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

Act current to 2019-07-01 and last amended on 2019-01-01. Previous Versions

PART III.1Occupational Health and Safety (continued)

Administration and Enforcement (continued)

Marginal note:Orders for verifying compliance

  •  (1) A health and safety officer may, for the purpose of verifying compliance with this Part, order an operator, employer, employee, supervisor, interest holder, owner, provider of services or supplier

    • (a) to do, in a place that is used for any work or activity for which an authorization has been issued, including a passenger craft or an aircraft or vessel that has been used or is intended to be used as a passenger craft, any of the following:

      • (i) inspect anything,

      • (ii) pose questions or conduct tests or monitoring, and

      • (iii) take photographs or measurements or make recordings or drawings;

    • (b) to accompany or assist the officer while the officer is in a place described in paragraph (a);

    • (c) 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;

    • (d) 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;

    • (e) to ensure that all or part of a place described in paragraph (a), or anything located in the place, that is under their control, not be disturbed for a reasonable period pending the exercise of any powers under this section; and

    • (f) to remove anything from a place described in paragraph (a) and to provide it to the officer, in the manner specified by the officer, for examination, testing or copying.

  • Marginal note:Orders for verifying compliance

    (2) A health and safety officer may, for the purpose of verifying compliance with this Part, order any person in charge of a place, other than a person in charge of a place referred to in paragraph (1)(a), in which the 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 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 specified by the officer, for examination, testing or copying.

  • Marginal note:Powers on entry

    (3) A health and safety officer may, for the purpose of verifying compliance with this Part and subject to section 205.075, enter a place that is used for any work or activity for which an authorization has been issued, including a passenger craft or an aircraft or vessel that has been used or is intended to be used as a passenger craft, or any other place in which the 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

    (4) For greater certainty, a health and safety officer who has entered a place under subsection (3) may order any individual in the place to do anything described in paragraphs (1)(a) to (f) or (2)(a) to (h), as the case may be.

  • Marginal note:Return of things removed

    (5) Anything removed under paragraph (1)(f), (2)(h) or (3)(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.

  • 2014, c. 13, s. 45

Marginal note:Reports to be provided to operator

  •  (1) A health and safety officer shall provide to an operator written reports respecting anything inspected, tested or monitored at any of its workplaces by, or on the order of, the officer for the purpose of verifying compliance with this Part.

  • Marginal note:Reports to be provided to employer

    (2) A health and safety officer shall provide to each employer at a workplace written reports respecting anything inspected, tested or monitored at the workplace by, or on the order of, the officer for the purpose of verifying compliance with this Part that relate to the health and safety of the employer’s employees.

  • Marginal note:Editing of report — trade secrets

    (3) If a report contains a trade secret, the health and safety officer may edit the report to protect the trade secret.

  • Marginal note:Editing of report — medical and other information

    (4) If a report contains information relating to the medical history of an identifiable individual or other prescribed information relating to an identifiable individual, the health and safety officer shall edit the report to protect that information before providing it to an operator or employer, unless the individual to whom the information relates consents in writing to the disclosure of the information to the operator or employer.

  • 2014, c. 13, s. 45

Marginal note:Entering living quarters

  •  (1) If the place referred to in subsection 205.073(3) is living quarters, a health and safety officer is not authorized to enter those quarters without the consent of the occupant except

    • (a) to execute a warrant issued under subsection (4);

    • (b) to verify that any lifesaving equipment that is prescribed is readily available and in good condition; or

    • (c) to verify that those quarters, if on a marine installation or structure, are in a structurally sound condition sufficient to ensure the health and safety of employees.

  • Marginal note:Notice

    (2) The officer shall provide reasonable notice to the occupant before entering living quarters under paragraph (1)(b) or (c).

  • Marginal note:Exception

    (3) Despite paragraphs (1)(b) and (c), 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 a health and safety officer who is named in it 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 205.073(3);

    • (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 health and safety 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 a health and 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 the accommodation of employees on a marine installation or structure or a passenger craft, and any room for the exclusive use of the occupants of those quarters that contains a toilet or a urinal.

  • 2014, c. 13, s. 45
 
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