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

Act current to 2015-08-04 and last amended on 2015-06-19. Previous Versions

Application

Marginal note:Application

 This Part applies to every interest or right in petroleum acquired or vested before the coming into force of this section and is binding on Her Majesty in right of Canada or a province.

  • 1988, c. 28, s. 209;
  • 2014, c. 13, s. 83(F).

Transitional

Marginal note:Operating licences
  •  (1) Where an operating licence was issued under subsection 3.2(1) of the Oil and Gas Production and Conservation Act and is in force on the coming into force of this section, it shall be deemed to be an operating licence issued by the Board under this Part.

  • Marginal note:Authorizations and development plan approval

    (2) Where, prior to the coming into force of this section, authorization for any work or activity or approval of a development plan was given under subsection 3.2(1) of the Oil and Gas Production and Conservation Act or any regulation made under that Act, the authorization or approval shall be deemed to have been given by the Board under this Part.

PART III.1OCCUPATIONAL HEALTH AND SAFETY

Interpretation

Marginal note:Definitions
  •  (1) The following definitions apply in this Part.

    “authorization”

    « autorisation »

    “authorization” means an authorization issued under paragraph 142(1)(b).

    “Chief Safety Officer”

    « délégué à la sécurité »

    “Chief Safety Officer” means the person designated as the Chief Safety Officer under section 144.

    “committee”

    « comité »

    “committee” means a special committee and a workplace committee.

    “coordinator”

    « coordonnateur »

    “coordinator” means an employee designated under subsection 210.045(1) to act as an occupational health and safety coordinator.

    “declaration”

    « déclaration »

    “declaration” means a declaration referred to in subsection 143.1(1).

    “employee”

    « employé »

    “employee” means an individual who, in return for monetary compensation, performs work or services for an employer in respect of a work or activity for which an authorization has been issued.

    “employer”

    « employeur »

    “employer” means a person who employs or contracts for the services of any individual in respect of a work or activity for which an authorization has been issued, if that person has the power to exercise direction and control over the individual’s work at the workplace.

    “hazardous substance”

    « substance dangereuse »

    “hazardous substance” includes a controlled product and any chemical, biological or physical agent that, by reason of a property that the agent possesses, is hazardous to the health or safety of an individual exposed to it.

    “health and safety officer”

    « agent de santé et de sécurité »

    “health and safety officer” means an occupational health and safety officer or a special officer.

    “interest holder”

    Version anglaise seulement

    “interest holder” has the same meaning as in section 49.

    “marine installation or structure”

    « ouvrage en mer »

    “marine installation or structure”

    • (a) includes

      • (i) any ship, including any ship used for construction, production or diving or for geotechnical or seismic work,

      • (ii) any offshore drilling unit, including a mobile offshore drilling unit,

      • (iii) any production platform, subsea installation, pipeline as defined in section 138, pumping station, living accommodation, storage structure or loading or landing platform, and

      • (iv) any other work, or work within a class of works, prescribed under paragraph (4)(a); but

    • (b) does not include

      • (i) any vessel, including any supply vessel, standby vessel, shuttle tanker or seismic chase vessel, that provides any supply or support services to a ship, installation, structure, work or anything else described in paragraph (a), unless the vessel is within a class of vessels that is prescribed under paragraph (4)(b), or

      • (ii) any ship or vessel within a class of ships or vessels prescribed under paragraph (4)(c).

    “Nova Scotia social legislation”

    « lois sociales »

    “Nova Scotia social legislation” means the provisions of the following Acts, as those Acts are amended from time to time: the Human Rights Act, R.S.N.S. 1989, c. 214, the Labour Standards Code, R.S.N.S. 1989, c. 246, the Workers’ Compensation Act, S.N.S. 1994-95, c.10, and the Health Protection Act, S.N.S. 2004, c. 4.

    “occupational health and safety officer”

    « agent de santé et de sécurité au travail »

    “occupational health and safety officer” means an individual designated by the Federal Minister under section 210.072.

    “operator”

    « exploitant »

    “operator” means a person who holds an authorization.

    “owner”

    « propriétaire »

    “owner” means a person who has a right, title or interest, including a leasehold interest, recognized by law, in a marine installation or structure that is used or is to be used as a workplace, or any entity in which the person has vested all or any part of their right, title or interest.

    “passenger craft”

    « véhicule de transport »

    “passenger craft” means any aircraft or vessel used to transport employees to or from a workplace while — and immediately before — it is transporting them.

    “person”

    « personne »

    “person” includes individuals, corporations and partnerships.

    “personal protective equipment”

    « équipement de protection personnelle »

    “personal protective equipment” includes personal protective clothing, personal protective devices and personal protective materials.

    “provider of services”

    « fournisseur de services »

    “provider of services” means a person who, for commercial gain,

    • (a) provides services related to the placement with an operator or employer of individuals who, in return for monetary compensation, perform work or services for the operator or employer at a workplace; or

    • (b) provides services that affect or could affect the health or safety of employees or other individuals at a workplace or on a passenger craft, including engineering services, architectural services, the services of a certifying authority referred to in subsection 143.2(6), or the services of any person who provides information or advice, issues a certificate or affixes a professional seal or stamp.

    “Provincial Minister”

    « ministre provincial »

    “Provincial Minister” means the minister of the government of the Province who is responsible for occupational health and safety.

    “special committee”

    « comité spécial »

    “special committee” means a special committee established under section 210.046.

    “special officer”

    « agent spécial »

    “special officer” means an individual designated under section 210.073.

    “supervisor”

    « superviseur »

    “supervisor” means an employee who is in charge of a workplace or part of a workplace or who has authority over other employees.

    “supplier”

    « fournisseur de biens »

    “supplier” means a person who, for commercial gain, manufactures, supplies, sells, leases, distributes or installs any tool, equipment, machine or device, any biological, chemical, or physical agent or any other prescribed thing, to be used at a workplace or on a passenger craft.

    “union”

    « syndicat »

    “union” means a trade union as defined in the Trade Union Act, R.S.N.S. 1989, c. 475, as amended from time to time, that has the status of a bargaining agent under that Act in respect of any bargaining unit at a workplace, or any organization representing employees that has exclusive bargaining rights under any other Act of the Legislature of the Province in respect of those employees.

    “workplace”

    « lieu de travail »

    “workplace” means

    • (a) any marine installation or structure where an employee is employed in connection with a work or activity for which an authorization has been issued;

    • (b) any workboat used by an employee, and operated from a marine installation or structure, to perform routine maintenance or repair work in connection with a work or activity for which an authorization has been issued; and

    • (c) any dive site from which, and any underwater area at which, a diving operation is conducted by an employee in connection with a work or activity for which an authorization has been issued.

    “workplace committee”

    « comité du lieu de travail »

    “workplace committee” means a workplace committee established under section 210.043.

  • Marginal note:Hazardous Products Act definitions

    (2) In this Part, “controlled product”, “hazard symbol”, “Ingredient Disclosure List”, “label” and “material safety data sheet” have the same meanings as in section 2 and subsection 11(1) of the Hazardous Products Act. Subsection 11(2) of that Act also applies for the purposes of this Part.

  • Marginal note:Regulations

    (3) Subject to section 6 and on the recommendation of the Federal Minister and the Minister of Labour, the Governor in Council may make regulations

    • (a) defining “danger”, “dive site”, “diving operation” and “incident” for the purposes of this Part; and

    • (b) amending the definition “Nova Scotia social legislation” in subsection (1) to add any Act of the Legislature of the Province or to remove any Act from the definition.

  • Marginal note:Regulations

    (4) Subject to section 6 and on the recommendation of the Federal Minister, the Minister of Labour and the Minister of Transport, the Governor in Council may make regulations

    • (a) prescribing a work or a class of works for the purposes of subparagraph (a)(iv) of the definition “marine installation or structure” in subsection (1);

    • (b) prescribing a class of vessels for the purposes of subparagraph (b)(i) of the definition “marine installation or structure” in subsection (1); and

    • (c) prescribing a class of ships or vessels for the purposes of subparagraph (b)(ii) of the definition “marine installation or structure” in subsection (1).

  • Marginal note:Employees in transit

    (5) For the purposes of sections 210.005, 210.007 and 210.008, an employee is deemed to be at a workplace within the offshore area while — and immediately before — the employee is being transported on a passenger craft between the last point of embarkation on shore and the workplace, between the workplace and the first point of disembarkation on shore, or between workplaces.

  • 2014, c. 13, s. 84.