Bill C-5

2nd Session, 41st Parliament,

62-63 Elizabeth II, 2013-2014

house of commons of canada

BILL C-5

An Act to amend the Canada-Newfoundland Atlantic Accord Implementation Act, the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act and other Acts and to provide for certain other measures

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

1. This Act may be cited as the Offshore Health and Safety Act.

CANADA-NEWFOUNDLAND ATLANTIC ACCORD IMPLEMENTATION ACT

2. The long title of the French version of the Canada-Newfoundland Atlantic Accord Implementation Act is replaced by the following:

3. Section 1 of the Act is replaced by the following:

1. This Act may be cited as the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act.

4. (1) The definition “Canada-Newfoundland benefits plan” in section 2 of the English version of the Act is repealed.

(2) The definitions “Board”, “Province”, “Provincial Act” and “Provincial Minister” in section 2 of the Act are replaced by the following:

“Board” means the Canada–Newfoundland and Labrador Offshore Petroleum Board referred to in section 9;

“Province” means the province of Newfoundland and Labrador;

“Provincial Act” means the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act, R.S.N.L. 1990, c. C-2, as amended from time to time;

“Provincial Minister” means, other than for the purposes of Part III.1, the Minister of the Crown in right of the Province designated by the Provincial Government as the provincial minister for the purposes of this Act.

(3) Section 2 of the English version of the Act is amended by adding the following in alphabetical order:

“Canada–Newfoundland and Labrador benefits plan” means a plan submitted under subsection 45(2);

5. Section 7 of the Act is replaced by the following:

7. (1) Before a regulation is made under subsection 5(1), subsection 41(7), section 64, subsection 67(2), section 118, subsection 122(1), 125(1) or 149(1) or section 203, the Federal Minister shall consult the Provincial Minister with respect to the proposed regulation and no regulation shall be so made without the approval of the Provincial Minister.

(2) Before a regulation is made under subsection 205.001(3) or (4) or 205.124(1), the Federal Minister shall consult the minister of the government of the Province who is responsible for occupational health and safety with respect to the proposed regulation and no regulation shall be so made without the approval of that minister.

6. Section 9 of the Act is amended by adding the following after subsection (1):

(1.1) The name of the Canada-Newfoundland Offshore Petroleum Board is changed to Canada–Newfoundland and Labrador Offshore Petroleum Board and the Canada–Newfoundland and Labrador Offshore Petroleum Board is deemed to have been established under subsection (1).

(1.2) A reference in any contract, document, instrument, proclamation, by-law or order in council to the Canada-Newfoundland Offshore Petroleum Board is, unless the context otherwise requires, to be read as a reference to the Canada–Newfoundland and Labrador Offshore Petroleum Board.

7. (1) Paragraph 12(4)(b) of the Act is replaced by the following:

(b) if the two members of the panel fail to agree on the appointment of the chairperson of the panel within the 30-day period referred to in paragraph (a), by the Chief Justice of Newfoundland and Labrador within 30 days after the expiration of that period.

(2) Subsection 12(5) of the English version of the Act is replaced by the following:

(5) The Chairperson of the Board shall be selected by the panel within 60 days after the appointment of the chairperson of the panel.

8. Section 25 of the Act is amended by adding the following after subsection (4):

(4.1) Newfoundland and Labrador social legislation as defined in subsection 205.001(1), the provisions of the Labour Relations Act, R.S.N.L. 1990, c. L-1, as amended from time to time, and the provisions of the Occupational Health and Safety Act, R.S.N.L. 1990, c. O-3, as amended from time to time, and any regulations made under that legislation or those Acts, apply to persons employed under subsection (1).

(4.2) Despite section 4 and subsections 123(1) and 168(1) of the Canada Labour Code, that Act does not apply to persons employed under subsection (1).

9. The Act is amended by adding the following after section 26:

26.1 (1) The Board shall appoint an audit and evaluation committee consisting of not fewer than three members of the Board and fix the duties and functions of the committee and may, by by-law, provide for the payment of expenses to the members of the committee.

(2) In addition to any other duties and functions that it is required to perform, the audit and evaluation committee shall cause internal audits to be conducted to ensure that the officers and employees of the Board act in accordance with management systems and controls established by the Board.

10. Subsection 29(2) of the Act is replaced by the following:

(2) Each annual report submitted under subsection (1) shall contain an audited financial statement and a description of the activities of the Board, including those relating to occupational health and safety, during the fiscal year covered by the report.

11. Paragraph 41(1)(c) of the Act is replaced by the following:

(c) the feedstock requirements of any refining facility located in the Province that was not in place on the coming into force of this Act, other than a facility referred to in paragraph (b), if the feedstock requirements required to satisfy the demand of industrial capacity, on the day of the coming into force of this Act, in Nova Scotia, New Brunswick, Prince Edward Island and Newfoundland and Labrador have been met.

12. (1) Paragraph 42(1)(d) of the English version of the Act is replaced by the following:

(d) Canada–Newfoundland and Labrador benefits plans and any of their provisions; and

(2) Section 42 of the Act is amended by adding the following after subsection (1):

(1.1) The Federal Minister, on the recommendation of the Minister of Labour, and the minister of the government of the Province who is responsible for occupational health and safety, may jointly issue to the Board written directives in relation to

(a) the development of guidelines and interpretation notes with respect to occupational health and safety matters; and

(b) the implementation of any recommendations made by an auditor under section 205.119 or made following an inquiry under section 205.12.

(3) Subsections 42(2) and (3) of the English version of the Act are replaced by the following:

(2) The Board shall comply with a directive issued under this section.

(3) Directives issued under this section are not statutory instruments for the purposes of the Statutory Instruments Act.

(4) Subsection 42(4) of the Act is replaced by the following:

(4) When a directive is issued under this section, a notice shall be published in the Canada Gazette that the directive has been issued and that the text of it is available for inspection by any person on request made to the Board.

13. Paragraph 44(2)(c) of the English version of the Act is replaced by the following:

(c) if the potential development has been proposed to the Board by any person, require that person to submit and make available for public distribution a preliminary development plan, an environmental impact statement, a socio-economic impact statement, a prelimi- nary Canada–Newfoundland and Labrador benefits plan and any other plan specified by the Board; and

14. The heading before section 45 of the English version of the Act is replaced by the following:

Canada–Newfoundland and Labrador Benefits Plan

15. (1) Subsection 45(1) of the English version of the Act is replaced by the following:

45. (1) In this section, “Canada–Newfoundland and Labrador benefits plan” means a plan for the employment of Canadians and, in particular, members of the labour force of the Province and, subject to paragraph (3)(d), for providing manufacturers, consultants, contractors and service companies in the Province and other parts of Canada with a full and fair opportunity to participate on a competitive basis in the supply of goods and services used in any proposed work or activity referred to in the benefits plan.

(2) Subsection 45(2) of the Act is replaced by the following:

(2) Before the Board approves any development plan under subsection 139(4) or authorizes any work or activity under paragraph 138(1)(b), a Canada–Newfoundland and Labrador benefits plan shall be submitted to and approved by the Board, unless it directs that that requirement need not be complied with.

(3) The portion of subsection 45(3) of the English version of the Act before paragraph (a) is replaced by the following:

(3) A Canada–Newfoundland and Labrador benefits plan shall contain provisions intended to ensure that

(4) Subsections 45(4) to (6) of the English version of the Act are replaced by the following:

(4) The Board may require that any Canada–Newfoundland and Labrador benefits plan include provisions to ensure that disadvantaged individuals or groups have access to training and employment opportunities and to enable those individuals or groups or corporations owned or cooperatives operated by them to participate in the supply of goods and services used in any proposed work or activity referred to in the benefits plan.

(5) In reviewing any Canada–Newfoundland and Labrador benefits plan, the Board shall consult with both Ministers on the extent to which the plan meets the requirements set out in subsections (1), (3) and (4).

(6) Subject to any directives issued under subsection 42(1), the Board may approve any Canada–Newfoundland and Labrador benefits plan.

16. Subsection 46(1) of the Act is amended by adding the following after paragraph (c):

(c.1) aviation regulation;

17. (1) Subsection 97(1) of the Act is replaced by the following:

97. (1) In this Division, “Petroleum and Natural Gas Act” means Part II of the Petroleum and Natural Gas Act, R.S.N.L. 1990, c. P-10, as amended from time to time.

(2) Subsections 97(2) and (3) of the French version of the Act are replaced by the following:

(3) Subsection 97(4) of the Act is replaced by the following:

(4) Subject to this Act and the regulations, the Petroleum and Natural Gas Act and the regulations referred to in subsection (4.1) apply, with any modifications that the circumstances require, for the purposes of this section 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; and

(b) a reference in that Act to the province is to be read as a reference to the offshore area.

(4.1) The following regulations apply for the purposes of subsection (4):

(a) any regulations made under the Petroleum and Natural Gas Act; and

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

(4) Subsection 97(5) of the French version of the Act is replaced by the following:

18. Subsection 98(6) of the French version of the Act is replaced by the following:

19. The definition “court” in subsection 102(1) of the Act is replaced by the following:

“court” means the Trial Division of the Supreme Court of Newfoundland and Labrador and includes any of its judges;

20. Subsection 123(1) of the Act is replaced by the following:

123. (1) If the Board has reason to believe that an interest owner or holder is failing or has failed to meet any requirement of this Part or Part III or III.1 or any regulation made under any of those Parts, the Board may give notice to that interest owner or holder requiring compliance with the requirement within 90 days after the day on which the notice is given or within any longer period that the Board considers appropriate.

21. Subsection 124(10) of the Act is replaced by the following:

(10) Any order, decision or action in respect of which a hearing is held under this section is subject to review and to be set aside by the Trial Division of the Supreme Court of Newfoundland and Labrador.

22. (1) Section 138 of the Act is amended by adding the following after subsection (3):

(3.1) On receipt by the Board of an application for an authorization for a work or activity referred to in paragraph (1)(b) or of an application to amend such an authorization, the Board shall provide a copy of the application to the Chief Safety Officer.

(2) Section 138 of the Act is amended by adding the following after subsection (4):

(4.1) The approvals, requirements and deposits that are determined, granted or prescribed shall not be inconsistent with the provisions of this Act or the regulations.

(3) Paragraphs 138(5)(a) and (b) of the Act are replaced by the following:

(a) a requirement, approval, fee or deposit, determined by the Board in accordance with the provisions of this Part or Part III.1 or granted or prescribed by regulations made under either of those Parts, subject to which the licence or authorization was issued;

(b) a requirement undertaken in a declaration referred to in subsection 139.1(1);

(4) Subsection 138(5) of the Act is amended by striking out “or” at the end of paragraph (c) and by adding the following after that paragraph:

(c.1) any provision of Part III.1; or

23. Subsection 139.1(2) of the Act is repealed.

24. Section 140 of the Act is replaced by the following:

140. The Board may, for the purposes of this Act, designate any person as the Chief Safety Officer and any other person as the Chief Conservation Officer. However, the Chief Executive Officer may not be designated as the Chief Safety Officer.

25. Section 140.1 of the Act is replaced by the following:

140.1 For the purposes of this Act, an order made by an operational safety officer, the Chief Safety Officer, a conservation officer, the Chief Conservation Officer, the Committee or a health and safety officer as defined in subsection 205.001(1) is not a statutory instrument as defined in the Statutory Instruments Act.

26. Section 148 of the Act is replaced by the following:

148. (1) Any order made by the Committee may, for the purpose of its enforcement, be made an order of the Supreme Court of Newfoundland and Labrador and shall be enforced in the same manner as any order of that Court.

(2) To make an order of the Committee an order of the Supreme Court of Newfoundland and Labrador, the practice and procedure established by the Provincial Act for making any order an order of that Court may be followed.

(3) When an order of the Committee has been made an order of the Supreme Court of Newfoundland and Labrador, any order of the Committee, or of the Board under section 186, rescinding or replacing the first mentioned order of the Committee, has the effect of cancelling the order of the Court and may in the same manner be made an order of the Court.

27. Paragraphs 151(1)(a) and (b) of the Act are replaced by the following:

(a) authorize the use of equipment, methods, measures or standards in lieu of any required by any regulation made under section 149, if those Officers are satisfied that the use of that other equipment and those other methods, measures or standards would provide a level of safety, protection of the environment and conservation equivalent to that provided by compliance with the regulations; or

(b) grant an exemption from any requirement imposed, by any regulation made under section 149, in respect of equipment, methods, measures or standards, if those Officers are satisfied with the level of safety, protection of the environment and conservation that will be achieved without compliance with that requirement.

28. Section 152 of the Act is repealed.

29. Subsection 161(3) of the Act is replaced by the following:

(3) Every person required to report a spill under subsection (2) shall, as soon as possible, take all reasonable measures consistent with safety and the protection of health and the environment to prevent any further spill, to repair or remedy any condition resulting from the spill and to reduce or mitigate any damage or danger that results or may reasonably be expected to result from the spill.

30. (1) Subsection 185(1) of the Act is replaced by the following:

185. (1) The Committee may of its own motion or at the request of the Board state a case, in writing, for the opinion of the Trial Division of the Supreme Court of Newfoundland and Labrador on any question that in the opinion of the Committee is a question of law or of the jurisdiction of the Committee.

(2) Subsection 185(2) of the English version of the Act is replaced by the following:

(2) The Trial Division of the Supreme Court of Newfoundland and Labrador shall hear and determine the case stated, and remit the matter to the Committee with the opinion of the Court on the matter.

31. (1) Subsection 187(1) of the Act is replaced by the following:

187. (1) An appeal lies from a decision or order of the Committee to the Trial Division of the Supreme Court of Newfoundland and Labrador on a question of law, on leave being obtained from that Court, in accordance with the practice of that Court, on application made within one month after the making of the decision or order sought to be appealed from or within any further time that that Court may allow.

(2) Subsection 187(3) of the English version of the Act is replaced by the following:

(3) After the hearing of the appeal, the Trial Division of the Supreme Court of Newfoundland and Labrador shall certify its opinion to the Committee and the Committee shall make any order necessary to comply with that opinion.

32. The heading before section 188 of the English version of the Act is replaced by the following:

Operational Safety Officers and Conservation Officers

33. Sections 188 and 189 of the Act are replaced by the following:

188. (1) Subject to subsection (4), the Federal Minister and the Provincial Minister shall jointly designate as an operational safety officer for the purposes of the administration and enforcement of this Part an individual who has been recommended by the Board. The Ministers shall make the designation within 30 days after the day on which they receive the name of the individual from the Board.

(2) Subject to subsection (4), the Federal Minister and the Provincial Minister shall jointly designate as a conservation officer for the purposes of the administration and enforcement of this Part an individual who has been recommended by the Board. The Ministers shall make the designation within 30 days after the day on which they receive the name of the individual from the Board.

(3) The Ministers shall, without delay after making a designation, notify the Board, in writing, that the designation has been made.

(4) The Ministers shall not designate an individual if they are not satisfied that the individual is qualified to exercise the powers and carry out the duties and functions of an operational safety officer or a conservation officer, as the case may be, under this Part. If an individual is not designated, the Ministers shall without delay notify the Board of it, in writing.

(5) An individual designated under subsection (1) or (2) who is not an employee of the Board is deemed to be an officer for the purposes of section 16.

189. (1) An operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer may, for the purpose of verifying compliance with this Part, order any person in charge of a place that is used for any work or activity in respect of which this Part applies or any other place in which that officer has reasonable grounds to believe that there is anything to which this Part applies

(a) to inspect anything in the place;

(b) to pose questions, or conduct tests or monitoring, in the place;

(c) to take photographs or measurements, or make recordings or drawings, in the place;

(d) to accompany or assist the officer while the officer is in the place;

(e) to produce a document or another thing that is in their possession or control, or to prepare and produce a document based on data or documents that are in their possession or control, in the form and manner that the officer may specify;

(f) to provide, to the best of their knowledge, information relating to any matter to which this Part applies, or to prepare and produce a document based on that information, in the form and manner that the officer may specify;

(g) to ensure that all or part of the place, or anything located in the place, that is under their control, not be disturbed for a reasonable period specified by the officer pending the exercise of any powers under this section; and

(h) to remove anything from the place and to provide it to the officer, in the manner that he or she specifies, for examination, testing or copying.

(2) An operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer may, for the purpose of verifying compliance with this Part, and subject to section 189.2, enter a place that is used for any work or activity in respect of which this Part applies or any other place in which that officer has reasonable grounds to believe that there is anything to which this Part applies, and may for that purpose

(a) inspect anything in the place;

(b) pose questions, or conduct tests or monitoring, in the place;

(c) take samples from the place, or cause them to be taken, for examination or testing, and dispose of those samples;

(d) remove anything from the place, or cause it to be removed, for examination, testing or copying;

(e) while at the place, take or cause to be taken photographs or measurements, make or cause to be made recordings or drawings or use systems in the place that capture images or cause them to be used;

(f) use any computer system in the place, or cause it to be used, to examine data contained in or available to it;

(g) prepare a document, or cause one to be prepared, based on data contained in or available to the computer system;

(h) use any copying equipment in the place, or cause it to be used, to make copies;

(i) be accompanied while in the place by any individual, or be assisted while in the place by any person, that the officer considers necessary; and

(j) meet in private with any individual in the place, with the agreement of that individual.

(3) For greater certainty, an officer who has entered a place under subsection (2) may order any individual in the place to do anything described in paragraphs (1)(a) to (h).

(4) Anything removed under paragraph (1)(h) or (2)(d) for examination, testing or copying shall, if requested by the person from whom it was removed, be returned to that person after the examination, testing or copying is completed, unless it is required for the purpose of a prosecution under this Part.

189.1 An operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer, as the case may be, shall provide written reports to the holder of an authorization about anything inspected, tested or monitored, by or on the order of the officer, for the purpose of verifying compliance with this Part, at any place that is used for a work or activity for which the authorization is issued.

189.2 (1) If the place referred to in subsection 189(2) is living quarters

(a) neither a conservation officer nor the Chief Conservation Officer is authorized to enter those quarters for the purpose of verifying compliance with this Part; and

(b) an operational safety officer or the Chief Safety Officer is not authorized to enter those quarters without the consent of the occupant except

(i) to execute a warrant issued under subsection (4), or

(ii) to verify that those quarters, if on a marine installation or structure, as defined in subsection 205.001(1), are in a structur- ally sound condition.

(2) The officer shall provide reasonable notice to the occupant before entering living quarters under subparagraph (1)(b)(ii).

(3) Despite subparagraph (1)(b)(ii), any locker in the living quarters that is fitted with a locking device and that is assigned to the occupant shall not be opened by the officer without the occupant’s consent except under the authority of a warrant issued under subsection (4).

(4) On ex parte application, a justice of the peace may issue a warrant authorizing an operational safety officer who is named in it or the Chief Safety Officer to enter living quarters subject to any conditions specified in the warrant if the justice is satisfied by information on oath that

(a) the living quarters are a place referred to in subsection 189(2);

(b) entry to the living quarters is necessary to verify compliance with this Part; and

(c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused or that consent to entry cannot be obtained from the occupant.

(5) The warrant may also authorize a locker described in subsection (3) to be opened, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that

(a) it is necessary to open the locker to verify compliance with this Part; and

(b) the occupant to whom it is assigned refused to allow it to be opened or there are reasonable grounds to believe that the occupant to whom it is assigned will refuse to allow it to be opened or that consent to opening it cannot be obtained from that occupant.

(6) The officer who executes a warrant issued under subsection (4) shall not use force unless the use of force has been specifically authorized in the warrant.

(7) A warrant may be issued under this section by telephone or other means of telecommunication on information submitted by an operational safety officer or the Chief Safety Officer by one of those means, and section 487.1 of the Criminal Code applies for that purpose, with any modifications that the circumstances require.

(8) In this section, “living quarters” means sleeping quarters provided for employees, as defined in subsection 205.001(1), on a marine installation or structure, as defined in that subsection, and any room for the exclusive use of the occupants of those quarters that contains a toilet or a urinal.

34. Section 190 of the English version of the Act is replaced by the following:

190. The Board shall provide every operational safety officer and conservation officer and the Chief Safety Officer and the Chief Conservation Officer with a certificate of appointment or designation and, on entering any place under the authority of this Part, the officer shall, if so required, produce the certificate to the person in charge of the place.

35. Sections 191 and 192 of the Act are replaced by the following:

191. (1) The owner of, and every person in charge of, a place entered by an operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer under subsection 189(2), and every person found in that place, shall give all assistance that is reasonably required to enable the officer to verify compliance with this Part and provide any documents, data or information that are reasonably required for that purpose.

(2) If the place referred to in subsection 189(2) is a marine installation or structure, as defined in subsection 205.001(1), the person in charge of the marine installation or structure shall provide to the officer, and to every individual accompanying the officer, free of charge,

(a) suitable transportation between the usual point of embarkation on shore and the marine installation or structure, between the marine installation or structure and the usual point of disembarkation on shore, and between marine installations or structures, if the marine installation or structure or marine installations or structures are situated in the offshore area; and

(b) suitable accommodation and food at the marine installation or structure.

192. No person shall obstruct or hinder, or make a false or misleading statement either orally or in writing to, an operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer while the officer is engaged in carrying out his or her duties or functions under this Part.

192.1 (1) On ex parte application, a justice of the peace may issue a warrant if the justice is satisfied by information on oath that there are reasonable grounds to believe that there is in any place anything that will provide evidence or information relating to the commission of an offence under this Part.

(2) The warrant may authorize an operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer, and any other individual named in the warrant, to at any time enter and search the place and to seize anything specified in the warrant, or do any of the following as specified in it, subject to any conditions that may be specified in it:

(a) conduct examinations, tests or monitoring;

(b) take samples for examination or testing, and dispose of those samples; or

(c) take photographs or measurements, make recordings or drawings, or use systems in the place that capture images.

(3) An operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer may exercise the powers described in this section without a warrant if the conditions for obtaining the warrant exist but by reason of exigent circumstances it would not be feasible to obtain one.

(4) Exigent circumstances include circumstances in which the delay necessary to obtain the warrant would result in danger to human life or the environment or the loss or destruction of evidence.

(5) An individual authorized under this section to search a computer system in a place may

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

(b) reproduce or cause to be reproduced any data in the form of a printout or other intelligible output;

(c) seize any printout or other output for examination or copying; and

(d) use or cause to be used any copying equipment at the place to make copies of the data.

(6) Every person who is in charge of a place in respect of which a search is carried out under this section shall, on presentation of the warrant, permit the individual carrying out the search to do anything described in subsection (5).

(7) The person in charge of a marine installation or structure, as defined in subsection 205.001(1), shall provide to an individual who is executing a warrant under this section at the marine installation or structure, free of charge,

(a) suitable return transportation between the marine installation or structure and any location from which transportation services to that marine installation or structure are usually provided, and between marine installations or structures, if the marine installation or structure or marine installations or structures are situated in the offshore area; and

(b) suitable accommodation and food at the marine installation or structure.

(8) A warrant may be issued under this section by telephone or other means of telecommunication on information submitted by an operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer by one of those means, and section 487.1 of the Criminal Code applies for that purpose, with any modifications that the circumstances require.

192.2 (1) A thing seized under this Part may be stored in the place where it was seized or may, at the discretion of an operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer, be removed to any other place for storage. The owner of the thing or the person who is lawfully entitled to possess it shall pay the costs of storage or removal.

(2) If the thing seized is perishable, an operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer may destroy the thing, or otherwise dispose of it in any manner the officer considers appropriate. Any proceeds realized from its disposition shall be paid to the Receiver General.

36. Subsections 193(1) to (4) of the English version of the Act are replaced by the following:

193. (1) If an operational safety officer or the Chief Safety Officer, on reasonable grounds, is of the opinion that continuation of an operation in relation to the exploration or drilling for or the production, conservation, processing or transportation of petroleum in any portion of the offshore area is likely to result in serious bodily injury, the operational safety officer or Chief Safety Officer, as the case may be, may order that the operation cease or be continued only in accordance with the terms of the order.

(2) The officer who makes an order under subsection (1) shall affix at or near the scene of the operation a notice of the order in prescribed form.

(3) An order made by an operational safety officer under subsection (1) expires 72 hours after it is made unless it is confirmed before that time by order of the Chief Safety Officer.

(4) Immediately after an operational safety officer makes an order under subsection (1), they shall advise the Chief Safety Officer accordingly, and the Chief Safety Officer may modify or revoke the order.

37. Section 193.1 of the English version of the Act is replaced by the following:

193.1 An order made by an operational safety officer or the Chief 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.

38. Subsection 193.2(3) of the Act is replaced by the following:

(3) In a prescribed emergency situation, an installation manager’s powers are extended so that they also apply to each person in charge of a vessel, vehicle or aircraft that is at the installation or that is leaving or approaching it.

39. (1) Paragraphs 194(1)(b) and (c) of the Act are replaced by the following:

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

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

(2) Paragraphs 194(1)(e) and (f) of the Act are replaced by the following:

(e) undertakes or carries on a work or activity without an authorization under paragraph 138(1)(b) or without complying with the approvals or requirements, determined by the Board in accordance with the provisions of this Part or granted or prescribed by regulations made under this Part, of an authorization issued under that paragraph; or

(f) fails to comply with a direction, requirement or order of an operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer or with an order of an installation manager or the Committee.

(3) Section 194 of the Act is amended by adding the following after subsection (2):

(3) No person shall be found guilty of an offence under this Part if they establish that they exercised due diligence to prevent the commission of the offence.

40. The Act is amended by adding the following after section 194:

195. (1) If a corporation commits an offence under this Part, any of the following individuals who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted:

(a) an officer, director or agent of the corporation; and

(b) any other individual exercising managerial or supervisory functions in the corporation.

(2) In a prosecution for an offence under this Part, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused, whether or not the employee or agent is identified or has been prosecuted for the offence.

195.1 If an individual is convicted of an offence under this Part on proceedings by way of summary conviction, no imprisonment may be imposed in default of payment of any fine imposed as punishment.

195.2 (1) If a person is convicted of an offence under this Part, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, in addition to any other punishment that may be imposed under this Part, make an order that has any or all of the following effects:

(a) prohibiting the offender from committing an act or engaging in an activity that may, in the opinion of the court, result in the continuation or repetition of the offence;

(b) directing the offender to take any meas- ures that the court considers appropriate to avoid any injury or damage that may result from the act or omission that constituted the offence, or to remedy any injury or damage resulting from it;

(c) directing the offender, at the offender’s own expense, to publish, in any manner that the court directs, the facts relating to the offence;

(d) directing the offender to submit to the Chief Safety Officer, on application by the Chief Safety Officer within three years after the conviction, any information with respect to the offender’s activities that the court considers appropriate in the circumstances;

(e) directing the offender to pay to the Board an amount of money that the court considers appropriate for the purpose of conducting research, education and training in matters related to the protection of the environment, conservation of petroleum resources or safety of petroleum operations;

(f) directing the offender to perform community service, subject to any reasonable conditions that may be imposed by the court;

(g) directing the offender to post a bond or pay an amount of money into court that the court considers appropriate to ensure that the offender complies with any prohibition, direction, requirement or condition that is specified in the order; and

(h) requiring the offender to comply with any conditions that the court considers appropriate in the circumstances for securing the offender’s good conduct and for preventing the offender from repeating the same offence or committing another offence under this Part.

(2) An order made under subsection (1) comes into force on the day on which the order is made or on any other day that the court may determine, but shall not continue in force for more than three years after that day.

(3) If an offender does not comply with an order under paragraph (1)(c) requiring the publication of facts relating to the offence, the Chief Safety Officer may publish the facts and recover the costs of publication from the offender.

195.3 (1) Subject to subsection (2), if a court has made, in relation to an offender, an order under subsection 195.2(1), the court may, on application by the offender or the Chief Safety Officer, require the offender to appear before it and, after hearing the offender and the Chief Safety Officer, vary the order in one or more of the following ways that the court considers appropriate because of a change in the circumstances of the offender since the order was made:

(a) by making changes to any prohibition, direction, requirement or condition that is specified in the order or by extending the time during which the order is to remain in force for any period, not exceeding one year, that the court considers appropriate; or

(b) by decreasing the time during which the order is to remain in force or by relieving the offender, either absolutely or partially or for any period that the court considers appropriate, of compliance with any condition that is specified in the order.

(2) Before making an order under subsection (1), the court may direct that notice be given to any persons that the court considers to be interested and may hear any of those persons.

195.4 If an application made under subsection 195.3(1) in relation to an offender has been heard by a court, no other application may be made under section 195.3 in relation to the offender except with leave of the court.

195.5 If a person is convicted of an offence under this Part and a fine that is imposed is not paid when required or if a court orders an offender to pay an amount under subsection 195.2(1) or 195.3(1), the prosecutor may, by filing the conviction or order, as the case may be, enter as a judgment the amount of the fine or the amount ordered to be paid, and costs, if any, in the Supreme Court of Newfoundland and Labrador, and the judgment is enforceable against the person in the same manner as if it were a judgment rendered against them in that Court in civil proceedings.

41. Section 199 of the Act is replaced by the following:

199. Proceedings by way of summary conviction for an offence under this Part may be instituted at any time within but no later than three years after the day on which the subject-matter of the proceedings arose, unless the prosecutor and the defendant otherwise agree.

42. Section 200 of the French version of the Act is replaced by the following:

43. The Act is amended by adding the following after section 202:

202.1 In any proceedings for an offence under this Part

(a) an information may include more than one offence committed by the same person;

(b) all those offences may be tried concurrently; and

(c) one conviction for any or all offences so included may be made.

44. Section 204 of the French version of the Act is replaced by the following:

45. The Act is amended by adding the following after section 205:

PART III.1

OCCUPATIONAL HEALTH AND SAFETY

Interpretation

205.001 (1) The following definitions apply in this Part.

“authorization” means an authorization issued under paragraph 138(1)(b).

“Chief Safety Officer” means the person designated as the Chief Safety Officer under section 140.

“committee” means a special committee and a workplace committee.

“coordinator” means an employee designated under subsection 205.045(1) to act as an occupational health and safety coordinator.

“declaration” means a declaration referred to in subsection 139.1(1).

“employee” means an individual who, in return for monetary compensation, performs work or services for an employer in respect of a work or activity for which an authorization has been issued.

“employer” means a person who employs or contracts for the services of any individual in respect of a work or activity for which an authorization has been issued, if that person has the power to exercise direction and control over the individual’s work at the workplace.

“hazardous substance” includes a controlled product and any chemical, biological or physical agent that, by reason of a property that the agent possesses, is hazardous to the health or safety of an individual exposed to it.

“health and safety officer” means an occupational health and safety officer or a special officer.

“interest holder” has the same meaning as in section 47.

“marine installation or structure”

(a) includes

(i) any ship, including any ship used for construction, production or diving or for geotechnical or seismic work,

(ii) any offshore drilling unit, including a mobile offshore drilling unit,

(iii) any production platform, subsea installation, pipeline as defined in section 135, pumping station, living accommodation, storage structure or loading or landing platform, and

(iv) any other work, or work within a class of works, prescribed under paragraph (4)(a); but

(b) does not include

(i) any vessel, including any supply vessel, standby vessel, shuttle tanker or seismic chase vessel, that provides any supply or support services to a ship, installation, structure, work or anything else described in paragraph (a), unless the vessel is within a class of vessels that is prescribed under paragraph (4)(b), or

(ii) any ship or vessel within a class of ships or vessels prescribed under paragraph (4)(c).

“Newfoundland and Labrador social legislation” means the provisions of the following Acts, as those Acts are amended from time to time: the Communicable Diseases Act, R.S.N.L. 1990, c. C-26, the Food and Drug Act, R.S.N.L. 1990, c. F-21, the Health and Community Services Act, S.N.L. 1995, c. P-37.1, the Human Rights Act, 2010, S.N.L. 2010, c. H-13.1, the Labour Standards Act, R.S.N.L. 1990, c. L-2, the Public Safety Act, S.N.L. 1996, c. P-41.01, the Radiation Health and Safety Act, R.S.N.L. 1990, c. R-1, and the Workplace Health, Safety and Compensation Act, R.S.N.L. 1990, c. W-11.

“occupational health and safety officer” means an individual designated by the Federal Minister under section 205.071.

“operator” means a person who holds an authorization.

“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 any entity in which the person has vested all or any part of their right, title or interest.

“passenger craft” means any aircraft or vessel used to transport employees to or from a workplace while — and immediately before — it is transporting them.

“person” includes individuals, corporations and partnerships.

“personal protective equipment” includes personal protective clothing, personal protective devices and personal protective materials.

“provider of services” means a person who, for commercial gain,

(a) provides services related to the placement with an operator or employer of individuals who, in return for monetary compensation, perform work or services for the operator or employer at a workplace; or

(b) provides services that affect or could affect the health or safety of employees or other individuals at a workplace or on a passenger craft, including engineering serv- ices, architectural services, the services of a certifying authority referred to in subsection 139.2(6), or the services of any person who provides information or advice, issues a certificate or affixes a professional seal or stamp.

“provincial labour relations board” means the Labour Relations Board continued under the Labour Relations Act, R.S.N.L. 1990, c. L-1, as amended from time to time.

“Provincial Minister” means the minister of the government of the Province who is responsible for occupational health and safety.

“special committee” means a special committee established under section 205.046.

“special officer” means an individual designated under section 205.072.

“supervisor” means an employee who is in charge of a workplace or part of a workplace or who has authority over other employees.

“supplier” means a person who, for commercial gain, manufactures, supplies, sells, leases, distributes or installs any tool, equipment, machine or device, any biological, chemical, or physical agent or any other prescribed thing, to be used at a workplace or on a passenger craft.

“union” means a trade union as defined in the Labour Relations Act, R.S.N.L. 1990, c. L-1, as amended from time to time, that has the status of a bargaining agent under that Act in respect of any bargaining unit at a workplace, or any organization representing employees that has exclusive bargaining rights under any other Act of the Legislature of the Province in respect of those employees.

“workplace” means

(a) any marine installation or structure where an employee is employed in connection with a work or activity for which an authorization has been issued;

(b) any workboat used by an employee, and operated from a marine installation or structure, to perform routine maintenance or repair work in connection with a work or activity for which an authorization has been issued; and

(c) any dive site from which, and any underwater area at which, a diving operation is conducted by an employee in connection with a work or activity for which an authorization has been issued.

“workplace committee” means a workplace committee established under section 205.043.

(2) In this Part, “controlled product”, “hazard symbol”, “Ingredient Disclosure List”, “label” and “material safety data sheet” have the same meanings as in section 2 and subsection 11(1) of the Hazardous Products Act. Subsection 11(2) of that Act also applies for the purposes of this Part.

(3) Subject to section 7 and on the recommendation of the Federal Minister and the Minister of Labour, the Governor in Council may make regulations

(a) defining “danger”, “dive site”, “diving operation” and “incident” for the purposes of this Part; and

(b) amending the definition “Newfoundland and Labrador social legislation” in subsection (1) to add any Act of the Legislature of the Province or to remove any Act from the definition.

(4) Subject to section 7 and on the recommendation of the Federal Minister, the Minister of Labour and the Minister of Transport, the Governor in Council may make regulations

(a) prescribing a work or a class of works for the purposes of subparagraph (a)(iv) of the definition “marine installation or structure” in subsection (1);

(b) prescribing a class of vessels for the purposes of subparagraph (b)(i) of the definition “marine installation or structure” in subsection (1); and

(c) prescribing a class of ships or vessels for the purposes of subparagraph (b)(ii) of the definition “marine installation or structure” in subsection (1).

(5) For the purposes of sections 205.005, 205.007 and 205.008, an employee is deemed to be at a workplace within the offshore area while — and immediately before — the employee is being transported on a passenger craft between the last point of embarkation on shore and the workplace, between the workplace and the first point of disembarkation on shore, or between workplaces.

Her Majesty

205.002 This Part is binding on Her Majesty in right of Canada or a province.

Application

205.003 (1) This Part applies to and in respect of a workplace that is situated within the offshore area for the purposes 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 and other passengers while — and immediately before — being transported on a passenger craft between the last point of embarkation on shore and the workplace, between the workplace and the first point of disembarkation on shore, or between workplaces.

205.004 Despite subsections 123(1) and 168(1) of the Canada Labour Code and any other Act of Parliament, Parts II and III of the Canada Labour Code do not apply to and in respect of a workplace that is situated within the offshore area for the purposes of the exploration or drilling for — or the production, conservation or processing of — petroleum within the offshore area.

205.005 The Canadian Human Rights Act does not apply to or in respect of a workplace that is situated within the offshore area for the purposes of the exploration or drilling for — or the production, conservation or processing of — petroleum within the offshore area.

205.006 The Non-smokers’ Health Act does not apply to or in respect of a workplace that is situated within the offshore area for the purposes of the exploration or drilling for — or the production, conservation or processing of — petroleum within the offshore area.

205.007 (1) Newfoundland and Labrador social legislation and any regulations made under it apply to and in respect of a workplace that is situated within the offshore area for the purposes of the exploration or drilling for — or the production, conservation or processing of — petroleum within the offshore area.

(2) In the event of an inconsistency or conflict between the provisions of this Act, or any regulations made under it, and the provisions of Newfoundland and Labrador social legislation or any regulations made under that legislation, the provisions of this Act and the regulations made under it prevail to the extent of the inconsistency or conflict.

205.008 (1) Despite section 4 of the Canada Labour Code and any other Act of Parliament, the provisions of the Labour Relations Act, R.S.N.L. 1990, c. L-1, as amended from time to time, and any regulations made under it, apply to and in respect of

(a) a marine installation or structure that is situated within the offshore area in connection with the exploration or drilling for — or the production, conservation or processing of — petroleum within the offshore area and that is in the offshore area for the purpose of becoming, or that is, permanently attached to, permanently anchored to or permanently resting on the seabed or subsoil of the submarine areas of the offshore area;

(b) any workboat used by an employee, and operated from a marine installation or structure, to perform routine maintenance or repair work in connection with a work or activity for which an authorization has been issued; and

(c) a dive site from which, and any underwater area at which, a diving operation is conducted by an employee in connection with a work or activity for which an authorization has been issued.

(2) Part I of the Canada Labour Code applies to and in respect of a marine installation or structure that is situated within the offshore area in connection with the exploration or drilling for — or the production, conservation or processing of — petroleum within the offshore area if subsection (1) does not apply to or in respect of the marine installation or structure.

Purpose

205.009 (1) The purpose of this Part is to prevent accidents and injury arising out of, linked to 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 Board and the persons, unions and committees having obligations under this Part; and

(b) establishing a framework for them to exercise their rights and carry out their obligations.

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

Allocation of Responsibility

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

(a) operators have overall responsibility; and

(b) operators, employers, suppliers, provid- ers of services, employees, supervisors, owners and interest holders have individual and shared responsibilities, and are responsible for cooperating with each other and coordinating their activities related to occupational health and safety.

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

Duties of Operators

205.011 (1) Every operator shall develop an occupational health and safety policy governing its workplaces.

(2) The policy shall be set out in writing and contain

(a) the commitments of the operator related to occupational health and safety, including its commitment to cooperate with employees with regard to health and safety;

(b) the responsibilities of the employers at any of the operator’s workplaces related to occupational health and safety; and

(c) any prescribed requirements.

(3) The operator shall review the policy at least every three years in consultation with each workplace committee that it establishes and with each employer at any of the operator’s workplaces.

205.012 Every operator shall take all reasonable measures to ensure the health and safety of all employees and other individuals at its workplaces and of all employees or other passengers while — and immediately before — being transported on a passenger craft to or from any of those workplaces.

205.013 Every operator shall, in respect of each of its workplaces,

(a) ensure the coordination of all work and activities for which an authorization has been issued to the operator;

(b) comply with its occupational health and safety management system, and ensure that all employers, supervisors and employees at, owners of and providers of services to the workplace comply with that system;

(c) ensure that information necessary for the health and safety of employees and other individuals at the workplace is communicated to them;

(d) ensure that all employers, supervisors and employees at, owners of and suppliers and providers of services to the workplace comply with the provisions of this Part and the regulations made under this Part;

(e) ensure that each employee at the workplace is made aware of known or foreseeable health or safety hazards;

(f) ensure that all work and activities for which an authorization has been issued are conducted so as to minimize the exposure to hazards, including hazardous substances, of all employees and other individuals at the workplace;

(g) ensure that any installations, facilities, equipment and materials at the workplace are properly installed, stored and maintained and are safe for their intended use;

(h) ensure that all employees and other individuals at the workplace conduct themselves so as to minimize their exposure to hazards, including hazardous substances;

(i) ensure that all employees and other individuals at the workplace are provided with the facilities and personal protective equipment — including any that are pre- scribed — necessary for their health and safety;

(j) ensure that all employees and other individuals at the workplace are provided with the information and training — including any that are prescribed — required for the proper use of personal protective equipment that is prescribed or that is required by the operator to be used or worn;

(k) ensure that all employees and other individuals at the workplace are provided with the instruction, training and supervision — including any that are prescribed — necessary for their health and safety;

(l) comply with the occupational health and safety requirements of any authorization issued to them, and those undertaken in the declaration related to the authorization, and record all instances of failures to comply with those requirements as well as any measures taken to rectify the failure or to prevent further such failures;

(m) ensure that all employers, supervisors and employees at, owners of and providers of services to the workplace comply with the occupational health and safety requirements of any authorization related to that workplace that is issued to the operator, and those undertaken in the declaration related to the authorization, and report any instances of failures to comply with those requirements to the operator;

(n) inform the relevant interest holders of the occupational health and safety requirements of any authorization related to that workplace that is issued to the operator, and those undertaken in the declaration related to the authorization, and of any failure to comply with those requirements;

(o) ensure that members of committees established for the workplace are provided with the support, opportunities and training — including any that are prescribed — necessary to enable the members to fulfil their duties and functions as a member of the committee;

(p) cooperate with those committees and facilitate communications between the employees and the committees;

(q) ensure that all or part of the workplace as described in paragraphs (a) and (b) of the definition “workplace” in subsection 205.001(1) is inspected by or on behalf of the operator at least once a month, so that every part of that workplace is inspected at least once a year, and ensure that the workplace committee participates;

(r) ensure that a record is kept of each inspection referred to in paragraph (q), including any corrective action taken as a consequence; and

(s) cooperate with the Board and with persons carrying out duties or functions under this Part.

205.014 (1) Every operator shall, each time before employees or other passengers are transported on a passenger craft to or from any of its workplaces,

(a) ensure that the employees and other passengers are provided with any information and instruction — including any that are prescribed — necessary for their health and safety; and

(b) ensure that the employees are provided with the operator’s contact information for the purposes of subsection 205.054(2).

(2) Every operator shall ensure that a passenger craft going to or from any of its workplaces

(a) meets the requirements of any Act or other law that relates to the health or safety of the employees and other passengers on the passenger craft; and

(b) is equipped with any equipment, devices and materials necessary to ensure the health and safety of the employees and other passengers, including any that are prescribed.

(3) Every operator shall ensure that all employees and other passengers on a passenger craft going to or from any of its workplaces

(a) are provided with any personal protective equipment necessary to ensure their health and safety, including any that is prescribed; and

(b) are provided with the information and training — including any that are prescribed — required for the proper use of personal protective equipment provided under paragraph (a) and the equipment, devices and materials referred to in paragraph (2)(b).

205.015 (1) Every operator shall develop, implement and maintain an occupational health and safety management system that fosters a culture of workplace safety and that is adapted to the circumstances of the work or activity specified in each authorization issued to the operator, for the purposes of

(a) implementing its occupational health and safety policy;

(b) ensuring that the provisions of this Part and the regulations made under this Part are complied with; and

(c) complying with the occupational health and safety requirements of each of those authorizations, and those undertaken in a declaration related to any of those authorizations.

(2) The system shall be set out in writing and include provisions regarding

(a) the management of risks to the health and safety of employees — including any prescribed risks — and 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;

(b) the role of any committee established for any of the operator’s workplaces and the interaction between those committees;

(c) the roles and accountability of the employers, employees, providers of serv- ices and suppliers that are responsible for implementing the operator’s occupational health and safety policy and occupational health and safety management system;

(d) the allocation of sufficient resources to ensure that employees continue to be qualified and competent, that there is proper quality control of documents, facilities, equipment and materials and that there is effective cooperation among employers;

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

(f) the procedures for dealing with failures to comply with the system and the procedures for the reporting and investigating of occupational diseases and of accidents, incidents and other hazardous occurrences and the keeping of related records 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 the improvements identified during the audit referred to in paragraph (g).

(3) The operator shall review the system at least every three years in consultation with each workplace committee that it establishes.

(4) If the regulations establish requirements in respect of anything described in any of paragraphs (2)(a) to (h), the system shall meet the requirements of those regulations.

205.016 (1) The Chief Safety Officer may, in writing, require an operator to establish a code of practice in respect of occupational health and safety, or to adopt a code of practice in respect of occupational health and safety that is specified by the Chief Safety Officer, in respect of

(a) any of its workplaces or any work or activity carried out at any of its workplaces; or

(b) the transportation of employees to or from any of its workplaces.

(2) The code of practice may be revised by the Chief Safety Officer from time to time, or the Chief Safety Officer may require the operator to revise it from time to time.

205.017 (1) Every operator shall, as soon as it becomes known to the operator, notify the Chief Safety Officer of

(a) any occupational disease at any of its workplaces; or

(b) any accident, incident or other hazardous occurrence at any of its workplaces, or on a passenger craft going to or from any of those workplaces, that causes a death or serious injury or in which a death or serious injury is narrowly avoided.

(2) Every operator shall investigate any occupational disease, or any accident, incident or other hazardous occurrence, described in paragraph (1)(a) or (b) and shall keep adequate records of its investigation — including any records that are prescribed — for the period that is prescribed.

(3) An operator shall, no later than April 1 of each year, submit to each workplace committee that it establishes, to the Chief Safety Officer and, on request, to any special committee established for any of its workplaces, a written report for the immediately preceding calendar year, in a form determined by that Officer.

(4) The report shall set out data on all occupational diseases, and all accidents, incidents and other hazardous occurrences, that have occurred at any of the operator’s workplaces or on a passenger craft going to or from any of those workplaces during the calendar year covered by the report, including the number of deaths, the number of serious injuries and the number of minor injuries.

(5) In this section, “serious injury” means an injury that

(a) results in the loss by an individual of a body member or part of a body member or in the complete loss by an individual of the usefulness of a body member or part of a body member;

(b) results in the permanent impairment of a body function of an individual; or

(c) prevents an employee from reporting for work or from effectively performing all the functions connected with their regular work on any day subsequent to the day on which the injury occurred, whether or not that subsequent day is a working day for them.

Duties of Employers

205.018 Every employer shall take all reasonable measures to ensure

(a) the health and safety of its employees and other individuals at a workplace under its control;

(b) the health and safety of its employees at a workplace that is not under its control, to the extent that it controls their activities at the workplace; and

(c) the health and safety of its employees while — and immediately before — they are transported on a passenger craft.

205.019 (1) Every employer shall, in respect of each workplace under its control, and in respect of any activity performed by any of its employees at a workplace that is not under its control, to the extent that it controls the activity,

(a) coordinate its undertaking with the work and activities of the operator and of any other employer at the workplace who may be affected by that undertaking;

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

(c) determine, in consultation with the operator, the impact of its undertaking on occupational health and safety and ensure that other employers at the workplace who may be affected by that undertaking are provided with adequate information;

(d) communicate to its employees — and, in respect of a workplace under its control, to other individuals at the workplace — all information necessary to their health and safety, or ensure that the information is communicated to them;

(e) ensure that its employees comply with the provisions of this Part and the regulations made under this Part;

(f) ensure that each of its employees, and particularly each supervisor, is made aware of known or foreseeable health or safety haz- ards;

(g) ensure that its undertaking is conducted so as to minimize its employees’ exposure to hazards and, in respect of any other individ- uals at a workplace under its control, to minimize their exposure to hazards;

(h) provide to its employees, and, in respect of a workplace under its control, to other individuals at the workplace, the facilities and personal protective equipment — including any that are prescribed — necessary for their health and safety;

(i) provide to its employees, and, in respect of a workplace under its control, to other individuals at the workplace, the information and training — including any that are prescribed — required for the proper use of all personal protective equipment that is prescribed or that is required by the operator or employer to be used or worn;

(j) provide its employees with the instruction, training and supervision — including any that are prescribed — necessary for their health and safety;

(k) ensure that the occupational health and safety requirements of any authorization related to the workplace are complied with;

(l) record and report to the operator all instances of failures to comply with the provisions of this Part or of the regulations made under this Part, or with the occupational health and safety requirements of any authorization related to the workplace;

(m) ensure that all equipment, machines, devices, materials and other things at the workplace are properly installed, stored and maintained, are safe for their intended use and are used as intended;

(n) cooperate with and facilitate communication with committees established for the workplace;

(o) provide to members of any special committee it establishes for the workplace the support, opportunities and training — including any that are prescribed — necessary to enable the members to fulfil the duties and functions conferred on the committee;

(p) ensure that all or part of the workplace as described in paragraphs (a) and (b) of the definition “workplace” in subsection 205.001(1) under its control is inspected by it or on its behalf at least once a month, so that every part of that workplace is inspected at least once a year, and ensure that the workplace committee participates; and

(q) cooperate with the Board and with persons carrying out duties or functions under this Part.

(2) An employee who, with the approval of their employer, is receiving training that is required under this Part shall be paid the same wages and granted the same benefits that the employee would have received had they been working.

205.02 (1) For the purpose of implementing the operator’s occupational health and safety policy, every employer shall, in consultation with the workplace committee, develop, implement and maintain, in respect of each workplace under the employer’s control, an occupational health and safety program that fosters a culture of workplace safety, if

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

(b) the program is required by the Chief Safety Officer; or

(c) the requirement for such a program is prescribed.

(2) The program shall be set out in writing and include provisions regarding

(a) the management of risks to the health and safety of the employees — including any prescribed risks — and 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;

(b) the training and supervision of the employees that are necessary to ensure their health and safety and that of other individuals at the workplace;

(c) the establishment of special committees, the operation of workplace committees and special committees, the access by committees to a level of management with authority to resolve occupational health and safety matters and the information required under this Part to be maintained in relation to those committees;

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

(e) the roles and accountability of the employers, employees, providers of services and suppliers that are responsible for implementing the operator’s occupational health and safety policy;

(f) the procedures, including those required under this Part, to be followed to protect the employees’ health and safety, and the identification of the types of work to which those procedures apply;

(g) the procedures to be followed to deal with

(i) failures to comply with the program and with the reporting and investigating of occupational diseases, and of accidents, incidents and other hazardous occurrences, at the workplace, and

(ii) 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 meet the requirements of 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 the improvements identified during the audit referred to in paragraph (h).

(3) If the regulations establish requirements in respect of anything described in any of paragraphs (2)(a) to (i), the program shall meet the requirements of those regulations.

205.021 (1) The Chief Safety Officer may, in writing, require an employer to establish, in respect of a workplace under the employer’s control or any work or activity carried out at any of those workplaces, a code of practice in respect of occupational health and safety, or to adopt, in respect of such a workplace, work or activity, a code of practice in respect of occupational health and safety that is specified by the Chief Safety Officer.

(2) The code of practice may be revised by the Chief Safety Officer from time to time, or the Chief Safety Officer may require the employer to revise it from time to time.

205.022 Subject to any exceptions that are prescribed, every employer shall, in respect of each workplace under its control, and in respect of any activity performed by any of its employees at a workplace that is not under its control, to the extent that it controls the activity,

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

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

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

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

(e) subject to the Hazardous Materials Information Review Act, make available to every employee at the workplace, in the manner that is 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 of its ingredients 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 at the workplace and the concentration of that ingredient,

(iv) the chemical identity of any ingredient of the controlled product whose toxicolog- ical properties are not known to the employer and the concentration of that ingredient, and

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

(f) if employees at the workplace may be exposed to hazardous substances, investigate and assess the potential exposure in the manner that is prescribed, with the assistance of the workplace committee or the coordinator, as the case may be; and

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

205.023 (1) Every employer shall, in respect of each workplace under its control, and in respect of an activity performed by any of its employees at a workplace that is not under its control, to the extent that it controls the activity, provide, in respect of any controlled product to which an employee may be exposed, as soon as the circumstances permit, any information referred to in paragraph 205.022(e) that is in the employer’s possession to any physician — or other medical professional that is prescribed — 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 medical professional that is prescribed — 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.