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Offshore Health and Safety Act (S.C. 2014, c. 13)

Assented to 2014-06-19

 Subsection 220(2) of the Act is replaced by the following:

  • Marginal note:Presumption

    (2) For the purposes of subsection (1), the offshore area shall be deemed to be within the territorial limits of Halifax District.

 Paragraph 221(a) of the Act is replaced by the following:

  • (a) excluding, for the purposes of this Act, any provision or any part of a provision of the following that is inconsistent with this Act, the Accord or any bilateral or international treaty, convention or agreement respecting taxation, tariffs or trade to which the Government of Canada is a signatory:

    • (i) the Offshore Petroleum Royalty Act or any regulation made under it,

    • (ii) the Consumption Tax Acts or any regulation referred to in subsection 212(3.1),

    • (iii) the Insurance Premiums Tax Act or any regulation referred to in subsection 213(3.1), or

    • (iv) the Nova Scotia Income Tax Act or any regulation referred to in subsection 216(3.1); and

Marginal note:Replacement of references to “chairman”
  •  (1) The English version of the Act is amended by replacing “chairman” with “chairperson” in the following provisions:

    • (a) subsection 25(4);

    • (b) subsection 37(1);

    • (c) subsection 47(3);

    • (d) subsections 141(4) and (5); and

    • (e) subsections 145(2) and (3).

  • Marginal note:Replacement of references to “Chairman”

    (2) The English version of the Act is amended by replacing “Chairman” with “Chairperson” in the following provisions:

    • (a) subsection 10(2);

    • (b) subsection 11(3);

    • (c) subsections 12(1), (2) and (3);

    • (d) subsections 13(1), (2) and (4);

    • (e) section 14;

    • (f) subsection 15(1);

    • (g) subparagraph 22(b)(i); and

    • (h) paragraph 25(1)(a).

TRANSITIONAL PROVISIONS

Marginal note:Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act  — transitional regulations
  •  (1) If any of the following documents are transmitted by the Minister of Natural Resources to the Speaker of the Senate and to the Speaker of the House of Commons for tabling in those Houses during the 2nd session of the 41st Parliament, then on the day on which this section comes into force that document is deemed to be a regulation made under subsection 210.126(1) of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act and, despite section 9 of the Statutory Instruments Act, to have come into force on that day:

    • (a) a document entitled Canada–Nova Scotia Offshore Marine Installations and Structures Occupational Health and Safety Transitional Regulations; and

    • (b) a document entitled Canada–Nova Scotia Offshore Marine Installations and Structures Transitional Regulations.

  • Marginal note:Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act  — transitional regulations

    (2) If a document entitled Canada–Nova Scotia Offshore Area Diving Operations Safety Transitional Regulations is transmitted by the Minister of Natural Resources to the Speaker of the Senate and to the Speaker of the House of Commons for tabling in those Houses during the 2nd session of the 41st Parliament, then on the day on which this section comes into force

  • Marginal note:Approval of provincial ministers

    (3) The documents are to be transmitted to the Speaker of the Senate and to the Speaker of the House of Commons only if the Minister of Natural Resources is satisfied that, in the case of those referred to in paragraphs (1)(a) and (b), the minister of the government of Nova Scotia who is responsible for occupational health and safety has approved them and, in the case of the document entitled Canada–Nova Scotia Offshore Area Diving Operations Safety Transitional Regulations, that provincial minister and the minister of the government of Nova Scotia who is responsible for the management of offshore petroleum resources, have approved it.

  • Marginal note:Copies to Clerk

    (4) The Minister of Natural Resources shall, within seven days after the coming into force of this section, transmit to the Clerk of the Privy Council copies of each document referred to in subsections (1) and (2) that the Minister of Natural Resources transmitted to the Speaker of the Senate and to the Speaker of the House of Commons. Section 5 of the Statutory Instruments Act is deemed to have been complied with in respect of a document referred in subsection (1) or (2) on the day on which that document is transmitted to the Clerk.

  • Marginal note:Repeal

    (5) Unless repealed on an earlier date, the Canada–Nova Scotia Offshore Marine Installations and Structures Occupational Health and Safety Transitional Regulations, the Canada–Nova Scotia Offshore Marine Installations and Structures Transitional Regulations and the Canada–Nova Scotia Offshore Area Diving Operations Safety Transitional Regulations are repealed on the expiry of five years after the day on which this section comes into force.

Marginal note:Chief Safety Officer powers
  •  (1) The Chief Safety Officer may, on application, grant an exemption in respect of a workplace, or grant an exemption to an operator in respect of passengers being transported on a passenger craft to or from any of its workplaces, for a specified time and subject to specified conditions, from any requirement in respect of equipment, methods, measures or standards that is set out in the Canada–Nova Scotia Offshore Marine Installations and Structures Occupational Health and Safety Transitional Regulations, the Canada–Nova Scotia Offshore Marine Installations and Structures Transitional Regulations or the Canada–Nova Scotia Offshore Area Diving Operations Safety Transitional Regulations, if he or she is satisfied that the health and safety of employees at the workplace or passengers on the passenger craft, as the case may be, will be maintained without compliance with the requirement.

  • Marginal note:No contravention

    (2) The regulations are not considered to be contravened if there is compliance with an exemption 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 exemption 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 that he or she fixes with the agreement of the applicable workplace committee — after the day on which the application has been made available.

  • Marginal note:Notice at workplace, etc.

    (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 or to a passenger craft

    • (a) post a copy of it in printed form in a prominent place at the applicable 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), give to the applicant and the operator a copy of the decision made on the application, and make the decision available to the public in a manner that he or she considers advisable.

  • 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 exemption 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.

  • Marginal note:Same meaning

    (8) Words and expressions used in this section have the same meaning as in subsection 210.001(1) of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act.

R.S., c. L-2CANADA LABOUR CODE

Marginal note:2000, c. 20, s. 14
  •  (1) Subsection 144(1) of the Canada Labour Code is replaced by the following:

    Marginal note:Evidence in civil or administrative proceedings precluded
    • 144. (1) No health and safety officer or person who has accompanied or assisted the officer in carrying out the officer’s duties under this Part may be required to give testimony in civil or administrative proceedings, other than proceedings under this Part, with regard to information obtained in the carrying out of those duties or in accompanying or assisting the officer, except with the written permission of the Minister, in which case subsection (5) does not apply to restrict the disclosure of the information.

  • Marginal note:2000, c. 20, s. 14; 2005, c. 34, s. 62

    (2) Subsections 144(5) and (5.1) of the Act are replaced by the following:

    • Marginal note:Information not to be published

      (5) No person shall, except for the purposes of this Part or for the purposes of a prosecution under this Part or unless the Minister is satisfied that the publication or disclosure is in the interest of occupational health and safety or the public interest, publish or disclose any information obtained as a result of activities carried out by or at the request of an appeals officer or a health and safety officer under section 141.

    • Marginal note:Factors Minister may consider

      (5.01) Situations in which the Minister may be so satisfied include, but are not limited to, situations in which the publication or disclosure is for the purposes of a coroner’s inquiry, the administration or enforcement of a federal or provincial law or the administration of a foreign law or international agreement.

    • Marginal note:Personal information

      (5.1) If the information referred to in subsection (5) is information within the meaning of Part 4 of the Department of Employment and Social Development Act, the disclosure of that information is governed by Part 4 of that Act.

 
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