Canada–Newfoundland and Labrador Atlantic Accord Implementation Act

Marginal note:Power of operational safety officer

• 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.

• Marginal note:Notice

  (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.

• Marginal note:Expiry of order

  (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.

• Marginal note:Modification or revocation

  (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.

• Marginal note:Reference to provincial court judge

  (5) The person carrying out the operation to which an order under subsection (1) makes reference or any person having a pecuniary interest in that operation may by notice in writing request the Chief Safety Officer to refer it to a provincial court judge for review, and thereupon the Chief Safety Officer shall refer the order to a provincial court judge having jurisdiction in the area closest to that in which the operation is being carried on.

• Marginal note:Inquiry by a provincial court judge

  (6) A provincial court judge to whom an order is referred pursuant to this section shall inquire into the need for the order and for that purpose has all the powers of a commissioner under Part I of the Inquiries Act.

• Marginal note:Burden of proof

  (7) Where an order has been referred to a provincial court judge pursuant to this section, the burden of establishing that the order is not needed is on the person who requested that the order be so referred.

• Marginal note:Provincial court judge’s decision conclusive

  (8) A provincial court judge to whom an order is referred pursuant to this section may confirm or set aside the order and the decision of the provincial court judge is final and conclusive.

• Marginal note:Operations in respect of which order made

  (9) No person shall continue an operation in respect of which an order has been made pursuant to this section, except in accordance with the terms of the order or until the order has been set aside by a provincial court judge pursuant to this section.