GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.094
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. 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. 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. 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. 2014, c. 13, s. 45
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.095
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. 2014, c. 13, s. 45
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.096
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. 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. 2014, c. 13, s. 45
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.097
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). 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. 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. 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. 2014, c. 13, s. 45
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.098
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. 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. 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. 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. 2014, c. 13, s. 45
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.099
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. 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. 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. 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. 2014, c. 13, s. 45
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.101
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. 2014, c. 13, s. 45
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.102
Non-application of Federal Courts Act 205.102 For the purposes of the Federal Courts Act , neither the Regulator, 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. 2014, c. 13, s. 45 2024, c. 20, s. 98
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.103
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. 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. 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. 2014, c. 13, s. 45
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.104
Offences 205.104 (1) Every person is guilty of an offence who (a) contravenes any provision of this Part or of the regulations made under this Part; (b) makes any false entry or statement in any report, record or other document required by this Part or the regulations made under this Part or by any order made under this Part; (c) destroys, damages or falsifies any report, record or other document required by this Part or the regulations made under this Part or by any order made under this Part; (d) fails to comply with an order of a health and safety officer; (e) fails to comply with a requirement of the Chief Safety Officer under section 205.016 or 205.021; (f) fails to comply with a decision of the Chief Safety Officer under section 205.099; or (g) fails to comply with an order of the provincial labour relations board under subsection 205.1(6). Punishment (2) Every person who is guilty of an offence under subsection (1) is liable (a) on summary conviction, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding one year, or to both; or (b) on conviction on indictment, to a fine not exceeding $1,000,000 or to imprisonment for a term not exceeding five years, or to both. Offence — paragraph (1)(a) (3) Despite paragraph (1)(a), a person who contravenes paragraph 205.013(l) or (m), 205.019(1)(k), 205.035(b) or 205.036(1)(b) is not guilty of an offence unless compliance with that paragraph is necessary to protect occupational health and safety. Self-incrimination (4) No individual shall be excused from recording in accordance with section 205.013 or 205.019 instances of non-compliance and any corrective action taken on the grounds that any information given by them may tend to incriminate them or subject them to any proceeding or penalty, but the information, or any evidence derived from it, may not be used or received to incriminate that individual in any criminal proceeding initiated against them, other than a prosecution under section 132, 136 or 137 of the Criminal Code . Due diligence defence (5) No person shall be found guilty of an offence under subsection (1) if they establish that they exercised due diligence to prevent the commission of the offence. 2014, c. 13, s. 45
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.105
Offence by officers, etc., of corporation 205.105 (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. Offence by employee or agent (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. 2014, c. 13, s. 45
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.106
Imprisonment precluded in certain cases 205.106 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. 2014, c. 13, s. 45
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.107
Orders of court 205.107 (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 measures that the court considers appropriate to avoid any harm to health or safety that may result from the act or omission that constituted the offence, or to remedy any harm to health or safety 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 that 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 Regulator an amount of money that the court considers appropriate for the purpose of conducting research, education and training in occupational health and safety matters; (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. Coming into force and duration of order (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. Publication (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. 2014, c. 13, s. 45 2024, c. 20, s. 101
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.108
Variation of sanctions 205.108 (1) Subject to subsection (2), if a court has made an order under subsection 205.107(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. Notice (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. 2014, c. 13, s. 45
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.109
Subsequent applications with leave 205.109 If an application made under subsection 205.108(1) in relation to an offender has been heard by a court, no other application may be made under that section in relation to the offender except with leave of the court. 2014, c. 13, s. 45
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.11
Recovery of fines and amounts 205.11 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 205.107(1) or 205.108(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. 2014, c. 13, s. 45
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.111
Order to comply 205.111 If a person is guilty of an offence under this Part, a court may, in addition to any other penalty it may impose, order that person to comply with the provisions of this Part or the regulation or order for the contravention of which that person has been convicted. 2014, c. 13, s. 45
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.112
Continuing offences 205.112 If an offence under this Part is committed on more than one day or is continued for more than one day, it constitutes a separate offence for each day on which it is committed or continued. 2014, c. 13, s. 45
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.113
Time limited for summary conviction proceedings 205.113 Proceedings by way of summary conviction for an offence under this Part may be instituted at any time within but not later than three years after the day on which the subject-matter of the proceedings arose, unless the prosecutor and the defendant otherwise agree. 2014, c. 13, s. 45
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.114
Evidence 205.114 In any prosecution for an offence under this Part, a copy of any order or other document purporting to have been made under this Part — and purporting to have been signed, in the case of an order or other document purporting to have been made by the provincial labour relations board, by the chief executive officer or a member of that board and, in any other case, by the individual authorized under this Part to make that order or document — is, in the absence of any evidence to the contrary, proof of the matters set out in it. 2014, c. 13, s. 45
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.115
Jurisdiction of justice or judge 205.115 Any complaint or information relating to an offence under this Part may be heard, tried or determined by a justice of the peace or judge if the accused is resident or carrying on business within the territorial jurisdiction of that justice or judge although the matter of the complaint or information did not arise in that territorial jurisdiction. 2014, c. 13, s. 45
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.116
Action to enjoin not prejudiced by prosecution 205.116 (1) Even though a prosecution has been instituted for an offence under this Part, the Regulator may commence and maintain an action to enjoin the committing of any contravention of any provision of this Part or of the regulations made under this Part. Civil remedy not affected (2) No civil remedy for any act or omission is suspended or affected by reason that the act or omission is an offence under this Part. 2014, c. 13, s. 45 2024, c. 20, s. 101
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.117
Information 205.117 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. 2014, c. 13, s. 45