Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act

Marginal note:Special officers

• 210.073 (1) If the Provincial Minister is satisfied that the circumstances described in paragraphs (a) and (b) exist and he or she appoints an individual as a special officer under the Provincial Act in relation to a matter connected to the risk described in paragraph (a), the Federal Minister may, after being advised of that appointment, and subject to subsection (2), designate that individual as a special officer for the purposes of the administration and enforcement of this Part in relation to the same matter:

  • (a) there are reasonable grounds to believe that action by a special officer is required to avoid a serious risk to the health and safety of employees in the offshore area within the near future; and

  • (b) the risk cannot be avoided through the exercise of powers conferred under subsection 41(2) or section 210.121 or 210.122.

• Marginal note:Restriction

  (2) The Federal Minister may designate the individual only if he or she, after consulting with the Minister of Labour, is satisfied that the circumstances described in paragraphs (1)(a) and (b) exist and that the individual is qualified to exercise the powers and carry out the duties and functions of a special officer under this Part.

• Marginal note:Notice of designation

  (3) The Federal Minister shall, without delay after making a designation, notify the Provincial Minister in writing that the designation has been made and provide a copy to the Board.

• Marginal note:Certificate to be produced

  (4) The individual shall be provided with a certificate of designation and, on entering any place under the authority of this Part, shall, if so requested, produce the certificate to the person in charge of the place.

• Marginal note:No liability

  (5) No action lies against the Board for anything done or omitted to be done by an individual designated under subsection (1) while carrying out their duties or functions, or by any person in the course of assisting such an individual.