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Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act (S.C. 1988, c. 28)

Act current to 2019-07-01 and last amended on 2017-06-22. Previous Versions

PART IIIPetroleum Operations (continued)

DIVISION IIIAppeals and Administration (continued)

Operational Safety Officers and Conservation Officers (continued)

Marginal note:Reports provided to holder of authorization

 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.

  • 2014, c. 13, s. 72

Marginal note:Entering living quarters

  •  (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.

  • 2014, c. 13, s. 72

Marginal note:Certificate to be produced

 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.

  • 1988, c. 28, s. 195
  • 1992, c. 35, s. 117
  • 2014, c. 13, s. 73(E)

Marginal note:Assistance to officers

  •  (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 194(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 194(2) is a marine installation or structure, as defined in subsection 210.001(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.

  • 1988, c. 28, s. 196
  • 1992, c. 35, s. 117
  • 2014, c. 13, s. 74

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.

  • 1988, c. 28, s. 197
  • 1992, c. 35, s. 117
  • 2014, c. 13, s. 74

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 210.001(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. 74
 
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