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

Marginal note:No action against health and safety officer

205.091 No action lies against

• (a) a health and safety officer for anything done or omitted to be done by them in good faith while carrying out their duties or functions under this Part; or

• (b) an individual accompanying or a person assisting a health and safety officer for anything done or omitted to be done by them in good faith while carrying out their duties or functions under this Part.

Orders and Decisions

Marginal note:Order to terminate contravention

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

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

• (b) take measures specified by the officer, within the period that they specify, to ensure that the contravention does not continue or reoccur.

Marginal note:Dangerous situations — order

• 205.093 (1) If a health and safety officer is of the opinion that the performance of an activity — including the use or operation of any thing or the conditions under which an activity is performed — constitutes a danger to an employee or other individual at a workplace or a passenger on a passenger craft, the officer shall order any person to take measures, immediately or within the period that the officer specifies

  • (a) to correct the hazard or condition, or to alter the activity, that constitutes the danger; or

  • (b) to protect any individual from the danger.

• Marginal note:Dangerous situations — additional order

  (2) If a health and safety officer is of the opinion that the measures cannot be taken immediately, the officer may order any person not to use a place, operate a thing or perform an activity to which an order under subsection (1) relates until that order is complied with.

• Marginal note:Necessary measures

  (3) Nothing in subsection (2) prevents the doing of anything necessary to comply with the order under subsection (1).

• Marginal note:Posting notice of danger

  (4) If a health and safety officer makes an order under subsection (2), the officer shall post or affix or cause to be posted or affixed to or near the place or thing to which the order relates, or in the area in which the activity to which the order relates is performed, a notice in the form, and containing the information, that the officer may specify, and no person shall remove the notice unless they are authorized by a health and safety officer to do so.

• Marginal note:Cessation of use

  (5) If a health and safety officer makes an order under subsection (2), the person to whom the order is directed shall cause the use or operation of the place or thing or the performance of the activity to be discontinued, and no individual shall use or operate the place or thing or perform the activity until the order under subsection (1) is complied with.

Marginal note:Copy of order

• 205.094 (1) A health and safety officer shall give a copy of any order they make under section 205.092 or subsection 205.093(1) or (2) to the person to whom it is directed and to the operator to whom the order relates. If a special officer makes the order, they shall give a copy of it to the Chief Safety Officer also.

• Marginal note:Copy to affected employee

  (2) If an occupational health and safety officer makes an order under section 205.092 or subsection 205.093(1) or (2) as a result of being notified under subsection 205.049(4), 205.05(6) or 205.054(6), or decides after being so notified not to make an order, the officer shall, as soon as possible, give a copy of the order, or written notice of the decision, to the employee who made the report under subsection 205.049(1) or who exercised their rights under section 205.05 or 205.054.

• Marginal note:Confirmation in writing

  (3) If an order is made orally under section 205.092 or subsection 205.093(1) or (2), it shall be confirmed in writing and a copy given, as soon as possible, to the persons who, under subsections (1) and (2), are required to be given a copy.

• Marginal note:When order may be made

  (4) A health and safety officer may make an order under section 205.092 or subsection 205.093(1) or (2) even if the officer is not physically present in the place to which the order refers.

Marginal note:Compliance notice

205.095 The person to whom an order under section 205.092 or subsection 205.093(1) or (2) is directed shall, within the period specified in the order, submit to the health and safety officer a notice of compliance describing the extent to which they have complied with the order, unless the officer decides that the notice is not necessary because compliance with the order has been achieved.

Marginal note:Priority — special officer

• 205.096 (1) An order made by a special officer prevails over an order made by an occupational health and safety officer, the Chief Safety Officer, an operational safety officer, a conservation officer or the Chief Conservation Officer, as defined in section 135, to the extent of any inconsistency between the orders.

• Marginal note:Priority — occupational health and safety officer

  (2) An order or a decision made by an occupational health and safety officer prevails over an order or a decision made by an operational safety officer, a conservation officer or the Chief Conservation Officer, as defined in section 135, to the extent of any inconsistency between the orders or decisions.

Posting and Providing of Certain Documents

Marginal note:Duty of operator or employer

• 205.097 (1) Subject to subsections (2) and (3), every operator or employer, as the case may be, shall, as soon as practicable after filing or receiving any of the following documents, post a copy of it in a prominent location at the workplace to which it relates and provide a copy of it to the workplace committee or the coordinator, as the case may be:

  • (a) an order made under section 205.092 or subsection 205.093(1) or (2);

  • (b) a notice of compliance referred to in section 205.095;

  • (c) an application for a review made under subsection 205.098(1) or a decision made under subsection 205.099(1); or

  • (d) an application for a determination made under subsection 205.1(2) or a decision or order made under subsection 205.1(6).

• Marginal note:Editing of document — trade secrets

  (2) If any document required to be posted under subsection (1) contains a trade secret, the operator or employer, as the case may be, may, before posting it, edit it to protect that trade secret. If the document is edited, the operator or employer shall obtain the written approval of a health and safety officer for the document as edited before posting it.

• Marginal note:Editing of document — medical and other information

  (3) If any document required to be posted under subsection (1) contains information relating to the medical history of an identifiable individual or other prescribed information relating to an identifiable individual, the operator or employer, as the case may be, shall — unless the individual to whom the information relates consents in writing to the information being posted — before posting it, edit it to protect that information, and obtain the written approval of a health and safety officer for the document as edited.

• Marginal note:Obligation to post satisfied

  (4) An obligation imposed on an operator or employer under subsection (1) is satisfied if

  • (a) the operator or employer, as the case may be, ensures that the document is posted for the time necessary, which is at least 30 days or any longer period that is prescribed, to enable employees at the workplace to inform themselves of the content; or

  • (b) the operator or employer, as the case may be, provides a copy of the document to each employee at the workplace.

Review and Appeals

Marginal note:Review

• 205.098 (1) Subject to subsection (2), any person who is, or any union representing employees who are, directly affected by a decision of an occupational health and safety officer under subsection 205.05(10) or 205.054(10), or by an order of an occupational health and safety officer under section 205.092 or subsection 205.093(1) or (2), may apply for a review by the Chief Safety Officer of the decision or order.

• Marginal note:Exception

  (2) If the Chief Safety Officer, acting as an occupational health and safety officer, makes a decision under subsection 205.05(10) or 205.054(10) or an order under section 205.092 or subsection 205.093(1) or (2), he or she is not permitted to review those decisions or orders.

• Marginal note:Time limit

  (3) An application for a review shall be made in writing to the Chief Safety Officer within 45 days after the date of the decision or order that is the subject of the review being made in writing or, if the decision or order was made orally, of it being confirmed in writing.

• Marginal note:No stay

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

Marginal note:Decision

• 205.099 (1) On receiving an application for a review, the Chief Safety Officer shall, in a summary way and without delay, enquire into the circumstances of the decision or order and may confirm, vary or revoke the decision or order. In making his or her enquiry, the Officer may consider new information including, but not limited to, information provided by the applicant.

• Marginal note:Review not prevented

  (2) The Chief Safety Officer is not prevented from conducting a review by reason only that he or she, in the course of carrying out his or her duties and functions under this Part, receives information regarding the matter under review or communicates with any person concerning that matter.

• Marginal note:Communication of decision

  (3) The Chief Safety Officer shall provide his or her decision in writing, with reasons, to the applicant, to the operator affected by it and to any person who made representations in relation to the matter under review.

• Marginal note:Effect of decision

  (4) A decision of the Chief Safety Officer made under this section that is not appealed is final and binding and not subject to review.

Marginal note:Appeal

• 205.1 (1) Any person who is, or any union representing employees who are, directly affected by any of the following decisions or orders may appeal the decision or order to the provincial labour relations board:

  • (a) an order of a special officer under section 205.092 or subsection 205.093(1) or (2);

  • (b) an order of the Chief Safety Officer referred to in subsection 205.046(1) or (2) or 205.098(2); or

  • (c) a decision of the Chief Safety Officer under subsection 205.099(1).

• Marginal note:Time limit

  (2) An appeal shall be made by filing an application for a determination of the matter under the Provincial Labour Relations Act within 45 days after the date of the decision or order that is the subject of the appeal.

• Marginal note:No stay

  (3) Unless otherwise ordered by the provincial labour relations board, an appeal of a decision or order does not operate as a stay of the decision or order.

• Marginal note:Chief Safety Officer

  (4) The Chief Safety Officer may make representations to the provincial labour relations board in respect of the decision or order being appealed and that board may impose any conditions on the representations that it considers appropriate.

• Marginal note:Conduct of appeal

  (5) The rules of practice and procedure that apply to applications for the determination of a matter made under the Provincial Labour Relations Act apply to appeals made under subsection (1).

• Marginal note:Decision

  (6) The provincial labour relations board may revoke, or make an order confirming or varying, the decision or order being appealed, and may make any order that a health and safety officer has the power or duty to make under subsection 205.093(1) or (2) if it is related to the subject-matter of the decision or order being appealed and that board is satisfied that the danger still exists.

• Marginal note:Costs

  (7) The costs incurred by the provincial labour relations board in respect of an appeal made under subsection (1), including the remuneration of its members, shall be paid by the Board as defined in section 2.

• Marginal note:Requirement to give copies to operator, etc.

  (8) If the provincial labour relations board makes a decision or order under subsection (6), and an employer is required to receive a copy of the decision or order under the Provincial Labour Relations Act, the operator and Chief Safety Officer shall receive a copy of it as well.

• Marginal note:Powers, privileges and immunities

  (9) The provincial labour relations board and each of its members has the powers, privileges and immunities granted by the Provincial Labour Relations Act.

• Marginal note:Cessation of use

  (10) If the provincial labour relations board makes an order that a health and safety officer has the power or duty to make under subsection 205.093(2) in respect of a place, thing or activity, the person to whom the order is directed shall cause the use or operation of the place or thing or the performance of the activity to be discontinued, and no individual shall use or operate the place or thing or perform the activity until the measures ordered by that board have been taken.

• Marginal note:Non-application of Federal Courts Act

  (11) For the purposes of the Federal Courts Act, the provincial labour relations board, when exercising jurisdiction or powers under this section, is not a federal board, commission or other tribunal as defined in subsection 2(1) of that Act.

Marginal note:Compensation of employees

205.101 Time spent by an employee attending proceedings under section 205.1 as a party, or as a witness as a result of a summons, is considered to be work time for which the employee shall be paid the same wages and granted the same benefits that the employee would have received had they worked for that time.

Marginal note:Non-application of Federal Courts Act

205.102 For the purposes of the Federal Courts Act, neither the Board, the Chief Safety Officer nor a health and safety officer, when exercising or purporting to exercise jurisdiction or powers conferred on them under this Part, is a federal board, commission or other tribunal as defined in subsection 2(1) of that Act.

Enforcement of Orders

Marginal note:Supreme Court of Newfoundland and Labrador

• 205.103 (1) An order made under any of subsections 205.062(1) to (3) or 205.1(6) 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.

• Marginal note:Procedure for enforcement

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

• Marginal note:When order rescinded or replaced

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