a) undertake research into the causes of and the means of preventing or reducing occupational injury and illness;

    • (b) cause studies to be made into occupational health and safety;

    • (c) publish the results of the research or studies;

    • (d) compile, prepare and disseminate information related to occupational health and safety obtained from the research and studies;

    • (e) implement programs to prevent or reduce occupational injury and illness; and

    • (f) implement — in accordance with the regulations, if any — programs for medical monitoring and examination related to occupational health and safety, request any employer to do so or appoint any medical practitioner qualified in occupational medicine to do so.

  • Marginal note:Consent for medical monitoring or examination

    (2) For the purposes of paragraph (1)(f), medical monitoring or examination of an employee may be conducted only with the employee’s written consent.

  • Marginal note:Cooperation with governments, etc.

    (3) The Board may carry out the activities described in paragraphs (1)(a), (e) and (f) in conjunction with any department or agency of the Government of Canada, the government of any province or a foreign government, or with any other organization that carries out similar activities.

  • 2014, c. 13, s. 84.
Marginal note:Guidelines and interpretation notes
  •  (1) The Board may issue and publish, in any manner that it considers appropriate, guidelines and interpretation notes with respect to the application and administration of this Part.

  • Marginal note:Not statutory instruments

    (2) The guidelines and interpretation notes are not statutory instruments for the purposes of the Statutory Instruments Act.

  • 2014, c. 13, s. 84.

Authorization

Marginal note:Recommendation of Chief Safety Officer
  •  (1) On receipt under subsection 142(3.1) of an application for an authorization, or to amend an authorization, the Chief Safety Officer shall

    • (a) consider the potential impact of the work or activity to be authorized on the health and safety of employees engaged in the work or activity; and

    • (b) make a written recommendation to the Board on the matters considered.

  • Marginal note:Board to take recommendation into account

    (2) In deciding whether to issue or amend an authorization, the Board shall take into account the recommendation of the Chief Safety Officer.

  • Marginal note:Authorization  — occupational health and safety

    (3) In addition to any requirement or approval determined by the Board under Part III to which an authorization is subject, the authorization is also subject to any requirements and approvals, not inconsistent with the provisions of this Act or the regulations, that the Board determines relate to occupational health and safety.

  • 2014, c. 13, s. 84.

Substitutions

Marginal note:Powers of Chief Safety Officer  — workplace
  •  (1) The Chief Safety Officer may, on application, permit the use at a workplace, for a specified time and subject to specified conditions, of specified equipment, methods, measures, standards or other things, in lieu of any required by regulations made under this Part, if he or she is satisfied that protection of the health and safety of employees at the workplace would not be diminished and the granting of the permission is not otherwise prohibited by regulation.

  • Marginal note:No contravention

    (2) The regulations are not considered to be contravened if there is compliance with a permission under subsection (1).

  • Marginal note:Application

    (3) The application shall

    • (a) be in a form acceptable to the Chief Safety Officer;

    • (b) include information with respect to the consequences to health and safety that might reasonably be anticipated if the permission is granted; and

    • (c) be accompanied by technical information sufficient to enable the Chief Safety Officer to make a decision on the application.

  • Marginal note:Public notice

    (4) On receipt of the application, the Chief Safety Officer shall make it available to the public in a manner that he or she considers advisable, together with a notice that submissions may be made to him or her for a period of 30 days — or any shorter period fixed by him or her with the agreement of the applicable workplace committee — after the day on which the application has been made available.

  • Marginal note:Notice at workplace

    (5) If the application is made in respect of an existing workplace, the applicant shall give a copy of the application to the operator. An operator shall, immediately after it receives or makes an application relating to an existing workplace

    • (a) post a copy of it in printed form in a prominent place at the workplace; and

    • (b) provide a copy to any committee established for that workplace and to any union representing employees within the offshore area.

  • Marginal note:Decision

    (6) The Chief Safety Officer shall, as soon as possible after the end of the period referred to in subsection (4), inform, in a manner that he or she considers advisable, the applicant, the operator and the public of the decision made on the application.

  • Marginal note:Reconsideration of decision

    (7) The Chief Safety Officer may, on his or her own initiative or on application by the applicant for the permission under subsection (1), reconsider, confirm, vary, revoke or suspend a decision made on the application at any time if information is made available that, had it been known when the decision was made, would reasonably be expected to have resulted in a different decision from the one made at that time. In that case, subsections (1) to (6) apply with the necessary modifications.

  • 2014, c. 13, s. 84.
Marginal note:Powers of Chief Safety Officer  — passenger craft
  •  (1) The Chief Safety Officer may, on application by an operator, permit the use on a passenger craft, or the use in respect of employees or other passengers being transported on a passenger craft, for a specified time and subject to specified conditions, of specified equipment, methods, measures, standards or other things, in lieu of any required by regulations made under this Part, if the granting of the permission is not otherwise prohibited by regulation made under this Part and if he or she is satisfied that protection of the health and safety of the employees or other passengers being transported would not be diminished.

  • Marginal note:No contravention

    (2) The regulations are not considered to be contravened if there is compliance with a permission under subsection (1).

  • Marginal note:Application

    (3) The application shall

    • (a) be in a form acceptable to the Chief Safety Officer;

    • (b) include information with respect to the consequences to health and safety that might reasonably be anticipated if the permission is granted;

    • (c) be accompanied by technical information sufficient to enable the Chief Safety Officer to make a decision on the application; and

    • (d) be accompanied by documentation issued by the Minister of Transport indicating that if the permission is granted, it would not contravene any Act or law that applies to the operation of a passenger craft.

  • Marginal note:Public notice

    (4) On receipt of the application, the Chief Safety Officer shall make it available to the public in a manner that he or she considers advisable, together with a notice that submissions may be made to him or her for a period of 30 days — or any shorter period fixed by him or her with the agreement of each workplace committee established by the operator — after the day on which the application has been made available.

  • Marginal note:Notice at workplace

    (5) An operator shall, immediately after it makes an application, post a copy of it in printed form in a prominent place at each of its workplaces, and provide a copy to any committee established for that workplace.

  • Marginal note:Decision

    (6) The Chief Safety Officer shall, as soon as possible after the end of the period referred to in subsection (4), inform, in a manner that he or she considers advisable, the operator and the public of the decision made on the application.

  • Marginal note:Reconsideration of decision

    (7) The Chief Safety Officer may, on his or her own initiative or on application by the operator who requested a permission under subsection (1), reconsider, confirm, vary, revoke or suspend a decision made on the application at any time when information is made available that, had it been known when the decision was made, would reasonably be expected to have resulted in a different decision from the one made at that time. In that case, subsections (1) to (6) apply with the necessary modifications.

  • 2014, c. 13, s. 84.
 
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