Offshore Health and Safety Act (S.C. 2014, c. 13)
Full Document:
Assented to 2014-06-19
Marginal note:1992, c. 35, s. 80
34. Section 190 of the English version of the Act is replaced by the following:
Marginal note:Certificate to be produced
190. The Board shall provide every operational safety officer and conservation officer and the Chief Safety Officer and the Chief Conservation Officer with a certificate of appointment or designation and, on entering any place under the authority of this Part, the officer shall, if so required, produce the certificate to the person in charge of the place.
Marginal note:1992, c. 35, s. 80
35. Sections 191 and 192 of the Act are replaced by the following:
Marginal note:Assistance to officers
191. (1) The owner of, and every person in charge of, a place entered by an operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer under subsection 189(2), and every person found in that place, shall give all assistance that is reasonably required to enable the officer to verify compliance with this Part and provide any documents, data or information that are reasonably required for that purpose.
Marginal note:Transportation, accommodation and food
(2) If the place referred to in subsection 189(2) is a marine installation or structure, as defined in subsection 205.001(1), the person in charge of the marine installation or structure shall provide to the officer, and to every individual accompanying the officer, free of charge,
(a) suitable transportation between the usual point of embarkation on shore and the marine installation or structure, between the marine installation or structure and the usual point of disembarkation on shore, and between marine installations or structures, if the marine installation or structure or marine installations or structures are situated in the offshore area; and
(b) suitable accommodation and food at the marine installation or structure.
Marginal note:Obstruction of officers and making of false statements
192. No person shall obstruct or hinder, or make a false or misleading statement either orally or in writing to, an operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer while the officer is engaged in carrying out his or her duties or functions under this Part.
Marginal note:Authority to issue warrant
192.1 (1) On ex parte application, a justice of the peace may issue a warrant if the justice is satisfied by information on oath that there are reasonable grounds to believe that there is in any place anything that will provide evidence or information relating to the commission of an offence under this Part.
Marginal note:Powers under warrant
(2) The warrant may authorize an operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer, and any other individual named in the warrant, to at any time enter and search the place and to seize anything specified in the warrant, or do any of the following as specified in it, subject to any conditions that may be specified in it:
(a) conduct examinations, tests or monitoring;
(b) take samples for examination or testing, and dispose of those samples; or
(c) take photographs or measurements, make recordings or drawings, or use systems in the place that capture images.
Marginal note:Where warrant not necessary
(3) An operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer may exercise the powers described in this section without a warrant if the conditions for obtaining the warrant exist but by reason of exigent circumstances it would not be feasible to obtain one.
Marginal note:Exigent circumstances
(4) Exigent circumstances include circumstances in which the delay necessary to obtain the warrant would result in danger to human life or the environment or the loss or destruction of evidence.
Marginal note:Operation of computer system and copying equipment
(5) An individual authorized under this section to search a computer system in a place may
(a) use or cause to be used any computer system at the place to search any data contained in or available to the computer system;
(b) reproduce or cause to be reproduced any data in the form of a printout or other intelligible output;
(c) seize any printout or other output for examination or copying; and
(d) use or cause to be used any copying equipment at the place to make copies of the data.
Marginal note:Duty of person in charge of place
(6) Every person who is in charge of a place in respect of which a search is carried out under this section shall, on presentation of the warrant, permit the individual carrying out the search to do anything described in subsection (5).
Marginal note:Transportation, accommodation and food
(7) The person in charge of a marine installation or structure, as defined in subsection 205.001(1), shall provide to an individual who is executing a warrant under this section at the marine installation or structure, free of charge,
(a) suitable return transportation between the marine installation or structure and any location from which transportation services to that marine installation or structure are usually provided, and between marine installations or structures, if the marine installation or structure or marine installations or structures are situated in the offshore area; and
(b) suitable accommodation and food at the marine installation or structure.
Marginal note:Telewarrant provisions to apply
(8) A warrant may be issued under this section by telephone or other means of telecommunication on information submitted by an operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation 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.
Marginal note:Storage and removal
192.2 (1) A thing seized under this Part may be stored in the place where it was seized or may, at the discretion of an operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer, be removed to any other place for storage. The owner of the thing or the person who is lawfully entitled to possess it shall pay the costs of storage or removal.
Marginal note:Perishable things
(2) If the thing seized is perishable, an operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer may destroy the thing, or otherwise dispose of it in any manner the officer considers appropriate. Any proceeds realized from its disposition shall be paid to the Receiver General.
Marginal note:1992, c. 35, s. 80
36. Subsections 193(1) to (4) of the English version of the Act are replaced by the following:
Marginal note:Power of operational safety officer
193. (1) If an operational safety officer or the Chief Safety Officer, on reasonable grounds, is of the opinion that continuation of an operation in relation to the exploration or drilling for or the production, conservation, processing or transportation of petroleum in any portion of the offshore area is likely to result in serious bodily injury, the operational safety officer or Chief Safety Officer, as the case may be, may order that the operation cease or be continued only in accordance with the terms of the order.
Marginal note:Notice
(2) The officer who makes an order under subsection (1) shall affix at or near the scene of the operation a notice of the order in prescribed form.
Marginal note:Expiry of order
(3) An order made by an operational safety officer under subsection (1) expires 72 hours after it is made unless it is confirmed before that time by order of the Chief Safety Officer.
Marginal note:Modification or revocation
(4) Immediately after an operational safety officer makes an order under subsection (1), they shall advise the Chief Safety Officer accordingly, and the Chief Safety Officer may modify or revoke the order.
Marginal note:1992, c. 35, s. 80
37. Section 193.1 of the English version of the Act is replaced by the following:
Marginal note:Priority
193.1 An order made by an operational safety officer or the Chief Safety Officer prevails over an order made by a conservation officer or the Chief Conservation Officer to the extent of any inconsistency between the orders.
Marginal note:1992, c. 35, s. 80
38. Subsection 193.2(3) of the Act is replaced by the following:
Marginal note:Emergency
(3) In a prescribed emergency situation, an installation manager’s powers are extended so that they also apply to each person in charge of a vessel, vehicle or aircraft that is at the installation or that is leaving or approaching it.
Marginal note:1992, c. 35, s. 81
39. (1) Paragraphs 194(1)(b) and (c) of the Act are replaced by the following:
(b) makes any false entry or statement in any report, record or document required by this Part or the regulations or by any order made under this Part or the regulations;
(c) destroys, mutilates or falsifies any report or other document required by this Part or the regulations or by any order made under this Part or the regulations;
Marginal note:1992, c. 35, s. 81
(2) Paragraphs 194(1)(e) and (f) of the Act are replaced by the following:
(e) undertakes or carries on a work or activity without an authorization under paragraph 138(1)(b) or without complying with the approvals or requirements, determined by the Board in accordance with the provisions of this Part or granted or prescribed by regulations made under this Part, of an authorization issued under that paragraph; or
(f) fails to comply with a direction, requirement or order of an operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer or with an order of an installation manager or the Committee.
(3) Section 194 of the Act is amended by adding the following after subsection (2):
Marginal note:Due diligence defence
(3) No person shall be found guilty of an offence under this Part if they establish that they exercised due diligence to prevent the commission of the offence.
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