Canada–Newfoundland and Labrador Atlantic Accord Implementation Act (S.C. 1987, c. 3)

RELATED PROVISIONS

• — 2014, c. 13, s. 53, as amended by 2018, c. 27, s. 179

  • Canada–Newfoundland and Labrador Atlantic Accord Implementation Act  — transitional regulations

    • 53 (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 205.124(1) of the Canada–Newfoundland and Labrador Atlantic 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–Newfoundland and Labrador Offshore Marine Installations and Structures Occupational Health and Safety Transitional Regulations; and

      • (b) a document entitled Canada–Newfoundland and Labrador Offshore Marine Installations and Structures Transitional Regulations.

    • Canada–Newfoundland and Labrador Atlantic Accord Implementation Act  — transitional regulations

      (2) If a document entitled Canada–Newfoundland and Labrador 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 205.001(3)(a) and subsection 205.124(1) of the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act and, despite section 9 of the Statutory Instruments Act, to have come into force on that day; and

      • (b) the Newfoundland Offshore Area Petroleum Diving Regulations are repealed.

    • Approval of provincial ministers

      (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 Newfoundland and Labrador who is responsible for occupational health and safety has approved them and, in the case of a document entitled Canada–Newfoundland and Labrador Offshore Area Diving Operations Safety Transitional Regulations, that provincial minister and the minister designated by that government as the provincial minister for the purposes of the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act, have approved it.

    • Copies to Clerk

      (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.

    • Repeal

      (5) Unless repealed on an earlier date, the Canada–Newfoundland and Labrador Offshore Marine Installations and Structures Occupational Health and Safety Transitional Regulations,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and the Canada–Newfoundland and Labrador Offshore Area Diving Operations Safety Transitional Regulations are repealed on the expiry of six years after the day on which this section comes into force.

• — 2014, c. 13, s. 53.1, as amended by 2021, c. 10, par. 3(b)

  • Revival of transitional regulations

    • 53.1 (1) The Canada–Newfoundland and Labrador Offshore Marine Installations and Structures Occupational Health and Safety Transitional Regulations, the Canada–Newfoundland and Labrador Offshore Marine Installations and Structures Transitional Regulations and the Canada–Newfoundland and Labrador Offshore Area Diving Operations Safety Transitional Regulations, as they read immediately before they were repealed on December 31, 2020, are revived on January 1, 2021.

    • Repeal

      (2) The regulations that are revived under subsection (1) are repealed on December 31, 2021, unless they are repealed on an earlier date following their revival under this section.

    • Offences

      (3) No person shall be convicted of an offence under a provision of a regulation revived under subsection (1) if the offence was committed during the period beginning on January 1, 2021 and ending on the day before the day on which this section comes into force.

• — 2014, c. 13, s. 54

  • Chief Safety Officer powers

    • 54 (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–Newfoundland and Labrador Offshore Marine Installations and Structures Occupational Health and Safety Transitional Regulations, the Canada–Newfoundland and Labrador Offshore Marine Installations and Structures Transitional Regulations or the Canada–Newfoundland and Labrador 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.

    • No contravention

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

    • Application

      (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.

    • Public notice

      (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.

    • Notice at workplace, etc.

      (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.

    • Decision

      (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.

    • Reconsideration of decision

      (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.

    • Same meaning

      (8) Words and expressions used in this section have the same meaning as in subsection 205.001(1) of the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act.