Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 54
Chief Safety Officer powers 54 (1) The Chief Safety Officer may, on application, grant an exemption in respect of a workplace, or grant an exemption to an operator in respect of passengers being transported on a passenger craft to or from any of its workplaces, for a specified time and subject to specified conditions, from any requirement in respect of equipment, methods, measures or standards that is set out in the Canada–Newfoundland and Labrador Offshore Marine Installations and Structures Occupational Health and Safety Transitional Regulations , the Canada–Newfoundland and Labrador Offshore Marine Installations and Structures Transitional Regulations or the Canada–Newfoundland and Labrador Offshore Area Diving Operations Safety Transitional Regulations , if he or she is satisfied that the health and safety of employees at the workplace or passengers on the passenger craft, as the case may be, will be maintained without compliance with the requirement. No contravention (2) The regulations are not considered to be contravened if there is compliance with an exemption under subsection (1). Application (3) The application shall (a) be in a form acceptable to the Chief Safety Officer; (b) include information with respect to the consequences to health and safety that might reasonably be anticipated if the exemption is granted; and (c) be accompanied by technical information sufficient to enable the Chief Safety Officer to make a decision on the application. Public notice (4) On receipt of the application, the Chief Safety Officer shall make it available to the public in a manner that he or she considers advisable, together with a notice that submissions may be made to him or her for a period of 30 days — or any shorter period that he or she fixes with the agreement of the applicable workplace committee — after the day on which the application has been made available. Notice at workplace, etc. (5) If the application is made in respect of an existing workplace, the applicant shall give a copy of the application to the operator. An operator shall, immediately after it receives or makes an application relating to an existing workplace or to a passenger craft (a) post a copy of it in printed form in a prominent place at the applicable workplace; and (b) provide a copy to any committee established for that workplace and to any union representing employees within the offshore area. Decision (6) The Chief Safety Officer shall, as soon as possible after the end of the period referred to in subsection (4), give to the applicant and the operator a copy of the decision made on the application, and make the decision available to the public in a manner that he or she considers advisable. Reconsideration of decision (7) The Chief Safety Officer may, on his or her own initiative or on application by the applicant for the exemption under subsection (1), reconsider, confirm, vary, revoke or suspend a decision made on the application at any time if information is made available that, had it been known when the decision was made, would reasonably be expected to have resulted in a different decision from the one made at that time. In that case, subsections (1) to (6) apply with the necessary modifications. Same meaning (8) Words and expressions used in this section have the same meaning as in subsection 205.001(1) of the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act .