Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act (S.C. 1988, c. 28)

Authorization

Marginal note:Recommendation of Chief Safety Officer

• 210.069 (1) On receipt under subsection 142(3.1) or 142.011(2) 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 Regulator on the matters considered.

• Marginal note:Regulator to take recommendation into account

  (2) In deciding whether to issue or amend an authorization, the Regulator shall take into account the recommendation of the Chief Safety Officer.

• Marginal note:Authorization  — occupational health and safety

  (3) In addition to any requirement, approval, term or condition determined by the Regulator under Part III to which an authorization is subject, the authorization is also subject to any requirements, approvals, terms and conditions, not inconsistent with the provisions of this Act or the regulations, that the Regulator determines relate to occupational health and safety.

Substitutions

Marginal note:Powers of Chief Safety Officer  — workplace

• 210.07 (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

• 210.071 (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

• 210.072 (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 Regulator.

• 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 Regulator.

• Marginal note:Limitation

  (4) No individual may be designated under subsection (1) unless they have been recommended to the Provincial Minister by the Regulator.

• Marginal note:Indemnification

  (5) An individual designated under subsection (1) who is not an employee of the Regulator is deemed to be an officer for the purposes of section 17.

• 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

• 210.073 (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 41(2) or section 210.121 or 210.122.

• 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 Regulator.

• 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 Regulator 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

• 210.074 (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 210.076, 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.