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

Act current to 2016-05-12 and last amended on 2016-02-27. Previous Versions

Marginal note:Storage and removal
  •  (1) A thing seized under this Part may be stored in the place where it was seized or may, at the discretion of a health and safety officer, be removed to any other place for storage. The owner of the thing or the person who is lawfully entitled to possess it shall pay the costs of storage or removal.

  • Marginal note:Perishable things

    (2) If the thing seized is perishable, a health and safety officer may destroy the thing, or otherwise dispose of it in any manner the officer considers appropriate. Any proceeds realized from its disposition shall be paid to the Receiver General.

  • 2014, c. 13, s. 84.

Non-disturbance of Scene

Marginal note:Serious injury or death
  •  (1) In the case of an incident at a workplace, or involving a passenger craft, that results in serious injury or death, no person shall, unless authorized to do so by a health and safety officer, disturb anything related to the incident except to the extent necessary to

    • (a) attend to any individuals who are injured or killed;

    • (b) prevent further injuries; or

    • (c) prevent damage to or loss of property.

  • Marginal note:Exception  — passenger craft

    (2) If an individual is killed or seriously injured by an incident involving a passenger craft, an individual who is investigating the incident under the Aeronautics Act, the Canada Shipping Act, 2001 or the Canadian Transportation Accident Investigation and Safety Board Act is not required to obtain an authorization under subsection (1).

  • 2014, c. 13, s. 84.

Disclosure of Information

Marginal note:Provision of information

 No person shall prevent an employee from providing to a health and safety officer or to the Board, or to any person or committee having duties or functions under this Part, information that they may require to carry out their duties or functions.

  • 2014, c. 13, s. 84.
Marginal note:Information not to be disclosed

 Subject to sections 210.088 to 210.09, no person shall — except for the purposes of this Part, for the purposes of a prosecution under this Part, for the purposes of Part III as it relates to safety or for the purposes of a prosecution under Part III that relates to safety — disclose the results of

  • (a) activities carried out by or on the order of a health and safety officer for the purpose of verifying compliance with this Part; or

  • (b) activities carried out under a warrant issued under this Part.

  • 2014, c. 13, s. 84.
Marginal note:Non-disclosure of identity

 Subject to section 210.089, 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.

  • 2014, c. 13, s. 84.
Marginal note:Non-disclosure of trade secrets
  •  (1) Subject to subsections (2) and 210.089(1), trade secrets that become known to a health and safety officer who enters a place under subsection 210.074(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 210.022(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 210.074(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 210.089(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.

  • 2014, c. 13, s. 84.
Marginal note:Disclosure by Chief Safety Officer
  •  (1) Despite section 122, 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 210.086 or information the disclosure of which is restricted under section 210.087 — 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.

  • 2014, c. 13, s. 84.
Marginal note:Access to information by governments
  •  (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 210.087(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.

  • 2014, c. 13, s. 84.
Marginal note:Disclosure by Board

 Despite section 122, 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 210.086 or information the disclosure of which is restricted under 210.087 — if the Board is satisfied that the public interest in making the disclosure clearly outweighs any potential harm resulting from the disclosure.

  • 2014, c. 13, s. 84.

Proceedings

Marginal note:Privilege
  •  (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 210.085

    (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 210.085 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 210.088(1) or (2) or 210.089(1).

  • 2014, c. 13, s. 84.
Marginal note:No action against health and safety officer

 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.

  • 2014, c. 13, s. 84.
 
Date modified: