GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.047
Response to recommendations 205.047 (1) Subject to subsections (4), (6) and (7), an operator or employer who receives recommendations from a committee established for any of the operator’s workplaces or for a workplace under the employer’s control, as the case may be, together with a written request to respond to the recommendations, shall provide a written response within 21 days after the day on which it receives the request. Nature of response (2) The response shall indicate the recommendations being accepted as well as the action, if any, that will be taken and the date by which it will be taken, and the recommendations being rejected, together with the reasons for the rejection. Response delayed — explanation (3) If it is not possible to provide a response within 21 days, the operator or employer, as the case may be, shall within that period provide the committee with a written explanation for the delay and propose a date on which the response will be provided. Revised date for response (4) Unless the committee notifies the operator or employer, as the case may be, that it is not satisfied that the explanation provided or the proposed date is reasonable, the operator or employer shall provide the response by that date. Report of delay (5) If the committee is not satisfied that the explanation provided or the proposed date indicated is reasonable, the committee shall promptly report the matter to an occupational health and safety officer. Confirmation of date (6) If the occupational health and safety officer is satisfied that the explanation provided and the proposed date are reasonable, the officer shall notify the committee, and the operator or employer, as the case may be, that the operator or employer is to provide the response by the date indicated. The operator or employer, as the case may be, shall provide the response by that date. Fixing new date (7) If the occupational health and safety officer is not satisfied that the explanation provided or the proposed date is reasonable, the officer shall determine the date on which the response is to be provided and notify the committee, and the operator or employer, as the case may be, of that date. The operator or employer, as the case may be, shall provide the response by that date. Report regarding response (8) If the committee has not been provided with a response to its recommendations within the period required or if it considers that the response is not satisfactory, it shall inform an occupational health and safety officer of the matter. 2014, c. 13, s. 45
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.048
Observers 205.048 (1) A workplace committee may choose an employee at the workplace to observe (a) the set-up of, or any change to, systems for monitoring conditions at the workplace that affect the health or safety of employees, including systems for taking samples and measurements; and (b) the subsequent monitoring of the conditions referred to in paragraph (a), including the taking of samples and measurements. Observers (2) Every employer who conducts an activity described in paragraph (1)(a) or (b) at the workplace, and the operator if the operator conducts such an activity, shall permit the observer to observe the activity. Exception (3) Subsection (2) does not apply in an emergency situation, or in respect of monitoring referred to in paragraph (1)(b) that is carried out continuously or on a regular and frequent basis. Notice and access (4) When an operator or an employer monitors health and safety conditions at a workplace, the following requirements apply: (a) if an employer is carrying out the monitoring, the employer shall give reasonable notice to the operator to enable the operator to comply with paragraph (b); (b) if an operator is carrying out the monitoring or is notified under paragraph (a), the operator shall give reasonable notice of the commencement of monitoring to all employers at the workplace; (c) the operator or the employer carrying out the monitoring shall give reasonable notice of the commencement of monitoring to the observer, and shall provide the observer with access to the workplace for the purpose of observing the monitoring; and (d) the operator or employer carrying out the monitoring shall, at the request of the observer, explain the monitoring process to the observer. Monitoring by health and safety officers (5) Monitoring may be carried out on the order of a health and safety officer under section 205.073 even if the notices referred to in paragraphs (4)(a) to (c) have not been given. Compensation of employees (6) An employee acting as an observer shall be paid the same wages and granted the same benefits that the employee would have received had they been working. 2014, c. 13, s. 45
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.049
Duty to report 205.049 (1) An employee who has reasonable cause to believe that a provision of this Part or of the regulations made under this Part has been contravened or that there is likely to be an accident or injury arising out of, linked to or occurring in the course of employment shall report their concern to their supervisor. Resolve concern (2) The employee and the supervisor shall try to resolve the employee’s concern between themselves as soon as possible. Notice to employer, etc. (3) If the employee’s concern is not resolved, they may notify their employer, and when so notified the employer shall in turn notify the workplace committee or the coordinator, as the case may be, and the operator. Notice to health and safety officer (4) If the employee’s concern is not resolved after they notify their employer, the employee may notify a health and safety officer. 2014, c. 13, s. 45
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.051
Opportunity to explain reasons for refusal 205.051 (1) An employee who refuses under section 205.05 to perform an activity may accompany an occupational health and safety officer when the officer is enquiring into the matter under subsection 205.05(8), for the purpose of explaining the reasons for the employee’s refusal. Compensation of employee (2) An employee who, under subsection (1), accompanies an occupational health and safety officer shall, during that time, be paid the same wages and granted the same benefits that the employee would have received if they had not exercised their right to refuse. 2014, c. 13, s. 45
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.052
Assignment of equivalent work 205.052 (1) Subject to any applicable collective agreement or other agreement, if an employee refuses under section 205.05 to perform an activity, the employer may assign reasonably equivalent work to the employee until the employee, by virtue of subsection 205.05(9) or (10), is no longer permitted to refuse to perform the activity. Compensation during assignment (2) If the employee is assigned reasonably equivalent work, the employer, or the provider of services that is providing services related to the placement of the employee, as the case may be, shall pay them the same wages and grant them the same benefits that they would have received had they not refused to perform the activity. Compensation if no assignment (3) If the employee is not assigned reasonably equivalent work, the employer, or the provider of services that is providing services related to the placement of the employee, as the case may be, shall, until the employee, by virtue of subsection 205.05(9) or (10) is no longer permitted to refuse to perform the activity, pay the employee the same wages and grant the employee the same benefits that they would have received had they not refused to perform the activity. No compensation if refusal of equivalent work (4) Subject to any applicable collective agreement or other agreement, if the employee refuses an assignment of reasonably equivalent work, they are not entitled to receive any wages or benefits. Other employees (5) For as long as the employee continues to exercise their right to refuse to perform an activity, another employee shall not be assigned to perform the activity unless the employer has advised that other employee of the refusal, the reasons for the refusal and the right of that other employee to refuse to perform the activity. Repayment (6) Subject to any applicable collective agreement or other agreement, the employer, or the provider of services that is providing services related to the placement of the employee, as the case may be, may require repayment of any wages and benefits received by an employee under subsection (3) if the provincial labour relations board determines in respect of an application made under section 205.063, after all avenues of redress have been exhausted by the employee, that the employee received the wages and benefits knowing that no circumstances existed that would warrant the refusal. 2014, c. 13, s. 45
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.053
Compensation for other employees 205.053 (1) Subject to any applicable collective agreement or other agreement, an employee at a workplace who is affected by a work stoppage arising from a refusal by another employee to perform an activity shall be paid the same wages and granted the same benefits that they would have received had no work stoppage occurred, until work resumes or until they return to their usual point of disembarkation on shore, whichever event occurs first. Equivalent work (2) Subject to any applicable collective agreement or other agreement, an employer may assign reasonably equivalent work to an employee who is affected by a work stoppage at the same wages and benefits that the employee would have received if no work stoppage had occurred. 2014, c. 13, s. 45
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.055
Assignment of equivalent work 205.055 (1) Subject to any applicable collective agreement or other agreement, if an employee refuses under section 205.054 to be transported, the employer may assign reasonably equivalent work to the employee until the employee, by virtue of subsection 205.054(9) or (10), is no longer permitted to refuse to be transported. Compensation during assignment (2) If an employee is assigned reasonably equivalent work, the employer or the provider of services that is providing services related to the placement of the employee, as the case may be, shall pay the employee the same wages and grant the employee the same benefits that they would have received had they not refused to be transported. Compensation if no assignment (3) If an employee has not been assigned reasonably equivalent work, the employer or the provider of services that is providing services related to the placement of the employee, as the case may be, shall, until the employee, by virtue of subsection 205.054(9) or (10), is no longer permitted to refuse to be transported, pay the employee the same wages and grant the employee the same benefits that they would have received had they not refused to be transported. No compensation if refusal of equivalent work (4) Subject to any applicable collective agreement or other agreement, if an employee refuses an assignment of reasonably equivalent work, the employee is not entitled to receive any wages or benefits. Repayment (5) Subject to any applicable collective agreement or other agreement, the employer, or the provider of services that is providing services related to the placement of the employee, as the case may be, may require repayment of any wages and benefits received by an employee under subsection (3) if the provincial labour relations board determines in respect of an application made under section 205.063, after all avenues of redress have been exhausted by the employee, that the employee received the wages and benefits knowing that no circumstances existed that would warrant the refusal. 2014, c. 13, s. 45
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.056
Cessation of functions 205.056 (1) Without prejudice to the rights conferred by section 205.05 and subject to this section, an employee who is pregnant or nursing may cease to perform her job if she believes that, by reason of the pregnancy or nursing, continuing any of the functions connected with her regular work may pose a risk to her health or to that of her foetus or child. Notification (2) On being informed of the cessation, the employer, with the written consent of the employee, shall notify the workplace committee established for the employee’s workplace or the coordinator, as the case may be. Medical certificate (3) The employee shall provide to her employer, and any provider of services that is providing services related to her placement, as soon as possible, a certificate of a medical practitioner of her choice who is entitled to practise medicine under the laws of a province (a) certifying that continuing any of the functions connected with her regular work poses a risk to her health or to that of her foetus or child and indicating the expected duration of the risk and the activities or conditions to avoid in order to eliminate the risk; or (b) certifying that continuing the functions connected with her regular work does not pose a risk to her health or to that of her foetus or child. Provision no longer applicable (4) Without prejudice to any other right conferred by this Part, by a collective agreement, by another agreement or by any terms and conditions of employment, once the medical practitioner has established that there is a risk as described in subsection (1), the employee is no longer permitted to cease to perform her job under that subsection. Employer may reassign (5) For the period during which the employee does not perform her job under subsection (1), the employer may, in consultation with the employee, reassign her to another job that would not pose a risk to her health or to that of her foetus or child. Status of employee (6) Whether or not the employee has been reassigned to another job, she is deemed to continue to hold the job that she held at the time she ceased to perform her job and is to continue to receive the wages and benefits that are attached to that job for the period during which she does not perform the job. 2014, c. 13, s. 45
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.057
Reassignment and job modification 205.057 (1) An employee who is pregnant or nursing may, during the period from the beginning of the pregnancy to the end of the twenty-fourth week following the birth, request that the employer modify the functions connected with her regular work or reassign her to another job if, by reason of the pregnancy or nursing, continuing any of those functions may pose a risk to her health or to that of her foetus or child. Medical certificate (2) The employee’s request shall be accompanied by a certificate described in paragraph 205.056(3)(a). 2014, c. 13, s. 45
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.058
Employer’s obligations 205.058 (1) An employer to whom a request has been made under subsection 205.057(1) shall examine the request in consultation with the employee and, if feasible, shall modify the functions connected with her regular work or shall reassign her. The employer shall notify any provider of services that is providing services related to the placement of that employee that the request has been made. Rights of employee (2) An employee who has made a request under subsection 205.057(1) is entitled to continue in her current job while the employer examines her request, but, if the risk posed by continuing any of the functions connected with her regular work so requires, she is entitled to and shall be granted a leave of absence with the same wages and benefits — payable by the employer or any provider of services that is providing services related to the placement of that employee, as the case may be — that she would have received had she not been on leave of absence until the employer (a) modifies the functions connected with her regular work or reassigns her; or (b) informs her in writing that it is not feasible to modify the functions connected with her regular work or to reassign her. Onus of proof (3) The onus is on the employer to show that a modification of the functions connected with the employee’s regular work or a reassignment that would avoid the activities or conditions indicated in the medical certificate is not feasible. Employee to be informed (4) If the employer concludes that a modification of the functions connected with the employee’s regular work or a reassignment that would avoid the activities or conditions indicated in the medical certificate is not feasible, the employer shall so inform her in writing. Status of employee (5) If the functions connected with the employee’s regular work are modified or the employee is reassigned, the employee is deemed to continue to hold the job that she held at the time of making the request under subsection 205.057(1), and shall continue to receive the wages and benefits that are attached to that job. Employee’s right to leave (6) An employee referred to in subsection (4) is entitled to and shall be granted a leave of absence for the duration of the risk as indicated in the medical certificate. 2014, c. 13, s. 45
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.059
Definition of reprisal action 205.059 (1) In this section and in sections 205.06 and 205.062, reprisal action means an action that (a) adversely affects an employee with respect to their terms or conditions of employment or any opportunity for employment or promotion, including dismissal, lay-off, suspension, demotion, transfer of job or location, discontinuation or elimination of the job, change in hours of work, reduction in wages or benefits, coercion, intimidation or the imposition of any disciplinary sanction, reprimand or other penalty; and (b) is taken, in whole or in part, because the employee has acted in accordance with the provisions of this Part or of the regulations made under this Part or with a decision or order made under any of those provisions or has taken steps to ensure that those provisions are complied with. Prohibition (2) No operator, employer, provider of services or union shall take, or threaten to take, reprisal action against an employee. No action against employee (3) Without limiting the generality of subsection (2), actions referred to in paragraph (1)(a) cannot be taken against an employee for (a) seeking to establish a committee, participating in the establishment or work of a committee or acting as a member of a committee or as a coordinator; (b) acting as an observer under section 205.048; (c) making a report under section 205.049; (d) refusing to perform an activity under section 205.05, refusing to be transported under section 205.054 or ceasing to perform a job under section 205.056; (e) requesting the employer under section 205.057 to modify the functions connected with the employee’s regular work or to reassign the employee; (f) seeking access to information to which the employee is entitled under this Part; (g) testifying in any proceeding or inquiry under this Part; or (h) giving information in accordance with the provisions of this Part or of the regulations made under this Part or with a decision or order made under any of those provisions to a committee, a coordinator, a health and safety officer or any other person having duties or functions under this Part, or under Part III as it relates to safety. Disciplinary action (4) Despite paragraph (3)(d), any action referred to in paragraph (1)(a) may be taken against an employee who has exercised rights under section 205.05 or 205.054 after all avenues of redress have been exhausted by the employee, if the operator, employer, provider of services or union taking the action can demonstrate that the employee has wilfully abused those rights. Reasons (5) The operator, employer, provider of services or union shall provide the employee with written reasons for any action taken under subsection (4) within 15 days after the day on which a request is received from the employee to do so. 2014, c. 13, s. 45
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.06
Application by employee for decision 205.06 (1) An employee may, either personally or through a representative, apply to the provincial labour relations board for a decision as to whether (a) an employer or provider of services has failed to pay wages or grant benefits to the employee that are required under subsection 205.019(2), 205.044(4), 205.045(7), 205.048(6), 205.051(2), 205.052(2) or (3), 205.053(1) or (2), 205.055(2) or (3), 205.056(6) or 205.058(2) or (5); or (b) a person or organization has taken or threatened to take reprisal action against the employee contrary to subsection 205.059(2). Time limit (2) The application shall be made within 90 days after the day on which the grounds for the application became known or ought to have become known to the employee. Burden of proof (3) In a proceeding before the provincial labour relations board in respect of an allegation that reprisal action referred to in paragraph (1)(b) has been taken or threatened, the burden of proving that no such reprisal action has been taken or threatened is on the person or organization against whom the allegation is made. Conduct of proceeding (4) The rules of practice and procedure that apply to applications for the determination of a matter made under the Labour Relations Act , R.S.N.L. 1990, c. L-1, as amended from time to time (in this section and in sections 205.063, 205.1 and 205.103 referred to as the “Provincial Labour Relations Act”) apply to applications made under subsection (1). Costs (5) The costs incurred by the provincial labour relations board in respect of an application made under subsection (1), including the remuneration of its members, shall be paid by the Regulator. Powers, privileges and immunities (6) The provincial labour relations board and each of its members has the powers, privileges and immunities granted by the Provincial Labour Relations Act. Non-application of Federal Courts Act (7) 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. Grievance under collective agreement (8) An employee who is aggrieved by a subject-matter described in paragraph (1)(a) or (b) should, if the employee is bound by a collective agreement that provides for final and binding arbitration of grievances in respect of the subject-matter, present a grievance under the agreement. Exercise of rights (9) An employee who exercises their right within the time permitted under the collective agreement is not permitted to make an application under subsection (1) in respect of the same subject-matter unless it is determined that the arbitrator does not have jurisdiction to hear the grievance. In that case, the employee may, within 90 days after the day on which a final determination is made that the arbitrator does not have jurisdiction, make an application under that subsection. 2014, c. 13, s. 45 2024, c. 20, s. 94