Offshore Health and Safety Act (S.C. 2014, c. 13)
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Assented to 2014-06-19
Offshore Health and Safety Act
S.C. 2014, c. 13
Assented to 2014-06-19
An Act to amend the Canada-Newfoundland Atlantic Accord Implementation Act, the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act and other Acts and to provide for certain other measures
SUMMARY
This enactment amends the Canada-Newfoundland Atlantic Accord Implementation Act and the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act (the “Accord Acts”) in order to increase the level of safety and transparency of offshore petroleum activities.
The main purpose of the amendments is to establish a new occupational health and safety regime in the offshore areas.
In addition, it amends the Accord Acts to, most notably,
(a) ensure that occupational health and safety officers, special officers, conservation officers and operational safety officers have the same powers for the administration and enforcement of the Accord Acts;
(b) clarify that the new occupational health and safety regime applies to the transportation of persons who are in transit to, from or between workplaces in the offshore areas;
(c) require that any occupational health and safety regulations that apply to the transportation of persons who are in transit to, from or between workplaces in the offshore areas be made on the recommendation of the Minister of Transport; and
(d) authorize each of the Canada–Newfoundland and Labrador Offshore Petroleum Board and the Canada-Nova Scotia Offshore Petroleum Board to publicly disclose information related to occupational health and safety if it considers it to be in the public interest.
It amends the Hazardous Materials Information Review Act to enable health and safety officers to get privileged information and to enable employers subject to the Accord Acts to apply to the Chief Screening Officer for exemptions from disclosure requirements in the same manner as employers under the Canada Labour Code. It also amends the Access to Information Act to prohibit the disclosure of certain information.
It amends the Canada Labour Code to closely follow the Accord Acts with respect to the time frame for the institution of proceedings, and with respect to prohibitions on the sharing of information and on testimony.
It also amends certain Acts and regulations to make terminological changes that are required as a result of certain amendments to the Canada-Newfoundland Atlantic Accord Implementation Act.
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
SHORT TITLE
Marginal note:Short title
1. This Act may be cited as the Offshore Health and Safety Act.
1987, c. 3CANADA-NEWFOUNDLAND ATLANTIC ACCORD IMPLEMENTATION ACT
2. The long title of the French version of the Canada-Newfoundland Atlantic Accord Implementation Act is replaced by the following:
3. Section 1 of the Act is replaced by the following:
Marginal note:Short title
1. This Act may be cited as the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act.
4. (1) The definition “Canada-Newfoundland benefits plan” in section 2 of the English version of the Act is repealed.
(2) The definitions “Board”, “Province”, “Provincial Act” and “Provincial Minister” in section 2 of the Act are replaced by the following:
“Board”
« Office »
“Board” means the Canada–Newfoundland and Labrador Offshore Petroleum Board referred to in section 9;
“Province”
« province »
“Province” means the province of Newfoundland and Labrador;
“Provincial Act”
« loi provinciale »
“Provincial Act” means the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act, R.S.N.L. 1990, c. C-2, as amended from time to time;
“Provincial Minister”
« ministre provincial »
“Provincial Minister” means, other than for the purposes of Part III.1, the Minister of the Crown in right of the Province designated by the Provincial Government as the provincial minister for the purposes of this Act.
(3) Section 2 of the English version of the Act is amended by adding the following in alphabetical order:
“Canada–Newfoundland and Labrador benefits plan”
« plan de retombées économiques »
“Canada–Newfoundland and Labrador benefits plan” means a plan submitted under subsection 45(2);
5. Section 7 of the Act is replaced by the following:
Marginal note:Approval of Provincial Minister
7. (1) Before a regulation is made under subsection 5(1), subsection 41(7), section 64, subsection 67(2), section 118, subsection 122(1), 125(1) or 149(1) or section 203, the Federal Minister shall consult the Provincial Minister with respect to the proposed regulation and no regulation shall be so made without the approval of the Provincial Minister.
Marginal note:Approval of Provincial minister
(2) Before a regulation is made under subsection 205.001(3) or (4) or 205.124(1), the Federal Minister shall consult the minister of the government of the Province who is responsible for occupational health and safety with respect to the proposed regulation and no regulation shall be so made without the approval of that minister.
6. Section 9 of the Act is amended by adding the following after subsection (1):
Marginal note:Change of name
(1.1) The name of the Canada-Newfoundland Offshore Petroleum Board is changed to Canada–Newfoundland and Labrador Offshore Petroleum Board and the Canada–Newfoundland and Labrador Offshore Petroleum Board is deemed to have been established under subsection (1).
Marginal note:References
(1.2) A reference in any contract, document, instrument, proclamation, by-law or order in council to the Canada-Newfoundland Offshore Petroleum Board is, unless the context otherwise requires, to be read as a reference to the Canada–Newfoundland and Labrador Offshore Petroleum Board.
7. (1) Paragraph 12(4)(b) of the Act is replaced by the following:
(b) if the two members of the panel fail to agree on the appointment of the chairperson of the panel within the 30-day period referred to in paragraph (a), by the Chief Justice of Newfoundland and Labrador within 30 days after the expiration of that period.
(2) Subsection 12(5) of the English version of the Act is replaced by the following:
Marginal note:Selection of Chairperson of Board within 60 days
(5) The Chairperson of the Board shall be selected by the panel within 60 days after the appointment of the chairperson of the panel.
8. Section 25 of the Act is amended by adding the following after subsection (4):
Marginal note:Application of Newfoundland and Labrador legislation
(4.1) Newfoundland and Labrador social legislation as defined in subsection 205.001(1), the provisions of the Labour Relations Act, R.S.N.L. 1990, c. L-1, as amended from time to time, and the provisions of the Occupational Health and Safety Act, R.S.N.L. 1990, c. O-3, as amended from time to time, and any regulations made under that legislation or those Acts, apply to persons employed under subsection (1).
Marginal note:Non-application of Canada Labour Code
(4.2) Despite section 4 and subsections 123(1) and 168(1) of the Canada Labour Code, that Act does not apply to persons employed under subsection (1).
9. The Act is amended by adding the following after section 26:
Marginal note:Audit and evaluation committee
26.1 (1) The Board shall appoint an audit and evaluation committee consisting of not fewer than three members of the Board and fix the duties and functions of the committee and may, by by-law, provide for the payment of expenses to the members of the committee.
Marginal note:Internal audit
(2) In addition to any other duties and functions that it is required to perform, the audit and evaluation committee shall cause internal audits to be conducted to ensure that the officers and employees of the Board act in accordance with management systems and controls established by the Board.
10. Subsection 29(2) of the Act is replaced by the following:
Marginal note:Contents of report
(2) Each annual report submitted under subsection (1) shall contain an audited financial statement and a description of the activities of the Board, including those relating to occupational health and safety, during the fiscal year covered by the report.
11. Paragraph 41(1)(c) of the Act is replaced by the following:
(c) the feedstock requirements of any refining facility located in the Province that was not in place on the coming into force of this Act, other than a facility referred to in paragraph (b), if the feedstock requirements required to satisfy the demand of industrial capacity, on the day of the coming into force of this Act, in Nova Scotia, New Brunswick, Prince Edward Island and Newfoundland and Labrador have been met.
12. (1) Paragraph 42(1)(d) of the English version of the Act is replaced by the following:
(d) Canada–Newfoundland and Labrador benefits plans and any of their provisions; and
(2) Section 42 of the Act is amended by adding the following after subsection (1):
Marginal note:Occupational health and safety directives
(1.1) The Federal Minister, on the recommendation of the Minister of Labour, and the minister of the government of the Province who is responsible for occupational health and safety, may jointly issue to the Board written directives in relation to
(a) the development of guidelines and interpretation notes with respect to occupational health and safety matters; and
(b) the implementation of any recommendations made by an auditor under section 205.119 or made following an inquiry under section 205.12.
(3) Subsections 42(2) and (3) of the English version of the Act are replaced by the following:
Marginal note:Directives binding
(2) The Board shall comply with a directive issued under this section.
Marginal note:Directives not statutory instruments
(3) Directives issued under this section are not statutory instruments for the purposes of the Statutory Instruments Act.
(4) Subsection 42(4) of the Act is replaced by the following:
Marginal note:Notice in Canada Gazette
(4) When a directive is issued under this section, a notice shall be published in the Canada Gazette that the directive has been issued and that the text of it is available for inspection by any person on request made to the Board.
13. Paragraph 44(2)(c) of the English version of the Act is replaced by the following:
(c) if the potential development has been proposed to the Board by any person, require that person to submit and make available for public distribution a preliminary development plan, an environmental impact statement, a socio-economic impact statement, a preliminary Canada–Newfoundland and Labrador benefits plan and any other plan specified by the Board; and
14. The heading before section 45 of the English version of the Act is replaced by the following:
Canada–Newfoundland and Labrador Benefits Plan
15. (1) Subsection 45(1) of the English version of the Act is replaced by the following:
Definition of “Canada–Newfoundland and Labrador benefits plan”
45. (1) In this section, “Canada–Newfoundland and Labrador benefits plan” means a plan for the employment of Canadians and, in particular, members of the labour force of the Province and, subject to paragraph (3)(d), for providing manufacturers, consultants, contractors and service companies in the Province and other parts of Canada with a full and fair opportunity to participate on a competitive basis in the supply of goods and services used in any proposed work or activity referred to in the benefits plan.
Marginal note:1992, c. 35, s. 47
(2) Subsection 45(2) of the Act is replaced by the following:
Marginal note:Board approval of benefits plan
(2) Before the Board approves any development plan under subsection 139(4) or authorizes any work or activity under paragraph 138(1)(b), a Canada–Newfoundland and Labrador benefits plan shall be submitted to and approved by the Board, unless it directs that that requirement need not be complied with.
(3) The portion of subsection 45(3) of the English version of the Act before paragraph (a) is replaced by the following:
Marginal note:Particular provisions of plan
(3) A Canada–Newfoundland and Labrador benefits plan shall contain provisions intended to ensure that
(4) Subsections 45(4) to (6) of the English version of the Act are replaced by the following:
Marginal note:Affirmative action programs
(4) The Board may require that any Canada–Newfoundland and Labrador benefits plan include provisions to ensure that disadvantaged individuals or groups have access to training and employment opportunities and to enable those individuals or groups or corporations owned or cooperatives operated by them to participate in the supply of goods and services used in any proposed work or activity referred to in the benefits plan.
Marginal note:Duties of Board in reviewing plans
(5) In reviewing any Canada–Newfoundland and Labrador benefits plan, the Board shall consult with both Ministers on the extent to which the plan meets the requirements set out in subsections (1), (3) and (4).
Marginal note:Directives
(6) Subject to any directives issued under subsection 42(1), the Board may approve any Canada–Newfoundland and Labrador benefits plan.
16. Subsection 46(1) of the Act is amended by adding the following after paragraph (c):
(c.1) aviation regulation;
Marginal note:1988, c. 28, s. 257(F)
17. (1) Subsection 97(1) of the Act is replaced by the following:
Definition of “Petroleum and Natural Gas Act”
97. (1) In this Division, “Petroleum and Natural Gas Act” means Part II of the Petroleum and Natural Gas Act, R.S.N.L. 1990, c. P-10, as amended from time to time.
(2) Subsections 97(2) and (3) of the French version of the Act are replaced by the following:
Marginal note:Redevances
(2) Sont réservées à Sa Majesté du chef du Canada les redevances, intérêts et amendes qui seraient fixés sous le régime de la Loi sur le pétrole et le gaz naturel si la production provenait de la province. Chaque indivisaire d’une licence de production est tenu au paiement de ces redevances conformément au paragraphe (4).
Marginal note:Exception
(3) Les hydrocarbures objet de redevances sous le régime de la Loi sur le pétrole et le gaz naturel échappent à l’assujettissement du paragraphe (2).
(3) Subsection 97(4) of the Act is replaced by the following:
Marginal note:Application of Newfoundland and Labrador legislation
(4) Subject to this Act and the regulations, the Petroleum and Natural Gas Act and the regulations referred to in subsection (4.1) apply, with any modifications that the circumstances require, for the purposes of this section and, without limiting the generality of the foregoing,
(a) a reference in that Act to Her Majesty in Right of the province is to be read as a reference to Her Majesty in right of Canada; and
(b) a reference in that Act to the province is to be read as a reference to the offshore area.
Marginal note:Application of Newfoundland and Labrador regulations
(4.1) The following regulations apply for the purposes of subsection (4):
(a) any regulations made under the Petroleum and Natural Gas Act; and
(b) any regulations made under an Act that was replaced by the Petroleum and Natural Gas Act, to the extent that those regulations remain in force in accordance with the laws of the Province and are not inconsistent with the Petroleum and Natural Gas Act.
(4) Subsection 97(5) of the French version of the Act is replaced by the following:
Marginal note:Interdiction des parts de la Couronne
(5) Les dispositions de la Loi sur le pétrole et le gaz naturel et de ses règlements n’ont pas pour effet de réserver à Sa Majesté une part de la Couronne sur les titres extracôtiers.
18. Subsection 98(6) of the French version of the Act is replaced by the following:
Marginal note:Imputation
(6) L’accord peut prévoir, selon les modalités déterminées, que toute somme reçue par le gouvernement de la province, sous le régime de l’article 97, ou sous celui de l’article 97 et de la Loi sur le pétrole et le gaz naturel, peut être imputée par celui-ci sur les sommes — impôts, taxes, intérêts, amendes ou autres — à payer par la personne assujettie sous leur régime en dépit de toute indication contraire de celle-ci ou l’absence d’indication.
19. The definition “court” in subsection 102(1) of the Act is replaced by the following:
“court”
« tribunal »
“court” means the Trial Division of the Supreme Court of Newfoundland and Labrador and includes any of its judges;
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