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

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

PART III.1Occupational Health and Safety (continued)

Reprisals and Complaints (continued)

Marginal note:Enquiry into complaint

  •  (1) If a complaint is made to an occupational health and safety officer, the officer shall enquire into it and decide if it is justified.

  • Marginal note:Enquiry on own initiative

    (2) An occupational health and safety officer may carry out an enquiry on their own initiative if the officer is of the opinion, based on information that the officer considers to be reliable, that grounds for a complaint under section 210.06 exist.

  • 2014, c. 13, s. 84

Marginal note:Notice of decision

 If, after carrying out their enquiry, the occupational health and safety officer decides that a complaint is not justified or that no grounds for a complaint exist, they shall immediately give notice of the decision to the operator and the complainant, as well as to the employer, provider of services or union that is the subject of the complaint.

  • 2014, c. 13, s. 84

Marginal note:Order to pay wages or grant benefits

  •  (1) If the occupational health and safety officer decides that an employer or a provider of services that is providing services related to the placement of an employee has failed to pay wages or grant benefits to the employee that are required under this Part, they may order the employer or provider of services, as the case may be, subject to any terms and conditions that they consider appropriate,

    • (a) to pay those wages or grant those benefits; and

    • (b) to take any other measure necessary to remedy the matter.

  • Marginal note:Order in case of reprisal action

    (2) If the occupational health and safety officer decides that an operator, employer, provider of services or union has taken reprisal action contrary to subsection 210.059(2), they may, subject to any terms and conditions that they consider appropriate, order

    • (a) the reinstatement of an employee on the same terms and conditions under which the employee was employed immediately before the reprisal action;

    • (b) the payment or the granting to an employee, by the employer or provider of services of any wages or benefits that the employee would have been entitled to but for the reprisal action;

    • (c) the removal of any reprimand or other references to the matter from the records of any operator, employer or provider of services;

    • (d) the reinstatement of an employee to a union if the employee has been expelled by the union; and

    • (e) the taking by the operator, employer, provider of services or union of any other measure necessary to remedy the matter.

  • Marginal note:Order in case of threat of reprisal action

    (3) If the occupational health and safety officer decides that an operator, employer, provider of services or union has threatened to take reprisal action contrary to subsection 210.059(2), they shall order it not to take that action.

  • Marginal note:Order to specify breach

    (4) An order made under this section shall specify the provisions of this Part or of the regulations made under this Part that have not been complied with or the nature of any reprisal action taken or threatened to be taken contrary to subsection 210.059(2), as the case may be.

  • 2014, c. 13, s. 84

Marginal note:Application by employer or provider of services

  •  (1) An employer or a provider of services may apply in writing to an occupational health and safety officer for a determination as to whether

    • (a) an employee has received wages and benefits under subsection 210.052(3) knowing that no circumstances existed that would warrant the employee’s refusal, under section 210.05, to perform an activity; or

    • (b) an employee has received wages and benefits under subsection 210.055(3) knowing that no circumstances existed that would warrant the employee’s refusal, under section 210.054 to be transported.

  • Marginal note:Time limit

    (2) The application shall be made within 30 days after all avenues of redress have been exhausted by the employee.

  • Marginal note:Burden of proof

    (3) The burden of proving that no circumstances existed that would warrant the refusal by the employee is on the employer or the provider of services.

  • 2014, c. 13, s. 84

Marginal note:Notice of decision

 If an occupational health and safety officer dismisses an application made under subsection 210.064(1), the officer shall immediately give notice of the decision to the applicant, the Chief Safety Officer and the operator, as well as to the employee who is the subject of the application.

  • 2014, c. 13, s. 84

Marginal note:Notice of decision

 If an occupational health and safety officer determines that an employee has received wages and benefits under subsection 210.052(3) or 210.055(3) knowing that no circumstances existed that would warrant the refusal by the employee under section 210.05 to perform an activity, or the refusal by the employee under section 210.054 to be transported, as the case may be, the officer shall immediately give notice of the decision to the applicant, the Chief Safety Officer and the operator, as well as to the employee who is the subject of the application.

  • 2014, c. 13, s. 84

Activities of Board

Marginal note:Research, studies and programs

  •  (1) The Board may, for the purposes of this Part,

    • (a) undertake research into the causes of and the means of preventing or reducing occupational injury and illness;

    • (b) cause studies to be made into occupational health and safety;

    • (c) publish the results of the research or studies;

    • (d) compile, prepare and disseminate information related to occupational health and safety obtained from the research and studies;

    • (e) implement programs to prevent or reduce occupational injury and illness; and

    • (f) implement — in accordance with the regulations, if any — programs for medical monitoring and examination related to occupational health and safety, request any employer to do so or appoint any medical practitioner qualified in occupational medicine to do so.

  • Marginal note:Consent for medical monitoring or examination

    (2) For the purposes of paragraph (1)(f), medical monitoring or examination of an employee may be conducted only with the employee’s written consent.

  • Marginal note:Cooperation with governments, etc.

    (3) The Board may carry out the activities described in paragraphs (1)(a), (e) and (f) in conjunction with any department or agency of the Government of Canada, the government of any province or a foreign government, or with any other organization that carries out similar activities.

  • 2014, c. 13, s. 84

Marginal note:Guidelines and interpretation notes

  •  (1) The Board may issue and publish, in any manner that it considers appropriate, guidelines and interpretation notes with respect to the application and administration of this Part.

  • Marginal note:Not statutory instruments

    (2) The guidelines and interpretation notes are not statutory instruments for the purposes of the Statutory Instruments Act.

  • 2014, c. 13, s. 84

Authorization

Marginal note:Recommendation of Chief Safety Officer

  •  (1) On receipt under subsection 142(3.1) of an application for an authorization, or to amend an authorization, the Chief Safety Officer shall

    • (a) consider the potential impact of the work or activity to be authorized on the health and safety of employees engaged in the work or activity; and

    • (b) make a written recommendation to the Board on the matters considered.

  • Marginal note:Board to take recommendation into account

    (2) In deciding whether to issue or amend an authorization, the Board shall take into account the recommendation of the Chief Safety Officer.

  • Marginal note:Authorization  — occupational health and safety

    (3) In addition to any requirement or approval determined by the Board under Part III to which an authorization is subject, the authorization is also subject to any requirements and approvals, not inconsistent with the provisions of this Act or the regulations, that the Board determines relate to occupational health and safety.

  • 2014, c. 13, s. 84
 
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