Offshore Health and Safety Act (S.C. 2014, c. 13)
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Assented to 2014-06-19
40. The Act is amended by adding the following after section 194:
Marginal note:Offence by officers, etc., of corporation
195. (1) If a corporation commits an offence under this Part, any of the following individuals who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted:
(a) an officer, director or agent of the corporation; and
(b) any other individual exercising managerial or supervisory functions in the corporation.
Marginal note:Offence by employee or agent
(2) In a prosecution for an offence under this Part, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused, whether or not the employee or agent is identified or has been prosecuted for the offence.
Marginal note:Imprisonment precluded in certain cases
195.1 If an individual is convicted of an offence under this Part on proceedings by way of summary conviction, no imprisonment may be imposed in default of payment of any fine imposed as punishment.
Marginal note:Orders of court
195.2 (1) If a person is convicted of an offence under this Part, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, in addition to any other punishment that may be imposed under this Part, make an order that has any or all of the following effects:
(a) prohibiting the offender from committing an act or engaging in an activity that may, in the opinion of the court, result in the continuation or repetition of the offence;
(b) directing the offender to take any measures that the court considers appropriate to avoid any injury or damage that may result from the act or omission that constituted the offence, or to remedy any injury or damage resulting from it;
(c) directing the offender, at the offender’s own expense, to publish, in any manner that the court directs, the facts relating to the offence;
(d) directing the offender to submit to the Chief Safety Officer, on application by the Chief Safety Officer within three years after the conviction, any information with respect to the offender’s activities that the court considers appropriate in the circumstances;
(e) directing the offender to pay to the Board an amount of money that the court considers appropriate for the purpose of conducting research, education and training in matters related to the protection of the environment, conservation of petroleum resources or safety of petroleum operations;
(f) directing the offender to perform community service, subject to any reasonable conditions that may be imposed by the court;
(g) directing the offender to post a bond or pay an amount of money into court that the court considers appropriate to ensure that the offender complies with any prohibition, direction, requirement or condition that is specified in the order; and
(h) requiring the offender to comply with any conditions that the court considers appropriate in the circumstances for securing the offender’s good conduct and for preventing the offender from repeating the same offence or committing another offence under this Part.
Marginal note:Coming into force and duration of order
(2) An order made under subsection (1) comes into force on the day on which the order is made or on any other day that the court may determine, but shall not continue in force for more than three years after that day.
Marginal note:Publication
(3) If an offender does not comply with an order under paragraph (1)(c) requiring the publication of facts relating to the offence, the Chief Safety Officer may publish the facts and recover the costs of publication from the offender.
Marginal note:Variation of sanctions
195.3 (1) Subject to subsection (2), if a court has made, in relation to an offender, an order under subsection 195.2(1), the court may, on application by the offender or the Chief Safety Officer, require the offender to appear before it and, after hearing the offender and the Chief Safety Officer, vary the order in one or more of the following ways that the court considers appropriate because of a change in the circumstances of the offender since the order was made:
(a) by making changes to any prohibition, direction, requirement or condition that is specified in the order or by extending the time during which the order is to remain in force for any period, not exceeding one year, that the court considers appropriate; or
(b) by decreasing the time during which the order is to remain in force or by relieving the offender, either absolutely or partially or for any period that the court considers appropriate, of compliance with any condition that is specified in the order.
Marginal note:Notice
(2) Before making an order under subsection (1), the court may direct that notice be given to any persons that the court considers to be interested and may hear any of those persons.
Marginal note:Subsequent applications with leave
195.4 If an application made under subsection 195.3(1) in relation to an offender has been heard by a court, no other application may be made under section 195.3 in relation to the offender except with leave of the court.
Marginal note:Recovery of fines and amounts
195.5 If a person is convicted of an offence under this Part and a fine that is imposed is not paid when required or if a court orders an offender to pay an amount under subsection 195.2(1) or 195.3(1), the prosecutor may, by filing the conviction or order, as the case may be, enter as a judgment the amount of the fine or the amount ordered to be paid, and costs, if any, in the Supreme Court of Newfoundland and Labrador, and the judgment is enforceable against the person in the same manner as if it were a judgment rendered against them in that Court in civil proceedings.
41. Section 199 of the Act is replaced by the following:
Marginal note:Time limited for summary conviction proceedings
199. Proceedings by way of summary conviction for an offence under this Part may be instituted at any time within but no later than three years after the day on which the subject-matter of the proceedings arose, unless the prosecutor and the defendant otherwise agree.
42. Section 200 of the French version of the Act is replaced by the following:
Marginal note:Preuve
200. Dans les poursuites pour infraction à la présente partie et en l’absence de preuve contraire, une copie de tout arrêté ou autre document respectivement pris ou établi en vertu de la présente partie ou de ses règlements et signée par la personne autorisée en vertu de la présente partie ou de ses règlements à le prendre ou à l’établir fait foi, sauf preuve contraire, de son contenu.
43. The Act is amended by adding the following after section 202:
Marginal note:Information
202.1 In any proceedings for an offence under this Part
(a) an information may include more than one offence committed by the same person;
(b) all those offences may be tried concurrently; and
(c) one conviction for any or all offences so included may be made.
44. Section 204 of the French version of the Act is replaced by the following:
Marginal note:Portée
204. La présente partie s’applique aux titres, droits ou intérêts pétroliers ou gaziers acquis ou octroyés avant l’entrée en vigueur du présent article et lie Sa Majesté du chef du Canada ou d’une province.
45. The Act is amended by adding the following after section 205:
PART III.1OCCUPATIONAL HEALTH AND SAFETY
Interpretation
Marginal note:Definitions
205.001 (1) The following definitions apply in this Part.
“authorization”
« autorisation »
“authorization” means an authorization issued under paragraph 138(1)(b).
“Chief Safety Officer”
« délégué à la sécurité »
“Chief Safety Officer” means the person designated as the Chief Safety Officer under section 140.
“committee”
« comité »
“committee” means a special committee and a workplace committee.
“coordinator”
« coordonnateur »
“coordinator” means an employee designated under subsection 205.045(1) to act as an occupational health and safety coordinator.
“declaration”
« déclaration »
“declaration” means a declaration referred to in subsection 139.1(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”
Marginal note:Version anglaise seulement
“interest holder” has the same meaning as in section 47.
“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 135, 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).
“Newfoundland and Labrador social legislation”
« lois sociales »
“Newfoundland and Labrador social legislation” means the provisions of the following Acts, as those Acts are amended from time to time: the Communicable Diseases Act, R.S.N.L. 1990, c. C-26, the Food and Drug Act, R.S.N.L. 1990, c. F-21, the Health and Community Services Act, S.N.L. 1995, c. P-37.1, the Human Rights Act, 2010, S.N.L. 2010, c. H-13.1, the Labour Standards Act, R.S.N.L. 1990, c. L-2, the Public Safety Act, S.N.L. 1996, c. P-41.01, the Radiation Health and Safety Act, R.S.N.L. 1990, c. R-1, and the Workplace Health, Safety and Compensation Act, R.S.N.L. 1990, c. W-11.
“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 205.071.
“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 139.2(6), or the services of any person who provides information or advice, issues a certificate or affixes a professional seal or stamp.
“provincial labour relations board”
Marginal note:Version anglaise seulement
“provincial labour relations board” means the Labour Relations Board continued under the Labour Relations Act, R.S.N.L. 1990, c. L-1, as amended from time to time.
“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 205.046.
“special officer”
« agent spécial »
“special officer” means an individual designated under section 205.072.
“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 Labour Relations Act, R.S.N.L. 1990, c. L-1, 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 205.043.
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 7 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 “Newfoundland and Labrador 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 7 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 205.005, 205.007 and 205.008, 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.
Her Majesty
Marginal note:Binding on Her Majesty
205.002 This Part is binding on Her Majesty in right of Canada or a province.
Application
Marginal note:Application of Part
205.003 (1) This Part applies to and in respect of a workplace that is situated within the offshore area for the purposes of the exploration or drilling for — or the production, conservation or processing of — petroleum within the offshore area.
Marginal note:Employees and other passengers in transit
(2) This Part also applies to employees and other passengers while — and immediately before — 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.
Marginal note:Non-application of Parts II and III of Canada Labour Code
205.004 Despite subsections 123(1) and 168(1) of the Canada Labour Code and any other Act of Parliament, Parts II and III of the Canada Labour Code do not apply to and in respect of a workplace that is situated within the offshore area for the purposes of the exploration or drilling for — or the production, conservation or processing of — petroleum within the offshore area.
Marginal note:Non-application of Canadian Human Rights Act
205.005 The Canadian Human Rights Act does not apply to or in respect of a workplace that is situated within the offshore area for the purposes of the exploration or drilling for — or the production, conservation or processing of — petroleum within the offshore area.
Marginal note:Non-application of Non-smokers’ Health Act
205.006 The Non-smokers’ Health Act does not apply to or in respect of a workplace that is situated within the offshore area for the purposes of the exploration or drilling for — or the production, conservation or processing of — petroleum within the offshore area.
Marginal note:Application of Newfoundland and Labrador social legislation
205.007 (1) Newfoundland and Labrador social legislation and any regulations made under it apply to and in respect of a workplace that is situated within the offshore area for the purposes of the exploration or drilling for — or the production, conservation or processing of — petroleum within the offshore area.
Marginal note:Inconsistency or conflict
(2) In the event of an inconsistency or conflict between the provisions of this Act, or any regulations made under it, and the provisions of Newfoundland and Labrador social legislation or any regulations made under that legislation, the provisions of this Act and the regulations made under it prevail to the extent of the inconsistency or conflict.
Marginal note:Application of Labour Relations Act, R.S.N.L. 1990, c. L-1
205.008 (1) Despite section 4 of the Canada Labour Code and any other Act of Parliament, the provisions of the Labour Relations Act, R.S.N.L. 1990, c. L-1, as amended from time to time, and any regulations made under it, apply to and in respect of
(a) a marine installation or structure that is situated within the offshore area in connection with the exploration or drilling for — or the production, conservation or processing of — petroleum within the offshore area and that is in the offshore area for the purpose of becoming, or that is, permanently attached to, permanently anchored to or permanently resting on the seabed or subsoil of the submarine areas of the offshore area;
(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) a 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.
Marginal note:Application of Part I of Canada Labour Code
(2) Part I of the Canada Labour Code applies to and in respect of a marine installation or structure that is situated within the offshore area in connection with the exploration or drilling for — or the production, conservation or processing of — petroleum within the offshore area if subsection (1) does not apply to or in respect of the marine installation or structure.
Purpose
Marginal note:Prevention of accidents and injury
205.009 (1) The purpose of this Part is to prevent accidents and injury arising out of, linked to or occurring in the course of employment to which this Part applies, in particular by
(a) allocating responsibility for occupational health and safety among the Board and the persons, unions and committees having obligations under this Part; and
(b) establishing a framework for them to exercise their rights and carry out their obligations.
Marginal note:Preventive measures
(2) Preventive measures should first aim at the elimination of hazards, then the reduction of the risks posed by the hazards and finally, the taking of protective measures, all with the goal of ensuring the health and safety of employees.
Allocation of Responsibility
Marginal note:Principles
205.01 (1) The allocation of responsibility for occupational health and safety is based on the following principles:
(a) operators have overall responsibility; and
(b) operators, employers, suppliers, providers of services, employees, supervisors, owners and interest holders have individual and shared responsibilities, and are responsible for cooperating with each other and coordinating their activities related to occupational health and safety.
Marginal note:Specific obligations not to limit general obligations
(2) For greater certainty, the imposition of any specific obligation under this Part shall not be construed as limiting the generality of any other obligation under this Part.
Duties of Operators
Marginal note:Duty to establish occupational health and safety policy
205.011 (1) Every operator shall develop an occupational health and safety policy governing its workplaces.
Marginal note:Contents
(2) The policy shall be set out in writing and contain
(a) the commitments of the operator related to occupational health and safety, including its commitment to cooperate with employees with regard to health and safety;
(b) the responsibilities of the employers at any of the operator’s workplaces related to occupational health and safety; and
(c) any prescribed requirements.
Marginal note:Duty to review
(3) The operator shall review the policy at least every three years in consultation with each workplace committee that it establishes and with each employer at any of the operator’s workplaces.
Marginal note:Duty to take reasonable measures
205.012 Every operator shall take all reasonable measures to ensure the health and safety of all employees and other individuals at its workplaces and of all employees or other passengers while — and immediately before — being transported on a passenger craft to or from any of those workplaces.
Marginal note:Specific duties — workplace
205.013 Every operator shall, in respect of each of its workplaces,
(a) ensure the coordination of all work and activities for which an authorization has been issued to the operator;
(b) comply with its occupational health and safety management system, and ensure that all employers, supervisors and employees at, owners of and providers of services to the workplace comply with that system;
(c) ensure that information necessary for the health and safety of employees and other individuals at the workplace is communicated to them;
(d) ensure that all employers, supervisors and employees at, owners of and suppliers and providers of services to the workplace comply with the provisions of this Part and the regulations made under this Part;
(e) ensure that each employee at the workplace is made aware of known or foreseeable health or safety hazards;
(f) ensure that all work and activities for which an authorization has been issued are conducted so as to minimize the exposure to hazards, including hazardous substances, of all employees and other individuals at the workplace;
(g) ensure that any installations, facilities, equipment and materials at the workplace are properly installed, stored and maintained and are safe for their intended use;
(h) ensure that all employees and other individuals at the workplace conduct themselves so as to minimize their exposure to hazards, including hazardous substances;
(i) ensure that all employees and other individuals at the workplace are provided with the facilities and personal protective equipment — including any that are prescribed — necessary for their health and safety;
(j) ensure that all employees and other individuals at the workplace are provided with the information and training — including any that are prescribed — required for the proper use of personal protective equipment that is prescribed or that is required by the operator to be used or worn;
(k) ensure that all employees and other individuals at the workplace are provided with the instruction, training and supervision — including any that are prescribed — necessary for their health and safety;
(l) comply with the occupational health and safety requirements of any authorization issued to them, and those undertaken in the declaration related to the authorization, and record all instances of failures to comply with those requirements as well as any measures taken to rectify the failure or to prevent further such failures;
(m) ensure that all employers, supervisors and employees at, owners of and providers of services to the workplace comply with the occupational health and safety requirements of any authorization related to that workplace that is issued to the operator, and those undertaken in the declaration related to the authorization, and report any instances of failures to comply with those requirements to the operator;
(n) inform the relevant interest holders of the occupational health and safety requirements of any authorization related to that workplace that is issued to the operator, and those undertaken in the declaration related to the authorization, and of any failure to comply with those requirements;
(o) ensure that members of committees established for the workplace are provided with the support, opportunities and training — including any that are prescribed — necessary to enable the members to fulfil their duties and functions as a member of the committee;
(p) cooperate with those committees and facilitate communications between the employees and the committees;
(q) ensure that all or part of the workplace as described in paragraphs (a) and (b) of the definition “workplace” in subsection 205.001(1) is inspected by or on behalf of the operator at least once a month, so that every part of that workplace is inspected at least once a year, and ensure that the workplace committee participates;
(r) ensure that a record is kept of each inspection referred to in paragraph (q), including any corrective action taken as a consequence; and
(s) cooperate with the Board and with persons carrying out duties or functions under this Part.
Marginal note:Specific duties — passenger craft
205.014 (1) Every operator shall, each time before employees or other passengers are transported on a passenger craft to or from any of its workplaces,
(a) ensure that the employees and other passengers are provided with any information and instruction — including any that are prescribed — necessary for their health and safety; and
(b) ensure that the employees are provided with the operator’s contact information for the purposes of subsection 205.054(2).
Marginal note:Specific duty — passenger craft
(2) Every operator shall ensure that a passenger craft going to or from any of its workplaces
(a) meets the requirements of any Act or other law that relates to the health or safety of the employees and other passengers on the passenger craft; and
(b) is equipped with any equipment, devices and materials necessary to ensure the health and safety of the employees and other passengers, including any that are prescribed.
Marginal note:Specific duties — personal protective equipment
(3) Every operator shall ensure that all employees and other passengers on a passenger craft going to or from any of its workplaces
(a) are provided with any personal protective equipment necessary to ensure their health and safety, including any that is prescribed; and
(b) are provided with the information and training — including any that are prescribed — required for the proper use of personal protective equipment provided under paragraph (a) and the equipment, devices and materials referred to in paragraph (2)(b).
Marginal note:Occupational health and safety management system
205.015 (1) Every operator shall develop, implement and maintain an occupational health and safety management system that fosters a culture of workplace safety and that is adapted to the circumstances of the work or activity specified in each authorization issued to the operator, for the purposes of
(a) implementing its occupational health and safety policy;
(b) ensuring that the provisions of this Part and the regulations made under this Part are complied with; and
(c) complying with the occupational health and safety requirements of each of those authorizations, and those undertaken in a declaration related to any of those authorizations.
Marginal note:Contents
(2) The system shall be set out in writing and include provisions regarding
(a) the management of risks to the health and safety of employees — including any prescribed risks — and procedures for
(i) the ongoing and systematic identification and reporting of all hazards,
(ii) the assessment of risks associated with identified hazards, and
(iii) the implementation of hazard control measures;
(b) the role of any committee established for any of the operator’s workplaces and the interaction between those committees;
(c) the roles and accountability of the employers, employees, providers of services and suppliers that are responsible for implementing the operator’s occupational health and safety policy and occupational health and safety management system;
(d) the allocation of sufficient resources to ensure that employees continue to be qualified and competent, that there is proper quality control of documents, facilities, equipment and materials and that there is effective cooperation among employers;
(e) the procedures for carrying out work or activities, dealing with changes in operations and responding to emergencies;
(f) the procedures for dealing with failures to comply with the system and the procedures for the reporting and investigating of occupational diseases and of accidents, incidents and other hazardous occurrences and the keeping of related records and statistical analysis;
(g) the auditing of the adequacy and effectiveness of the system, including
(i) determining the ability of the system to achieve the purposes set out in subsection (1), and
(ii) identifying improvements that could be made to the system; and
(h) the implementation of the improvements identified during the audit referred to in paragraph (g).
Marginal note:Duty to review
(3) The operator shall review the system at least every three years in consultation with each workplace committee that it establishes.
Marginal note:Limitation
(4) If the regulations establish requirements in respect of anything described in any of paragraphs (2)(a) to (h), the system shall meet the requirements of those regulations.
Marginal note:Power to require code of practice
205.016 (1) The Chief Safety Officer may, in writing, require an operator to establish a code of practice in respect of occupational health and safety, or to adopt a code of practice in respect of occupational health and safety that is specified by the Chief Safety Officer, in respect of
(a) any of its workplaces or any work or activity carried out at any of its workplaces; or
(b) the transportation of employees to or from any of its workplaces.
Marginal note:Revision of code of practice
(2) The code of practice may be revised by the Chief Safety Officer from time to time, or the Chief Safety Officer may require the operator to revise it from time to time.
Marginal note:Notification of accidents, etc.
205.017 (1) Every operator shall, as soon as it becomes known to the operator, notify the Chief Safety Officer of
(a) any occupational disease at any of its workplaces; or
(b) any accident, incident or other hazardous occurrence at any of its workplaces, or on a passenger craft going to or from any of those workplaces, that causes a death or serious injury or in which a death or serious injury is narrowly avoided.
Marginal note:Investigation of accidents, etc.
(2) Every operator shall investigate any occupational disease, or any accident, incident or other hazardous occurrence, described in paragraph (1)(a) or (b) and shall keep adequate records of its investigation — including any records that are prescribed — for the period that is prescribed.
Marginal note:Report
(3) An operator shall, no later than April 1 of each year, submit to each workplace committee that it establishes, to the Chief Safety Officer and, on request, to any special committee established for any of its workplaces, a written report for the immediately preceding calendar year, in a form determined by that Officer.
Marginal note:Contents of report
(4) The report shall set out data on all occupational diseases, and all accidents, incidents and other hazardous occurrences, that have occurred at any of the operator’s workplaces or on a passenger craft going to or from any of those workplaces during the calendar year covered by the report, including the number of deaths, the number of serious injuries and the number of minor injuries.
Definition of “serious injury”
(5) In this section, “serious injury” means an injury that
(a) results in the loss by an individual of a body member or part of a body member or in the complete loss by an individual of the usefulness of a body member or part of a body member;
(b) results in the permanent impairment of a body function of an individual; or
(c) prevents an employee from reporting for work or from effectively performing all the functions connected with their regular work on any day subsequent to the day on which the injury occurred, whether or not that subsequent day is a working day for them.
Duties of Employers
Marginal note:Duty to take reasonable measures
205.018 Every employer shall take all reasonable measures to ensure
(a) the health and safety of its employees and other individuals at a workplace under its control;
(b) the health and safety of its employees at a workplace that is not under its control, to the extent that it controls their activities at the workplace; and
(c) the health and safety of its employees while — and immediately before — they are transported on a passenger craft.
Marginal note:Specific duties
205.019 (1) Every employer shall, in respect of each workplace under its control, and in respect of any activity performed by any of its employees at a workplace that is not under its control, to the extent that it controls the activity,
(a) coordinate its undertaking with the work and activities of the operator and of any other employer at the workplace who may be affected by that undertaking;
(b) ensure that the operator’s occupational health and safety management system is complied with and carry out any responsibilities assigned to the employer under that system;
(c) determine, in consultation with the operator, the impact of its undertaking on occupational health and safety and ensure that other employers at the workplace who may be affected by that undertaking are provided with adequate information;
(d) communicate to its employees — and, in respect of a workplace under its control, to other individuals at the workplace — all information necessary to their health and safety, or ensure that the information is communicated to them;
(e) ensure that its employees comply with the provisions of this Part and the regulations made under this Part;
(f) ensure that each of its employees, and particularly each supervisor, is made aware of known or foreseeable health or safety hazards;
(g) ensure that its undertaking is conducted so as to minimize its employees’ exposure to hazards and, in respect of any other individuals at a workplace under its control, to minimize their exposure to hazards;
(h) provide to its employees, and, in respect of a workplace under its control, to other individuals at the workplace, the facilities and personal protective equipment — including any that are prescribed — necessary for their health and safety;
(i) provide to its employees, and, in respect of a workplace under its control, to other individuals at the workplace, the information and training — including any that are prescribed — required for the proper use of all personal protective equipment that is prescribed or that is required by the operator or employer to be used or worn;
(j) provide its employees with the instruction, training and supervision — including any that are prescribed — necessary for their health and safety;
(k) ensure that the occupational health and safety requirements of any authorization related to the workplace are complied with;
(l) record and report to the operator all instances of failures to comply with the provisions of this Part or of the regulations made under this Part, or with the occupational health and safety requirements of any authorization related to the workplace;
(m) ensure that all equipment, machines, devices, materials and other things at the workplace are properly installed, stored and maintained, are safe for their intended use and are used as intended;
(n) cooperate with and facilitate communication with committees established for the workplace;
(o) provide to members of any special committee it establishes for the workplace the support, opportunities and training — including any that are prescribed — necessary to enable the members to fulfil the duties and functions conferred on the committee;
(p) ensure that all or part of the workplace as described in paragraphs (a) and (b) of the definition “workplace” in subsection 205.001(1) under its control is inspected by it or on its behalf at least once a month, so that every part of that workplace is inspected at least once a year, and ensure that the workplace committee participates; and
(q) cooperate with the Board and with persons carrying out duties or functions under this Part.
Marginal note:Training
(2) An employee who, with the approval of their employer, is receiving training that is required under this Part shall be paid the same wages and granted the same benefits that the employee would have received had they been working.
Marginal note:Occupational health and safety program
205.02 (1) For the purpose of implementing the operator’s occupational health and safety policy, every employer shall, in consultation with the workplace committee, develop, implement and maintain, in respect of each workplace under the employer’s control, an occupational health and safety program that fosters a culture of workplace safety, if
(a) five or more employees are normally employed at the workplace by the employer;
(b) the program is required by the Chief Safety Officer; or
(c) the requirement for such a program is prescribed.
Marginal note:Contents
(2) The program shall be set out in writing and include provisions regarding
(a) the management of risks to the health and safety of the employees — including any prescribed risks — and procedures for
(i) the ongoing and systematic identification and reporting of all hazards,
(ii) the assessment of risks associated with identified hazards, and
(iii) the implementation of hazard control measures;
(b) the training and supervision of the employees that are necessary to ensure their health and safety and that of other individuals at the workplace;
(c) the establishment of special committees, the operation of workplace committees and special committees, the access by committees to a level of management with authority to resolve occupational health and safety matters and the information required under this Part to be maintained in relation to those committees;
(d) the roles of committees and their interaction in implementing the operator’s occupational health and safety policy;
(e) the roles and accountability of the employers, employees, providers of services and suppliers that are responsible for implementing the operator’s occupational health and safety policy;
(f) the procedures, including those required under this Part, to be followed to protect the employees’ health and safety, and the identification of the types of work to which those procedures apply;
(g) the procedures to be followed to deal with
(i) failures to comply with the program and with the reporting and investigating of occupational diseases, and of accidents, incidents and other hazardous occurrences, at the workplace, and
(ii) the keeping of related records and statistical analysis;
(h) the auditing of the adequacy and effectiveness of the program, including
(i) determining the ability of the program to meet the requirements of the operator’s occupational health and safety policy and occupational health and safety management system, and
(ii) identifying improvements that could be made to the program; and
(i) the implementation of the improvements identified during the audit referred to in paragraph (h).
Marginal note:Limitation
(3) If the regulations establish requirements in respect of anything described in any of paragraphs (2)(a) to (i), the program shall meet the requirements of those regulations.
Marginal note:Power to require code of practice
205.021 (1) The Chief Safety Officer may, in writing, require an employer to establish, in respect of a workplace under the employer’s control or any work or activity carried out at any of those workplaces, a code of practice in respect of occupational health and safety, or to adopt, in respect of such a workplace, work or activity, a code of practice in respect of occupational health and safety that is specified by the Chief Safety Officer.
Marginal note:Revision of code of practice
(2) The code of practice may be revised by the Chief Safety Officer from time to time, or the Chief Safety Officer may require the employer to revise it from time to time.
Marginal note:Specific duties of employer — hazardous materials
205.022 Subject to any exceptions that are prescribed, every employer shall, in respect of each workplace under its control, and in respect of any activity performed by any of its employees at a workplace that is not under its control, to the extent that it controls the activity,
(a) ensure that concentrations of hazardous substances at the workplace are controlled in accordance with any standards that are prescribed;
(b) ensure that all hazardous substances at the workplace are stored and handled in the manner that is prescribed;
(c) ensure that all hazardous substances at the workplace, other than controlled products, are identified in the manner that is prescribed;
(d) subject to the Hazardous Materials Information Review Act, ensure that each controlled product at the workplace or each container at the workplace in which a controlled product is contained has applied to it a label that discloses information that is prescribed and has displayed on it, in the manner that is prescribed, all applicable hazard symbols that are prescribed;
(e) subject to the Hazardous Materials Information Review Act, make available to every employee at the workplace, in the manner that is prescribed, a material safety data sheet that discloses the following information with respect to each controlled product to which the employee may be exposed, namely,
(i) if the controlled product is a pure substance, its chemical identity, and if it is not a pure substance, the chemical identity of any of its ingredients that is a controlled product and the concentration of that ingredient,
(ii) if the controlled product contains an ingredient that is included in the Ingredient Disclosure List and the ingredient is in a concentration that is equal to or greater than the concentration specified in that List for that ingredient, the chemical identity and concentration of that ingredient,
(iii) the chemical identity of any ingredient of the controlled product that the employer believes on reasonable grounds may be harmful to an employee at the workplace and the concentration of that ingredient,
(iv) the chemical identity of any ingredient of the controlled product whose toxicological properties are not known to the employer and the concentration of that ingredient, and
(v) any other information that is prescribed with respect to the controlled product;
(f) if employees at the workplace may be exposed to hazardous substances, investigate and assess the potential exposure in the manner that is prescribed, with the assistance of the workplace committee or the coordinator, as the case may be; and
(g) ensure that all records of exposure to hazardous substances are kept and maintained in the manner that is prescribed and that personal records of exposure are made available to the affected employees.
Marginal note:Employer to provide information in emergency
205.023 (1) Every employer shall, in respect of each workplace under its control, and in respect of an activity performed by any of its employees at a workplace that is not under its control, to the extent that it controls the activity, provide, in respect of any controlled product to which an employee may be exposed, as soon as the circumstances permit, any information referred to in paragraph 205.022(e) that is in the employer’s possession to any physician — or other medical professional that is prescribed — who requests that information for the purpose of making a medical diagnosis of, or rendering medical treatment to, an employee in an emergency.
Marginal note:Confidentiality
(2) Any physician — or other medical professional that is prescribed — to whom information is provided by an employer under subsection (1) shall keep confidential any information specified by the employer as being confidential, except for the purpose for which it is provided.
Duties of Supervisors
Marginal note:Duty to take reasonable measures
205.024 Every supervisor shall take all reasonable measures to ensure the health and safety of employees and other individuals that they supervise at a workplace.
Marginal note:Specific duties
205.025 Every supervisor shall
(a) ensure that the employees that they supervise comply with the provisions of this Part and the regulations made under this Part;
(b) inform their employer and each of those employees of known or foreseeable health or safety hazards;
(c) if required to do so by their employer or the operator, provide those employees with written instructions as to the measures to be taken and the procedures to be followed for the protection of the employees; and
(d) report to their employer any failure to comply with the provisions of this Part or of the regulations made under this Part, or with the occupational health and safety requirements of any authorization related to the workplace that is issued to the operator.
Duties of Employees
Marginal note:Duty to take reasonable measures
205.026 Every employee at a workplace or on a passenger craft shall take all reasonable measures to protect their own health and safety and that of other individuals at the workplace or on the passenger craft.
Marginal note:Specific duties — workplace
205.027 Every employee at a workplace shall
(a) cooperate with the operator and with all employers and other employees to protect the health and safety of individuals at the workplace;
(b) use or wear, in the manner intended, all personal protective equipment that is prescribed or that is required by the operator or their employer to be used or worn;
(c) take all reasonable measures to ensure that other employees use or wear, in the manner intended, all personal protective equipment referred to in paragraph (b);
(d) consult and cooperate with committees established for the workplace;
(e) cooperate with the Board and with persons carrying out duties or functions under this Part;
(f) follow all instructions of their employer given for the purposes of ensuring occupational health and safety; and
(g) report to their employer any thing or circumstance at the workplace that is likely to be hazardous to the health or safety of the employee or other individuals at the workplace.
Marginal note:Specific duties — passenger craft
205.028 Every employee shall
(a) while — and immediately before — being transported on a passenger craft, cooperate with the individual providing them with information and instruction on behalf of the operator, with their employer and with any individual who operates or assists in operating the passenger craft, so as to protect the health and safety of individuals on the passenger craft; and
(b) while being transported on a passenger craft, use or wear, in the manner intended, all personal protective equipment that is prescribed or that is required by the operator, or by any individual who operates or assists in operating the passenger craft, to be used or worn on the passenger craft.
Marginal note:Limitation of liability — employee
205.029 No employee who, at the workplace or while — or immediately before — being transported on a passenger craft, comes to the assistance of another individual or carries out an emergency measure is personally liable for any injury or damage that may result from it, unless the injury or damage is a result of the employee’s gross negligence or wilful misconduct.
Duties of Suppliers and Providers of Services
Marginal note:Duty of supplier — reasonable measures
205.03 Every supplier shall, to protect the health and safety of individuals at a workplace or on a passenger craft, take all reasonable measures to ensure that any thing it supplies for use at the workplace or on the passenger craft is in a safe condition.
Marginal note:Specific duties
205.031 Every supplier shall ensure
(a) that any thing it supplies for use at a workplace or on a passenger craft meets the requirements of the regulations made under this Part; and
(b) if there is an obligation in an agreement for the supplier to maintain the thing in safe condition, that it complies with that obligation.
Marginal note:Duty of provider of services — reasonable measures
205.032 Every provider of services shall take all reasonable measures to ensure that no individual at a workplace or on a passenger craft is endangered as a result of the services that it provides in connection with the workplace or passenger craft.
Marginal note:Specific duties
205.033 Every provider of services shall
(a) when it provides services in connection with a workplace that are 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 the workplace, ensure that those individuals have the qualifications and certifications — including any that are prescribed — that are necessary for them to perform the work or services in a manner that protects their health and safety and that of employees and other individuals at the workplace;
(b) ensure that any information that it provides in connection with the services that it provides is accurate and sufficiently complete so as to enable the operator or employer, as the case may be, to make a competent judgment on the basis of the information; and
(c) ensure, to the extent that it is possible to do so, that any operator, employer, employee, supplier or owner, or any other provider of services, will not, as a result of relying in good faith on its advice, or on a certificate, seal or stamp provided by it, be in contravention of the provisions of this Part or of the regulations made under this Part, or of the occupational health and safety requirements of the authorization or those undertaken in the declaration related to the authorization.
Duties of Owners, Interest Holders and Corporate Officials
Marginal note:Duty of owner — reasonable measures
205.034 Every owner shall take all reasonable measures to ensure that any workplace in respect of which they are an owner is delivered and maintained so as to ensure the health and safety of individuals at that workplace, including measures to inform the operator of known or foreseeable health or safety hazards that could assist the operator in
(a) reducing the risks posed by hazards at the workplace; and
(b) assessing whether the provisions of this Part and the regulations made under this Part — and the occupational health and safety requirements of any authorization related to the workplace that is issued to the operator, and the occupational health and safety requirements undertaken in the declaration related to the authorization — are being complied with.
Marginal note:Duty of interest holder — reasonable measures
205.035 Every interest holder shall take all reasonable measures to ensure that the operator for a workplace in any portion of the offshore area subject to the interest, or the share of the interest, of that interest holder complies with
(a) the provisions of this Part and the regulations made under this Part; and
(b) the occupational health and safety requirements of any authorization related to that workplace that is issued to the operator, and the occupational health and safety requirements undertaken in the declaration related to the authorization.
Marginal note:Duty of directors and officers of operators
205.036 (1) Every director and every officer of a corporation that holds an authorization shall take all reasonable measures to ensure that the corporation complies with
(a) the provisions of this Part and the regulations made under this Part; and
(b) the occupational health and safety requirements of the authorization, and the occupational health and safety requirements undertaken in the declaration related to the authorization.
Marginal note:Duty of directors and officers of suppliers and providers of services
(2) Every director and every officer of a corporation that is a supplier or a provider of services shall take all reasonable measures to ensure that the corporation complies with sections 205.03 to 205.033.
Marginal note:Duty of directors and officers of interest holders
(3) Every director and every officer of a corporation shall, if the corporation has duties under section 205.035, take all reasonable measures to ensure that the corporation complies with that section.
Communication of Information
Marginal note:Posting of information — operator
205.037 (1) Every operator shall post in printed form, in a prominent place at each of its workplaces,
(a) its occupational health and safety policy;
(b) contact information to enable the reporting of health or safety concerns to the Board; and
(c) the names of the members of any committees established by the operator for that workplace, the members’ contact information and the minutes of the most recent meeting of those committees.
Marginal note:Information and documents — operator
(2) Every operator shall make the following information and documents readily available at each of its workplaces in a prominent place accessible to every employee at the workplace, in printed or electronic form:
(a) a copy of this Part and the regulations made under this Part;
(b) a copy of the document describing the operator’s occupational health and safety management system;
(c) any code of practice required by the Chief Safety Officer under section 205.016 to be established or adopted by the operator for that workplace;
(d) any code of practice required by the Chief Safety Officer under section 205.021 to be established or adopted by any employer at that workplace;
(e) information relating to the equipment, methods, measures, standards or other things permitted to be used at the workplace under any permission granted under section 205.069, any conditions placed on the use of that equipment or those methods, measures, standards or other things and the duration of the permission; and
(f) information relating to the equipment, methods, measures, standards or other things permitted to be used on a passenger craft, or whose use is permitted in respect of employees or other passengers being transported on a passenger craft, under any permission granted to the operator under section 205.07, any conditions placed on the use of that equipment or those methods, measures, standards or other things and the duration of the permission.
Marginal note:Incorporated material — operator
(3) Every operator shall, at the request of any employee or employer at any of the operator’s workplaces or by any committee established for any of those workplaces, make readily available for their examination any material incorporated by reference in the regulations made under this Part, in printed or electronic form.
Marginal note:Information — operator
(4) Every operator shall provide to any committee established for any of its workplaces, or to any employer or employee at any of those workplaces, in printed or electronic form, within seven days after the day on which an occupational health and safety officer requires it, any information that enables employees to become acquainted with their rights and responsibilities under this Part as the officer may require.
Marginal note:Obligation to post satisfied
(5) An obligation imposed on an operator under subsection (1) is satisfied if the operator provides a copy of the information or document to each employee at the workplace.
Marginal note:Posting of information — employer
205.038 (1) Every employer shall post, in a prominent place at each workplace for which it has established a special committee, in printed form, the names of the members of the special committee, the members’ contact information and the minutes of the most recent meeting of that committee.
Marginal note:Program and codes of practice — employer
(2) Every employer shall, in respect of a workplace under its control, provide to the operator, and make readily available in a prominent place accessible to its employees at the workplace, in printed or electronic form,
(a) a copy of the occupational health and safety program for the workplace; and
(b) any code of practice required by the Chief Safety Officer under section 205.021 to be established or adopted by the employer for the workplace.
Marginal note:Material and information — employer
(3) Every employer shall make available to the Board, if required by an occupational health and safety officer, and to any persons, unions and committees that an occupational health and safety officer may require, in printed or electronic form, within and for the time that the officer requires, any material or information referred to in subsections 205.037(3) and (4).
Marginal note:Obligation to post satisfied
(4) An obligation imposed on an employer under subsection (1) is satisfied if the employer provides a copy of the information or document to each of its employees at the workplace.
Marginal note:Chief Safety Officer information — operator
205.039 (1) Every operator shall communicate to employees at a workplace and the workplace committee any information that the Chief Safety Officer requires to be communicated to them, within the time and in the manner specified by the Chief Safety Officer.
Marginal note:Chief Safety Officer information — employer
(2) An employer shall communicate to its employees at a workplace any information that the Chief Safety Officer requires to be communicated to them, within the time and in the manner specified by the Chief Safety Officer.
Marginal note:Provision of information to committees
205.04 (1) Every operator and every employer shall immediately after preparing or being provided with a report respecting anything inspected, tested or monitored under this Part at the operator’s workplace or at a workplace under the employer’s control, as the case may be, including a report under section 205.074, notify all committees established for the workplace of the report and, subject to section 205.041, within seven days after the day on which a request is received from any of those committees, shall provide that committee with a copy of it.
Marginal note:Reports available to employees
(2) Every operator shall make available to any employee at the workplace, and the employer shall make available to any of its employees at the workplace, on request, a copy of any report that has been provided to a committee established for the workplace.
Marginal note:Editing of report — trade secrets
205.041 (1) If a report referred to in subsection 205.04(1) contains a trade secret, the operator or employer, as the case may be, may edit the report to protect the trade secret.
Marginal note:Editing of report — medical information
(2) If a report referred to in subsection 205.04(1) contains information relating to the medical history of an identifiable individual or other prescribed information relating to an identifiable individual, the operator or employer, as the case may be, shall edit the report to protect that information before providing it to a committee, unless the individual to whom the information relates consents in writing to the disclosure of the information to the committee.
Marginal note:Edited report
(3) The edited report shall be provided to the committee within 21 days after the day on which the committee’s request is received.
Marginal note:Response to request for information — operator
205.042 (1) Subject to subsections (3) and (4), every operator who receives from a committee established for any of its workplaces or any employee at any of its workplaces a written request for any information related to occupational health and safety, other than a request for a report referred to in subsection 205.04(1), shall provide a written response to the request within 21 days after the day on which it is received.
Marginal note:Response to request for information — employer
(2) Subject to subsections (3) and (4), every employer who receives from a special committee it has established or any of its employees a written request for any information related to occupational health and safety, other than a request for a report referred to in subsection 205.04(1), shall provide a written response to the request within 21 days after the day on which it is received.
Marginal note:Limitation — special committees
(3) If the request is made by a special committee, the operator or employer is required to respond only if the information is necessary for the particular purposes for which the committee was established.
Marginal note:Other provisions
(4) Subsections 205.047(3) to (8) apply to the request with any modifications that the circumstances require.
Committees and Coordinator
Marginal note:Establishment
205.043 (1) Every operator shall establish one workplace committee for each of its workplaces, other than a workplace established for six months or less, for purposes related to occupational health and safety.
Marginal note:Exception
(2) Despite subsection (1), the Chief Safety Officer may authorize an operator to establish a single workplace committee in respect of two or more workplaces if the Chief Safety Officer is satisfied that the circumstances warrant it.
Marginal note:Other committees
(3) An occupational health and safety committee described in subsection 205.045(1) is deemed to be a workplace committee in respect of the workplace referred to in that subsection and to have been established by the operator for that workplace.
Marginal note:Duties of workplace committee
(4) A workplace committee shall
(a) receive, consider, investigate if necessary and promptly dispose of matters and complaints related to occupational health and safety;
(b) participate in inspections referred to in paragraphs 205.013(q) and 205.019(1)(p), in the investigation of any matter under paragraph 205.022(f) and in the activities of any health and safety officers that pertain to a matter under section 205.049 or subsection 205.05(8) or 205.054(8), and, at the discretion of a health and safety officer, participate in the officer’s activities that pertain to occupational diseases and to accidents, incidents and other hazardous occurrences;
(c) maintain records in a form and manner approved by the Chief Safety Officer, and provide a copy of those records, on request, to a health and safety officer, or to any person within a class of persons that is prescribed;
(d) keep minutes of committee meetings in a form and manner approved by the Chief Safety Officer and provide a copy of those minutes, on request, to a health and safety officer, or to any person within a class of persons that is prescribed; and
(e) perform any other duties that are assigned to it by the Chief Safety Officer or that are assigned to it under an agreement between the operator and any employers and employees — or the union representing them — at the workplace.
Marginal note:Functions of workplace committee
(5) A workplace committee may
(a) seek to identify those things and circumstances at the workplace that are likely to be hazardous to the health or safety of employees, and advise on effective procedures to eliminate the hazards, to reduce the risks posed by the hazards and to protect against the hazards;
(b) advise the operator and the employers at the workplace on the occupational health and safety policy, the occupational health and safety management system and the occupational health and safety programs — and any procedures — required under this Part;
(c) advise on the provision of personal protective equipment suited to the needs of the employees;
(d) make recommendations, for the improvement of occupational health and safety, to the operator and the employers and employees at the workplace and to any supplier, owner or provider of services that carries out duties or functions under this Part; and
(e) participate in the activities described in subsection 205.079(1).
Marginal note:Limitation of liability
(6) An individual who serves as a member of a workplace committee is not personally liable for anything done or omitted to be done by them in good faith while carrying out their duties or functions.
Marginal note:Number of members
205.044 (1) A workplace committee consists of any number of individuals that may be agreed to by the operator and the employees at the workplace or the unions representing them.
Marginal note:Selection of members
(2) The operator shall select no more than half of the members of a workplace committee from among employees at the workplace, at least one of whom shall be a representative of the operator. The other members, who represent the employees, shall be selected by the employees, or the unions representing them, from among employees at the workplace who do not exercise managerial functions.
Marginal note:Meetings
(3) A workplace committee shall meet at least once every month, or more frequently if the Chief Safety Officer requires it.
Marginal note:Time off work
(4) An employee who is a member of a workplace committee is entitled to any time off from work that is necessary to enable them to fulfil their duties and functions as a member of the committee, including time off to take training. That time off is considered to be work time for which the employee shall be paid the same wages and granted the same benefits that the employee would have received had they worked for that time.
Marginal note:Rules of procedure
(5) A workplace committee may establish its own rules of procedure, but in establishing those rules it shall comply with any requirements that are prescribed.
Marginal note:Co-chairpersons
(6) A workplace committee is to be co-chaired by two of its members, one chosen by members that have been selected by employees, or unions representing them, and the other chosen by members that have been selected by the operator.
Marginal note:Resolution of disagreements
(7) If there is disagreement as to the size of a workplace committee, the selection of members or any other matter that prevents or impairs the proper functioning of the committee, the Chief Safety Officer shall determine the matter and provide those concerned with a written determination. A determination by the Chief Safety Officer is final and binding and not subject to review or appeal.
Marginal note:Occupational health and safety coordinator
205.045 (1) If an operator establishes a workplace for six months or less, the operator shall — unless there is already an occupational health and safety committee for the workplace that meets the requirements of subsections 205.044(1), (2) and (6) — designate an employee at that workplace who has been approved by the Chief Safety Officer to act as an occupational health and safety coordinator in respect of that workplace.
Marginal note:Duties of coordinator
(2) The coordinator shall
(a) receive, consider, investigate if necessary, and promptly dispose of matters and complaints related to occupational health and safety;
(b) assist their employer in carrying out the employer’s duties under paragraph 205.022(f);
(c) maintain records in a form and manner approved by the Chief Safety Officer, and provide a copy of those records, on request, to a health and safety officer, or to any person within a class of persons that is prescribed; and
(d) perform any other duties that are assigned to them by the Chief Safety Officer.
Marginal note:Recommendations
(3) The coordinator may make recommendations, for the improvement of occupational health and safety, to the operator and the employers and employees at the workplace and to any supplier, owner or provider of services that has duties or functions under this Part.
Marginal note:Duties of operator
(4) The operator shall
(a) ensure that the coordinator is informed of their responsibilities as coordinator under this section;
(b) ensure that the coordinator is provided with the training in health and safety — including any that is prescribed — necessary to enable them to fulfil their duties and functions as coordinator; and
(c) make readily available to employees at the workplace, in printed form, the name of the coordinator and the coordinator’s contact information.
Marginal note:Duties of operator and employer
(5) The operator and the employers at the workplace shall cooperate with the coordinator and facilitate communications between the coordinator and the employees at the workplace.
Marginal note:Limitation of liability
(6) An individual who serves as a coordinator is not personally liable for anything done or omitted to be done by them in good faith while carrying out their duties or functions.
Marginal note:Time off work
(7) An employee who is a coordinator is entitled to any time off from work that is necessary to enable them to fulfil their duties and functions as a coordinator, including time off to take training. That time off is considered to be work time for which the employee shall be paid the same wages and granted the same benefits that the employee would have received had they worked for that time.
Marginal note:Order to establish special committee — operator
205.046 (1) The Chief Safety Officer may, after consultation with an operator, order the operator to establish a special committee for any of its workplaces for particular purposes related to occupational health and safety.
Marginal note:Order to establish special committee — employer
(2) The Chief Safety Officer may, after consultation with an employer having control over a workplace, the operator, and the employer’s employees at the workplace or the union representing them, order the employer to establish a special committee for that workplace for particular purposes related to occupational health and safety.
Marginal note:Mandate, duties and functions
(3) The order shall set out the mandate, duties and functions of the special committee and the responsibilities of the operator or employer, as the case may be.
Marginal note:Time limit
(4) The operator or employer, as the case may be, shall establish the special committee within 15 days after the day on which it receives the order.
Marginal note:Provisions applicable
(5) Paragraphs 205.043(5)(b) and (d) and subsections 205.043(6) and 205.044(1) to (7) apply, with any modifications that the circumstances require, in respect of a special committee.
Marginal note:Response to recommendations
205.047 (1) Subject to subsections (4), (6) and (7), an operator or employer who receives recommendations from a committee established for any of the operator’s workplaces or for a workplace under the employer’s control, as the case may be, together with a written request to respond to the recommendations, shall provide a written response within 21 days after the day on which it receives the request.
Marginal note:Nature of response
(2) The response shall indicate the recommendations being accepted as well as the action, if any, that will be taken and the date by which it will be taken, and the recommendations being rejected, together with the reasons for the rejection.
Marginal note:Response delayed — explanation
(3) If it is not possible to provide a response within 21 days, the operator or employer, as the case may be, shall within that period provide the committee with a written explanation for the delay and propose a date on which the response will be provided.
Marginal note:Revised date for response
(4) Unless the committee notifies the operator or employer, as the case may be, that it is not satisfied that the explanation provided or the proposed date is reasonable, the operator or employer shall provide the response by that date.
Marginal note:Report of delay
(5) If the committee is not satisfied that the explanation provided or the proposed date indicated is reasonable, the committee shall promptly report the matter to an occupational health and safety officer.
Marginal note:Confirmation of date
(6) If the occupational health and safety officer is satisfied that the explanation provided and the proposed date are reasonable, the officer shall notify the committee, and the operator or employer, as the case may be, that the operator or employer is to provide the response by the date indicated. The operator or employer, as the case may be, shall provide the response by that date.
Marginal note:Fixing new date
(7) If the occupational health and safety officer is not satisfied that the explanation provided or the proposed date is reasonable, the officer shall determine the date on which the response is to be provided and notify the committee, and the operator or employer, as the case may be, of that date. The operator or employer, as the case may be, shall provide the response by that date.
Marginal note:Report regarding response
(8) If the committee has not been provided with a response to its recommendations within the period required or if it considers that the response is not satisfactory, it shall inform an occupational health and safety officer of the matter.
Workplace Monitoring
Marginal note:Observers
205.048 (1) A workplace committee may choose an employee at the workplace to observe
(a) the set-up of, or any change to, systems for monitoring conditions at the workplace that affect the health or safety of employees, including systems for taking samples and measurements; and
(b) the subsequent monitoring of the conditions referred to in paragraph (a), including the taking of samples and measurements.
Marginal note:Observers
(2) Every employer who conducts an activity described in paragraph (1)(a) or (b) at the workplace, and the operator if the operator conducts such an activity, shall permit the observer to observe the activity.
Marginal note:Exception
(3) Subsection (2) does not apply in an emergency situation, or in respect of monitoring referred to in paragraph (1)(b) that is carried out continuously or on a regular and frequent basis.
Marginal note:Notice and access
(4) When an operator or an employer monitors health and safety conditions at a workplace, the following requirements apply:
(a) if an employer is carrying out the monitoring, the employer shall give reasonable notice to the operator to enable the operator to comply with paragraph (b);
(b) if an operator is carrying out the monitoring or is notified under paragraph (a), the operator shall give reasonable notice of the commencement of monitoring to all employers at the workplace;
(c) the operator or the employer carrying out the monitoring shall give reasonable notice of the commencement of monitoring to the observer, and shall provide the observer with access to the workplace for the purpose of observing the monitoring; and
(d) the operator or employer carrying out the monitoring shall, at the request of the observer, explain the monitoring process to the observer.
Marginal note:Monitoring by health and safety officers
(5) Monitoring may be carried out on the order of a health and safety officer under section 205.073 even if the notices referred to in paragraphs (4)(a) to (c) have not been given.
Marginal note:Compensation of employees
(6) An employee acting as an observer shall be paid the same wages and granted the same benefits that the employee would have received had they been working.
Reporting of Occupational Health and Safety Concerns
Marginal note:Duty to report
205.049 (1) An employee who has reasonable cause to believe that a provision of this Part or of the regulations made under this Part has been contravened or that there is likely to be an accident or injury arising out of, linked to or occurring in the course of employment shall report their concern to their supervisor.
Marginal note:Resolve concern
(2) The employee and the supervisor shall try to resolve the employee’s concern between themselves as soon as possible.
Marginal note:Notice to employer, etc.
(3) If the employee’s concern is not resolved, they may notify their employer, and when so notified the employer shall in turn notify the workplace committee or the coordinator, as the case may be, and the operator.
Marginal note:Notice to health and safety officer
(4) If the employee’s concern is not resolved after they notify their employer, the employee may notify a health and safety officer.
Right to Refuse
Marginal note:Refusal to perform activity
205.05 (1) Subject to subsection (2), an employee may refuse to perform an activity at a workplace if they have reasonable cause to believe that the performance of the activity constitutes a danger to themselves or another individual.
Marginal note:Circumstances when refusal not permitted
(2) An employee is not permitted to refuse to perform an activity if the refusal puts the life, health or safety of another individual directly in danger.
Marginal note:Report to supervisor
(3) An employee who refuses to perform an activity shall immediately report the circumstances of the matter to their supervisor.
Marginal note:Action by supervisor
(4) The supervisor shall immediately take action to try to resolve the matter. If the supervisor believes that a danger exists, they shall immediately take any action that is necessary to protect any individual from the danger and to inform the workplace committee or the coordinator, as the case may be, the operator and the employee’s employer of the matter. If the supervisor does not believe that a danger exists, they shall so notify the employee.
Marginal note:Report to employer, etc.
(5) If the employee continues to refuse to perform the activity, they shall immediately notify their employer and the workplace committee or the coordinator, as the case may be, and the employer shall in turn notify the operator and any provider of services that is providing services related to the placement of that employee.
Marginal note:Report to occupational health and safety officer
(6) Immediately after being notified under subsection (5), the operator shall notify an occupational health and safety officer of the continued refusal of the employee to perform the activity and of any remedial action taken.
Marginal note:Recommendations of committee or coordinator
(7) The workplace committee or the coordinator, as the case may be, may make any recommendations that they consider appropriate to the employee, the employee’s employer, the operator and any provider of services that is providing services related to the placement of that employee.
Marginal note:Enquiry and decision
(8) The occupational health and safety officer shall, if the employee continues to refuse to perform the activity, enquire into the matter, taking into account the recommendations, if any, made by the workplace committee or the coordinator. The officer shall give to the employee, the employee’s employer, the operator and any provider of services that is providing services related to the placement of that employee, and to the workplace committee or the coordinator, as the case may be, a written notification of their decision on the matter.
Marginal note:Dangerous situation — order
(9) If the occupational health and safety officer decides that the performance of the activity constitutes a danger to the employee or another individual, the officer shall make any order under subsection 205.093(1) or (2) that the officer considers appropriate, and the employee may continue to refuse to perform the activity until the order is complied with or until it is varied or revoked under this Part.
Marginal note:No right to refuse
(10) If the occupational health and safety officer decides that the performance of the activity does not constitute a danger to the employee or another individual, or that the refusal puts the life, health or safety of another individual directly in danger, the employee is not entitled under this section to continue to refuse to perform the activity.
Marginal note:Opportunity to explain reasons for refusal
205.051 (1) An employee who refuses under section 205.05 to perform an activity may accompany an occupational health and safety officer when the officer is enquiring into the matter under subsection 205.05(8), for the purpose of explaining the reasons for the employee’s refusal.
Marginal note:Compensation of employee
(2) An employee who, under subsection (1), accompanies an occupational health and safety officer shall, during that time, be paid the same wages and granted the same benefits that the employee would have received if they had not exercised their right to refuse.
Marginal note:Assignment of equivalent work
205.052 (1) Subject to any applicable collective agreement or other agreement, if an employee refuses under section 205.05 to perform an activity, the employer may assign reasonably equivalent work to the employee until the employee, by virtue of subsection 205.05(9) or (10), is no longer permitted to refuse to perform the activity.
Marginal note:Compensation during assignment
(2) If the employee is assigned reasonably equivalent work, the employer, or the provider of services that is providing services related to the placement of the employee, as the case may be, shall pay them the same wages and grant them the same benefits that they would have received had they not refused to perform the activity.
Marginal note:Compensation if no assignment
(3) If the employee is not assigned reasonably equivalent work, the employer, or the provider of services that is providing services related to the placement of the employee, as the case may be, shall, until the employee, by virtue of subsection 205.05(9) or (10) is no longer permitted to refuse to perform the activity, pay the employee the same wages and grant the employee the same benefits that they would have received had they not refused to perform the activity.
Marginal note:No compensation if refusal of equivalent work
(4) Subject to any applicable collective agreement or other agreement, if the employee refuses an assignment of reasonably equivalent work, they are not entitled to receive any wages or benefits.
Marginal note:Other employees
(5) For as long as the employee continues to exercise their right to refuse to perform an activity, another employee shall not be assigned to perform the activity unless the employer has advised that other employee of the refusal, the reasons for the refusal and the right of that other employee to refuse to perform the activity.
Marginal note:Repayment
(6) Subject to any applicable collective agreement or other agreement, the employer, or the provider of services that is providing services related to the placement of the employee, as the case may be, may require repayment of any wages and benefits received by an employee under subsection (3) if the provincial labour relations board determines in respect of an application made under section 205.063, after all avenues of redress have been exhausted by the employee, that the employee received the wages and benefits knowing that no circumstances existed that would warrant the refusal.
Marginal note:Compensation for other employees
205.053 (1) Subject to any applicable collective agreement or other agreement, an employee at a workplace who is affected by a work stoppage arising from a refusal by another employee to perform an activity shall be paid the same wages and granted the same benefits that they would have received had no work stoppage occurred, until work resumes or until they return to their usual point of disembarkation on shore, whichever event occurs first.
Marginal note:Equivalent work
(2) Subject to any applicable collective agreement or other agreement, an employer may assign reasonably equivalent work to an employee who is affected by a work stoppage at the same wages and benefits that the employee would have received if no work stoppage had occurred.
Marginal note:Refusal to be transported
205.054 (1) An employee may refuse to be transported on a passenger craft if they have reasonable cause to believe that being transported on it constitutes a danger to them.
Marginal note:Report to operator
(2) An employee who refuses to be transported on a passenger craft shall use the contact information provided under paragraph 205.014(1)(b) to immediately report the circumstances of the matter.
Marginal note:Notice to Chief Safety Officer or delegate
(3) On being notified of a refusal under subsection (2), the operator shall immediately notify the Chief Safety Officer unless the Chief Safety Officer has provided other contact information for the purposes of this subsection, in which case the operator shall use that contact information to make the notification.
Marginal note:Notice to passengers
(4) For as long as the employee continues to exercise their right to refuse to be transported on the passenger craft, or for any longer period specified by the Chief Safety Officer, the operator shall notify all other employees and other passengers to be transported on the passenger craft, before they are transported, of the refusal, the reasons for the refusal and the right of employees to refuse to be transported.
Marginal note:Action by operator
(5) The operator shall immediately take action to try to resolve the matter. If the operator believes that the transportation constitutes a danger to the employee, it shall immediately take any remedial action that is necessary and inform the workplace committee established for the workplace to or from which the employee was to be transported, and an occupational health and safety officer, of the matter. If the operator does not believe that the transportation constitutes a danger to the employee, it shall so notify the employee.
Marginal note:Report to workplace committee, etc.
(6) If the employee continues to refuse to be transported, the operator shall immediately notify the workplace committee, the employee’s employer and an occupational health and safety officer of the continued refusal of the employee to be transported and of any remedial action taken. The employer shall in turn notify any provider of services that is providing services related to the placement of that employee.
Marginal note:Recommendations of committee
(7) The workplace committee may make any recommendations to the employee and the operator that it considers appropriate.
Marginal note:Enquiry and decision
(8) The occupational health and safety officer shall, if the employee continues to refuse to be transported, enquire into the matter, taking into account any recommendations made by the workplace committee. The occupational health and safety officer shall decide whether the transportation constitutes a danger to the employee, and shall give to the employee, the employee’s employer, the operator and the workplace committee a written notification of the decision. The employer shall in turn notify any provider of services that is providing services related to the placement of that employee.
Marginal note:Dangerous situation — order
(9) If the occupational health and safety officer decides that the transportation constitutes a danger to the employee, the officer shall make any order under subsection 205.093(1) or (2) that they consider appropriate, and an employee may continue to refuse to be transported until the order is complied with or until it is varied or revoked under this Part.
Marginal note:No right to refuse
(10) If the occupational health and safety officer decides that the transportation does not constitute a danger to the employee, the employee is not entitled to continue to refuse to be transported.
Marginal note:Assignment of equivalent work
205.055 (1) Subject to any applicable collective agreement or other agreement, if an employee refuses under section 205.054 to be transported, the employer may assign reasonably equivalent work to the employee until the employee, by virtue of subsection 205.054(9) or (10), is no longer permitted to refuse to be transported.
Marginal note:Compensation during assignment
(2) If an employee is assigned reasonably equivalent work, the employer or the provider of services that is providing services related to the placement of the employee, as the case may be, shall pay the employee the same wages and grant the employee the same benefits that they would have received had they not refused to be transported.
Marginal note:Compensation if no assignment
(3) If an employee has not been assigned reasonably equivalent work, the employer or the provider of services that is providing services related to the placement of the employee, as the case may be, shall, until the employee, by virtue of subsection 205.054(9) or (10), is no longer permitted to refuse to be transported, pay the employee the same wages and grant the employee the same benefits that they would have received had they not refused to be transported.
Marginal note:No compensation if refusal of equivalent work
(4) Subject to any applicable collective agreement or other agreement, if an employee refuses an assignment of reasonably equivalent work, the employee is not entitled to receive any wages or benefits.
Marginal note:Repayment
(5) Subject to any applicable collective agreement or other agreement, the employer, or the provider of services that is providing services related to the placement of the employee, as the case may be, may require repayment of any wages and benefits received by an employee under subsection (3) if the provincial labour relations board determines in respect of an application made under section 205.063, after all avenues of redress have been exhausted by the employee, that the employee received the wages and benefits knowing that no circumstances existed that would warrant the refusal.
Pregnant or Nursing Employees
Marginal note:Cessation of functions
205.056 (1) Without prejudice to the rights conferred by section 205.05 and subject to this section, an employee who is pregnant or nursing may cease to perform her job if she believes that, by reason of the pregnancy or nursing, continuing any of the functions connected with her regular work may pose a risk to her health or to that of her foetus or child.
Marginal note:Notification
(2) On being informed of the cessation, the employer, with the written consent of the employee, shall notify the workplace committee established for the employee’s workplace or the coordinator, as the case may be.
Marginal note:Medical certificate
(3) The employee shall provide to her employer, and any provider of services that is providing services related to her placement, as soon as possible, a certificate of a medical practitioner of her choice who is entitled to practise medicine under the laws of a province
(a) certifying that continuing any of the functions connected with her regular work poses a risk to her health or to that of her foetus or child and indicating the expected duration of the risk and the activities or conditions to avoid in order to eliminate the risk; or
(b) certifying that continuing the functions connected with her regular work does not pose a risk to her health or to that of her foetus or child.
Marginal note:Provision no longer applicable
(4) Without prejudice to any other right conferred by this Part, by a collective agreement, by another agreement or by any terms and conditions of employment, once the medical practitioner has established that there is a risk as described in subsection (1), the employee is no longer permitted to cease to perform her job under that subsection.
Marginal note:Employer may reassign
(5) For the period during which the employee does not perform her job under subsection (1), the employer may, in consultation with the employee, reassign her to another job that would not pose a risk to her health or to that of her foetus or child.
Marginal note:Status of employee
(6) Whether or not the employee has been reassigned to another job, she is deemed to continue to hold the job that she held at the time she ceased to perform her job and is to continue to receive the wages and benefits that are attached to that job for the period during which she does not perform the job.
Marginal note:Reassignment and job modification
205.057 (1) An employee who is pregnant or nursing may, during the period from the beginning of the pregnancy to the end of the twenty-fourth week following the birth, request that the employer modify the functions connected with her regular work or reassign her to another job if, by reason of the pregnancy or nursing, continuing any of those functions may pose a risk to her health or to that of her foetus or child.
Marginal note:Medical certificate
(2) The employee’s request shall be accompanied by a certificate described in paragraph 205.056(3)(a).
Marginal note:Employer’s obligations
205.058 (1) An employer to whom a request has been made under subsection 205.057(1) shall examine the request in consultation with the employee and, if feasible, shall modify the functions connected with her regular work or shall reassign her. The employer shall notify any provider of services that is providing services related to the placement of that employee that the request has been made.
Marginal note:Rights of employee
(2) An employee who has made a request under subsection 205.057(1) is entitled to continue in her current job while the employer examines her request, but, if the risk posed by continuing any of the functions connected with her regular work so requires, she is entitled to and shall be granted a leave of absence with the same wages and benefits — payable by the employer or any provider of services that is providing services related to the placement of that employee, as the case may be — that she would have received had she not been on leave of absence until the employer
(a) modifies the functions connected with her regular work or reassigns her; or
(b) informs her in writing that it is not feasible to modify the functions connected with her regular work or to reassign her.
Marginal note:Onus of proof
(3) The onus is on the employer to show that a modification of the functions connected with the employee’s regular work or a reassignment that would avoid the activities or conditions indicated in the medical certificate is not feasible.
Marginal note:Employee to be informed
(4) If the employer concludes that a modification of the functions connected with the employee’s regular work or a reassignment that would avoid the activities or conditions indicated in the medical certificate is not feasible, the employer shall so inform her in writing.
Marginal note:Status of employee
(5) If the functions connected with the employee’s regular work are modified or the employee is reassigned, the employee is deemed to continue to hold the job that she held at the time of making the request under subsection 205.057(1), and shall continue to receive the wages and benefits that are attached to that job.
Marginal note:Employee’s right to leave
(6) An employee referred to in subsection (4) is entitled to and shall be granted a leave of absence for the duration of the risk as indicated in the medical certificate.
Reprisals and Complaints
Definition of “reprisal action”
205.059 (1) In this section and in sections 205.06 and 205.062, “reprisal action” means an action that
(a) adversely affects an employee with respect to their terms or conditions of employment or any opportunity for employment or promotion, including dismissal, lay-off, suspension, demotion, transfer of job or location, discontinuation or elimination of the job, change in hours of work, reduction in wages or benefits, coercion, intimidation or the imposition of any disciplinary sanction, reprimand or other penalty; and
(b) is taken, in whole or in part, because the employee has acted in accordance with the provisions of this Part or of the regulations made under this Part or with a decision or order made under any of those provisions or has taken steps to ensure that those provisions are complied with.
Marginal note:Prohibition
(2) No operator, employer, provider of services or union shall take, or threaten to take, reprisal action against an employee.
Marginal note:No action against employee
(3) Without limiting the generality of subsection (2), actions referred to in paragraph (1)(a) cannot be taken against an employee for
(a) seeking to establish a committee, participating in the establishment or work of a committee or acting as a member of a committee or as a coordinator;
(b) acting as an observer under section 205.048;
(c) making a report under section 205.049;
(d) refusing to perform an activity under section 205.05, refusing to be transported under section 205.054 or ceasing to perform a job under section 205.056;
(e) requesting the employer under section 205.057 to modify the functions connected with the employee’s regular work or to reassign the employee;
(f) seeking access to information to which the employee is entitled under this Part;
(g) testifying in any proceeding or inquiry under this Part; or
(h) giving information in accordance with the provisions of this Part or of the regulations made under this Part or with a decision or order made under any of those provisions to a committee, a coordinator, a health and safety officer or any other person having duties or functions under this Part, or under Part III as it relates to safety.
Marginal note:Disciplinary action
(4) Despite paragraph (3)(d), any action referred to in paragraph (1)(a) may be taken against an employee who has exercised rights under section 205.05 or 205.054 after all avenues of redress have been exhausted by the employee, if the operator, employer, provider of services or union taking the action can demonstrate that the employee has wilfully abused those rights.
Marginal note:Reasons
(5) The operator, employer, provider of services or union shall provide the employee with written reasons for any action taken under subsection (4) within 15 days after the day on which a request is received from the employee to do so.
Marginal note:Application by employee for decision
205.06 (1) An employee may, either personally or through a representative, apply to the provincial labour relations board for a decision as to whether
(a) an employer or provider of services has failed to pay wages or grant benefits to the employee that are required under subsection 205.019(2), 205.044(4), 205.045(7), 205.048(6), 205.051(2), 205.052(2) or (3), 205.053(1) or (2), 205.055(2) or (3), 205.056(6) or 205.058(2) or (5); or
(b) a person or organization has taken or threatened to take reprisal action against the employee contrary to subsection 205.059(2).
Marginal note:Time limit
(2) The application shall be made within 90 days after the day on which the grounds for the application became known or ought to have become known to the employee.
Marginal note:Burden of proof
(3) In a proceeding before the provincial labour relations board in respect of an allegation that reprisal action referred to in paragraph (1)(b) has been taken or threatened, the burden of proving that no such reprisal action has been taken or threatened is on the person or organization against whom the allegation is made.
Marginal note:Conduct of proceeding
(4) The rules of practice and procedure that apply to applications for the determination of a matter made under the Labour Relations Act, R.S.N.L. 1990, c. L-1, as amended from time to time (in this section and in sections 205.063, 205.1 and 205.103 referred to as the “Provincial Labour Relations Act”) apply to applications made under subsection (1).
Marginal note:Costs
(5) The costs incurred by the provincial labour relations board in respect of an application made under subsection (1), including the remuneration of its members, shall be paid by the Board as defined in section 2.
Marginal note:Powers, privileges and immunities
(6) The provincial labour relations board and each of its members has the powers, privileges and immunities granted by the Provincial Labour Relations Act.
Marginal note:Non-application of Federal Courts Act
(7) For the purposes of the Federal Courts Act, the provincial labour relations board, when exercising jurisdiction or powers under this section, is not a federal board, commission or other tribunal as defined in subsection 2(1) of that Act.
Marginal note:Grievance under collective agreement
(8) An employee who is aggrieved by a subject-matter described in paragraph (1)(a) or (b) should, if the employee is bound by a collective agreement that provides for final and binding arbitration of grievances in respect of the subject-matter, present a grievance under the agreement.
Marginal note:Exercise of rights
(9) An employee who exercises their right within the time permitted under the collective agreement is not permitted to make an application under subsection (1) in respect of the same subject-matter unless it is determined that the arbitrator does not have jurisdiction to hear the grievance. In that case, the employee may, within 90 days after the day on which a final determination is made that the arbitrator does not have jurisdiction, make an application under that subsection.
Marginal note:Notice of decision
205.061 If the provincial labour relations board dismisses an application made under subsection 205.06(1) it shall immediately give notice of the decision to the applicant, the Chief Safety Officer and the operator, as well as to the employer, provider of services, person or organization that is the subject of the application.
Marginal note:Order to pay wages or grant benefits
205.062 (1) If the provincial labour relations board decides that an employer or a provider of services that is providing services related to the placement of an employee has failed to pay wages or grant benefits to the employee that are required under this Part, it may order the employer or provider of services, as the case may be, subject to any terms and conditions that it considers appropriate,
(a) to pay those wages or grant those benefits; and
(b) to take any other measure necessary to remedy the matter.
Marginal note:Order in case of reprisal action
(2) If the provincial labour relations board decides that a person or organization has taken reprisal action contrary to subsection 205.059(2), it may, subject to any terms and conditions that it considers appropriate, order
(a) the reinstatement of an employee by an employer on the same terms and conditions under which the employee was employed immediately before the reprisal action;
(b) the payment or the granting to an employee, by the person or organization, of any wages or benefits that the employee would have been entitled to but for the reprisal action;
(c) the removal of any reprimand or other references to the matter from the records of any person or organization;
(d) the reinstatement of an employee to a union if the employee has been expelled by the union; and
(e) the taking by the person or organization of any other measure necessary to remedy the matter.
Marginal note:Order in case of threat of reprisal action
(3) If the provincial labour relations board decides that a person or organization has threatened to take reprisal action contrary to subsection 205.059(2), it shall order the person or organization not to take that action.
Marginal note:Copy of order to Chief Safety Officer
(4) The provincial labour relations board shall, immediately after making an order under this section, give a copy of it to the Chief Safety Officer.
Marginal note:Order to specify breach
(5) An order made under this section shall specify the provisions of this Part or of the regulations made under this Part that have not been complied with or the nature of any reprisal action taken or threatened to be taken contrary to subsection 205.059(2), as the case may be.
Marginal note:Application by employer or provider of services
205.063 (1) An employer or a provider of services may apply in writing to the provincial labour relations board for a determination as to whether
(a) an employee has received wages and benefits under subsection 205.052(3) knowing that no circumstances existed that would warrant the employee’s refusal, under section 205.05, to perform an activity; or
(b) an employee has received wages and benefits under subsection 205.055(3) knowing that no circumstances existed that would warrant the employee’s refusal, under section 205.054, 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.
Marginal note:Conduct of proceeding
(4) The rules of practice and procedure that apply to applications for the determination of a matter made under the Provincial Labour Relations Act apply to applications made under subsection (1).
Marginal note:Costs
(5) The costs incurred by the provincial labour relations board in respect of an application made under subsection (1), including the remuneration of its members, shall be paid by the Board as defined in section 2.
Marginal note:Powers, privileges and immunities
(6) The provincial labour relations board and each of its members has the powers, privileges and immunities granted by the Provincial Labour Relations Act.
Marginal note:Non-application of Federal Courts Act
(7) For the purposes of the Federal Courts Act, the provincial labour relations board, when exercising jurisdiction or powers under this section, is not a federal board, commission or other tribunal as defined in subsection 2(1) of that Act.
Marginal note:Notice of decision
205.064 If the provincial labour relations board dismisses an application made under subsection 205.063(1), it 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.
Marginal note:Notice of decision
205.065 If the provincial labour relations board determines that an employee has received wages and benefits under subsection 205.052(3) or 205.055(3) knowing that no circumstances existed that would warrant the refusal by the employee under section 205.05 to perform an activity, or the refusal by the employee under section 205.054 to be transported, as the case may be, it 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.
Activities of Board
Marginal note:Research, studies and programs
205.066 (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.
Marginal note:Guidelines and interpretation notes
205.067 (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.
Authorization
Marginal note:Recommendation of Chief Safety Officer
205.068 (1) On receipt under subsection 138(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.
Substitutions
Marginal note:Powers of Chief Safety Officer — workplace
205.069 (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.
Marginal note:Powers of Chief Safety Officer — passenger craft
205.07 (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.
Administration and Enforcement
Marginal note:Occupational health and safety officers
205.071 (1) Subject to subsection (3), the Federal Minister shall, within 30 days after the day on which the Minister is notified that the Provincial Minister has designated an individual as an occupational health and safety officer under the Provincial Act, designate that individual as an occupational health and safety officer for the purposes of the administration and enforcement of this Part.
Marginal note:Notice of designation
(2) The Federal Minister shall, without delay after making the designation, notify the Provincial Minister in writing that the designation has been made and provide a copy to the Board.
Marginal note:Restriction
(3) The Federal Minister shall not designate an individual if he or she is not satisfied that the individual is qualified to exercise the powers and carry out the duties and functions of an occupational health and safety officer under this Part. If an individual is not designated, the Federal Minister shall without delay notify the Provincial Minister of it in writing and provide a copy to the Board.
Marginal note:Limitation
(4) No individual may be designated under subsection (1) unless they have been recommended to the Provincial Minister by the Board.
Marginal note:Indemnification
(5) An individual designated under subsection (1) who is not an employee of the Board is deemed to be an officer for the purposes of section 16.
Marginal note:Certificate to be produced
(6) An individual designated under subsection (1) shall be provided with a certificate of designation, and, on entering any place under the authority of this Part shall, if so requested, produce the certificate to the person in charge of the place.
Marginal note:Special officers
205.072 (1) If the Provincial Minister is satisfied that the circumstances described in paragraphs (a) and (b) exist and he or she appoints an individual as a special officer under the Provincial Act in relation to a matter connected to the risk described in paragraph (a), the Federal Minister may, after being advised of that appointment, and subject to subsection (2), designate that individual as a special officer for the purposes of the administration and enforcement of this Part in relation to the same matter:
(a) there are reasonable grounds to believe that action by a special officer is required to avoid a serious risk to the health and safety of employees in the offshore area within the near future; and
(b) the risk cannot be avoided through the exercise of powers conferred under subsection 42(1.1) or section 205.119 or 205.12.
Marginal note:Restriction
(2) The Federal Minister may designate the individual only if he or she, after consulting with the Minister of Labour, is satisfied that the circumstances described in paragraphs (1)(a) and (b) exist and that the individual is qualified to exercise the powers and carry out the duties and functions of a special officer under this Part.
Marginal note:Notice of designation
(3) The Federal Minister shall, without delay after making a designation, notify the Provincial Minister in writing that the designation has been made and provide a copy to the Board.
Marginal note:Certificate to be produced
(4) The individual shall be provided with a certificate of designation and, on entering any place under the authority of this Part, shall, if so requested, produce the certificate to the person in charge of the place.
Marginal note:No liability
(5) No action lies against the Board for anything done or omitted to be done by an individual designated under subsection (1) while carrying out their duties or functions, or by any person in the course of assisting such an individual.
Marginal note:Orders for verifying compliance
205.073 (1) A health and safety officer may, for the purpose of verifying compliance with this Part, order an operator, employer, employee, supervisor, interest holder, owner, provider of services or supplier
(a) to do, in a place that is used for any work or activity for which an authorization has been issued, including a passenger craft or an aircraft or vessel that has been used or is intended to be used as a passenger craft, any of the following:
(i) inspect anything,
(ii) pose questions or conduct tests or monitoring, and
(iii) take photographs or measurements or make recordings or drawings;
(b) to accompany or assist the officer while the officer is in a place described in paragraph (a);
(c) to produce a document or another thing that is in their possession or control, or to prepare and produce a document based on data or documents that are in their possession or control, in the form and manner that the officer may specify;
(d) to provide, to the best of their knowledge, information relating to any matter to which this Part applies, or to prepare and produce a document based on that information, in the form and manner that the officer may specify;
(e) to ensure that all or part of a place described in paragraph (a), or anything located in the place, that is under their control, not be disturbed for a reasonable period pending the exercise of any powers under this section; and
(f) to remove anything from a place described in paragraph (a) and to provide it to the officer, in the manner specified by the officer, for examination, testing or copying.
Marginal note:Orders for verifying compliance
(2) A health and safety officer may, for the purpose of verifying compliance with this Part, order any person in charge of a place, other than a person in charge of a place referred to in paragraph (1)(a), in which the officer has reasonable grounds to believe that there is anything to which this Part applies
(a) to inspect anything in the place;
(b) to pose questions, or conduct tests or monitoring, in the place;
(c) to take photographs or measurements, or make recordings or drawings, in the place;
(d) to accompany or assist the officer while the officer is in the place;
(e) to produce a document or another thing that is in their possession or control, or to prepare and produce a document based on data or documents that are in their possession or control, in the form and manner that the officer may specify;
(f) to provide, to the best of their knowledge, information relating to any matter to which this Part applies, or to prepare and produce a document based on that information, in the form and manner that the officer may specify;
(g) to ensure that all or part of the place, or anything located in the place, that is under their control, not be disturbed for a reasonable period pending the exercise of any powers under this section; and
(h) to remove anything from the place and to provide it to the officer, in the manner specified by the officer, for examination, testing or copying.
Marginal note:Powers on entry
(3) A health and safety officer may, for the purpose of verifying compliance with this Part and subject to section 205.075, enter a place that is used for any work or activity for which an authorization has been issued, including a passenger craft or an aircraft or vessel that has been used or is intended to be used as a passenger craft, or any other place in which the officer has reasonable grounds to believe that there is anything to which this Part applies, and may for that purpose
(a) inspect anything in the place;
(b) pose questions, or conduct tests or monitoring, in the place;
(c) take samples from the place, or cause them to be taken, for examination or testing, and dispose of those samples;
(d) remove anything from the place, or cause it to be removed, for examination, testing or copying;
(e) while at the place, take or cause to be taken photographs or measurements, make or cause to be made recordings or drawings or use systems in the place that capture images or cause them to be used;
(f) use any computer system in the place, or cause it to be used, to examine data contained in or available to it;
(g) prepare a document, or cause one to be prepared, based on data contained in or available to the computer system;
(h) use any copying equipment in the place, or cause it to be used, to make copies;
(i) be accompanied while in the place by any individual, or be assisted while in the place by any person, that the officer considers necessary; and
(j) meet in private with any individual in the place, with the agreement of that individual.
Marginal note:Clarification
(4) For greater certainty, a health and safety officer who has entered a place under subsection (3) may order any individual in the place to do anything described in paragraphs (1)(a) to (f) or (2)(a) to (h), as the case may be.
Marginal note:Return of things removed
(5) Anything removed under paragraph (1)(f), (2)(h) or (3)(d) for examination, testing or copying shall, if requested by the person from whom it was removed, be returned to that person after the examination, testing or copying is completed, unless it is required for the purpose of a prosecution under this Part.
Marginal note:Reports to be provided to operator
205.074 (1) A health and safety officer shall provide to an operator written reports respecting anything inspected, tested or monitored at any of its workplaces by, or on the order of, the officer for the purpose of verifying compliance with this Part.
Marginal note:Reports to be provided to employer
(2) A health and safety officer shall provide to each employer at a workplace written reports respecting anything inspected, tested or monitored at the workplace by, or on the order of, the officer for the purpose of verifying compliance with this Part that relate to the health and safety of the employer’s employees.
Marginal note:Editing of report — trade secrets
(3) If a report contains a trade secret, the health and safety officer may edit the report to protect the trade secret.
Marginal note:Editing of report — medical and other information
(4) If a report contains information relating to the medical history of an identifiable individual or other prescribed information relating to an identifiable individual, the health and safety officer shall edit the report to protect that information before providing it to an operator or employer, unless the individual to whom the information relates consents in writing to the disclosure of the information to the operator or employer.
Marginal note:Entering living quarters
205.075 (1) If the place referred to in subsection 205.073(3) is living quarters, a health and safety officer is not authorized to enter those quarters without the consent of the occupant except
(a) to execute a warrant issued under subsection (4);
(b) to verify that any lifesaving equipment that is prescribed is readily available and in good condition; or
(c) to verify that those quarters, if on a marine installation or structure, are in a structurally sound condition sufficient to ensure the health and safety of employees.
Marginal note:Notice
(2) The officer shall provide reasonable notice to the occupant before entering living quarters under paragraph (1)(b) or (c).
Marginal note:Exception
(3) Despite paragraphs (1)(b) and (c), any locker in the living quarters that is fitted with a locking device and that is assigned to the occupant shall not be opened by the officer without the occupant’s consent except under the authority of a warrant issued under subsection (4).
Marginal note:Authority to issue warrant
(4) On ex parte application, a justice of the peace may issue a warrant authorizing a health and safety officer who is named in it to enter living quarters subject to any conditions specified in the warrant if the justice is satisfied by information on oath that
(a) the living quarters are a place referred to in subsection 205.073(3);
(b) entry to the living quarters is necessary to verify compliance with this Part; and
(c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused or that consent to entry cannot be obtained from the occupant.
Marginal note:Authority to open locker
(5) The warrant may also authorize a locker described in subsection (3) to be opened, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that
(a) it is necessary to open the locker to verify compliance with this Part; and
(b) the occupant to whom it is assigned refused to allow it to be opened or there are reasonable grounds to believe that the occupant to whom it is assigned will refuse to allow it to be opened or that consent to opening it cannot be obtained from that occupant.
Marginal note:Use of force
(6) The health and safety officer who executes a warrant issued under subsection (4) shall not use force unless the use of force has been specifically authorized in the warrant.
Marginal note:Telewarrant provisions to apply
(7) A warrant may be issued under this section by telephone or other means of telecommunication on information submitted by a health and safety officer by one of those means, and section 487.1 of the Criminal Code applies for that purpose, with any modifications that the circumstances require.
Definition of “living quarters”
(8) In this section, “living quarters” means sleeping quarters provided for the accommodation of employees on a marine installation or structure or a passenger craft, and any room for the exclusive use of the occupants of those quarters that contains a toilet or a urinal.
Marginal note:Assistance to officers
205.076 (1) The operator for, employers, employees and supervisors at, owners of, suppliers or providers of services to, as well as the person in charge of, a place entered by a health and safety officer under subsection 205.073(3) — and the interest holders having an interest, or a share of an interest, in any portion of the offshore area in which the place is located — shall give all assistance that is reasonably required to enable the officer to verify compliance with this Part and shall provide any documents, data or information that is reasonably required for that purpose.
Marginal note:Transportation, accommodation and food
(2) If the place referred to in subsection 205.073(3) is a workplace, the operator shall provide to the health and safety officer, and to every individual accompanying that officer, free of charge,
(a) suitable transportation between the operator’s usual point of embarkation on shore and the workplace, between the workplace and the operator’s usual point of disembarkation on shore, and between workplaces; and
(b) suitable accommodation and food at the workplace.
Marginal note:False statements or information
205.077 No person shall make a false or misleading statement or provide false or misleading information, in connection with any matter under this Part, to a health and safety officer who is carrying out duties or functions under this Part or to the Chief Safety Officer when he or she is conducting a review under section 205.099.
Marginal note:Obstruction
205.078 No person shall obstruct or hinder a health and safety officer who is carrying out duties or functions under this Part or the Chief Safety Officer when he or she is conducting a review under section 205.099.
Marginal note:Accompaniment of health and safety officer
205.079 (1) A health and safety officer who is inspecting, testing or monitoring anything in a workplace under subsection 205.073(3) shall give to an employer representative at the workplace, and to a member of the workplace committee who represents employees, an opportunity to accompany the officer when the officer is carrying out those activities.
Marginal note:Employee representative unavailable
(2) If no employee representative from the workplace committee is available, the officer may select one or more other employees to accompany them.
Marginal note:Unaccompanied examination
(3) The officer may carry out the activities without being accompanied by an employer or employee representative if either or both of them are unavailable and the officer considers that it is necessary to proceed immediately with those activities.
Marginal note:Consultation with employees
(4) If the officer is not accompanied by an employee representative, the officer shall endeavour to consult with a number of employees when carrying out the activities.
Marginal note:Compensation of employee
(5) An individual who is accompanying or being consulted by an officer under this section shall be paid the same wages and granted the same benefits that the individual would have received had they been working.
Marginal note:Authority to issue warrant
205.08 (1) On ex parte application, a justice of the peace may issue a warrant if the justice is satisfied by information on oath that there are reasonable grounds to believe that there is in any place anything that will provide evidence or information relating to the commission of an offence under this Part.
Marginal note:Powers under warrant
(2) The warrant may authorize a health and safety officer, and any other individual named in the warrant, to at any time enter and search the place and to seize anything specified in the warrant, or do any of the following as specified in it, subject to any conditions that may be specified in it:
(a) conduct examinations, tests or monitoring;
(b) take samples for examination or testing, and dispose of those samples; or
(c) take photographs or measurements, make recordings or drawings, or use systems in the place that capture images.
Marginal note:Where warrant not necessary
(3) A health and safety officer may exercise the powers described in this section without a warrant if the conditions for obtaining the warrant exist but by reason of exigent circumstances it would not be feasible to obtain one.
Marginal note:Exigent circumstances
(4) Exigent circumstances include circumstances in which the delay necessary to obtain the warrant would result in danger to human life or the loss or destruction of evidence.
Marginal note:Operation of computer system and copying equipment
(5) An individual authorized under this section to search a computer system in a place may
(a) use or cause to be used any computer system at the place to search any data contained in or available to the computer system;
(b) reproduce or cause to be reproduced any data in the form of a printout or other intelligible output;
(c) seize any printout or other output for examination or copying; and
(d) use or cause to be used any copying equipment at the place to make copies of the data.
Marginal note:Duty of person in charge of place
(6) Every person who is in charge of a place in respect of which a search is carried out under this section shall, on presentation of the warrant, permit the individual carrying out the search to do anything described in subsection (5).
Marginal note:Transportation, accommodation and food
(7) An operator shall provide, free of charge, to an individual who is executing a warrant under this section at any of its workplaces
(a) suitable return transportation between the workplace and any location from which transportation services to that workplace are usually provided, and between workplaces; and
(b) suitable accommodation and food at the workplace.
Marginal note:Telewarrant provisions to apply
(8) A warrant may be issued under this section by telephone or other means of telecommunication on information submitted by a health and safety officer by one of those means, and section 487.1 of the Criminal Code applies for that purpose, with any modifications that the circumstances require.
Marginal note:Storage and removal
205.081 (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.
Non-disturbance of Scene
Marginal note:Serious injury or death
205.082 (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).
Disclosure of Information
Marginal note:Provision of information
205.083 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.
Marginal note:Information not to be disclosed
205.084 Subject to sections 205.087 to 205.089, 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.
Marginal note:Non-disclosure of identity
205.085 Subject to section 205.088, 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.
Marginal note:Non-disclosure of trade secrets
205.086 (1) Subject to subsections (2) and 205.088(1), trade secrets that become known to a health and safety officer who enters a place under subsection 205.073(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 205.022(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 205.073(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 205.088(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.
Marginal note:Disclosure by Chief Safety Officer
205.087 (1) Despite section 119, 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 205.085 or information the disclosure of which is restricted under section 205.086 — 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.
Marginal note:Access to information by governments
205.088 (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 205.086(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.
Marginal note:Disclosure by Board
205.089 Despite section 119, 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 205.085 or information the disclosure of which is restricted under section 205.086 — if the Board is satisfied that the public interest in making the disclosure clearly outweighs any potential harm resulting from the disclosure.
Proceedings
Marginal note:Privilege
205.09 (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 205.084
(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 205.084 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 205.087(1) or (2) or 205.088(1).
Marginal note:No action against health and safety officer
205.091 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.
Orders and Decisions
Marginal note:Order to terminate contravention
205.092 A health and safety officer who is of the opinion that a provision of this Part or of the regulations made under this Part is being contravened or has recently been contravened by any person may order the person to
(a) terminate the contravention within the time that the officer specifies; and
(b) take measures specified by the officer, within the period that they specify, to ensure that the contravention does not continue or reoccur.
Marginal note:Dangerous situations — order
205.093 (1) If a health and safety officer is of the opinion that the performance of an activity — including the use or operation of any thing or the conditions under which an activity is performed — constitutes a danger to an employee or other individual at a workplace or a passenger on a passenger craft, the officer shall order any person to take measures, immediately or within the period that the officer specifies
(a) to correct the hazard or condition, or to alter the activity, that constitutes the danger; or
(b) to protect any individual from the danger.
Marginal note:Dangerous situations — additional order
(2) If a health and safety officer is of the opinion that the measures cannot be taken immediately, the officer may order any person not to use a place, operate a thing or perform an activity to which an order under subsection (1) relates until that order is complied with.
Marginal note:Necessary measures
(3) Nothing in subsection (2) prevents the doing of anything necessary to comply with the order under subsection (1).
Marginal note:Posting notice of danger
(4) If a health and safety officer makes an order under subsection (2), the officer shall post or affix or cause to be posted or affixed to or near the place or thing to which the order relates, or in the area in which the activity to which the order relates is performed, a notice in the form, and containing the information, that the officer may specify, and no person shall remove the notice unless they are authorized by a health and safety officer to do so.
Marginal note:Cessation of use
(5) If a health and safety officer makes an order under subsection (2), the person to whom the order is directed shall cause the use or operation of the place or thing or the performance of the activity to be discontinued, and no individual shall use or operate the place or thing or perform the activity until the order under subsection (1) is complied with.
Marginal note:Copy of order
205.094 (1) A health and safety officer shall give a copy of any order they make under section 205.092 or subsection 205.093(1) or (2) to the person to whom it is directed and to the operator to whom the order relates. If a special officer makes the order, they shall give a copy of it to the Chief Safety Officer also.
Marginal note:Copy to affected employee
(2) If an occupational health and safety officer makes an order under section 205.092 or subsection 205.093(1) or (2) as a result of being notified under subsection 205.049(4), 205.05(6) or 205.054(6), or decides after being so notified not to make an order, the officer shall, as soon as possible, give a copy of the order, or written notice of the decision, to the employee who made the report under subsection 205.049(1) or who exercised their rights under section 205.05 or 205.054.
Marginal note:Confirmation in writing
(3) If an order is made orally under section 205.092 or subsection 205.093(1) or (2), it shall be confirmed in writing and a copy given, as soon as possible, to the persons who, under subsections (1) and (2), are required to be given a copy.
Marginal note:When order may be made
(4) A health and safety officer may make an order under section 205.092 or subsection 205.093(1) or (2) even if the officer is not physically present in the place to which the order refers.
Marginal note:Compliance notice
205.095 The person to whom an order under section 205.092 or subsection 205.093(1) or (2) is directed shall, within the period specified in the order, submit to the health and safety officer a notice of compliance describing the extent to which they have complied with the order, unless the officer decides that the notice is not necessary because compliance with the order has been achieved.
Marginal note:Priority — special officer
205.096 (1) An order made by a special officer prevails over an order made by an occupational health and safety officer, the Chief Safety Officer, an operational safety officer, a conservation officer or the Chief Conservation Officer, as defined in section 135, to the extent of any inconsistency between the orders.
Marginal note:Priority — occupational health and safety officer
(2) An order or a decision made by an occupational health and safety officer prevails over an order or a decision made by an operational safety officer, a conservation officer or the Chief Conservation Officer, as defined in section 135, to the extent of any inconsistency between the orders or decisions.
Posting and Providing of Certain Documents
Marginal note:Duty of operator or employer
205.097 (1) Subject to subsections (2) and (3), every operator or employer, as the case may be, shall, as soon as practicable after filing or receiving any of the following documents, post a copy of it in a prominent location at the workplace to which it relates and provide a copy of it to the workplace committee or the coordinator, as the case may be:
(a) an order made under section 205.092 or subsection 205.093(1) or (2);
(b) a notice of compliance referred to in section 205.095;
(c) an application for a review made under subsection 205.098(1) or a decision made under subsection 205.099(1); or
(d) an application for a determination made under subsection 205.1(2) or a decision or order made under subsection 205.1(6).
Marginal note:Editing of document — trade secrets
(2) If any document required to be posted under subsection (1) contains a trade secret, the operator or employer, as the case may be, may, before posting it, edit it to protect that trade secret. If the document is edited, the operator or employer shall obtain the written approval of a health and safety officer for the document as edited before posting it.
Marginal note:Editing of document — medical and other information
(3) If any document required to be posted under subsection (1) contains information relating to the medical history of an identifiable individual or other prescribed information relating to an identifiable individual, the operator or employer, as the case may be, shall — unless the individual to whom the information relates consents in writing to the information being posted — before posting it, edit it to protect that information, and obtain the written approval of a health and safety officer for the document as edited.
Marginal note:Obligation to post satisfied
(4) An obligation imposed on an operator or employer under subsection (1) is satisfied if
(a) the operator or employer, as the case may be, ensures that the document is posted for the time necessary, which is at least 30 days or any longer period that is prescribed, to enable employees at the workplace to inform themselves of the content; or
(b) the operator or employer, as the case may be, provides a copy of the document to each employee at the workplace.
Review and Appeals
Marginal note:Review
205.098 (1) Subject to subsection (2), any person who is, or any union representing employees who are, directly affected by a decision of an occupational health and safety officer under subsection 205.05(10) or 205.054(10), or by an order of an occupational health and safety officer under section 205.092 or subsection 205.093(1) or (2), may apply for a review by the Chief Safety Officer of the decision or order.
Marginal note:Exception
(2) If the Chief Safety Officer, acting as an occupational health and safety officer, makes a decision under subsection 205.05(10) or 205.054(10) or an order under section 205.092 or subsection 205.093(1) or (2), he or she is not permitted to review those decisions or orders.
Marginal note:Time limit
(3) An application for a review shall be made in writing to the Chief Safety Officer within 45 days after the date of the decision or order that is the subject of the review being made in writing or, if the decision or order was made orally, of it being confirmed in writing.
Marginal note:No stay
(4) Unless otherwise ordered by the Chief Safety Officer, an application for review of a decision or an order does not operate as a stay of the decision or order.
Marginal note:Decision
205.099 (1) On receiving an application for a review, the Chief Safety Officer shall, in a summary way and without delay, enquire into the circumstances of the decision or order and may confirm, vary or revoke the decision or order. In making his or her enquiry, the Officer may consider new information including, but not limited to, information provided by the applicant.
Marginal note:Review not prevented
(2) The Chief Safety Officer is not prevented from conducting a review by reason only that he or she, in the course of carrying out his or her duties and functions under this Part, receives information regarding the matter under review or communicates with any person concerning that matter.
Marginal note:Communication of decision
(3) The Chief Safety Officer shall provide his or her decision in writing, with reasons, to the applicant, to the operator affected by it and to any person who made representations in relation to the matter under review.
Marginal note:Effect of decision
(4) A decision of the Chief Safety Officer made under this section that is not appealed is final and binding and not subject to review.
Marginal note:Appeal
205.1 (1) Any person who is, or any union representing employees who are, directly affected by any of the following decisions or orders may appeal the decision or order to the provincial labour relations board:
(a) an order of a special officer under section 205.092 or subsection 205.093(1) or (2);
(b) an order of the Chief Safety Officer referred to in subsection 205.046(1) or (2) or 205.098(2); or
(c) a decision of the Chief Safety Officer under subsection 205.099(1).
Marginal note:Time limit
(2) An appeal shall be made by filing an application for a determination of the matter under the Provincial Labour Relations Act within 45 days after the date of the decision or order that is the subject of the appeal.
Marginal note:No stay
(3) Unless otherwise ordered by the provincial labour relations board, an appeal of a decision or order does not operate as a stay of the decision or order.
Marginal note:Chief Safety Officer
(4) The Chief Safety Officer may make representations to the provincial labour relations board in respect of the decision or order being appealed and that board may impose any conditions on the representations that it considers appropriate.
Marginal note:Conduct of appeal
(5) The rules of practice and procedure that apply to applications for the determination of a matter made under the Provincial Labour Relations Act apply to appeals made under subsection (1).
Marginal note:Decision
(6) The provincial labour relations board may revoke, or make an order confirming or varying, the decision or order being appealed, and may make any order that a health and safety officer has the power or duty to make under subsection 205.093(1) or (2) if it is related to the subject-matter of the decision or order being appealed and that board is satisfied that the danger still exists.
Marginal note:Costs
(7) The costs incurred by the provincial labour relations board in respect of an appeal made under subsection (1), including the remuneration of its members, shall be paid by the Board as defined in section 2.
Marginal note:Requirement to give copies to operator, etc.
(8) If the provincial labour relations board makes a decision or order under subsection (6), and an employer is required to receive a copy of the decision or order under the Provincial Labour Relations Act, the operator and Chief Safety Officer shall receive a copy of it as well.
Marginal note:Powers, privileges and immunities
(9) The provincial labour relations board and each of its members has the powers, privileges and immunities granted by the Provincial Labour Relations Act.
Marginal note:Cessation of use
(10) If the provincial labour relations board makes an order that a health and safety officer has the power or duty to make under subsection 205.093(2) in respect of a place, thing or activity, the person to whom the order is directed shall cause the use or operation of the place or thing or the performance of the activity to be discontinued, and no individual shall use or operate the place or thing or perform the activity until the measures ordered by that board have been taken.
Marginal note:Non-application of Federal Courts Act
(11) For the purposes of the Federal Courts Act, the provincial labour relations board, when exercising jurisdiction or powers under this section, is not a federal board, commission or other tribunal as defined in subsection 2(1) of that Act.
Marginal note:Compensation of employees
205.101 Time spent by an employee attending proceedings under section 205.1 as a party, or as a witness as a result of a summons, is considered to be work time for which the employee shall be paid the same wages and granted the same benefits that the employee would have received had they worked for that time.
Marginal note:Non-application of Federal Courts Act
205.102 For the purposes of the Federal Courts Act, neither the Board, the Chief Safety Officer nor a health and safety officer, when exercising or purporting to exercise jurisdiction or powers conferred on them under this Part, is a federal board, commission or other tribunal as defined in subsection 2(1) of that Act.
Enforcement of Orders
Marginal note:Supreme Court of Newfoundland and Labrador
205.103 (1) An order made under any of subsections 205.062(1) to (3) or 205.1(6) may, for the purpose of its enforcement, be made an order of the Supreme Court of Newfoundland and Labrador and shall be enforced in the same manner as any order of that Court.
Marginal note:Procedure for enforcement
(2) To make the order an order of the Supreme Court of Newfoundland and Labrador, the rules of practice and procedure established under the Provincial Labour Relations Act for making any order an order of that Court may be followed.
Marginal note:When order rescinded or replaced
(3) After an order has been made an order of the Supreme Court of Newfoundland and Labrador, any subsequent order rescinding or replacing the first order has the effect of cancelling the order of the Court, and that subsequent order may be made an order of that Court in the same manner.
Offences and Penalties
Marginal note:Offences
205.104 (1) Every person is guilty of an offence who
(a) contravenes any provision of this Part or of the regulations made under this Part;
(b) makes any false entry or statement in any report, record or other document required by this Part or the regulations made under this Part or by any order made under this Part;
(c) destroys, damages or falsifies any report, record or other document required by this Part or the regulations made under this Part or by any order made under this Part;
(d) fails to comply with an order of a health and safety officer;
(e) fails to comply with a requirement of the Chief Safety Officer under section 205.016 or 205.021;
(f) fails to comply with a decision of the Chief Safety Officer under section 205.099; or
(g) fails to comply with an order of the provincial labour relations board under subsection 205.1(6).
Marginal note:Punishment
(2) Every person who is guilty of an offence under subsection (1) is liable
(a) on summary conviction, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding one year, or to both; or
(b) on conviction on indictment, to a fine not exceeding $1,000,000 or to imprisonment for a term not exceeding five years, or to both.
Marginal note:Offence — paragraph (1)(a)
(3) Despite paragraph (1)(a), a person who contravenes paragraph 205.013(l) or (m), 205.019(1)(k), 205.035(b) or 205.036(1)(b) is not guilty of an offence unless compliance with that paragraph is necessary to protect occupational health and safety.
Marginal note:Self-incrimination
(4) No individual shall be excused from recording in accordance with section 205.013 or 205.019 instances of non-compliance and any corrective action taken on the grounds that any information given by them may tend to incriminate them or subject them to any proceeding or penalty, but the information, or any evidence derived from it, may not be used or received to incriminate that individual in any criminal proceeding initiated against them, other than a prosecution under section 132, 136 or 137 of the Criminal Code.
Marginal note:Due diligence defence
(5) No person shall be found guilty of an offence under subsection (1) if they establish that they exercised due diligence to prevent the commission of the offence.
Marginal note:Offence by officers, etc., of corporation
205.105 (1) If a corporation commits an offence under this Part, any of the following individuals who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted:
(a) an officer, director or agent of the corporation; and
(b) any other individual exercising managerial or supervisory functions in the corporation.
Marginal note:Offence by employee or agent
(2) In a prosecution for an offence under this Part, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused, whether or not the employee or agent is identified or has been prosecuted for the offence.
Marginal note:Imprisonment precluded in certain cases
205.106 If an individual is convicted of an offence under this Part on proceedings by way of summary conviction, no imprisonment may be imposed in default of payment of any fine imposed as punishment.
Marginal note:Orders of court
205.107 (1) If a person is convicted of an offence under this Part, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, in addition to any other punishment that may be imposed under this Part, make an order that has any or all of the following effects:
(a) prohibiting the offender from committing an act or engaging in an activity that may, in the opinion of the court, result in the continuation or repetition of the offence;
(b) directing the offender to take any measures that the court considers appropriate to avoid any harm to health or safety that may result from the act or omission that constituted the offence, or to remedy any harm to health or safety resulting from it;
(c) directing the offender, at the offender’s own expense, to publish, in any manner that the court directs, the facts relating to the offence;
(d) directing the offender to submit to the Chief Safety Officer, on application by that Officer within three years after the conviction, any information with respect to the offender’s activities that the court considers appropriate in the circumstances;
(e) directing the offender to pay to the Board an amount of money that the court considers appropriate for the purpose of conducting research, education and training in occupational health and safety matters;
(f) directing the offender to perform community service, subject to any reasonable conditions that may be imposed by the court;
(g) directing the offender to post a bond or pay an amount of money into court that the court considers appropriate to ensure that the offender complies with any prohibition, direction, requirement or condition that is specified in the order; and
(h) requiring the offender to comply with any conditions that the court considers appropriate in the circumstances for securing the offender’s good conduct and for preventing the offender from repeating the same offence or committing another offence under this Part.
Marginal note:Coming into force and duration of order
(2) An order made under subsection (1) comes into force on the day on which the order is made or on any other day that the court may determine, but shall not continue in force for more than three years after that day.
Marginal note:Publication
(3) If an offender does not comply with an order under paragraph (1)(c) requiring the publication of facts relating to the offence, the Chief Safety Officer may publish the facts and recover the costs of publication from the offender.
Marginal note:Variation of sanctions
205.108 (1) Subject to subsection (2), if a court has made an order under subsection 205.107(1), the court may, on application by the offender or the Chief Safety Officer, require the offender to appear before it and, after hearing the offender and the Chief Safety Officer, vary the order in one or more of the following ways that the court considers appropriate because of a change in the circumstances of the offender since the order was made:
(a) by making changes to any prohibition, direction, requirement or condition that is specified in the order or by extending the time during which the order is to remain in force for any period, not exceeding one year, that the court considers appropriate; or
(b) by decreasing the time during which the order is to remain in force or by relieving the offender, either absolutely or partially or for any period that the court considers appropriate, of compliance with any condition that is specified in the order.
Marginal note:Notice
(2) Before making an order under subsection (1), the court may direct that notice be given to any persons that the court considers to be interested and may hear any of those persons.
Marginal note:Subsequent applications with leave
205.109 If an application made under subsection 205.108(1) in relation to an offender has been heard by a court, no other application may be made under that section in relation to the offender except with leave of the court.
Marginal note:Recovery of fines and amounts
205.11 If a person is convicted of an offence under this Part and a fine that is imposed is not paid when required or if a court orders an offender to pay an amount under subsection 205.107(1) or 205.108(1), the prosecutor may, by filing the conviction or order, as the case may be, enter as a judgment the amount of the fine or the amount ordered to be paid, and costs, if any, in the Supreme Court of Newfoundland and Labrador, and the judgment is enforceable against the person in the same manner as if it were a judgment rendered against them in that Court in civil proceedings.
Marginal note:Order to comply
205.111 If a person is guilty of an offence under this Part, a court may, in addition to any other penalty it may impose, order that person to comply with the provisions of this Part or the regulation or order for the contravention of which that person has been convicted.
Marginal note:Continuing offences
205.112 If an offence under this Part is committed on more than one day or is continued for more than one day, it constitutes a separate offence for each day on which it is committed or continued.
Marginal note:Time limited for summary conviction proceedings
205.113 Proceedings by way of summary conviction for an offence under this Part may be instituted at any time within but not later than three years after the day on which the subject-matter of the proceedings arose, unless the prosecutor and the defendant otherwise agree.
Marginal note:Evidence
205.114 In any prosecution for an offence under this Part, a copy of any order or other document purporting to have been made under this Part — and purporting to have been signed, in the case of an order or other document purporting to have been made by the provincial labour relations board, by the chief executive officer or a member of that board and, in any other case, by the individual authorized under this Part to make that order or document — is, in the absence of any evidence to the contrary, proof of the matters set out in it.
Marginal note:Jurisdiction of justice or judge
205.115 Any complaint or information relating to an offence under this Part may be heard, tried or determined by a justice of the peace or judge if the accused is resident or carrying on business within the territorial jurisdiction of that justice or judge although the matter of the complaint or information did not arise in that territorial jurisdiction.
Marginal note:Action to enjoin not prejudiced by prosecution
205.116 (1) Even though a prosecution has been instituted for an offence under this Part, the Board may commence and maintain an action to enjoin the committing of any contravention of any provision of this Part or of the regulations made under this Part.
Marginal note:Civil remedy not affected
(2) No civil remedy for any act or omission is suspended or affected by reason that the act or omission is an offence under this Part.
Marginal note:Information
205.117 In any proceedings for an offence under this Part
(a) an information may include more than one offence committed by the same person;
(b) all those offences may be tried concurrently; and
(c) one conviction for any or all offences so included may be made.
Advisory Council
Marginal note:Establishment
205.118 (1) An advisory council is established, composed of
(a) four representatives of employees and four representatives of industry;
(b) two representatives of the government of Canada and two representatives of the government of the Province; and
(c) the Chief Safety Officer ex officio or his or her representative.
Marginal note:Appointment of employee and industry representatives
(2) Two of the employee representatives and two of the industry representatives shall be appointed jointly by the Federal Minister and the Minister of Labour and the other four shall be appointed jointly by the provincial counterparts of those Ministers.
Marginal note:Consultation
(3) Before making any appointment referred to in subsection (2), the Federal Minister and the Minister of Labour, or their provincial counterparts, as the case may be, shall consult with non-management employees, or the unions representing them, on the appointment of an employee representative and with industry associations on the appointment of an industry representative.
Marginal note:Appointment of government representatives
(4) The federal government representatives shall be appointed jointly by the Federal Minister and the Minister of Labour and the provincial government representatives shall be appointed jointly by the provincial counterparts of those Ministers.
Marginal note:Mandate
(5) The mandate of the advisory council is to advise the Board, the Federal Minister, the Minister of Labour and the provincial counterparts of those Ministers on
(a) the administration and enforcement of this Part; and
(b) any other matter related to occupational health and safety that is referred to it by any of them.
Marginal note:Remuneration and expenses
(6) At the discretion of the Federal Minister, the Minister of Labour and their provincial counterparts, the members of the advisory council may be paid
(a) the remuneration that may be jointly fixed by those Ministers and their provincial counterparts; and
(b) any reasonable travel and living expenses that are incurred by the members while carrying out their duties or functions away from their ordinary place of residence.
The Board shall pay that remuneration and those expenses.
Marginal note:Duration and renewal of appointments
(7) Members are to be appointed for a term of not more than five years and may be reappointed.
Marginal note:Chairpersons
(8) The advisory council is to have two chairpersons selected from among its members. One of the chairpersons shall be selected by the employee representatives and the other shall be selected by the industry representatives.
Audits and Inquiries
Marginal note:Appointment of auditor
205.119 (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.
Marginal note:Inquiries
205.12 (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.
Documents in Electronic or Other Form
Marginal note:Definitions
205.121 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.
“information system”
« système d’information »
“information system” means a system used to generate, send, receive, store or otherwise process an electronic document.
Marginal note:Use not mandatory
205.122 No provision of this Part or of the regulations made under this Part requires an electronic document to be created or provided.
Marginal note:Creation of information in writing
205.123 (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.
Regulations
Marginal note:Regulations
205.124 (1) Subject to section 7 and on the recommendation of the Federal Minister and the Minister of Labour, the Governor in Council may make regulations generally for carrying out the purposes and provisions of this Part, including regulations
(a) establishing requirements in respect of anything described in subsection 205.015(2) or 205.02(2);
(b) respecting the manner in which an operator is required to investigate under subsection 205.017(2) any occupational disease or any accident, incident or other hazardous occurrence;
(c) respecting the establishment, by an operator, of procedures for safe entry to or exit from a marine installation or structure and of standards for occupancy of a marine installation or structure;
(d) respecting the establishment of codes of practice, and specifying who is responsible for ensuring that those codes of practice are complied with;
(e) respecting the safety of work or activities that are carried out in a confined space, at heights, directly over water, under water, or of any work or activity that involves the use of explosives;
(f) respecting ergonomic standards and procedures for a workplace;
(g) respecting the establishment of standards for the design, installation and maintenance of the following things:
(i) guards, guard-rails, barricades, fences and other equipment of a similar nature,
(ii) boilers and pressure vessels,
(iii) escalators, elevators and other devices of a similar nature,
(iv) all equipment for the generation, distribution or use of electricity,
(v) gas-burning or oil-burning equipment or other heat-generating equipment, and
(vi) heating, ventilation and air-conditioning systems;
(h) respecting the establishment of standards for the design and maintenance of equipment, machines, devices, materials and other things that may be used by employees in carrying out their job functions;
(i) respecting the circumstances and manner in which any thing referred to in paragraph (g) or (h) shall or shall not be used, and any qualifications that an individual is required to have in order to use it;
(j) specifying who is responsible for ensuring that the standards referred to in paragraphs (g) and (h) are complied with and that the things referred to in those paragraphs are used in the specified circumstances and manner and by individuals who have the required qualifications;
(k) respecting the establishment of standards relating to levels or limits for ventilation, lighting, temperature, humidity, sound and vibration and exposure to chemical agents, biological agents and radiation and specifying who is responsible for ensuring that those standards are complied with;
(l) respecting the qualifications of persons authorized to carry out prescribed training;
(m) respecting the establishment of fire safety and emergency measures, and specifying who is responsible for ensuring that those measures are complied with;
(n) respecting the provision, by an operator, an employer, or both, of sanitary and personal facilities, potable water, sustenance, and first-aid and health services;
(o) respecting the prevention of, and protection against, violence at the workplace;
(p) respecting the manner and form in which records are to be maintained and information communicated;
(q) respecting the manner in which programs for medical monitoring and examination referred to in paragraph 205.066(1)(f) are to be implemented, including restricting the types of interventions that may be used;
(r) respecting the procedures governing the granting of a permission under section 205.069 or 205.07, including any requirements for consultation or notice;
(s) specifying the equipment, methods, measures or standards or other things required by regulations made under this section in respect of which the granting of a permission under section 205.069 or 205.07 is prohibited;
(t) respecting the operation of an advisory council established under section 205.118;
(u) respecting any matter necessary for the purposes of the application of section 205.123, including
(i) the time and circumstances when, and the place where, an electronic document, as defined in section 205.121, is to be considered to have been provided or received, and
(ii) the circumstances in which a secure electronic signature, as defined in subsection 31(1) of the Personal Information Protection and Electronic Documents Act, is required to be linked to an electronic document, as defined in section 205.121; and
(v) prescribing anything that by this Part is to be prescribed.
Marginal note:Incorporation by reference
(2) Regulations made under subsection (1) may incorporate any material by reference, regardless of its source, either as it exists on a particular date or as amended from time to time.
Marginal note:No registration or publication
(3) For greater certainty, a document that is incorporated by reference into a regulation is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference.
Marginal note:Regulations general or specific
(4) Regulations made under subsection (1) may be made applicable to all persons or one or more classes of persons.
Marginal note:Recommendation of Minister of Transport
(5) Regulations made under subsection (1) in respect of employees and other passengers on a passenger craft, or the passenger craft, shall, in addition to the requirement set out in that subsection, be made on the recommendation of the Minister of Transport.
Marginal note:Publication of proposed regulations
205.125 (1) Subject to subsection (2), a copy of each regulation that the Governor in Council proposes to make under this Part shall be published in the Canada Gazette and a reasonable opportunity shall be given to interested persons to make representations to the Federal Minister with respect to it.
Marginal note:Single publication required
(2) No proposed regulation need be published more than once under subsection (1) whether or not it is altered or amended as a result of representations made by interested persons as provided in that subsection.
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