BILL NO. 33

(as introduced)

2nd Session, 60th General Assembly
Nova Scotia
56 Elizabeth II, 2007

Government Bill

Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation (Nova Scotia) Act
(amended)

The Honourable Mark Parent
Minister of Environment and Labour

First Reading: November 28, 2007

(Explanatory Notes)

Second Reading:

Third Reading:

Clause 1 updates the definition of "Minister" in the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation (Nova Scotia) Act.

Clause 2 requires a person exploring for and exploiting petroleum to maintain a prudent regime for achieving safety having regard to any potential impact on health.

Clause 3

(a) provides that an authorization to carry on a work or activity is subject to requirements respecting health and safety; and

(b) gives the Canada-Nova Scotia Offshore Petroleum Board the authority to amend an authorization and to suspend or revoke an operating licence.

Clause 4 provides that the Chief Safety Officer shall, after receipt by the Board of an application for an authorization for a work or activity, consider the safety of the work or activity and make a written recommendation to the Board.

Clause 5 removes the ability of the Board to accept, in respect of equipment that is to be used in a work or activity, a declaration from the owner of the equipment that the equipment is fit for the purpose for which it is to be used.

Clause 6 enables the Board to designate a person as the Chief Safety Officer and another person as the Chief Conservation Officer.

Clause 7 sets out the powers of the Chief Safety Officer and the Chief Conservation Officer.

Clause 8 revises Section 148 of the Act dealing with the issuance and publication of guidelines by the Board.

Clause 9 revises Section 149 of the Act dealing with the Provincial legislation that applies on a marine installation or structure.

Clause 10 amends the provision in the Act dealing with the prevention of further spills.

Clause 11 provides that the Board shall appoint the conservation officers necessary for the administration and enforcement of Part III of the Act.

Clause 12 removes the authority of a safety officer contained in Section 186 of the Act to enter any place and carry out certain activities at that place as this authority will now be contained in the new Part IIIA enacted by Clause 17.

Clause 13

(a) requires the Board to provide every conservation officer, the Chief Conservation Officer and the Chief Safety Officer with a certificate of appointment or designation;

(b) requires the owner and the person in charge of a place to give reasonable assistance to a conversation officer, the Chief Conservation Officer or the Chief Safety Officer when carrying out their duties under the Act;

(c) provides that no person shall obstruct or hinder a conversation officer, the Chief Conservation Officer or the Chief Safety Officer in carrying out their duties under the Act; and

(d) provides for an installation manager and outlines the manager's responsibilities.

Clause 14 provides that a person who fails to comply with a direction, requirement or order of a conservation officer, the Chief Conservation Officer or an installation manager made in a prescribed emergency is guilty of an offence.

Clause 15 adds new penalty and enforcement provisions to the Act.

Clause 16 revises Section 197 of the Act dealing with a copy of an order or other document being sufficient proof of the matters set out in the order or document.

Clause 17 adds Part IIIA to the Act dealing with occupational health and safety.

Clause 18 provides that the Oil and Gas Occupational Safety and Health Regulations apply in respect of employment on any marine installation or structure until revoked or replaced by regulations made under Part III or IIIA of the Act.

Clause 19 updates references in the Freedom of Information and Protection of Privacy Act to certain provisions of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation (Nova Scotia) Act.

Clause 20 provides that this Act comes into force on proclamation.

1 Clause 2(o) of Chapter 3 of the Acts of 1987, the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation (Nova Scotia) Act, is repealed and the following clause substituted:

(o) "Minister" means the Minister of Energy;

(a) safety, particularly by ensuring persons exploring for and exploiting petroleum to maintain a prudent regime for achieving safety having regard to any potential impact on health;

(a) striking out "and" at the end of clause (b);

(b) striking out the period at the end of clause (c) and substituting "; and"; and

(c) adding the following clause:

PART IIIA
OCCUPATIONAL HEALTH AND SAFETY
Interpretation

202A (1) In this Part,

(a) "authorization" means an authorization issued under clause (b) of subsection (1) of Section 135;

(b) "Chief Safety Officer" means any person designated as the Chief Safety Officer under Section 137;

(c) "committee" means a special committee and a workplace committee;

(d) "danger" means any existing or potential hazard or condition or any current or future activity that could reasonably be expected to cause injury or illness to a person exposed to it before the hazard or condition can be corrected, or the activity altered, whether or not the injury or illness occurs immediately after the exposure to the hazard, condition or activity, and includes any exposure to a hazardous substance that is likely to result in a chronic illness, in disease or in damage to the reproductive system;

(e) "declaration" means a declaration referred to in subsection (1) of Section 136A;

(f) "employee" means an individual who, in return for monetary compensation, performs work or services in respect of work or activities authorized under clause (b) of subsection (1) of Section 135;

(g) "employer" means a person who employs or contracts for the services of a person in respect of a work or activity authorized under clause (b) of subsection (1) of Section 135;

(h) "hazardous substance" includes a controlled product and a chemical, biological or physical agent that, by reason of a property that the agent possesses, is hazardous to the safety or health of a person exposed to it;

(i) "interest holder" means, in respect of an interest or a share in an interest, the person indicated in the register maintained pursuant to Sections 104 to 120 as the holder of the interest or the share;

(j) "interest owner" means the interest holder who holds an interest or the group of interest holders who hold all of the shares in an interest;

(k) "marine installation or structure" has the same meaning as in subsection (1) of Section 149;

(l) "Minister" means the Minister of Environment and Labour;

(m) "operator" means a person to whom an authorization has been issued;

(n) "owner" means a person who has a right, title or interest, including a leasehold interest, recognized by law, in a marine installation or structure that is used or is to be used as a workplace, or a legal representative of such a person;

(o) "provider of services" means any person who, for commercial gain, provides services that affect or could affect the health or safety of persons at or near a workplace, including an engineer, an architect, a certifying authority referred to in subsection (6) of Section 136B and any person who provides information, advice or a certificate or who affixes a professional seal or stamp;

(p) "safety officer" means a person designated as a safety officer under the regulations and includes the Chief Safety Officer if that person is designated as a safety officer under the regulations;

(q) "special committee" means an occupational health and safety committee established under Section 202AV;

(r) "supervisor" means an employee who is in charge of a workplace or part of one or who has authority over other employees, and includes an installation manager referred to in subsection (2) of Section 190B;

(s) "supplier" means a person who manufactures, supplies, sells, leases, installs or distributes any thing to be used by any employee at or near the workplace, including any equipment, machine, device or material or any chemical, biological or physical agent;

(t) "union" means a trade union as defined in the Trade Union Act that has the status of a bargaining agent under that Act in respect of any bargaining unit at a workplace, and includes an organization representing employees if the organization has exclusive bargaining rights under any other Act of the Province in respect of the employees;

(u) "workplace" means any marine installation or structure where an employee is or is likely to be present for the purpose of work or activity authorized under clause (b) of subsection (1) of Section 135;

(v) "workplace committee" means an occupational health and safety committee established under Section 202AU.

(2) In this Part, "controlled product", "hazard symbol", "Ingredient Disclosure List", "label" and "material safety data sheet" have the same meanings as in the Hazardous Products Act (Canada).

Application

202B (1) Notwithstanding subsection (1) of Section 123 of the Canada Labour Code and any other Act of Parliament or any regulations made under them, this Part applies in respect of the exploration or drilling for or the production, conservation or processing of petroleum within the offshore area.

(2) This Part also applies to employees while they are being transported between the last point of embarkation or the first point of disembarkation on shore and a workplace, or between workplaces, situated within the offshore area.

Purpose

202C (1) The purpose of this Part is to prevent accidents and injury to health arising out of, linked with or occurring in the course of employment to which this Part applies, in particular by

(a) allocating responsibility for occupational health and safety among the various participants involved in work or activities in the offshore area; and

(b) establishing a framework for participants to exercise their rights and carry out their obligations under this Part.

(2) Preventive measures should first aim at the elimination of hazards, then the reduction of risks presented by hazards and finally, the taking of protective measures, all with the goal of ensuring the health and safety of employees.

Allocation of Responsibility

202D (1) The allocation of responsibility for occupational health and safety is based on the following principles:

(a) an operator has overall responsibility for ensuring the health and safety of persons engaged in work or activities related to the operator's authorization; and

(b) operators, employers, suppliers, providers of services, employees, supervisors, owners and interest owners have individual and shared responsibilities with regard to the health and safety of persons referred to in clause (a) and are responsible for cooperating with each other and coordinating their work and activities regarding health and safety.

(2) For greater certainty, the imposition of any specific obligation under this Part or the regulations made under this Part shall not be construed as limiting the generality of any other provision of this Part or the regulations made under this Part.

Occupational Health and Safety Policies

202E (1) The operator, in consultation with the workplace committee if it has been established, and the employers at a workplace shall each develop a written occupational health and safety policy and review it at least every three years.

(2) The policy must contain the commitments of the operator and employers, as the case may be, to occupational health and safety, including a commitment to co-operate with employees with regard to health and safety and the policy must identify the persons responsible for fulfilling the commitments.

Duties of Operators

202F Every operator shall take all reasonable measures to ensure the health and safety of persons at or near the workplace, including measures to

(a) provide, or ensure the provision of, any information, instruction, training, supervision and facilities necessary for the health and safety of employees;

(b) ensure that all employees, and particularly supervisors, are made aware of any thing or circumstance in the workplace that could threaten the health or safety of employees;

(c) ensure that all employees are made familiar with the proper use of all personal protective equipment, clothing, devices and materials;

(d) ensure that all of an employer's work and activities are conducted so that employees are not exposed to hazards;

(e) ensure the coordination of all work and activities at or near the workplace;

(f) ensure the communication of information necessary for the health and safety of persons at or near the workplace; and

(g) facilitate communication with committees.

202G Every operator shall

(a) ensure that employers, supervisors, employees, owners, suppliers and providers of services are made familiar with and comply with Part III, this Part and the regulations made under Part III or this Part;

(b) meet the commitments in the declaration and comply with the requirements of any authorization regarding health and safety;

(c) record all instances of failure to meet those commitments or to comply with the requirements;

(d) ensure that employers, supervisors, employees, owners and providers of services are made familiar with and comply with the requirements and report any non-compliance with those requirements;

(e) ensure that employers, supervisors, employees, owners and providers of services are made familiar with and comply with the provisions of the occupational health and safety management system;

(f) ensure the establishment of committees;

(g) co-operate with persons carrying out duties or functions under this Act, the regulations or any authorization;

(h) provide, maintain and inspect, or ensure the provision, maintenance and inspection of, all installations, facilities, aircraft, marine vessels, equipment and materials that are under the control of the operator so that persons are not exposed to danger at or near the workplace;

(i) ensure the provision of reasonable support, opportunity and training for members of committees to enable them to carry out their duties and functions under this Part or the regulations made under this Part;

(j) inform interest owners of the requirements of any authorization and the commitments in the declaration and of any failure to meet those requirements or to comply with those commitments;

(k) ensure that the activity of every person who has access to the workplace does not endanger the health and safety of employees; and

(l) ensure that all or part of the workplace is inspected at least once a month, so that every part of the workplace is inspected at least once a year, and ensure the workplace committees participate in the inspections.

202H (1) Every operator shall, in consultation with the workplace committee if it has been established, develop, implement and maintain an occupational health and safety management system that is adapted to the circumstances of the work or activity specified in an authorization, for the purpose of

(a) implementing the operator's occupational health and safety policy;

(b) ensuring compliance with Part III, this Part and the regulations made under Part III or this Part; and

(c) meeting the commitments in the declaration and complying with the requirements of the authorization regarding health and safety.

(2) The occupational health and safety management system shall be set out in writing and shall include provisions regarding

(a) the roles of committees and their interaction;

(b) the roles and accountability of persons responsible for implementing the operator's occupational health and safety policy;

(c) the allocation of resources for the effective operation of the system, including ensuring that employees are qualified and competent, that there is proper quality control of documents, facilities, equipment and materials and that there is effective co-operation among employers;

(d) the management of risks to health and safety, including procedures for

(i) the ongoing and systematic identification and reporting of all hazards,

(ii) the assessment of risks associated with identified hazards, and

(iii) the implementation of hazard control measures;

(e) the procedures for carrying out work or activities, dealing with changes in operations and responding to emergencies;

(f) the procedures for dealing with incidents of non-compliance with the system and the reporting and investigation of accidents, incidents, occupational diseases and other hazardous occurrences and the keeping of related research and statistical analysis;

(g) the auditing of the adequacy and effectiveness of the system, including

(i) determining the ability of the system to achieve the purposes set out in subsection (1), and

(ii) identifying improvements that could be made to the system; and

(h) the implementation of those improvements.

(3) The operator shall make a copy of a document describing the occupational health and safety management system available to any committee and to the safety officer and, on request, to any employer or employee at the workplace.

202I (1) Every operator shall, as soon as possible, notify the Chief Safety Officer of all accidents, incidents, occupational diseases and other hazardous occurrences that become known to the operator.

(2) The operator shall, no later than the first day of April of each year, submit to the workplace committee, the Chief Safety Officer and, on request, to the special committee a written report for the immediately preceding calendar year, in a form determined by the Chief Safety Officer.

(3) The report shall set out data on all accidents, incidents, occupational diseases and other hazardous occurrences that have occurred during the calendar year covered by the report, including the number of disabling injuries and minor injuries.

Duties of Employers

202J Every employer shall take all reasonable measures to ensure the health and safety of persons at or near the workplace, including measures to

(a) provide, or ensure the provision of, any information, instruction, training, supervision and facilities necessary for the health or safety of employees;

(b) ensure that all employees, and particularly supervisors, are made aware of any thing or circumstance in the workplace that could threaten the health or safety of employees;

(c) ensure that all employees are familiar with the proper use of all personal protective equipment, clothing, devices and materials;

(d) conduct the employer's work and activities so that employees are not exposed to hazards;

(e) ensure the communication of information necessary to the health and safety of persons at or near the workplace; and

(f) facilitate communication with committees.

202K Every employer shall

(a) ensure that employees at or near the workplace are made familiar with and comply with Part III, this Part and the regulations made under Part III or this Part;

(b) ensure that the requirements of the authorization regarding health and safety are complied with;

(c) record and report to the operator any non-compliance with any provisions of Part III, this Part or the regulations made under Part III or this Part or with the requirements of the authorization, regarding health and safety;

(d) ensure that the occupational health and safety management system is complied with and carry out any responsibilities assigned to the employer under the system;

(e) co-operate with persons carrying out duties and functions under this Act, the regulations or the authorization;

(f) ensure that all equipment, material, machines, devices and other things are properly installed, in good working order, safe for their intended use and that they are used as intended;

(g) co-ordinate their work and activities with the operator and any other employer who may be affected by the work of the employer;

(h) determine, in consultation with the operator, the impact of the employer's work on health and safety and ensure that other employers who may be affected by the work are provided with adequate information;

(i) ensure the provision of reasonable support, opportunity and training for members of a special committee established by the employer to enable them to carry out their duties and functions under this Part or the regulations made under this Part; and

(j) co-operate with the operator to ensure that all or part of the workplace is inspected at least once a month, so that every part of the workplace is inspected at least once a year, and ensure that the workplace committees participate in the inspections.

202L (1) Every employer shall, in consultation with the workplace committee if one has been established, develop, implement and maintain an occupational health and safety program for the purpose of implementing the employer's occupational health and safety policy if

(a) five or more employees are normally employed at the workplace by the employer; or

(b) the program is prescribed by regulation or is required by order of the Chief Safety Officer.

(2) If the employer has been ordered to establish a special committee, the employer shall consult with the committee on the development, maintenance and implementation of the program.

(3) The employer's occupational health and safety program shall be set out in writing and shall include provisions for

(a) the training and supervision of employees that are necessary to ensure their health and safety and that of other persons at or near the workplace;

(b) the preparation of written procedures for the implementation of safe and healthy work practices, including any procedures required under this Part and the regulations made under this Part or by order of a safety officer, and the identification of the types of work to which the procedures apply;

(c) the establishment and operation of committees, including maintenance of records of membership, access by committees to a level of management with authority to resolve occupational health and safety matters and information required under this Part or the regulations made under this Part to be maintained in relation to a committee;

(d) the roles of committees and their interaction in implementing the employer's occupational health and safety policy;

(e) the roles and accountability of persons responsible for implementing the employer's occupational health and safety policy;

(f) the management of risks to health and safety, including procedures for

(i) the ongoing and systematic identification and reporting of all hazards,

(ii) the assessment of risks associated with identified hazards, and

(iii) the implementation of hazard control measures;

(g) the procedures for dealing with non-compliance with the program and the reporting and investigations of accidents, incidents, occupational diseases and other hazardous occurrences, and the keeping of related records and statistical analysis;

(h) the auditing of the adequacy and effectiveness of the program, including

(i) determining the ability of the program to comply with the operator's occupational health and safety policy and occupational health and safety management system, and

(ii) identifying improvements that could be made to the program; and

(i) the implementation of those improvements.

(4) The employer shall make available a copy of the program to the workplace committee and the operator and, on request, to employees or other committees at the workplace.

202M Subject to any exceptions that may be prescribed, every employer shall, in respect of every workplace controlled by the employer and, in respect of every work or activity carried out by an employee at or near the workplace that is not controlled by the employer, to the extent that the employer controls the work or activity,

(a) ensure that concentrations of hazardous substances in the workplace are controlled in accordance with prescribed standards;

(b) ensure that all hazardous substances in the workplace are stored and handled in the manner prescribed;

(c) ensure that all hazardous substances in the workplace, other than controlled products, are identified in the manner prescribed;

(d) subject to the Hazardous Materials Information Review Act (Canada), ensure that each controlled product in the workplace or each container in the workplace in which a controlled product is contained has applied to it a label that discloses prescribed information and has displayed on it, in the manner prescribed, all applicable prescribed hazard symbols;

(e) subject to the Hazardous Materials Information Review Act (Canada), make available to every employee, in the manner prescribed, a material safety data sheet that discloses the following information with respect to each controlled product to which the employee may be exposed, namely,

(i) if the controlled product is a pure substance, its chemical identity and, if it is not a pure substance, the chemical identity of any ingredient of it that is a controlled product and the concentration of that ingredient,

(ii) if the controlled product contains an ingredient that is included in the Ingredient Disclosure List and the ingredient is in a concentration that is equal to or greater than the concentration specified in that List for that ingredient, the chemical identity and concentration of that ingredient,

(iii) the chemical identity of any ingredient of the controlled product that the employer believes on reasonable grounds may be harmful to an employee and the concentration of that ingredient,

(iv) the chemical identity of any ingredient of the controlled product, the toxicological properties of which are not known to the employer and the concentration of that ingredient, and

(v) any other information with respect to the controlled product that may be prescribed;

(f) if employees may be exposed to hazardous substances, investigate and assess the potential exposure in the manner prescribed, with the assistance of the workplace committee or of a safety officer; and

(g) ensure that all records of exposure to hazardous substances are kept and maintained in the manner prescribed and that personal records of exposure are made available to the affected employees.

202N (1) Every employer shall, in respect of every workplace controlled by the employer, and in respect of every work or activity carried out by an employee at or near a workplace that is not controlled by the employer, to the extent that the employer controls that work or activity, provide, in respect of any controlled product to which an employee may be exposed, as soon as is practicable in the circumstances, any information referred to in clause (e) of Section 202M that is in the employer's possession to any physician or other prescribed medical professional who requests that information for the purpose of making a medical diagnosis of, or rendering medical treatment to, an employee in an emergency.

(2) Any physician or other prescribed medical professional to whom information is provided by an employer under subsection (1) shall keep confidential any information specified by the employer as being confidential, except for the purpose for which it is provided.

Duties of Suppliers

202O Every supplier shall take all reasonable measures

(a) to ensure that any thing supplied by the supplier is in safe condition and in compliance with Part III, this Part and the regulations made under Part III or this Part; and

(b) if there is an obligation in an agreement for that supplier to maintain the thing in safe condition, to comply with that obligation and with Part III, this Part and the regulations made under Part III or this Part.

Duties of Providers of Services

202P Every provider of services shall take all reasonable measures to ensure that

(a) no person at or near a workplace is endangered as a result of the provision of services;

(b) any information that they provide in connection with the provision of services is accurate and sufficiently complete so as to enable any person to make a competent judgement on the basis of the information; and

(c) any person who is likely to rely on advice, a certificate or a seal or a stamp provided by them will not, as a result of such reliance, be in contravention of this Act or the regulations or of the requirements of the authorization regarding health and safety or the commitments of the declaration.

202Q (1) Every employee at or near the workplace shall take all reasonable measures to protect their own health and safety and that of other persons at or near the workplace.

(2) Every employer shall

(a) co-operate with the operator, the employer and other employees to protect the employee's own health and safety and that of other persons at or near the workplace;

(b) use and wear, in the manner intended, all personal protective equipment, clothing, devices and materials that are prescribed or that are required to be used or worn by the operator or employer;

(c) take all reasonable measures to ensure that other employees use and wear, in the manner intended, all personal protective equipment, clothing, devices and materials;

(d) ensure that any equipment, material, machine, device or other thing that is installed is properly installed;

(e) consult and co-operate with committees;

(f) co-operate with any person who performs duties or functions under this Act, the regulations or the authorization; and

(g) follow all instructions of their supervisors given for the purpose of ensuring health and safety.

202R If an employee believes that any condition, equipment, machine, device, material or other thing, or any aspect of the workplace, is or may be hazardous, the employee shall

(a) immediately report it to a supervisor;

(b) if the matter is not remedied to the employee's satisfaction, report it to the workplace committee; and

(c) if the matter is not remedied to the employee's satisfaction after the employee reports it in accordance with clauses (a) and (b), report it to a safety officer.

202S No employee is personally liable for anything done or omitted to be done in good faith by the employee when the employee is assisting the employer or operator as requested by either of them, in providing first-aid or in carrying out any other emergency measures.

Duties of Supervisors

202T (1) Every supervisor shall take all reasonable measures to protect the health and safety of employees and to ensure that employees are made familiar with and comply with Part III, this Part and the regulations made under Part III or this Part concerning health and safety.

(2) Every supervisor shall

(a) advise the employer and employees of hazards that the supervisor knows of, or could reasonably be expected to know of;

(b) if required to do so by the operator or employer, provide employees with written instructions as to the measures and procedures to be taken for the protection of the employees; and

(c) report to the employer any non-compliance with this Act or the regulations, or with the requirements of the authorization, regarding health and safety.

Duties of Owners

202U Every owner shall

(a) take all reasonable measures to ensure that any workplace in which the owner has a right, title or interest is delivered and maintained so as to ensure the health and safety of persons at or near the workplace; and

(b) give to the operator at the workplace all information that the owner knows of, or could reasonably be expected to know of, and that could assist the operator to

(i) identify and reduce hazards at or near the workplace, and

(ii) assess whether Part III, this Part and the regulations made under Part III and this Part and the requirements of the authorization, regarding health and safety and the commitments in the declarations are being complied with.

Duties of Interest Owners

202V Every interest owner shall take all reasonable measures to protect the health and safety of persons at or near the workplace and to ensure that the operator of the workplace complies with this Act and the regulations and the requirements of the authorization, concerning health and safety and the commitments in the declaration.

Duties of Corporate Officials

202W Every director and officer of a corporation shall take all reasonable measures to ensure that the corporation complies with Part III, this Part and the regulations made under Part III and this Part and the requirements of the authorization regarding health and safety and the commitments in any declaration.

Communication of Information

202X (1) Subject to this Section, an operator or employer who receives written recommendations from a committee and a request in writing to respond to the recommendations shall respond in writing to the committee within twenty-one days after receiving the request.

(2) The response must indicate the recommendations that the operator or employer accepts and those that the operator or employer rejects, together with the reasons for their rejection.

(3) If it is not possible to provide a response within twenty-one days, the operator or employer, as the case may be, shall, within that period, provide the committee with a written explanation for the delay and an indication of the date when the response will be provided.

(4) If the committee is satisfied that the explanation and the date indicated under subsection (3) are reasonable, the committee shall notify the operator or employer, as the case may be, and that person shall provide the response by that date.

(5) If the committee is not satisfied that the explanation or the date indicated under subsection (3) is reasonable, the committee shall promptly report the matter to a safety officer.

(6) If the safety officer is satisfied that the explanation and the date indicated under subsection (3) are reasonable, the safety officer shall notify the committee and the operator or employer, as the case may be, that the operator or employer must provide the response by the date indicated and the operator or employer shall provide the response by that date.

(7) If the safety officer is not satisfied that the explanation or the date indicated under subsection (3) is reasonable, the safety officer shall notify the committee and the operator or employer, as the case may be, of the date by which the response must be provided and the operator or employer shall provide the response by that date.

(8) If the committee has not been provided with a response to its recommendations within the period required or if the committee considers that a response is not satisfactory, the committee shall inform a safety officer of the matter.

(9) A safety officer who has been informed of a matter under this Section may order the operator or employer, as the case may be, to take the steps specified in the order within any time specified in the order.

202Y (1) Every operator or employer, as the case may be, shall notify committees of any report prepared by or provided to the operator or employer regarding occupational health and safety inspections, monitoring or tests and shall, if requested by a committee, provide that committee with a copy of the report.

(2) The operator or employer shall make available to any employee on request a report referred to in subsection (1).

202Z (1) Subject to subsection (2), an operator or employer who receives a written request from a committee or from an employee for any information regarding occupational health and safety, other than a report referred to in subsection (1) of Section 202Y, shall respond to the committee or employee in writing within twenty-one days after receiving the request.

(2) Subsections (3) to (9) of Section 202X apply mutatis mutandis as if the request for information referred to in subsection (1) were a request for a response referred to in subsection (1) of Section 202X.

202AA (1) Every operator or employer, as the case may be, shall post at the workplace the names of the members of any committees that the operator or employer are required to establish, information on how to contact those members and the minutes of the most recent meeting of those committees.

(2) The operator shall post the following information and documents at the workplace:

(a) this Part and the regulations made under this Part;

(b) any code of practice required by the regulations;

(c) the operator's occupational health and safety policy;

(d) a telephone number for reporting occupational health and safety concerns to the Board; and

(e) any information and reports that a safety officer considers advisable to enable employees to become acquainted with their rights and responsibilities under this Part and the regulations made under this Part.

(3) If ordered by a safety officer, the employer shall make any information and documents referred to in clauses (a) to (e) of subsection (2) available to persons specified in the order.

202AB (1) Subject to subsections (2) and (3), an operator or employer, as the case may be, shall, as soon as practicable after receiving the original or a copy of any of the following documents, post a copy of it at the workplace and provide a copy of it to the workplace committee for the workplace

(a) an order made by a safety officer;

(b) a notice of compliance referred to in subsection (5) of Section 202BQ; or

(c) an application for review, a notice of appeal or a decision on a review or appeal under this Part.

(2) An order referred to in clause (a) of subsection (1) may, with the written permission of a safety officer, be edited by the person who has the obligation to post the order to protect a trade secret, a secret manufacturing process or confidential personal information, if the disclosure is prohibited at law.

(3) If an order is edited under subsection (2), the edited order, with the permission of the safety officer affixed to it, shall be posted.

202AC Information and documents that are required to be posted under Section 202AA shall be posted by affixing, and keeping affixed, a copy of the information or documents at a prominent place in the workplace easily accessible to employees.

202AD If any information or document, other than those referred to in Section 202AA, is required to be posted under this Part, the person who has the obligation to post it shall either

(a) ensure that the information or document is posted and remains posted for at least thirty days, or longer if additional time is necessary to enable employees at the workplace to inform themselves of the content, unless otherwise specified in this Part or the regulations; or

(b) provide a copy of the information or document to each employee.

Right to Refuse to Work

202AE (1) Subject to subsection (2), an employee may refuse to perform an activity at or near a workplace if the employee has reasonable cause to believe that the performance of the activity constitutes a danger.

(2) An employee may not refuse to perform an activity if

(a) the refusal puts the life, health or safety of another person directly in danger; or

(b) the danger referred to in subsection (1) results from a normal condition of the employee's employment.

(3) The employee may continue to refuse to perform the activity until

(a) the employee is satisfied that the danger no longer exists; or

(b) a safety officer has advised the employee that the workplace or the area near the workplace does not constitute a danger.

(4) An employee who refuses to perform an activity shall immediately report the circumstance of the matter to the supervisor at the workplace.

(5) If the supervisor agrees that a danger exists, the supervisor shall take immediate action to protect any person from the danger and, without delay, inform the workplace committee, the operator and the employer of the matter.

(6) If the employee continues to refuse to perform the activity, the employee shall notify the workplace committee and the employer shall notify the operator.

(7) Immediately after being notified under subsection (6), the operator shall notify a safety officer of the continued refusal of the employee to perform the activity and of any remedial action.

(8) The workplace committee may make any recommendations to the employee and the employer that it considers appropriate.

(9) The safety officer shall conduct an investigation of the matter if, in the opinion of the safety officer, it is appropriate to do so and the safety officer shall notify the employee, employer, operator and the workplace committee whether the workplace or area near the workplace represents a danger.

202AF (1) An employee who refuses in accordance with Section 202AE to perform an activity may accompany a safety officer or a workplace committee on an inspection respecting the employee's refusal to perform the activity, for the purpose of ensuring that the other persons involved in the inspection understand the reasons for that refusal.

(2) An employee who accompanies a safety officer or a workplace committee under subsection (1) shall, during that time, be paid the same wages and granted the same benefits that the employee would otherwise have received if the employee had not exercised their right to refuse to perform the activity.

202AG (1) Subject to any applicable collective agreement or other agreement, if an employee reasonably refuses under Section 202AE to perform an activity, an employer may assign reasonably equivalent work to the employee until one of the conditions referred to in subsection (3) of Section 202AE is met.

(2) If the employee is assigned reasonably equivalent work, the employer shall pay the employee the same wages and grant the employee the same benefits that the employee would have received if the employee had not refused to perform the activity.

(3) If the employee has not been assigned reasonably equivalent work, the employer shall, until one of the conditions referred to in subsection (3) of Section 202AE is met, pay the employee the same wages and grant the employee the same benefits that the employee would have received if the employee not refused to perform the activity.

(4) Subject to any applicable collective agreement, if an employee refuses an assignment of reasonably equivalent work, the employee is not entitled to receive any wages or benefits.

(5) So long as an employee continues to exercise their right to refuse to perform an activity, no other employee shall be assigned to perform the activity, unless the employer has advised that other employee of the refusal, the reasons for the refusal and the right of that other employee to refuse to perform the activity.

202AH (1) Subject to any applicable collective agreement or other agreement, an employee at a workplace who is affected by a work stoppage arising from a refusal by another employee to perform an activity shall be paid the same wages and granted the same benefits that the affected employee would have received if no work stoppage had occurred until work resumes or until the affected employee returns to shore, whichever event occurs first.

(2) Subject to any applicable collective agreement or other agreement, an employer may assign reasonably equivalent work to the employee who is affected by a work stoppage at the same wages and benefits that the employee would have received if no work stoppage had occurred.

202AI Subject to any applicable collective agreement or other agreement, an employer may require repayment of any wages and benefits received by an employee under subsection (3) of Section 202AG or subsection (1) of Section 202AH if it is determined, after all avenues of redress have been exhausted by the employee who exercised rights under Section 202AE, that the employee received the wages and benefits knowing that no circumstances existed that would warrant the refusal to perform the activity.

Pregnant or Nursing Employees

202AJ (1) Without prejudice to the rights conferred by Section 202AE and subject to this Section, an employee who is pregnant or nursing may cease to perform her job if she believes that, by reason of the pregnancy or nursing, continuing any of her current job functions may pose a risk to her or to her foetus or child.

(2) On being informed of the cessation, the employer, with the consent of the employee, shall notify the workplace committee.

(3) The employee shall provide to the employer as soon as possible a certificate of a medical practitioner of her choice who is entitled to practice medicine in the Province certifying that continuing any of her current job functions poses a risk to her or to her foetus or child and indicating the expected duration of the risk and the activities or conditions to avoid in order to eliminate the risk.

(4) Without prejudice to any other right conferred by this Part, by a collective agreement, by another agreement or by any terms and conditions of employment, once the medical practitioner has established whether there is a risk as described in subsection (1), the employee may no longer cease to perform her job.

(5) For the period during which the employee does not perform her job under subsection (1), the employer may, in consultation with the employee, reassign her to another job that would not pose a risk to her or to her foetus or child.

(6) Whether or not the employee has been reassigned to another job, she is deemed to continue to hold the job that she held at the time she ceased to perform her job functions and shall continue to receive the wages and benefits that are attached to that job for the period during which she does not perform the job.

Maternity-related Reassignment and Leave

202AK (1) An employee who is pregnant or nursing may, during the period from the beginning of the pregnancy to the end of the twenty-fourth week following the birth, request the employer to modify her job functions or reassign her to another job if, by reason of the pregnancy or nursing, continuing any of her current job functions may pose a risk to her or to her foetus or child.

(2) An employee's request under subsection (1) must be accompanied by the certificate referred to in subsection (3) of Section 202AJ.

202AL (1) An employer to whom a request has been made under subsection (1) of Section 202AK shall examine the request in consultation with the employee and, where reasonably practicable, shall modify the employee's job functions or reassign her.

(2) An employee who has made a request under subsection (1) of Section 202AK is entitled to continue in her current job while the employer examines her request, but, if the risk posed by continuing any of her job functions so requires, she is entitled to and shall be granted a leave of absence with the same wages and benefits that she would have received if she had not been absent until the employer

(a) modifies her job functions or reassigns her; or

(b) informs her in writing that it is not reasonably practicable to modify her job functions or reassign her.

(3) The onus is on the employer to show that a modification of job functions or a reassignment that would avoid the activities or conditions indicated in the medical certificate is not reasonably practicable.

(4) If the employer concludes that a modification of job functions or a reassignment that would avoid the activities or conditions indicated in the medical certificate is not reasonably practicable, the employer shall so inform the employee in writing.

(5) An employee whose job functions are modified or who is reassigned is deemed to continue to hold the job that she held at the time of making the request under subsection (1) of Section 202AK, and shall continue to receive the wages and benefits that are attached to that job.

(6) An employee referred to in subsection (4) is entitled to and shall be granted a leave of absence for the duration of the risk as indicated in the medical certificate.

Canadian Human Rights Act

202AM For greater certainty, nothing in Sections 202AE to 202AM shall be construed as limiting or restricting any right, obligation or liability of any person under the Canadian Human Rights Act.

Prohibition of Reprisals and Process for Dealing With Complaints

202AN (1) In this Section and in Sections 202AO, 202AS and 202AT, "reprisal action" means an action that

(a) adversely affects an employee with respect to their terms or conditions of employment or any opportunity for employment or promotion, including dismissal, layoff, suspension, demotion, transfer of job or location, discontinuation or elimination of the job, change in hours of work, reduction in wages or benefits, coercion, intimidation, the imposition of any discipline, reprimand or any other penalty; and

(b) is taken, in whole or in part, because the employee has acted in accordance with Part III, this Part or the regulations made under Part III or this Part concerning health and safety or with an order or has sought the enforcement of any of the provisions of Part III, this Part or the regulations made under Part III or this Part.

(2) No person or organization shall take or threaten to take reprisal action against an employee.

(3) Without limiting the generality of subsection (2), actions referred to in clause (a) of subsection (1) cannot be taken against an employee for

(a) seeking to establish or participating in the establishment or work of a committee, or acting as a member of a committee;

(b) refusing to do work under Section 202AE or ceasing to perform a job under Section 202AJ;

(c) requesting the employer under Section 202AK to modify the employee's job functions or to reassign the employee;

(d) seeking access to information to which the employee is entitled under this Part or the regulations made under this Part;

(e) acting as an observer under Section 202AZ;

(f) testifying in any proceeding or inquiry under Part III, this Part or the regulations made under Part III or this Part regarding health and safety; and

(g) giving information to a committee, a safety officer or any other person concerned with the administration or enforcement of the provisions of this Act concerning health or safety.

(4) An employer may, after all avenues of redress have been exhausted by the employee who has exercised rights under Section 202AE, take reprisal action against the employee if the employer can demonstrate that the employee has wilfully abused those rights.

(5) The employer shall provide the employee with written reasons for any reprisal action within fifteen working days after receiving a request from the employee to do so.

202AO (1) An employee may, either personally or through a representative, make a complaint in writing to a safety officer that

(a) an employer has failed to pay wages or to grant benefits required under any of Sections 202AE to 202AL, subsection (6) of Section 202AU, subsection (5) of Section 202AZ and subsection (5) of Section 202BD or under the regulations made under this Part; or

(b) a person or organization has taken or threatened to take reprisal action contrary to subsection (2) of Section 202AN.

(2) A complaint must be made within ninety days after the date on which the grounds for the complaint became known or ought to have become known to the employee.

(3) On an inquiry into a complaint under clause (b) of subsection (1), the burden of proving that there has been no contravention is on the person or organization against whom the complaint is made.

(4) An employee who is entitled to file a grievance under a collective agreement that provides for final and binding arbitration of grievances of the kind referred to in subsection (1) and who exercises that right may not make a complaint in respect of the subject-matter of the grievance under that subsection unless it is determined that the arbitrator does not have jurisdiction to hear the grievance and, in that case, the employee may, within ninety days after a final determination that the arbitrator does not have jurisdiction, make a complaint under that subsection.

202AP (1) If a complaint is made under subsection (1) of Section 202AO, a safety officer shall investigate the complaint and decide if it is justified.

(2) A safety officer may carry out an investigation 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 subsection (1) of Section 202AO exist.

202AQ If, after completing an investigation, a safety officer decides that a complaint is not justified or that no grounds for a complaint exist, that officer shall immediately give notice of the decision to the complainant, if any, the operator and the person or organization that is the subject of the complaint.

202AR If a safety officer decides that an employer has failed to pay wages or to grant benefits under any of the provisions referred to in clause (a) of subsection (1) of Section 202AO, the safety officer may order the employer, on any terms and conditions the officer considers appropriate, to

(a) pay the wages or grant the benefits required by those provisions; and

(b) take other measures to ensure compliance with this Part and the regulations made under this Part.

202AS If a safety officer decides that a person or organization has taken or threatened to take reprisal action contrary to subsection (2) of Section 202AN, the safety officer may, on any terms and conditions that the officer considers appropriate, order

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

(b) the payment or the granting by the person or organization against whom the compliant is made of any wages or benefits that an employee would have been entitled to but for the reprisal action;

(c) payment by a person or organization of an amount equivalent to the lost wages or benefits that the employee is likely to have earned but for the reprisal action;

(d) the removal of any reprimand or other references to the matter from the records of any person or organization;

(e) the reinstatement of an employee to a union; and

(f) the taking of any other measure to ensure compliance with this Part and the regulations made under this Part.

202AT An order made under Section 202AR or 202AS must specify the provisions referred to in clause (a) of subsection (1) of Section 202AO that have not been complied with or the nature of any reprisal action taken or threatened contrary to subsection (2) of Section 202AN, as the case may be.

Committees

202AU (1) An operator shall establish one occupational health and safety committee for each workplace under the control of the operator.

(2) Notwithstanding subsection (1), the Chief Safety Officer may authorize an operator to establish one workplace committee for more than one workplace if the Chief Safety Officer is satisfied that circumstances warrant it.

(3) The workplace committee shall consist of any number of persons that may be agreed to by the operator and the employees employed at the workplace, or unions representing them.

(4) Not more than half of the members of the workplace committee shall be selected by the operator and the other members shall be selected by the employees, or unions representing them, from among employees employed at the workplace who do not exercise managerial functions.

(5) The workplace committee shall meet at least once every month, or more frequently if required by the Chief Safety Officer.

(6) An employee who is a member of a workplace committee is entitled to any time off from work that is necessary to attend meetings of the committee, to take training and to carry out the employee's functions as a member of the committee and that time off is considered to be work time for which the employee shall be paid the same wages, and granted the same benefits, that they would have received if they had worked for that time.

(7) A workplace committee may establish its own rules of procedure.

(8) The committee shall be co-chaired by two of its members, one chosen by the employee members or unions representing the employees and the other selected by members appointed by the operator.

(9) If there is disagreement on the size of the workplace committee, the selection of members or on any other matter that prevents or impairs the proper functioning of the committee, the Chief Safety Officer shall determine the matter and inform the persons concerned in writing of the determination and a determination by the Chief Safety Officer is final and not subject to review or appeal.

(10) The function of a workplace committee is to ensure the involvement of operators, employers and employees in matters of occupational health and safety, including

(a) identifying those things and circumstances in the workplace that could threaten the health or safety of employees and advising on effective procedures to deal with those things and circumstances;

(b) auditing compliance with occupational health and safety requirements;

(c) receiving, investigating and promptly addressing matters and complaints with respect to occupational health and safety;

(d) participating in inspections concerning the health and safety of the employees and, at the discretion of the safety officer, participating in the safety officer's investigations into accidents, incidents, occupational diseases and other hazardous occurrences;

(e) advising on the provision of personal protective equipment, clothing, devices and materials that are suited to the needs of the employees;

(f) advising the operator and the employer on the occupational health and safety policies, systems, programs and procedures required under this Part and the regulations made under this Part, and making recommendations to the operator, employer, employees or any person for the improvement of occupational health and safety;

(g) maintaining records in a form and manner approved by the Chief Safety Officer and providing a safety officer with a copy of those records on request;

(h) maintaining minutes of committee meetings in a form and manner approved by the Chief Safety Officer and providing, upon request, a safety officer with a copy of those minutes; and

(i) performing any other functions that are assigned to it by the Chief Safety Officer or that are assigned to it under this Part or under an agreement between an operator, employer and employees or their union.

202AV (1) The Chief Safety Officer may, after consultation with the operator, employer and employees or their union, order the operator or employer to establish special committees for particular purposes relating to occupational health and safety.

(2) An order shall set out the mandate, duties, functions and frequency of meetings of the special committee.

(3) If an order is made, the operator or employer, as the case may be, shall establish the special committee within fifteen days after receiving the order.

(4) Subsections (3) to (9) of Section 202AU and clause (g) of subsection (10) of Section 202AU apply, mutatis mutandis, in respect of a special committee established under this Section.

202AW A person who serves as a member of a committee is not personally liable for anything done or omitted to be done by the person in good faith under the authority or purported authority of this Part.

Advisory Council

202AX (1) There is hereby established an advisory council comprised of

(a) an equal number of representatives of employees and of representatives of industry;

(b) representatives of the Province and the government of Canada; and

(c) the Chief Safety Officer ex officio or their representative.

(2) Half of the employee representatives and half of the industry representatives shall be appointed by the Minister after appropriate consultation, and the other halves shall be appointed by the Minister's federal counterparts.

(3) Prior to making any appointment, the Ministers making the appointments shall consult with non-management employees or labour organizations representing them on the appointment of an employee representative and with industry associations on the appointment of an industry representative.

(4) The Provincial Government representatives shall be appointed by the Minister, after consultation with the Minister of Energy, and the Federal Government representatives shall be appointed jointly by their federal counterparts.

(5) The function of the advisory council is to advise the Board and the Ministers referred to in subsection (2) on

(a) the administration of this Part and the regulations made under this Part; and

(b) any other matter respecting health and safety that is referred to it by the Board or any of those Ministers.

(6) Subject to the regulations and at the discretion of the Ministers referred to in subsection (2), the members of the advisory council may be paid the remuneration that may be fixed by those Ministers and any reasonable travel and living expenses that are incurred by them while performing their functions away from their ordinary place of residence.

(7) The remuneration and expenses referred to in subsection (6) shall be paid by the Board.

(8) Members shall be appointed for a term of not more than five years and may be re-appointed.

(9) The advisory council shall have two chairpersons selected from among its members, one of the chairpersons shall be selected by the employee representatives and the other shall be selected by the industry representatives.

Research, Studies and Programs

202AY (1) For the purpose of this Part, the Board may

(a) undertake research into the causes of, and means of preventing, employment injury and occupational 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 concerning occupational health and safety obtained from the research or studies or otherwise;

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

(f) undertake programs for medical monitoring and examination with respect to occupational health and safety, require any employer to do so or appoint any medical practitioner qualified in occupational medicine to do so.

(2) The Board may undertake the activities referred to in clauses (a), (e) and (f) in conjunction with any department or agency of the Government of the Province, the Government of Canada or a foreign government, or with any other organization that carries out similar activities.

(3) For the purpose of clause (f) of subsection (1), programs for medical monitoring and examination with respect to occupational health and safety shall not be construed as requiring that any person submit to any procedure involving surgery, perforation of the skin or any external tissue or the entry into the body of any drug or foreign substance.

Workplace Monitoring

202AZ (1) Every employer shall permit an employee who is chosen by the workplace committee as an observer to observe

(a) the set-up of, or any change to, systems for monitoring conditions at the workplace that affect health and safety, including systems for taking samples and measurements; and

(b) the subsequent monitoring, including the taking of samples and measurements.

(2) Clause (b) of subsection (1) does not apply in respect of monitoring that is carried out continuously or on a regular and frequent basis or in an emergency situation.

(3) Where an operator or employer carries out health and safety monitoring at the workplace,

(a) the employer shall give reasonable notice to the operator to enable the operator to comply with clause (b) if the monitoring is carried out by the employer;

(b) the operator shall give reasonable notice to all employers of the commencement of monitoring;

(c) the operator or employer, as the case may be, shall give reasonable notice to the observer of the commencement of monitoring and shall provide access to the workplace by the observer for the purpose of observing the monitoring; and

(d) the operator or employer, as the case may be, shall explain the process for monitoring to the observer on request by the observer.

(4) Monitoring by, or at the request of, a safety officer may be carried out even if the notices referred to in clauses (a) to (c) of subsection (3) have not been given.

(5) An employee acting as an observer, shall be paid the same wages, and granted the same benefits, that the employee would have received if the employee had worked for that time.

Administration and Enforcement

202BA (1) The safety officers necessary for the administration and enforcement of this Act or any regulations made under this Act shall be designated in accordance with the regulations.

(2) A person designated as a safety officer under subsection (1) shall be an employee of the Board, a department or agency of the Government of the Province, the Government of Canada or a foreign government.

(3) No person who is employed by the Board, in a department or agency of the Government of the Province, the Government of Canada or a foreign government, may be designated without the agreement of the Board, the department or agency or foreign government.

(4) A person designated under subsection (1), who is not an employee of the Board, is deemed to be an officer for the purpose of Section 17.

(5) Upon designation, every safety officer shall be provided with a certificate of appointment and, on entering any place pursuant to the authority of this Act, the officer shall, if so required, produce the certificate of designation to the person in charge of the place.

202BB (1) For the purpose of ensuring enforcement and compliance with Part III, this Part and the regulations made under Part III or this Part and, subject to Section 202CC, a safety officer may, at any reasonable time, enter any place, including lands, buildings, installations, vessels, vehicles and aircraft used for any work or activity in respect of which this Act applies or may enter any other place where the officer reasonably believes that there are documents, materials or things that are relevant to the application of Part III, this Part or the regulations made under Part III or this Part, and may

(a) carry out examinations, tests, inquiries, investigations and inspections or direct the person in charge of the place to carry them out;

(b) take and dispose of samples and carry out, or have carried out, any reasonable examinations or tests;

(c) be accompanied or assisted by any person that the officer considers necessary to carry out the officer's duties and functions;

(d) take photographs, make recordings and drawings and use systems for capturing images;

(e) take or remove any thing for examining or testing if there is no reasonable alternative to doing so;

(f) direct the operator or employer to ensure that any place or thing specified by the officer not be disturbed for a specified period;

(g) direct any person not to disturb any place or thing specified by the officer for a specified period;

(h) direct any person to produce any thing, information or documents and permit the officer to examine and make copies of or take extracts from the information or documents;

(i) direct any person to make or provide statements, in the form and manner that the officer may specify, relating to health and safety;

(j) direct any person to accompany the officer while the officer is in the place; or

(k) meet with any person in private.

(2) A safety officer may administer all oaths and take and receive all affidavits and statutory declarations required with respect to the powers of the safety officer set out in subsection (1) and certify to the administration, taking or receiving of those things.

(3) A safety officer may issue a direction under subsection (1) whether or not the officer is in the workplace at the time the direction is issued.

(4) In exercising a power of entry under this Section, a safety officer may

(a) use or cause to be used any data processing system at the place to examine any data contained in or available to the system;

(b) reproduce any record or cause it to be reproduced from the data in the form of a print-out or other intelligible output and take away the print-out or other output for examination or copying; or

(c) use or cause to be used any copying equipment at the place to make copies of any record or other document.

(5) A safety officer who has, under clause (e) of subsection (1), taken or removed any thing for testing shall, if requested by the person from whom it was taken or removed, return it to the person after testing is completed unless it is required for the purpose of a prosecution under Part III, this Part or the regulations made under Part III or this Part.

202BC (1) A safety officer may not enter any living quarters without the consent of an occupant of the living quarters except

(a) for the purpose of ensuring that the place is in compliance with Part III, this Part or the regulations made under Part III or this Part; or

(b) under the authority of a warrant issued under subsection (2).

(2) A justice may issue a warrant authorizing the safety officer named in the warrant to enter the living quarters subject to any conditions that may be specified in the warrant if, on an ex parte application, the justice is satisfied by information on oath that

(a) the conditions for entry described in Section 202BB exist in relation to the living quarters;

(b) entry to the living quarters is necessary for any purpose relating to the administration or enforcement of Part III, this Part or the regulations made under Part III or this Part; and

(c) entry to the living quarters has been refused or there are reasonable grounds to believe that entry will be refused.

(3) A safety officer who executes a warrant issued under subsection (2) shall not use force unless the use of force has been specifically authorized in the warrant and the safety officer is accompanied by a peace officer.

(4) A peace officer shall provide any assistance that a safety officer may request for the purpose of the administration or enforcement of Part III, this Part or the regulations made under Part III or this Part.

202BD (1) A person representing the employer and a member of a committee representing employees shall be given an opportunity to accompany a safety officer who is in the workplace for the purpose of inspecting the conditions of that workplace.

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

(3) A safety officer may carry out an inspection without being accompanied by an employer or an employee representative if either or both of them are not available and the officer considers that it is necessary to proceed with the inspection.

(4) If the safety officer is not accompanied by an employee representative, the safety officer shall endeavour to consult with a number of employees during the inspection.

(5) A person accompanying or consulting with a safety officer under this Section during an inspection shall be paid the same wages and granted the same benefits that they would have received if they had worked for that time.

202BE (1) The owner, the operator and every person at a place entered by a safety officer under powers conferred by Section 202BB shall give the safety officer all reasonable assistance to enable them to carry out their duties and functions under this Act.

(2) The operator shall provide, free of charge, suitable transportation to and from a workplace and suitable accommodation and food at the workplace to safety officers and persons accompanying them to enable them to carry out their duties and functions under this Act.

202BF In the case of an accident at a workplace that results in serious injury or death, no person shall, unless authorized to do so by a safety officer, disturb the scene of the accident except to the extent necessary to

(a) attend to any persons injured or killed;

(b) prevent further injuries; or

(c) prevent damage to or loss of property.

202BG No person shall obstruct or hinder, or make a false or misleading statement either orally or in writing to, a safety officer who is engaged in carrying out their duties and functions under this Act.

202BH No person shall prevent an employee from providing information to a safety officer engaged in carrying out their duties and functions under this Part or Part III or any regulations made under this Part or Part III.

202BI (1) Subject to subsection (2), no safety officer who enters a place under the powers conferred by Section 202BB, and no person accompanying such an officer, shall disclose to any person any information obtained in that place by that officer or person with regard to any secret process or trade secret, except for the administration of this Act or the regulations concerning health or safety or as required by law.

(2) All information that, under the Hazardous Materials Information Review Act (Canada), a person is exempt from disclosing under paragraph 210.12(d) or (e) or under paragraph 13(a) or (b) or 14(a) or (b) of the Hazardous Products Act (Canada) and that is obtained by a safety officer who enters a place under Section 202BB, or by a person accompanying such an officer, is privileged and, notwithstanding the Access to Information Act (Canada) or any other Act or law, shall not be disclosed to any other person except for the purpose of this Act or the regulations concerning health and safety.

(3) Notwithstanding subsection (2), Section 121 and any other enactment,

(a) the Chief Safety Officer may disclose information with respect to occupational health and safety to officials of the Provincial government, the federal government or a foreign government, or an agency of such government, if the Chief Safety Officer is of the opinion that disclosure is in the interest of occupational health and safety; and

(b) officials of the Provincial government and its agencies may disclose information with respect to health and safety to the Chief Safety Officer if they are of the opinion that disclosure is in the interest of health and safety.

202BJ No person shall, except for the administration of this Part or Part III or any regulations made under this Part or Part III, publish or disclose the results of an examination, a testing, an inquiry, an investigation, an inspection or a sampling made or taken by or at the request of a safety officer.

202BK No person to whom information obtained under this Part or Part III or any regulations made under this Part or Part III, is communicated in confidence shall divulge the identity of the informant to any person except for the administration of this Part, Part III or the regulations made under this Part or Part III, and no such person is competent or compellable to divulge the identity of the informant 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.

202BL Notwithstanding Sections 202X to 202AD, no person shall disclose medical information relating to an employee that is obtained under this Part, Part III or the regulations made under this Part or Part III without the consent in writing of the employee, unless the information is in a form that would not identify the employee.

202BM No safety officer, or person who has accompanied or assisted the officer in carrying out the officer's duties and functions under this Act, may be required to give testimony in civil or administrative proceedings, other than proceedings under this Part or the regulations made under this Part, with regard to information obtained in carrying out those duties and functions or in accompanying or assisting the officer, except with the written permission of the Board.

202BN A safety officer shall provide to the operator and the employer copies of reports on occupational health and safety examinations, tests, inspections and monitoring carried out by or at the request of the safety officer.

202BO No action or other proceedings for damages shall be commenced against a safety officer or anyone acting under their authority for an act done or omission in good faith in the performance of their duties and functions under this Act.

Order-making Powers

202BP A safety officer who is of the opinion that a provision of Part III, this Part or the regulations made under Part III or this Part is being contravened or has recently been contravened by any person may order the person to

(a) terminate the contravention within the time that the officer specifies; and

(b) take steps specified by the officer, within the period specified by the officer, to ensure that the contravention does not continue or re-occur.

202BQ (1) If a safety officer believes on reasonable and probable grounds that the use or operation of any thing, a condition in a workplace or the performance of an activity constitutes a danger to a person at or near the workplace,

(a) the officer shall order any person immediately, or within the period that the officer specifies, to take measures to

(i) correct the hazard or condition or alter the activity that constitutes the danger, or

(ii) protect any person from the danger; and

(b) the officer may, if the officer considers that the hazard, condition or activity that constitutes the danger cannot otherwise be corrected, altered or protected against immediately, issue an order to any person ordering that the place, thing or activity in respect of which the order is issued not be used, operated or performed, as the case may be, until the officer's order is complied with, but nothing in this clause prevents the doing of anything necessary for proper compliance with the order.

(2) If a safety officer issues an order under clause (b) of subsection (1), the officer shall post or affix or cause to be posted or affixed to or near the place, thing in respect of which the order is issued or in the area in which the activity in respect of which the order is issued is performed, a notice in the form, and containing the information, that the officer specifies, and no person shall remove the notice unless authorized to do so by a safety officer.

(3) If a safety officer issues an order under clause (b) of subsection (1) in respect of a place, thing or activity, the person named in the order shall cause the use or operation of the place or thing or the performance of the activity to be discontinued, and no person shall use or operate the place or thing or perform the activity until the measures ordered by the safety officer under clause (a) of subsection (1) have been taken.

(4) If a complaint has been made by an employee that results in a safety officer issuing an order under subsection (1) or subsection (1) of Section 202BP or deciding not to issue an order, the officer shall, as soon as possible, give a copy of the order or decision to the employee who made the complaint.

(5) Unless the safety officer decides that compliance with the order has been achieved before the officer leaves the workplace, the person to whom an order is issued shall, within the period specified in the order, submit to the officer a notice of compliance describing the extent to which the person has complied with the order.

(6) A notice of compliance shall not be used as evidence in a proceeding that compliance has been achieved.

202BR (1) A safety officer may issue an order even if the officer is not physically present in the place to which the order refers.

(2) A safety officer who has issued an order orally shall, as soon as possible, give written confirmation of the order to the person to whom the order is directed, in person or by mail, facsimile or other electronic means.

(3) The safety officer shall give a copy of an order made by the officer to the operator.

202BS An order made by a safety officer prevails over an order made by a conservation officer or the Chief Conservation Officer to the extent of any inconsistency between the orders.

Review and Appeals

202BT (1) Subject to subsections (2) and (3), any person who is, or any union representing employees who are, directly affected by a decision of a safety officer under Section 202AE or by an order of a safety officer made under this Part or the regulations made under this Part, in this Section referred to as the "applicant", may apply for a review by the Chief Safety Officer of the decision or order.

(2) A decision under Section 202AP or an order under Section 202AR or Section 202AS is not reviewable.

(3) The Chief Safety Officer may not review any of the Chief Safety Officer's decisions or orders.

(4) An application for a review must be made in writing to the Chief Safety Officer within forty-five days after the date of the decision or order that is the subject of the review.

(5) Unless otherwise ordered by the Chief Safety Officer, an application for review of a decision or an order does not operate as a stay of the decision or order.

(6) On receiving an application for a review, the Chief Safety Officer shall, in a summary way and without delay, inquire into the circumstances of the decision or order and the reasons for it and may make a decision to confirm, vary or revoke the decision or order.

(7) The Chief Safety Officer shall provide their decision, in writing, with reasons, to the applicant, the operator and any employer or employee concerned and the operator shall provide a copy of the decision to the workplace committee.

(8) A decision of the Chief Safety Officer made under this Section that is not appealed is final and binding.

202BU For the purpose of a review under Section 202BT, the Chief Safety Officer may

(a) summon and enforce the attendance of witnesses and compel them to give oral or written evidence under oath and to produce any documents and things that the Chief Safety Officer considers necessary to decide the matter;

(b) administer oaths and solemn affirmations;

(c) receive and accept any evidence and information on oath, affidavit or otherwise that the Chief Safety Officer sees fit, whether or not admissible in a court of law;

(d) examine any records and make any inquiries that the Chief Safety Officer considers necessary;

(e) adjourn or postpone proceedings;

(f) abridge or extend the time for instituting proceedings or for doing any act, filing any document or presenting any evidence;

(g) make a party to the proceedings, at any stage of the proceedings, any person who, or any group that, in the Chief Safety Officer's opinion has substantially the same interest as one of the parties and could be affected by the decision;

(h) determine the procedure to be followed; and

(i) order the use of any means of telecommunication that permits the parties and the Chief Safety Officer to communicate with each other simultaneously.

202BV (1) Any person who is, or any union representing employees who are, directly affected by a decision or order referred to in subsection (2) or (3) of Section 202BT or a decision made under subsection (6) of Section 202BT, in this Section referred to as the "appellant", may appeal the decision or order to an appeal panel, as defined in the Occupational Health and Safety Act, in this Section and in Section 202BX referred to as the "Occupational Health and Safety Act".

(2) In designating an appeal panel, the Minister responsible for the Occupational Health and Safety Act shall, except in the case of an appeal of a decision under Section 202AQ or an order made under Section 202AR or 202AS, consult with the Minister of Labour for the Government of Canada, and one of the members of the appeal panel shall be a member chosen by the federal Minister of Labour from persons designated as appeals officers under subsection (1) of Section 145.1 of the Canada Labour Code.

(3) The member chosen by the federal Minister of Labour shall be the chairperson of the appeal panel.

(4) The costs incurred by appeal panels, including the remuneration of members of an appeal panel, shall be paid by the Board.

(5) An appeal shall be made by filing a notice of appeal in accordance the Occupational Health and Safety Act within forty-five days after the date of the decision or order that is the subject of the appeal.

(6) Subject to subsection (7) or unless otherwise ordered by the appeal panel, an appeal of a decision or order does not operate as a stay of the decision or order.

(7) Any order under any of Sections 202AR to 202AS is stayed until disposition of the appeal.

(8) The Chief Safety Officer may, in the public interest, participate in an appeal.

(9) An appeal shall be by way of a re-hearing and shall be conducted in accordance with the Occupational Health and Safety Act and regulations made under that Act and the rules of procedure applicable to hearings of an appeal panel under that Act apply to hearings under this Section.

(10) The appeal panel and each member of it has the powers, privileges and immunities granted by the Occupational Health and Safety Act.

(11) An appeal panel may make a decision to confirm, vary or revoke the decision or order appealed from or make any order that a safety officer may make under this Part or a regulation made under this Part.

(12) A decision of an appeal panel is final and binding and not subject to appeal or review in any court.

202BW Time spent by an employee attending proceedings under Section 202BT or 202BV as a party or as a witness is considered to be work time for which the employee shall be paid the same wages, and granted the same benefits, that they would have received if they had worked for that time.

Enforcement of Monetary Orders and Decisions

202BX (1) An order of a safety officer under Sections 202AR or 202AS that has not been appealed or a decision of an appeal panel requiring payment of wages or benefit entitlements to an employee may, for the purpose of its enforcement, be made an order of the Supreme Court of Nova Scotia and shall be enforced in the same manner as any order of that Court.

(2) To make an order or a decision an order of the Supreme Court of Nova Scotia, the practice and procedure established by or pursuant to the Occupational Health and Safety Act for making any order an order of that Court may be followed.

(3) After an order or decision has been made an order of the Supreme Court of Nova Scotia, any subsequent order or decision rescinding or replacing the first order or decision has the effect of cancelling the order of the Court and may be made an order of the Court in the same manner.

202BY (1) The Chief Safety Officer may request the Director of Labour Standards designated under the Labour Standards Code to enforce an order or decision referred to in Section 202BX.

(2) For the purpose of enforcement under subsection (1), an order or decision shall be made an order of the Labour Standards Tribunal established under the Labour Standards Code and may be enforced in the same manner as an order of that Tribunal.

(3) Section 72 of the Occupational Health and Safety Act applies mutatis mutandis to the enforcement of an order or decision including the substitution of the Chief Safety Officer for the Director in subsections (3), (5) and (6) of Section 72 of that Act.

Delivery of Documents

202BZ Except as otherwise provided in this Act, notices, orders or other documents required or authorized to be delivered under Part III, this Part or the regulations made under Part III or this Part concerning health or safety may be delivered to the last known address of the addressee by certified or registered mail or any other method that provides proof of delivery.

Offences and Penalties

202CA (1) Every person is guilty of an offence who

(a) contravenes this Part or the regulations made under this Part;

(b) makes any false entry or statement in any report, record or other document required by this Part or the regulations made under this Part or by any order made under this Part or the regulations made under this Part;

(c) destroys, mutilates or falsifies any report, record or other document required by this Part or the regulations made under this Part or by any order made pursuant to this Part or the regulations made under this Part;

(d) fails to comply with a direction or order of a safety officer; or

(e) fails to comply with a decision of an appeal panel under Section 202BV.

(2) Every person who is guilty of an offence under subsection (1) is liable

(a) on conviction on indictment, to a fine not exceeding one million dollars or to imprisonment for a term not exceeding five years, or to both; or

(b) on summary conviction, to a fine not exceeding one hundred thousand dollars or to imprisonment for a term not exceeding one year, or to both.

(3) Sections 193 to 199 apply mutatis mutandis to proceedings in respect of offences referred to in subsection (1).

Regulations

202CB (1) On the recommendation of the Minister and after consultation with the Minister of Energy, the Governor in Council may make regulations

(a) respecting the keeping of records and the communication of information;

(b) regulating the sending or issuance of notices and documents in electronic or other form, including

(i) the types of notices and documents that may be sent or issued in electronic or other form,

(ii) the persons or classes of persons by whom they may be sent or issued,

(iii) their signature in electronic or other form or their execution, adoption or authorization in a manner that, pursuant to the regulations, is to have the same effect for the purpose of this Part as their signature, and

(iv) the time and date when they are deemed to be received;

(c) respecting the establishment and application of standards and codes of practice relating to occupational health and safety;

(d) respecting marine installations or structures and vehicles and mobile equipment located on them;

(e) respecting guards, guard-rails, barricades, fences and other equipment of a similar nature;

(f) respecting the use, operation and maintenance of the following, namely,

(i) boilers and pressure vessels,

(ii) escalators, elevators and other devices of a similar nature,

(iii) all equipment for the generation, distribution or use of electricity,

(iv) gas-burning or oil-burning equipment or other heat-generating equipment, and

(v) heating, ventilation and air-conditioning systems;

(g) respecting ventilation, lighting, temperature, humidity, sound and vibration;

(h) respecting fire safety and emergency measures;

(i) respecting equipment, machines, devices, materials and other things to be used by employees in their work;

(j) prescribing ergonomic standards for the workplace;

(k) respecting the prevention, investigation, recording and reporting of incidents, accidents, occupational diseases and other hazardous occurrences;

(l) respecting the provision of first-aid and health services;

(m) respecting the provision of sanitary and personal facilities, potable water and sustenance;

(n) respecting the provision and use of personal protective equipment, clothing, devices and materials;

(o) prescribing standards and procedures for safe entry to, exit from and occupancy of marine installations or structures;

(p) respecting instruction, training and supervision relating to occupational health and safety;

(q) respecting occupational health and safety policies, programs and management systems;

(r) respecting the prevention of, and protection against, violence in the workplace;

(s) respecting the operation of the advisory council established by Section 202AX and the remuneration and expenses payable to its members;

(t) respecting the manner in which committees may exercise their powers and perform their duties and functions;

(u) respecting the submission to specified persons of reports of the activities of committees, including the manner and time for submitting the reports;

(v) respecting work in confined spaces;

(w) prescribing anything that by this Part is to be prescribed;

(x) respecting the circumstances under which an employee receiving training that is required by the employer is entitled to be paid the same wages and granted the same benefits that the employee would have received if the employee had been working;

(y) respecting audits in relation to the administration of this Part;

(z) respecting policy directives to the Board or to safety officers in relation to this Part;

(aa) respecting the transfer of information between the Minister, the Board, safety officers and the Chief Safety Officer for the purpose of this Part, notwithstanding Section 121;

(ab) respecting memoranda of understanding between the Minister, the Minister's federal counterpart and the Board for the purpose of this Part;

(ac) respecting the designation of safety officers and the application of that status to the Chief Safety Officer;

(ad) respecting authorizations or exemptions under Section 147;

(ae) defining any word or expression used but not defined in this Part;

(af) deemed necessary or advisable to carry out effectively the intent and purpose of this Part.

(2) The regulations may incorporate any material by reference, regardless of its source and either as it exists on a particular date or as amended from time to time.

(3) Regulations made under this Section may be made applicable to all employment to which this Part applies, to one or more classes of such employment or to such employment or classes in one or more workplaces.

(4) Before a regulation is made pursuant to subsection (1), the Minister shall consult the federal Minister of Labour concerning the proposed regulation and no regulation shall be made pursuant to subsection (1) without the approval of the federal Minister of Labour.

(5) The exercise by the Governor in Council of the authority contained in subsection (1) is regulations within the meaning of the Regulations Act.

(2) The application of the Oil and Gas Occupational Safety and Health Regulations under subsection (1) is subject to Section 147 of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation (Nova Scotia) Act.

(3) For the purpose of this Section, the expressions "marine installation or structure", "offshore area" and "petroleum" have the same meanings as in Section 2 and subsection 149(1), respectively, of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation (Nova Scotia) Act, in the case of that Act.

19 Clause 4A(2)(a) of Chapter 5 of the Acts of 1993, the Freedom of Information and Protection of Privacy Act, is repealed and the following clause substituted:

(a) Section 19, subsection 121(2) and subsection 202BI(1) of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation (Nova Scotia) Act;