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

Act current to 2019-12-03 and last amended on 2019-08-28. Previous Versions

PART III.1Occupational Health and Safety (continued)

Administration and Enforcement (continued)

Marginal note:Assistance to officers

  •  (1) The operator for, employers, employees and supervisors at, owners of, suppliers or providers of services to, as well as the person in charge of, a place entered by a health and safety officer under subsection 205.073(3) — and the interest holders having an interest, or a share of an interest, in any portion of the offshore area in which the place is located — shall give all assistance that is reasonably required to enable the officer to verify compliance with this Part and shall provide any documents, data or information that is reasonably required for that purpose.

  • Marginal note:Transportation, accommodation and food

    (2) If the place referred to in subsection 205.073(3) is a workplace, the operator shall provide to the health and safety officer, and to every individual accompanying that officer, free of charge,

    • (a) suitable transportation between the operator’s usual point of embarkation on shore and the workplace, between the workplace and the operator’s usual point of disembarkation on shore, and between workplaces; and

    • (b) suitable accommodation and food at the workplace.

  • 2014, c. 13, s. 45

Marginal note:False statements or information

 No person shall make a false or misleading statement or provide false or misleading information, in connection with any matter under this Part, to a health and safety officer who is carrying out duties or functions under this Part or to the Chief Safety Officer when he or she is conducting a review under section 205.099.

  • 2014, c. 13, s. 45

Marginal note:Obstruction

 No person shall obstruct or hinder a health and safety officer who is carrying out duties or functions under this Part or the Chief Safety Officer when he or she is conducting a review under section 205.099.

  • 2014, c. 13, s. 45

Marginal note:Accompaniment of health and safety officer

  •  (1) A health and safety officer who is inspecting, testing or monitoring anything in a workplace under subsection 205.073(3) shall give to an employer representative at the workplace, and to a member of the workplace committee who represents employees, an opportunity to accompany the officer when the officer is carrying out those activities.

  • Marginal note:Employee representative unavailable

    (2) If no employee representative from the workplace committee is available, the officer may select one or more other employees to accompany them.

  • Marginal note:Unaccompanied examination

    (3) The officer may carry out the activities without being accompanied by an employer or employee representative if either or both of them are unavailable and the officer considers that it is necessary to proceed immediately with those activities.

  • Marginal note:Consultation with employees

    (4) If the officer is not accompanied by an employee representative, the officer shall endeavour to consult with a number of employees when carrying out the activities.

  • Marginal note:Compensation of employee

    (5) An individual who is accompanying or being consulted by an officer under this section shall be paid the same wages and granted the same benefits that the individual would have received had they been working.

  • 2014, c. 13, s. 45

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 a health and safety 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) A health and safety 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 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) An operator shall provide, free of charge, to an individual who is executing a warrant under this section at any of its workplaces

    • (a) suitable return transportation between the workplace and any location from which transportation services to that workplace are usually provided, and between workplaces; and

    • (b) suitable accommodation and food at the workplace.

  • 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 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.

  • 2014, c. 13, s. 45

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 a health and safety 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, a health and safety 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. 45

Non-disturbance of Scene

Marginal note:Serious injury or death

  •  (1) In the case of an incident at a workplace, or involving a passenger craft, that results in serious injury or death, no person shall, unless authorized to do so by a health and safety officer, disturb anything related to the incident except to the extent necessary to

    • (a) attend to any individuals who are injured or killed;

    • (b) prevent further injuries; or

    • (c) prevent damage to or loss of property.

  • Marginal note:Exception — passenger craft

    (2) If an individual is killed or seriously injured by an incident involving a passenger craft, an individual who is investigating the incident under the Aeronautics Act, the Canada Shipping Act, 2001 or the Canadian Transportation Accident Investigation and Safety Board Act is not required to obtain an authorization under subsection (1).

  • 2014, c. 13, s. 45

Disclosure of Information

Marginal note:Provision of information

 No person shall prevent an employee from providing to a health and safety officer or to the Board, or to any person or committee having duties or functions under this Part, information that they may require to carry out their duties or functions.

  • 2014, c. 13, s. 45
 
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