Canada–Newfoundland and Labrador Atlantic Accord Implementation Act

Marginal note:Definitions

• 152 (1) In this section,

  marine installation or structure

  ouvrage en mer

  marine installation or structure includes

  • (a) any ship, offshore drilling unit, production platform, subsea installation, pumping station, living accommodation, storage structure, loading or landing platform, and

  • (b) any other work or work within a class of works prescribed pursuant to paragraph (5)(a),

  but does not include any vessel that provides any supply or support services to a ship, installation, structure or work described in paragraph (a) or (b); (ouvrage en mer)

  Newfoundland social legislation

  lois sociales

  Newfoundland social legislation means The Boiler, Pressure Vessel and Compressed Gas Act, Chapter 12 of the Statutes of Newfoundland, 1981, as amended from time to time, The Elevators Act, Chapter 107 of the Revised Statutes of Newfoundland, 1970, as amended from time to time, The Labour Standards Act, Chapter 52 of the Statutes of Newfoundland, 1977, as amended from time to time, The Occupational Health and Safety Act, Chapter 23 of the Statutes of Newfoundland, 1978, as amended from time to time, The Radiation Health and Safety Act, Chapter 90 of the Statutes of Newfoundland, 1977, as amended from time to time, The Workers’ Compensation Act, 1983, Chapter 48 of the Statutes of Newfoundland, 1983, as amended from time to time and any other Act of the Legislature of the Province, as amended from time to time, as may be prescribed. (lois sociales)

• Marginal note:Application of Newfoundland social legislation

  (2) The Newfoundland social legislation and any regulations made thereunder apply on any marine installation or structure that is within the offshore area in connection with the exploration or drilling for or the production, conservation or processing of petroleum within the offshore area.

• Marginal note:Exemption

  (3) Notwithstanding subsection (2), any provision of any Act or regulation referred to in that subsection that is made in relation to a matter in respect of which a regulation may be made under paragraph 149(1)(d), (m), (o) or (p) of this Act as it read before the coming into force of section 66 of An Act to amend the Oil and Gas Production and Conservation Act and other Acts in consequence thereof, or under any provision of this Act respecting occupational health or safety does not apply on marine installations or structures referred to in subsection (2) during such time as those installations or structures are within the offshore area in connection with a purpose referred to in that subsection.

• Marginal note:Non-application of certain provisions of the Canada Labour Code

  (4) Notwithstanding subsection 123(1) of the Canada Labour Code or any other Act of Parliament

  • (a) Parts II and III of the Canada Labour Code do not apply on any marine installation or structure referred to in subsection (2), and

  • (b) in respect of any marine installation or structure referred to in subsection (2) that is within 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,

    • (i) Part I of the Canada Labour Code does not apply, and

    • (ii) The Labour Relations Act, 1977, Chapter 64 of the Statutes of Newfoundland, 1977, as amended from time to time, applies

  during such time as the marine installation or structure is within the offshore area in connection with a purpose referred to in that subsection.

• Marginal note:Regulations

  (5) Subject to section 7, the Governor in Council may make regulations

  • (a) prescribing a work or a class of works for the purpose of the definition marine installation or structure in subsection (1); and

  • (b) prescribing, for the purpose of subsection (2), any Act of the legislature of the Province or excluding any such Act from the application of that subsection.