Offshore Health and Safety Act (S.C. 2014, c. 13)
Full Document:
Assented to 2014-06-19
26. Section 148 of the Act is replaced by the following:
Marginal note:Enforcement of Committee orders
148. (1) Any order made by the Committee 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 an order of the Committee an order of the Supreme Court of Newfoundland and Labrador, the practice and procedure established by the Provincial Act for making any order an order of that Court may be followed.
Marginal note:When order rescinded or replaced
(3) When an order of the Committee has been made an order of the Supreme Court of Newfoundland and Labrador, any order of the Committee, or of the Board under section 186, rescinding or replacing the first mentioned order of the Committee, has the effect of cancelling the order of the Court and may in the same manner be made an order of the Court.
Marginal note:1992, c. 35, s. 64
27. Paragraphs 151(1)(a) and (b) of the Act are replaced by the following:
(a) authorize the use of equipment, methods, measures or standards in lieu of any required by any regulation made under section 149, if those Officers are satisfied that the use of that other equipment and those other methods, measures or standards would provide a level of safety, protection of the environment and conservation equivalent to that provided by compliance with the regulations; or
(b) grant an exemption from any requirement imposed, by any regulation made under section 149, in respect of equipment, methods, measures or standards, if those Officers are satisfied with the level of safety, protection of the environment and conservation that will be achieved without compliance with that requirement.
Marginal note:1988, c. 28, s. 261; 1992, c. 35, s. 66; 1999, c. 31, s. 29
28. Section 152 of the Act is repealed.
Marginal note:1992, c. 35, s. 74(2)(E)
29. Subsection 161(3) of the Act is replaced by the following:
Marginal note:Duty to take reasonable measures
(3) Every person required to report a spill under subsection (2) shall, as soon as possible, take all reasonable measures consistent with safety and the protection of health and the environment to prevent any further spill, to repair or remedy any condition resulting from the spill and to reduce or mitigate any damage or danger that results or may reasonably be expected to result from the spill.
30. (1) Subsection 185(1) of the Act is replaced by the following:
Marginal note:Stated case for Supreme Court of Newfoundland and Labrador
185. (1) The Committee may of its own motion or at the request of the Board state a case, in writing, for the opinion of the Trial Division of the Supreme Court of Newfoundland and Labrador on any question that in the opinion of the Committee is a question of law or of the jurisdiction of the Committee.
(2) Subsection 185(2) of the English version of the Act is replaced by the following:
Marginal note:Proceedings on case
(2) The Trial Division of the Supreme Court of Newfoundland and Labrador shall hear and determine the case stated, and remit the matter to the Committee with the opinion of the Court on the matter.
31. (1) Subsection 187(1) of the Act is replaced by the following:
Marginal note:Appeal to Supreme Court of Newfoundland and Labrador
187. (1) An appeal lies from a decision or order of the Committee to the Trial Division of the Supreme Court of Newfoundland and Labrador on a question of law, on leave being obtained from that Court, in accordance with the practice of that Court, on application made within one month after the making of the decision or order sought to be appealed from or within any further time that that Court may allow.
(2) Subsection 187(3) of the English version of the Act is replaced by the following:
Marginal note:Powers of Court
(3) After the hearing of the appeal, the Trial Division of the Supreme Court of Newfoundland and Labrador shall certify its opinion to the Committee and the Committee shall make any order necessary to comply with that opinion.
Marginal note:1992, c. 35, s. 80
32. The heading before section 188 of the English version of the Act is replaced by the following:
Operational Safety Officers and Conservation Officers
Marginal note:1992, c. 35, s. 80
33. Sections 188 and 189 of the Act are replaced by the following:
Marginal note:Operational safety officers
188. (1) Subject to subsection (4), the Federal Minister and the Provincial Minister shall jointly designate as an operational safety officer for the purposes of the administration and enforcement of this Part an individual who has been recommended by the Board. The Ministers shall make the designation within 30 days after the day on which they receive the name of the individual from the Board.
Marginal note:Conservation officers
(2) Subject to subsection (4), the Federal Minister and the Provincial Minister shall jointly designate as a conservation officer for the purposes of the administration and enforcement of this Part an individual who has been recommended by the Board. The Ministers shall make the designation within 30 days after the day on which they receive the name of the individual from the Board.
Marginal note:Notice of designation
(3) The Ministers shall, without delay after making a designation, notify the Board, in writing, that the designation has been made.
Marginal note:Restriction
(4) The Ministers shall not designate an individual if they are not satisfied that the individual is qualified to exercise the powers and carry out the duties and functions of an operational safety officer or a conservation officer, as the case may be, under this Part. If an individual is not designated, the Ministers shall without delay notify the Board of it, in writing.
Marginal note:Indemnification
(5) An individual designated under subsection (1) or (2) who is not an employee of the Board is deemed to be an officer for the purposes of section 16.
Marginal note:Orders for verifying compliance
189. (1) An operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer may, for the purpose of verifying compliance with this Part, order any person in charge of a place that is used for any work or activity in respect of which this Part applies or any other place in which that 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 specified by the officer 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 that he or she specifies, for examination, testing or copying.
Marginal note:Powers on entry
(2) An operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer may, for the purpose of verifying compliance with this Part, and subject to section 189.2, enter a place that is used for any work or activity in respect of which this Part applies or any other place in which that 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
(3) For greater certainty, an officer who has entered a place under subsection (2) may order any individual in the place to do anything described in paragraphs (1)(a) to (h).
Marginal note:Return of things removed
(4) Anything removed under paragraph (1)(h) or (2)(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 provided to holder of authorization
189.1 An operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer, as the case may be, shall provide written reports to the holder of an authorization about anything inspected, tested or monitored, by or on the order of the officer, for the purpose of verifying compliance with this Part, at any place that is used for a work or activity for which the authorization is issued.
Marginal note:Entering living quarters
189.2 (1) If the place referred to in subsection 189(2) is living quarters
(a) neither a conservation officer nor the Chief Conservation Officer is authorized to enter those quarters for the purpose of verifying compliance with this Part; and
(b) an operational safety officer or the Chief Safety Officer is not authorized to enter those quarters without the consent of the occupant except
(i) to execute a warrant issued under subsection (4), or
(ii) to verify that those quarters, if on a marine installation or structure, as defined in subsection 205.001(1), are in a structurally sound condition.
Marginal note:Notice
(2) The officer shall provide reasonable notice to the occupant before entering living quarters under subparagraph (1)(b)(ii).
Marginal note:Exception
(3) Despite subparagraph (1)(b)(ii), 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 an operational safety officer who is named in it or the Chief Safety Officer 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 189(2);
(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 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 an operational safety officer or the Chief 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 employees, as defined in subsection 205.001(1), on a marine installation or structure, as defined in that subsection, and any room for the exclusive use of the occupants of those quarters that contains a toilet or a urinal.
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