Bill C-5

Advisory Council

210.12 (1) An advisory council is established, composed of

(a) four representatives of employees and four representatives of industry;

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

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

(2) Two of the employee representatives and two of the industry representatives shall be appointed jointly by the Federal Minister and the Minister of Labour and the other four shall be appointed jointly by the provincial counterparts of those Ministers.

(3) Before making any appointment referred to in subsection (2), the Federal Minister and the Minister of Labour, or their provincial counterparts, as the case may be, shall consult with non-management employees, or the unions representing them, on the appointment of an employee representative and with industry associations on the appointment of an industry representative.

(4) The federal government representatives shall be appointed jointly by the Federal Minister and the Minister of Labour and the provincial government representatives shall be appointed jointly by the provincial counterparts of those Ministers.

(5) The mandate of the advisory council is to advise the Board, the Federal Minister, the Minister of Labour and the provincial counterparts of those Ministers on

(a) the administration and enforcement of this Part; and

(b) any other matter related to occupational health and safety that is referred to it by any of them.

(6) At the discretion of the Federal Minister, the Minister of Labour and their provincial counterparts, the members of the advisory council may be paid

(a) the remuneration that may be jointly fixed by those Ministers and their provincial counterparts; and

(b) any reasonable travel and living expenses that are incurred by the members while carrying out their duties or functions away from their ordinary place of residence.

The Board shall pay that remuneration and those expenses.

(7) Members are to be appointed for a term of not more than five years and may be reappointed.

(8) The advisory council is to 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.

Audits and Inquiries

210.121 (1) The Federal Minister or the Provincial Minister, or both, may appoint any individual as auditor to measure and report on the effectiveness of the Board in carrying out its duties and functions under this Part. A report of the audit shall be made, as soon as practicable, to each of those Ministers and the Board.

(2) The auditor is entitled to free access at all convenient times to information that relates to the fulfilment of their responsibilities and is also entitled to require and receive from the Board and from any persons or committees having duties or functions under this Part any information — including reports — and explanations that they consider necessary for that purpose.

(3) The auditor may examine any individual on oath on any matter pertaining to the effectiveness of the Board in carrying out its duties and functions under this Part and, for the purposes of an examination, may exercise all the powers of a commissioner under Part I of the Inquiries Act.

(4) Information — including reports — and explanations disclosed to the auditor under subsection (2) shall not be further disclosed by the auditor without the consent in writing of the person to whom it relates.

(5) The Board shall consider the report of the audit and, within 60 days after the day on which the Board receives the report, it shall send to the auditor its written response to the report, and send a copy of that response to the Federal Minister and the Provincial Minister.

(6) If the Federal Minister and the Provincial Minister jointly appoint the auditor, they may also jointly agree, with the consent in writing of the Minister of Mines and Energy of the Province, to require the cost of the audit to be borne by the Board. If only one of those Ministers appoints the auditor, that Minister shall pay the cost of the audit.

210.122 (1) The Federal Minister, the Provincial Minister, the Federal Minister jointly with the Provincial Minister or the Board may appoint one or more individuals to inquire into and report on occupational health and safety matters that are related to employment to which this Part applies.

(2) An individual who is appointed by the Federal Minister, by the Federal Minister jointly with the Provincial Minister or by the Board has all the powers of a person appointed as a commissioner under Part I of the Inquiries Act, and the powers that may be conferred on a commissioner under section 11 of that Act.

(3) Every witness who attends and gives evidence at an inquiry under this section is entitled to be paid reasonable travel and living expenses incurred by the witness in doing so and the witness fees prescribed in the tariff of fees in use in the Supreme Court of Nova Scotia.

(4) Once the Board receives a copy of the report, it shall consider the report and shall, within 60 days after the day on which it is received, send to the Federal Minister and the Provincial Minister its written response to the report.

(5) If one or more individuals are appointed by a Minister or Ministers under subsection (1) in respect of a matter, the Minister or Ministers making the appointment may, if that Minister or those Ministers determine that an inquiry is being conducted under section 170 in respect of the same matter, direct that the Board terminate that inquiry and provide to that individual or those individuals any records or evidence collected in respect of the matter.

(6) The Board shall comply with a direction made under subsection (5).

(7) If the Federal Minister and the Provincial Minister jointly appoint the individual or individuals under subsection (1), they may also jointly agree, with the consent in writing of the Minister of Mines and Energy of the Province, to require the cost of the inquiry to be borne by the Board. If only one of those Ministers appoints an individual or individuals under that subsection, that Minister shall pay the cost of the inquiry.

Documents in Electronic or Other Form

210.123 The definitions in this section apply in this section and sections 210.124 and 210.125.

“electronic document” means any form of representation of information or of concepts fixed in any medium in or by electronic, optical or other similar means and that can be read or perceived by an individual or by any means.

“information system” means a system used to generate, send, receive, store or otherwise process an electronic document.

210.124 No provision of this Part or of the regulations made under this Part requires an electronic document to be created or provided.

210.125 (1) A requirement under this Part that a notice, document or other information be created in writing is satisfied by the creation of an electronic document if

(a) the information in the electronic document is accessible so as to be usable for subsequent reference; and

(b) the regulations pertaining to this subsection, if any, have been complied with.

(2) A requirement under this Part that a notice, document or other information be provided under this Part, whether or not it is required to be provided in writing, is satisfied by the provision of an electronic document if

(a) the addressee has designated an information system for the receipt of the electronic document;

(b) the electronic document is provided to the designated information system, unless otherwise prescribed;

(c) the information in the electronic document is accessible by the addressee and capable of being retained by them, so as to be usable for subsequent reference; and

(d) the regulations pertaining to this subsection, if any, have been complied with.

(3) If a consent is required to be given in writing under this Part, the requirement is satisfied by the provision of an electronic document that signifies that consent has been given if

(a) the addressee has designated an information system for the receipt of the electronic document;

(b) the electronic document is provided to the designated information system, unless otherwise prescribed;

(c) the information in the electronic document that signifies that consent has been given is accessible by the addressee and capable of being retained by them, so as to be usable for subsequent reference; and

(d) the regulations pertaining to this subsection, if any, have been complied with.

(4) Despite subsection (2), the reasons referred to in subsection 210.059(5) and the decision referred to in subsection 210.1(3) shall be provided in writing.

Regulations

210.126 (1) Subject to section 6 and on the recommendation of the Federal Minister and the Minister of Labour, the Governor in Council may make regulations generally for carrying out the purposes and provisions of this Part, including regulations

(a) establishing requirements in respect of anything described in subsection 210.015(2) or 210.02(2);

(b) respecting the manner in which an operator is required to investigate under subsection 210.017(2) any occupational disease or any accident, incident or other hazardous occurrence;

(c) respecting the establishment, by an operator, of procedures for safe entry to or exit from a marine installation or structure and of standards for occupancy of a marine installation or structure;

(d) respecting the establishment of codes of practice, and specifying who is responsible for ensuring that those codes of practice are complied with;

(e) respecting the safety of work or activities that are carried out in a confined space, at heights, directly over water, under water, or of any work or activity that involves the use of explosives;

(f) respecting ergonomic standards and procedures for a workplace;

(g) respecting the establishment of standards for the design, installation and maintenance of the following things:

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

(ii) boilers and pressure vessels,

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

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

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

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

(h) respecting the establishment of standards for the design and maintenance of equipment, machines, devices, materials and other things that may be used by employees in carrying out their job functions;

(i) respecting the circumstances and manner in which any thing referred to in paragraph (g) or (h) shall or shall not be used, and any qualifications that an individual is required to have in order to use it;

(j) specifying who is responsible for ensuring that the standards referred to in paragraphs (g) and (h) are complied with and that the things referred to in those paragraphs are used in the specified circumstances and manner and by individuals who have the required qualifications;

(k) respecting the establishment of standards relating to levels or limits for ventilation, lighting, temperature, humidity, sound and vibration and exposure to chemical agents, biological agents and radiation and specifying who is responsible for ensuring that those standards are complied with;

(l) respecting the qualifications of persons authorized to carry out prescribed training;

(m) respecting the establishment of fire safety and emergency measures, and specifying who is responsible for ensuring that those measures are complied with;

(n) respecting the provision, by an operator, an employer, or both, of sanitary and personal facilities, potable water, sustenance, and first-aid and health services;

(o) respecting the prevention of, and protection against, violence at the workplace;

(p) respecting the manner and form in which records are to be maintained and information communicated;

(q) respecting the manner in which programs for medical monitoring and examination referred to in paragraph 210.067(1)(f) are to be implemented, including restricting the types of interventions that may be used;

(r) respecting the procedures governing the granting of a permission under section 210.07 or 210.071, including any requirements for consultation or notice;

(s) specifying the equipment, methods, measures or standards or other things required by regulations made under this section in respect of which the granting of a permission under section 210.07 or 210.071 is prohibited;

(t) respecting the operation of an advisory council established under section 210.12;

(u) respecting any matter necessary for the purposes of the application of section 210.125, including

(i) the time and circumstances when, and the place where, an electronic document, as defined in section 210.123, is to be considered to have been provided or received, and

(ii) the circumstances in which a secure electronic signature, as defined in subsection 31(1) of the Personal Information Protection and Electronic Documents Act, is required to be linked to an electronic document, as defined in section 210.123; and

(v) prescribing anything that by this Part is to be prescribed.

(2) Regulations made under subsection (1) may incorporate any material by reference, regardless of its source, either as it exists on a particular date or as amended from time to time.

(3) For greater certainty, a document that is incorporated by reference into a regulation is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference.

(4) Regulations made under subsection (1) may be made applicable to all persons or one or more classes of persons.

(5) Regulations made under subsection (1) in respect of employees and other passengers on a passenger craft, or the passenger craft, shall, in addition to the requirement set out in that subsection, be made on the recommendation of the Minister of Transport.

210.127 (1) Subject to subsection (2), a copy of each regulation that the Governor in Council proposes to make under this Part shall be published in the Canada Gazette and a reasonable opportunity shall be given to interested persons to make representations to the Federal Minister with respect to it.

(2) No proposed regulation need be published more than once under subsection (1) whether or not it is altered or amended as a result of representations made by interested persons as provided in that subsection.

85. Sections 211 to 213 of the Act are replaced by the following:

211. The following definitions apply in this Part.

“Consumption Tax Acts” means sections 2 and 3 and Parts I, IIA and IV of the Revenue Act, S.N.S. 1995-96, c. 17, as amended from time to time, and any other Act of the Legislature of the Province, as amended from time to time, as may be prescribed.

“Insurance Premiums Tax Act” means the Insurance Premiums Tax Act, R.S.N.S. 1989, c. 232, as amended from time to time.

“Nova Scotia Income Tax Act” means the Income Tax Act, R.S.N.S. 1989, c. 217, as amended from time to time.

“Revenue Account” means the account established under section 219.

Imposition of Consumption Taxes

212. (1) There shall be imposed, levied and collected under this Part in respect of the offshore area, in accordance with subsection (3), the taxes, interest, penalties and other sums that would be imposed, levied and collected under the Consumption Tax Acts if the offshore area were in the Province.

(2) Despite subsection (1), if taxes are imposed in respect of any matter under any of the Consumption Tax Acts and taxes would, but for this subsection, be imposed under subsection (1) in respect of that matter, no taxes shall be imposed under subsection (1) in respect of that matter.

(3) Subject to this Act and the regulations made under it, the Consumption Tax Acts and the regulations referred to in subsection (3.1) apply, with any modifications that the circumstances require, for the purposes of this Part and, without limiting the generality of the foregoing,

(a) a reference in those Acts to Her Majesty in right of the Province is to be read as a reference to Her Majesty in right of Canada;

(b) a reference in those Acts to the Province is to be read as a reference to the offshore area; and

(c) a reference in those Acts to the Minister responsible for the administration of any of those Acts or to the Provincial Tax Commissioner is to be read as a reference to the Minister of Finance.

(3.1) The following regulations apply for the purposes of subsection (3):

(a) any regulations made under the Consumption Tax Acts;

(b) any regulations made under an Act that was replaced by a Part of the Revenue Act, S.N.S. 1995-96, c. 17, that is referred to in the definition “Consumption Tax Acts” in section 211 to the extent that those regulations remain in force in accordance with the laws of the Province and are not inconsistent with that Part; and

(c) any regulations made under the Sales Tax Act, S.N.S. 1996, c. 31, as amended from time to time.

(4) This section is binding on

(a) the corporations mentioned in Schedule I to the Federal-Provincial Fiscal Arrangements Act, if Nova Scotia is a participating province as defined in subsection 31(1) of that Act; and

(b) the corporations mentioned in Schedule II to that Act.

Imposition of Insurance Premiums Tax

213. (1) There shall be imposed, levied and collected under this Part in respect of the insurance premiums received by any company with respect to property that is situated in the offshore area at the time the insurance premiums become payable, in accordance with subsection (3), the taxes, interest, penalties and other sums that would be imposed, levied and collected under the Insurance Premiums Tax Act if the property were situated in the Province.

(2) Despite subsection (1), if taxes are imposed in respect of any matter under the Insurance Premiums Tax Act and taxes would, but for this subsection, be imposed under subsection (1) in respect of that matter, no taxes shall be imposed under subsection (1) in respect of that matter.

(3) Subject to this Act and the regulations made under it, the Insurance Premiums Tax Act and the regulations referred to in subsection (3.1) apply, with any modifications that the circumstances require, for the purposes of this Part and, without limiting the generality of the foregoing,

(a) a reference in that Act to the Province is to be read as a reference to the offshore area; and

(b) a reference in that Act to the Minister of Consumer Affairs is to be read as a reference to the Minister of Finance.

(3.1) The following regulations apply for the purposes of subsection (3):

(a) any regulations made under the Insurance Premiums Tax Act; and

(b) any regulations made under an Act that was replaced by the Insurance Premiums Tax Act, to the extent that those regulations remain in force in accordance with the laws of the Province and are not inconsistent with the Insurance Premiums Tax Act.

(4) In this section, “company” has the meaning assigned by the definition “insurance company” in section 2 of the Insurance Premiums Tax Act.

86. Subparagraph 214(5)(b)(ii) of the Act is replaced by the following:

(ii) the Consumption Tax Acts or the Insurance Premiums Tax Act,

87. Subsection 215(2) of the Act is replaced by the following:

(2) If a tax administration agreement is entered into,

(a) the Provincial Tax Commissioner of the Province may

(i) perform the duties and exercise any power or discretion that the Minister of Finance of the Province has under subsection (1) or otherwise under this Part in relation to the Consumption Tax Acts, and

(ii) designate personnel of the Department of Finance of the Province to carry out any functions, perform any duties and exercise any powers that are similar to those that are carried out, exercised or performed by them on behalf of that Minister under the Consumption Tax Acts; and

(b) the Minister of Finance of the Province or any other Minister of the Crown in right of the Province that may be designated by the Provincial Government for the purpose may

(i) perform the duties and exercise any power or discretion that the Minister of Finance of the Province has under subsection (1) or otherwise under this Part in relation to the Insurance Premiums Tax Act, and

(ii) designate personnel of the Department of Finance of the Province, or any other department of the Province for which that Minister is responsible, to carry out any functions, perform any duties and exercise any powers that are similar to those that are carried out, exercised or performed by them on behalf of that Minister under the Insurance Premiums Tax Act.

88. (1) Subsection 216(1) of the Act is replaced by the following:

216. (1) There shall be imposed, levied and collected under this Part in respect of the taxable income earned by, and the taxable capital of, a corporation in a taxation year in the offshore area, in accordance with subsection (3), the taxes, interest, penalties and other sums that would be imposed, levied and collected under the Nova Scotia Income Tax Act in respect of that taxable income and that taxable capital if the offshore area were in the Province.

(2) Subsection 216(2) of the French version of the Act is replaced by the following:

(3) Subsections 216(3) and (4) of the Act are replaced by the following:

(3) Subject to this Act and the regulations made under it, the Nova Scotia Income Tax Act and any regulations referred to in subsection (3.1) apply, with any modifications that the circumstances require, for the purposes of this Part and, without limiting the generality of the foregoing,

(a) a reference in that Act to Her Majesty in right of the Province is to be read as a reference to Her Majesty in right of Canada;

(b) a reference in that Act to the Province is to be read as a reference to the offshore area; and

(c) a reference in that Act to the “Minister of Finance” is to be read as a reference to

(i) in relation to the remittance of any amount as or on account of tax payable under that Act, the Receiver General for Canada, and

(ii) in relation to any other matter, the Minister of National Revenue for Canada.

(3.1) The following regulations apply for the purposes of subsection (3):

(a) any regulations made under the Nova Scotia Income Tax Act; and

(b) any regulations made under an Act that was replaced by the Nova Scotia Income Tax Act, to the extent that those regulations remain in force in accordance with the laws of the Province and are not inconsistent with the Nova Scotia Income Tax Act.

(4) For the purposes of this section, the taxable income of a corporation earned in a taxation year in the offshore area or in the Province shall be determined in accordance with rules prescribed by regulations for the purposes of the definition “taxable income earned in the year in a province” in subsection 124(4) of the Income Tax Act, and “taxable capital” means taxable capital employed in Canada determined in accordance with Part I.3 of that Act.

89. Subsection 220(2) of the Act is replaced by the following:

(2) For the purposes of subsection (1), the offshore area shall be deemed to be within the territorial limits of Halifax District.

90. Paragraph 221(a) of the Act is replaced by the following:

(a) excluding, for the purposes of this Act, any provision or any part of a provision of the following that is inconsistent with this Act, the Accord or any bilateral or international treaty, convention or agreement respecting taxation, tariffs or trade to which the Government of Canada is a signatory:

(i) the Offshore Petroleum Royalty Act or any regulation made under it,

(ii) the Consumption Tax Acts or any regulation referred to in subsection 212(3.1),

(iii) the Insurance Premiums Tax Act or any regulation referred to in subsection 213(3.1), or

(iv) the Nova Scotia Income Tax Act or any regulation referred to in subsection 216(3.1); and

91. (1) The English version of the Act is amended by replacing “chairman” with “chairperson” in the following provisions:

(a) subsection 25(4);

(b) subsection 37(1);

(c) subsection 47(3);

(d) subsections 141(4) and (5); and

(e) subsections 145(2) and (3).

(2) The English version of the Act is amended by replacing “Chairman” with “Chairperson” in the following provisions:

(a) subsection 10(2);

(b) subsection 11(3);

(c) subsections 12(1), (2) and (3);

(d) subsections 13(1), (2) and (4);

(e) section 14;

(f) subsection 15(1);

(g) subparagraph 22(b)(i); and

(h) paragraph 25(1)(a).

TRANSITIONAL PROVISIONS

92. (1) If any of the following documents are transmitted by the Minister of Natural Resources to the Speaker of the Senate and to the Speaker of the House of Commons for tabling in those Houses during the 2nd session of the 41st Parliament, then on the day on which this section comes into force that document is deemed to be a regulation made under subsection 210.126(1) of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act and, despite section 9 of the Statutory Instruments Act, to have come into force on that day:

(a) a document entitled Canada–Nova Scotia Offshore Marine Installations and Structures Occupational Health and Safety Transitional Regulations; and

(b) a document entitled Canada–Nova Scotia Offshore Marine Installations and Structures Transitional Regulations.

(2) If a document entitled Canada–Nova Scotia Offshore Area Diving Operations Safety Transitional Regulations is transmitted by the Minister of Natural Resources to the Speaker of the Senate and to the Speaker of the House of Commons for tabling in those Houses during the 2nd session of the 41st Parliament, then on the day on which this section comes into force

(a) the document is deemed to be a regulation made under paragraph 210.001(3)(a) and subsection 210.126(1) of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act and, despite section 9 of the Statutory Instruments Act, to have come into force on that day; and

(b) the Nova Scotia Offshore Area Petroleum Diving Regulations are repealed.

(3) The documents are to be transmitted to the Speaker of the Senate and to the Speaker of the House of Commons only if the Minister of Natural Resources is satisfied that, in the case of those referred to in paragraphs (1)(a) and (b), the minister of the government of Nova Scotia who is responsible for occupational health and safety has approved them and, in the case of the document entitled Canada–Nova Scotia Offshore Area Diving Operations Safety Transitional Regulations, that provincial minister and the minister of the government of Nova Scotia who is responsible for the management of offshore petroleum resources, have approved it.

(4) The Minister of Natural Resources shall, within seven days after the coming into force of this section, transmit to the Clerk of the Privy Council copies of each document referred to in subsections (1) and (2) that the Minister of Natural Resources transmitted to the Speaker of the Senate and to the Speaker of the House of Commons. Section 5 of the Statutory Instruments Act is deemed to have been complied with in respect of a document referred in subsection (1) or (2) on the day on which that document is transmitted to the Clerk.

(5) Unless repealed on an earlier date, the Canada–Nova Scotia Offshore Marine Installations and Structures Occupational Health and Safety Transitional Regulations, the Canada–Nova Scotia Offshore Marine Installations and Structures Transitional Regulations and the Canada–Nova Scotia Offshore Area Diving Operations Safety Transitional Regulations are repealed on the expiry of five years after the day on which this section comes into force.

93. (1) The Chief Safety Officer may, on application, grant an exemption in respect of a workplace, or grant an exemption to an operator in respect of passengers being transported on a passenger craft to or from any of its workplaces, for a specified time and subject to specified conditions, from any requirement in respect of equipment, methods, measures or standards that is set out in the Canada–Nova Scotia Offshore Marine Installations and Structures Occupational Health and Safety Transitional Regulations, the Canada–Nova Scotia Offshore Marine Installations and Structures Transitional Regulations or the Canada–Nova Scotia Offshore Area Diving Operations Safety Transitional Regulations, if he or she is satisfied that the health and safety of employees at the workplace or passengers on the passenger craft, as the case may be, will be maintained without compliance with the requirement.

(2) The regulations are not considered to be contravened if there is compliance with an exemption under subsection (1).

(3) The application shall

(a) be in a form acceptable to the Chief Safety Officer;

(b) include information with respect to the consequences to health and safety that might reasonably be anticipated if the exemption is granted; and

(c) be accompanied by technical information sufficient to enable the Chief Safety Officer to make a decision on the application.

(4) On receipt of the application, the Chief Safety Officer shall make it available to the public in a manner that he or she considers advisable, together with a notice that submissions may be made to him or her for a period of 30 days — or any shorter period that he or she fixes with the agreement of the applicable workplace committee — after the day on which the application has been made available.

(5) If the application is made in respect of an existing workplace, the applicant shall give a copy of the application to the operator. An operator shall, immediately after it receives or makes an application relating to an existing workplace or to a passenger craft

(a) post a copy of it in printed form in a prominent place at the applicable workplace; and

(b) provide a copy to any committee established for that workplace and to any union representing employees within the offshore area.

(6) The Chief Safety Officer shall, as soon as possible after the end of the period referred to in subsection (4), give to the applicant and the operator a copy of the decision made on the application, and make the decision available to the public in a manner that he or she considers advisable.

(7) The Chief Safety Officer may, on his or her own initiative or on application by the applicant for the exemption under subsection (1), reconsider, confirm, vary, revoke or suspend a decision made on the application at any time if information is made available that, had it been known when the decision was made, would reasonably be expected to have resulted in a different decision from the one made at that time. In that case, subsections (1) to (6) apply with the necessary modifications.

(8) Words and expressions used in this section have the same meaning as in subsection 210.001(1) of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act.

CANADA LABOUR CODE

94. (1) Subsection 144(1) of the Canada Labour Code is replaced by the following:

144. (1) No health and safety officer or person who has accompanied or assisted the officer in carrying out the officer’s duties under this Part may be required to give testimony in civil or administrative proceedings, other than proceedings under this Part, with regard to information obtained in the carrying out of those duties or in accompanying or assisting the officer, except with the written permission of the Minister, in which case subsection (5) does not apply to restrict the disclosure of the information.

(2) Subsections 144(5) and (5.1) of the Act are replaced by the following:

(5) No person shall, except for the purposes of this Part or for the purposes of a prosecution under this Part or unless the Minister is satisfied that the publication or disclosure is in the interest of occupational health and safety or the public interest, publish or disclose any information obtained as a result of activities carried out by or at the request of an appeals officer or a health and safety officer under section 141.

(5.01) Situations in which the Minister may be so satisfied include, but are not limited to, situations in which the publication or disclosure is for the purposes of a coroner’s inquiry, the administration or enforcement of a federal or provincial law or the administration of a foreign law or international agreement.

(5.1) If the information referred to in subsection (5) is information within the meaning of Part 4 of the Department of Employment and Social Development Act, the disclosure of that information is governed by Part 4 of that Act.

95. Subsection 149(4) of the Act is replaced by the following:

(4) Proceedings in respect of an offence under this Part may be instituted at any time within but not later than two years after the day on which the subject-matter of the proceedings arose.

ACCESS TO INFORMATION ACT

96. Schedule I to the Access to Information Act, under the heading “OTHER GOVERNMENT INSTITUTIONS”, is amended by striking out the reference to

Canada-Newfoundland Offshore Petroleum Board

97. Schedule I to the Act, under the heading “OTHER GOVERNMENT INSTITUTIONS, is amended by adding, in alphabetical order, a reference to

Canada–Newfoundland and Labrador Offshore Petroleum Board

98. Schedule II to the Act is amended by striking out the reference to

Canada-Newfoundland Atlantic Accord Implementation Act, S.C. 1987, c. 3

and the corresponding reference to “section 119”.

99. Schedule II to the Act is amended by adding, in alphabetical order, a reference to

Canada–Newfoundland and Labrador Atlantic Accord Implementation Act

and a corresponding reference to “section 119 and subsection 205.086(1)”.

100. Schedule II to the Act is amended by replacing the reference to “sections 19 and 122” opposite the reference to “Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act, S.C. 1988, c. 28” with a reference to “section 122 and subsection 210.087(1)”.

EXCISE TAX ACT

101. Paragraphs (a) and (b) of the definition “offshore activity” in subsection 123(1) of the Excise Tax Act are replaced by the following:

(a) when used in connection with an activity carried on in the Nova Scotia offshore area, an activity in respect of which tax would be imposed under section 212 of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act if this Part were included in the definition “Consumption Tax Acts” in section 211 of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act; and

(b) when used in connection with an activity carried on in the Newfoundland offshore area, an activity in respect of which tax would be imposed under section 207 of the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act if this Part were included in the definition “Consumption Tax Acts” in section 206 of the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act;

CANADA OIL AND GAS OPERATIONS ACT

102. Subsection 5.4(1) of the Canada Oil and Gas Operations Act is replaced by the following:

5.4 (1) There is established a council, to be known as the Oil and Gas Administration Advisory Council, consisting of the following six members, namely, the Chairperson of the Canada-Nova Scotia Offshore Petroleum Board, the Chairperson of the Canada–Newfoundland and Labrador Offshore Petroleum Board, the Chairperson of the National Energy Board, a person designated jointly by the federal Ministers, a person designated by one of the Provincial Ministers and a person designated by the other Provincial Minister.

PRIVACY ACT

103. The schedule to the Privacy Act, under the heading “OTHER GOVERNMENT INSTITUTIONS, is amended by striking out the reference to

Canada-Newfoundland Offshore Petroleum Board

104. The schedule to the Act, under the heading “OTHER GOVERNMENT INSTITUTIONS, is amended by adding, in alphabetical order, a reference to

Canada–Newfoundland and Labrador Offshore Petroleum Board

HAZARDOUS MATERIALS INFORMATION REVIEW ACT

105. Section 10 of the Hazardous Materials Information Review Act is amended by adding the following after subsection (3):

(4) In this Act, “provisions of the Accord Act” means

(a) the provisions of Part III.1 of the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act or the regulations made under that Part, other than the provisions of section 205.023 of that Act or of any regulation made under section 205.124 of that Act for the purposes of section 205.023 of that Act; or

(b) the provisions of Part III.1 of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act or the regulations made under that Part, other than the provisions of section 210.023 of that Act or of any regulation made under section 210.126 of that Act for the purposes of section 210.023 of that Act.

106. The portion of subsection 11(2) of the Act before paragraph (a) is replaced by the following:

(2) Any employer who is required, either directly or indirectly, under the provisions of the Canada Labour Code or the provisions of the Accord Act, as the case may be, to disclose

107. Paragraph 13(1)(b) of the Act is replaced by the following:

(b) decide whether the material safety data sheet or label to which the claim relates, except to the extent that it does not disclose the information in respect of which the claim is made, complies with the provisions of the Hazardous Products Act, the provisions of the Canada Labour Code or the provisions of the Accord Act, as the case may be.

108. (1) Subsection 16(1) of the Act is replaced by the following:

16. (1) If, under paragraph 13(1)(a), a screening officer determines that a claim or portion of a claim for exemption is not valid, the screening officer shall order the claimant to comply, in the manner and within the period specified in the order, with the provisions of the Hazardous Products Act, the provisions of the Canada Labour Code or the provisions of the Accord Act in respect of which the claim or portion of the claim for exemption was determined not to be valid.

(2) Subsection 16(4) of the Act is replaced by the following:

(4) Every claimant who complies with an order under subsection (1) in the manner and within the period specified in the order shall, for the purposes of the provisions of the Hazardous Products Act, the provisions of the Canada Labour Code or the provisions of the Accord Act, as the case may be, be deemed to have complied with those provisions.

109. (1) Subsection 16.1(1) of the Act is replaced by the following:

16.1 (1) If a screening officer determines under paragraph 13(1)(b) that a material safety data sheet or label to which a claim for exemption relates does not comply with the provisions of the Hazardous Products Act, the provisions of the Canada Labour Code or the provisions of the Accord Act, as the case may be, the screening officer may send an undertaking to the claimant setting out the measures that are required to be taken for the purpose of ensuring compliance with those provisions, except to the extent that they would require the claimant to disclose the information in respect of which the claim is made, in the manner and within the period specified in the undertaking.

(2) Subsection 16.1(4) of the Act is replaced by the following:

(4) A claimant to whom the notice is sent is, for the purposes of the provisions of the Hazardous Products Act, the provisions of the Canada Labour Code or the provisions of the Accord Act, as the case may be, deemed to have complied with those provisions.

110. (1) Subsection 17(1) of the Act is replaced by the following:

17. (1) If the screening officer does not receive the signed undertaking, or is not satisfied that the claimant has taken the measures set out in the undertaking in the manner and within the period specified in it, the screening officer shall order the claimant to comply with the provisions of the Hazardous Products Act, the provisions of the Canada Labour Code or the provisions of the Accord Act, as the case may be, except to the extent that they would require the claimant to disclose the information in respect of which the claim is made, in the manner and within the period specified in the order.

(2) Subsection 17(4) of the Act is replaced by the following:

(4) Every claimant who complies with an order under subsection (1) in the manner and within the period specified in the order shall, for the purposes of the provisions of the Hazardous Products Act, the provisions of the Canada Labour Code or the provisions of the Accord Act, as the case may be, be deemed to have complied with those provisions.

111. Section 43 of the Act is amended by adding the following after subsection (2):

(2.1) An appeal board shall, in relation to an appeal relating to the provisions of the Accord Act, consist of three members to be appointed as follows:

(a) one member, who shall be the chairperson of the appeal board, appointed by the Chief Appeals Officer on the recommendation of the lieutenant governor in council of the province in which the appeal board is to be convened;

(b) one member appointed by the chairperson of the appeal board from among the persons whose names appear on the list referred to in subparagraph (3)(a)(i) or (b)(i) maintained in respect of the province in which the appeal board is to be convened; and

(c) one member appointed by the chairperson of the appeal board from among the persons whose names appear on the list referred to in subparagraph (3)(a)(ii) or (b)(ii) maintained in respect of that province.

112. Subsection 46(2) of the Act is amended by adding the following after paragraph (c):

(c.1) any health and safety officer as defined in subsection 205.001(1) of the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act, for the purposes of the administration and enforcement of Part III.1 of that Act or any health and safety officer as defined in subsection 210.001(1) of the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act, for the purposes of the administration and enforcement of Part III.1 of that Act;

HIBERNIA DEVELOPMENT PROJECT ACT

113. The definition “Board” in subsection 2(1) of the Hibernia Development Project Act is replaced by the following:

“Board” means the Canada–Newfoundland and Labrador Offshore Petroleum Board established by the joint operation of section 9 of the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act and section 9 of The Canada-Newfoundland Atlantic Accord Implementation (Newfoundland) Act, chapter 37 of the Statutes of Newfoundland, 1986;

FEDERAL AUTHORITIES REGULATIONS

114. Item 1 of the schedule to the Federal Authorities Regulations is replaced by the following:

1. Canada–Newfoundland and Labrador Offshore Petroleum Board established by the joint operation of the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act and The Canada-Newfoundland Atlantic Accord Implementation (Newfoundland) Act, chapter 37 of the Statutes of Newfoundland, 1986.

TERMINOLOGY

115. Unless the context requires other- wise, “Canada-Newfoundland Atlantic Ac- cord Implementation Act” and “Canada–Newfoundland Atlantic Accord Implementation Act” are replaced with “Canada–Newfoundland and Labrador Atlantic Accord Implementation Act” in any Act of Parliament other than this Act, and more particularly in the following:

(a) paragraph (a) of the definition “Accord Acts” in section 2 of the Canada Oil and Gas Operations Act;

(b) section 64 of the Canada Revenue Agency Act;

(c) the definition “Newfoundland offshore area” in subsection 123(1) of the Excise Tax Act;

(d) item 2 of Schedule 1 to the Canadian Environmental Assessment Act, 2012;

(e) [Deleted]

(f) in the Hibernia Development Project Act,

(i) paragraph 3(2)(e), and

(ii) subsection 6(1);

(g) in the Income Tax Act,

(i) subparagraph 241(4)(d)(vi), and

(ii) the definition “Newfoundland offshore area” in subsection 248(1); and

(h) in the Nova Scotia and Newfoundland and Labrador Additional Fiscal Equalization Offset Payments Act,

(i) subsections 11(1) and (2),

(ii) the definition “fiscal equalization offset payment”, paragraph (a) of the definition “offshore revenue” and the definition “petroleum” in section 18, and

(iii) section 25.

116. Unless the context requires otherwise, “Canada-Newfoundland Atlantic Accord Implementation Act” and “Canada–Newfoundland Atlantic Accord Implementation Act” are replaced with “Canada–Newfoundland and Labrador Atlantic Accord Implementation Act” in any regulations, as defined in subsection 2(1) of the Statutory Instruments Act, made under the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act, and more particularly in the following provisions:

(a) section 2 of the Canada-Newfoundland Oil and Gas Spills and Debris Liability Regulations;

(b) section 1 of the Newfoundland and Labrador Offshore Area Line Regulations;

(c) the definition “Act” in section 1 of the Newfoundland and Labrador Offshore Revenue Fiscal Equalization Offset Payments Regulations;

(d) the definition “Act” in section 2 of the Newfoundland Offshore Area Oil and Gas Operations Regulations;

(e) the definition “Act” in section 2 of the Newfoundland Offshore Area Petroleum Geophysical Operations Regulations;

(f) section 2 of the Newfoundland Offshore Area Registration Regulations;

(g) the definition “Act” in section 2 of the Newfoundland Offshore Certificate of Fitness Regulations;

(h) the definition “Act” in subsection 1(1) of the Newfoundland Offshore Petroleum Drilling and Production Regulations;

(i) the definition “Act” in subsection 2(1) of the Newfoundland Offshore Petroleum Installations Regulations; and

(j) the definition “Act” in section 2 of the Newfoundland Offshore Petroleum Resource Revenue Fund Regulations.

117. Unless the context requires otherwise, “Canada-Newfoundland Atlantic Accord Implementation Act” and “Canada – Newfoundland Atlantic Accord Implementation Act” are replaced with “Canada–Newfoundland and Labrador Atlantic Accord Implementation Act” in any regulations, as defined in subsection 2(1) of the Statutory Instruments Act, made under any Act of Parliament other than the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act, and more particularly in the following:

(a) paragraph (b) of the definition “offshore” in section 2 of the Comprehensive Study List Regulations;

(b) in the Federal-Provincial Fiscal Arrangements Regulations, 2007

(i) subparagraph 4(1)(e)(vii),

(ii) subparagraph 7(1)(z.5)(i),

(iii) subparagraph 8(1)(z.5)(i), and

(iv) the description of F in subsection 16.8(1);

(c) in the Inclusion List Regulations

(i) paragraph (a) of the definition “drilling program” in section 2, and

(ii) sections 19.1 and 19.2 of the sched- ule;

(d) item 1.1 of Part I of Schedule I to the Law List Regulations;

(e) subsections 200(2) and (3) of the Marine Personnel Regulations; and

(f) paragraph (b) of the definition “offshore” in section 1 of the Regulations Designating Physical Activities.

118. Item 15.01 of the schedule to the Access to Information Act Heads of Government Institutions Designation Order is replaced by the following:

119. Item 15.1 of the schedule to the Privacy Act Heads of Government Institutions Designation Order is replaced by the following:

COORDINATING AMENDMENTS

121. [Deleted]

COMING INTO FORCE

122. Sections 2 to 93, or any provision enacted by section 45 or 84, and sections 96 to 119, come into force on a day or days to be fixed by order of the Governor in Council.