Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act (S.C. 1987, c. 3)

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 Regulator 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 Regulator

205.089 Despite section 119, the Regulator 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 Regulator 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 Regulator.

• 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.