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

Act current to 2019-06-20 and last amended on 2019-01-01. Previous Versions

PART IIIPetroleum Operations (continued)

DIVISION IIIAppeals and Administration (continued)

Operational Safety Officers and Conservation Officers (continued)

Marginal note:Obstruction of officers and making of false statements

 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.

  • 1987, c. 3, s. 192
  • 1992, c. 35, s. 80
  • 2014, c. 13, s. 35

Marginal note:Authority to issue warrant

  •  (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.

  • 2014, c. 13, s. 35

Marginal note:Storage and removal

  •  (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.

  • 2014, c. 13, s. 35

Marginal note:Power of operational safety officer

  •  (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:Reference to provincial court judge

    (5) The person carrying out the operation to which an order under subsection (1) makes reference or any person having a pecuniary interest in that operation may by notice in writing request the Chief Safety Officer to refer it to a provincial court judge for review, and thereupon the Chief Safety Officer shall refer the order to a provincial court judge having jurisdiction in the area closest to that in which the operation is being carried on.

  • Marginal note:Inquiry by a provincial court judge

    (6) A provincial court judge to whom an order is referred pursuant to this section shall inquire into the need for the order and for that purpose has all the powers of a commissioner under Part I of the Inquiries Act.

  • Marginal note:Burden of proof

    (7) Where an order has been referred to a provincial court judge pursuant to this section, the burden of establishing that the order is not needed is on the person who requested that the order be so referred.

  • Marginal note:Provincial court judge’s decision conclusive

    (8) A provincial court judge to whom an order is referred pursuant to this section may confirm or set aside the order and the decision of the provincial court judge is final and conclusive.

  • Marginal note:Operations in respect of which order made

    (9) No person shall continue an operation in respect of which an order has been made pursuant to this section, except in accordance with the terms of the order or until the order has been set aside by a provincial court judge pursuant to this section.

  • 1987, c. 3, s. 193
  • 1992, c. 35, s. 80
  • 2014, c. 13, s. 36(E)

Marginal note:Priority

 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.

  • 1992, c. 35, s. 80
  • 2014, c. 13, s. 37(E)

Installation Manager

Marginal note:Installation manager

  •  (1) Every holder of an authorization under paragraph 138(1)(b) in respect of a work or activity for which a prescribed installation is to be used shall put in command of the installation a manager who meets any prescribed qualifications, and the installation manager is responsible for the safety of the installation and the persons at it.

  • Marginal note:Powers

    (2) Subject to this Act and any other Act of Parliament, an installation manager has the power to do such things as are required to ensure the safety of the installation and the persons at it, and, more particularly, may

    • (a) give orders to any person who is at the installation;

    • (b) order that any person who is at the installation be restrained or removed; and

    • (c) obtain any information or documents.

  • 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.

  • 1992, c. 35, s. 80
  • 2014, c. 13, s. 38
 
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