Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act (S.C. 1988, c. 28)

Marginal note:Reports to be provided to operator

• 210.075 (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.

Marginal note:Entering living quarters

• 210.076 (1) If the place referred to in subsection 210.074(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 210.074(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.

Marginal note:Assistance to officers

• 210.077 (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 210.074(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 210.074(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.

Marginal note:False statements or information

210.078 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 210.1.

Marginal note:Obstruction

210.079 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 210.1.

Marginal note:Accompaniment of health and safety officer

• 210.08 (1) A health and safety officer who is inspecting, testing or monitoring anything in a workplace under subsection 210.074(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.

Marginal note:Authority to issue warrant

• 210.081 (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.

Marginal note:Storage and removal

• 210.082 (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.

Non-disturbance of Scene

Marginal note:Serious injury or death

• 210.083 (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).

Disclosure of Information

Marginal note:Provision of information

210.084 No person shall prevent an employee from providing to a health and safety officer or to the Regulator, 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.

Marginal note:Information not to be disclosed

210.085 Subject to sections 210.088 to 210.09, no person shall — except for the purposes of this Part, for the purposes of a prosecution under this Part, for the purposes of Part III as it relates to safety or for the purposes of a prosecution under Part III that relates to safety — disclose the results of

• (a) activities carried out by or on the order of a health and safety officer for the purpose of verifying compliance with this Part; or

• (b) activities carried out under a warrant issued under this Part.

Marginal note:Non-disclosure of identity

210.086 Subject to section 210.089, no individual to whom information obtained under this Part is communicated in confidence shall disclose the identity of the individual who provided it except for the purposes of this Part, and no individual who obtains such information in confidence is competent or compellable to disclose the identity of the individual who provided it before any court or other tribunal except by order of the court or tribunal on any terms and conditions that the court or tribunal considers just.

Marginal note:Non-disclosure of trade secrets

• 210.087 (1) Subject to subsections (2) and 210.089(1), trade secrets that become known to a health and safety officer who enters a place under subsection 210.074(3), or to an individual accompanying or a person assisting the officer, are privileged and shall not be disclosed except for the purposes of this Part, or for the purposes of Part III as it relates to safety.

• Marginal note:Information on hazardous products and materials

  (2) Information that, under the Hazardous Materials Information Review Act, a person is exempt from disclosing under paragraph 210.022(d) or (e) or under paragraph 13(a) or (b) of the Hazardous Products Act, and that is obtained by a health and safety officer who enters a place under subsection 210.074(3), or by an individual accompanying or a person assisting the officer, is privileged and, despite the Access to Information Act or any other Act or law, shall not be disclosed to any other person except for the purposes of this Part, or for the purposes of Part III as it relates to safety.

• Marginal note:Secondary release of information

  (3) Subject to subsection 210.089(2), information disclosed under subsection (1) or (2) shall not be further disclosed by the recipient, except for the purpose for which it was disclosed to them.