Offshore Health and Safety Act (S.C. 2014, c. 13)
Full Document:
Assented to 2014-06-19
57. Subsection 13(3) of the English version of the Act is replaced by the following:
Marginal note:Selection of Chairperson of Board within 60 days
(3) The Chairperson of the Board shall be selected, from among persons nominated by each government, by the panel within 60 days after the appointment of the chairperson of the panel.
58. Section 26 of the Act is amended by adding the following after subsection (4):
Marginal note:Application of Nova Scotia legislation
(4.1) Nova Scotia social legislation as defined in subsection 210.001(1), the provisions of the Trade Union Act, R.S.N.S. 1989, c. 475, as amended from time to time, and the provisions of the Occupational Health and Safety Act, S.N.S. 1996, c. 7, 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).
59. The Act is amended by adding the following after section 27:
Marginal note:Audit and evaluation committee
27.1 (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.
60. Subsection 30(2) of the Act is replaced by the following:
Marginal note:Contents of report
(2) The 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.
61. Subsection 41(2) of the Act is replaced by the following:
Marginal note:Occupational health and safety directives
(2) 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 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 210.121 or made following an inquiry under section 210.122.
Marginal note:Directives of either Minister
(3) If a request is received during any calendar year by the Board or the Federal Minister or the Provincial Minister to make a call for bids under Part II in relation to particular portions of the offshore area, the Federal Minister or the Provincial Minister may, after having reviewed the plan of the anticipated decisions of the Board during the calendar year submitted under section 43, issue to the Board a written directive to specify those portions of the offshore area in a call for bids made under Part II.
62. Subsection 46(1) of the Act is amended by adding the following after paragraph (c):
(c.1) aviation regulation;
63. Subsection 126(1) of the Act is replaced by the following:
Marginal note:Notice to comply
126. (1) If the Board has reason to believe that an interest owner or holder is failing or has failed to meet any requirement of this Part or Part III or III.1 or any regulation made under any of those Parts, the Board may give notice to that interest owner or holder requiring compliance with the requirement within 90 days after the day on which the notice is given or within any longer period that the Board considers appropriate.
64. (1) Section 142 of the Act is amended by adding the following after subsection (3):
Marginal note:Copy to Chief Safety Officer
(3.1) On receipt by the Board of an application for an authorization for a work or activity referred to in paragraph (1)(b) or of an application to amend such an authorization, the Board shall provide a copy of the application to the Chief Safety Officer.
(2) Section 142 of the Act is amended by adding the following after subsection (4):
Marginal note:Limitation
(4.1) The approvals, requirements and deposits that are determined, granted or prescribed shall not be inconsistent with the provisions of this Act or the regulations.
Marginal note:1992, c. 35, s. 96
(3) Paragraphs 142(5)(a) and (b) of the Act are replaced by the following:
(a) a requirement, approval, fee or deposit, determined by the Board in accordance with the provisions of this Part or Part III.1 or granted or prescribed by regulations made under either of those Parts, subject to which the licence or authorization was issued;
(b) a requirement undertaken in a declaration referred to in subsection 143.1(1);
(4) Subsection 142(5) of the Act is amended by striking out “or” at the end of paragraph (c) and by adding the following after that paragraph:
(c.1) any provision of Part III.1; or
Marginal note:1992, c. 35, s. 98
65. Subsection 143.1(2) of the Act is repealed.
Marginal note:1992, c. 35, s. 99
66. Section 144 of the Act is replaced by the following:
Marginal note:Designation
144. The Board may, for the purposes of this Act, designate any person as the Chief Safety Officer and any other person as the Chief Conservation Officer. However, the Chief Executive Officer may not be designated as the Chief Safety Officer.
Marginal note:1992, c. 35, s. 99
67. Section 144.1 of the Act is replaced by the following:
Marginal note:Orders
144.1 For the purposes of this Act, an order made by an operational safety officer, the Chief Safety Officer, a conservation officer, the Chief Conservation Officer, the Committee or a health and safety officer as defined in subsection 210.001(1) is not a statutory instrument as defined in the Statutory Instruments Act.
Marginal note:1992, c. 35, s. 102
68. Paragraphs 155(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 153, if those Officers are satisfied that the use of that other equipment or 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 153, 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:1992, c. 35, s. 103; 1999, c. 31, s. 33
69. Section 157 of the Act is repealed.
Marginal note:1992, c. 35, s. 111(2)(E)
70. Subsection 166(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.
Marginal note:1992, c. 35, s. 117
71. The heading before section 193 of the English version of the Act is replaced by the following:
Operational Safety Officers and Conservation Officers
Marginal note:1992, c. 35, s. 117
72. Sections 193 and 194 of the Act are replaced by the following:
Marginal note:Operational safety officers
193. (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 17.
Marginal note:Orders for verifying compliance
194. (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 194.2, 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
194.1 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
194.2 (1) If the place referred to in subsection 194(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 210.001(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 194(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 210.001(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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