GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.061
Notice of decision 205.061 If the provincial labour relations board dismisses an application made under subsection 205.06(1) it shall immediately give notice of the decision to the applicant, the Chief Safety Officer and the operator, as well as to the employer, provider of services, person or organization that is the subject of the application. 2014, c. 13, s. 45
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.062
Order to pay wages or grant benefits 205.062 (1) If the provincial labour relations board decides that an employer or a provider of services that is providing services related to the placement of an employee has failed to pay wages or grant benefits to the employee that are required under this Part, it may order the employer or provider of services, as the case may be, subject to any terms and conditions that it considers appropriate, (a) to pay those wages or grant those benefits; and (b) to take any other measure necessary to remedy the matter. Order in case of reprisal action (2) If the provincial labour relations board decides that a person or organization has taken reprisal action contrary to subsection 205.059(2), it may, subject to any terms and conditions that it considers appropriate, order (a) the reinstatement of an employee by an employer on the same terms and conditions under which the employee was employed immediately before the reprisal action; (b) the payment or the granting to an employee, by the person or organization, of any wages or benefits that the employee would have been entitled to but for the reprisal action; (c) the removal of any reprimand or other references to the matter from the records of any person or organization; (d) the reinstatement of an employee to a union if the employee has been expelled by the union; and (e) the taking by the person or organization of any other measure necessary to remedy the matter. Order in case of threat of reprisal action (3) If the provincial labour relations board decides that a person or organization has threatened to take reprisal action contrary to subsection 205.059(2), it shall order the person or organization not to take that action. Copy of order to Chief Safety Officer (4) The provincial labour relations board shall, immediately after making an order under this section, give a copy of it to the Chief Safety Officer. Order to specify breach (5) An order made under this section shall specify the provisions of this Part or of the regulations made under this Part that have not been complied with or the nature of any reprisal action taken or threatened to be taken contrary to subsection 205.059(2), as the case may be. 2014, c. 13, s. 45
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.063
Application by employer or provider of services 205.063 (1) An employer or a provider of services may apply in writing to the provincial labour relations board for a determination as to whether (a) an employee has received wages and benefits under subsection 205.052(3) knowing that no circumstances existed that would warrant the employee’s refusal, under section 205.05, to perform an activity; or (b) an employee has received wages and benefits under subsection 205.055(3) knowing that no circumstances existed that would warrant the employee’s refusal, under section 205.054, to be transported. Time limit (2) The application shall be made within 30 days after all avenues of redress have been exhausted by the employee. Burden of proof (3) The burden of proving that no circumstances existed that would warrant the refusal by the employee is on the employer or the provider of services. Conduct of proceeding (4) 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 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. 2014, c. 13, s. 45 2024, c. 20, s. 95
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.064
Notice of decision 205.064 If the provincial labour relations board dismisses an application made under subsection 205.063(1), it shall immediately give notice of the decision to the applicant, the Chief Safety Officer and the operator, as well as to the employee who is the subject of the application. 2014, c. 13, s. 45
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.065
Notice of decision 205.065 If the provincial labour relations board determines that an employee has received wages and benefits under subsection 205.052(3) or 205.055(3) knowing that no circumstances existed that would warrant the refusal by the employee under section 205.05 to perform an activity, or the refusal by the employee under section 205.054 to be transported, as the case may be, it shall immediately give notice of the decision to the applicant, the Chief Safety Officer and the operator, as well as to the employee who is the subject of the application. 2014, c. 13, s. 45
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.066
Research, studies and programs 205.066 (1) The Regulator may, for the purposes of this Part, (a) undertake research into the causes of and the means of preventing or reducing occupational injury and illness; (b) cause studies to be made into occupational health and safety; (c) publish the results of the research or studies; (d) compile, prepare and disseminate information related to occupational health and safety obtained from the research and studies; (e) implement programs to prevent or reduce occupational injury and illness; and (f) implement — in accordance with the regulations, if any — programs for medical monitoring and examination related to occupational health and safety, request any employer to do so or appoint any medical practitioner qualified in occupational medicine to do so. Consent for medical monitoring or examination (2) For the purposes of paragraph (1)(f), medical monitoring or examination of an employee may be conducted only with the employee’s written consent. Cooperation with governments, etc. (3) The Regulator may carry out the activities described in paragraphs (1)(a), (e) and (f) in conjunction with any department or agency of the Government of Canada, the government of any province or a foreign government, or with any other organization that carries out similar activities. 2014, c. 13, s. 45 2024, c. 20, s. 101
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.067
Guidelines and interpretation notes 205.067 (1) The Regulator may issue and publish, in any manner that it considers appropriate, guidelines and interpretation notes with respect to the application and administration of this Part. Not statutory instruments (2) The guidelines and interpretation notes are not statutory instruments for the purposes of the Statutory Instruments Act . 2014, c. 13, s. 45 2024, c. 20, s. 101
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.068
Recommendation of Chief Safety Officer 205.068 (1) On receipt under subsection 138(3.1) or 138.01(2) of an application for an authorization, or to amend an authorization, the Chief Safety Officer shall (a) consider the potential impact of the work or activity to be authorized on the health and safety of employees engaged in the work or activity; and (b) make a written recommendation to the Regulator on the matters considered. Regulator to take recommendation into account (2) In deciding whether to issue or amend an authorization, the Regulator shall take into account the recommendation of the Chief Safety Officer. Authorization — occupational health and safety (3) In addition to any requirement, approval, term or condition determined by the Regulator under Part III to which an authorization is subject, the authorization is also subject to any requirements, approvals, terms and conditions not inconsistent with the provisions of this Act or the regulations, that the Regulator determines relate to occupational health and safety. 2014, c. 13, s. 45 2024, c. 20, s. 96 2024, c. 20, s. 101
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.069
Powers of Chief Safety Officer — workplace 205.069 (1) The Chief Safety Officer may, on application, permit the use at a workplace, for a specified time and subject to specified conditions, of specified equipment, methods, measures, standards or other things, in lieu of any required by regulations made under this Part, if he or she is satisfied that protection of the health and safety of employees at the workplace would not be diminished and the granting of the permission is not otherwise prohibited by regulation. No contravention (2) The regulations are not considered to be contravened if there is compliance with a permission 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 permission 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 fixed by him or her with the agreement of the applicable workplace committee — after the day on which the application has been made available. Notice at workplace (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 (a) post a copy of it in printed form in a prominent place at the 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), inform, in a manner that he or she considers advisable, the applicant, the operator and the public of the decision made on the application. Reconsideration of decision (7) The Chief Safety Officer may, on his or her own initiative or on application by the applicant for the permission 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. 2014, c. 13, s. 45
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.07
Powers of Chief Safety Officer — passenger craft 205.07 (1) The Chief Safety Officer may, on application by an operator, permit the use on a passenger craft, or the use in respect of employees or other passengers being transported on a passenger craft, for a specified time and subject to specified conditions, of specified equipment, methods, measures, standards or other things, in lieu of any required by regulations made under this Part, if the granting of the permission is not otherwise prohibited by regulation made under this Part and if he or she is satisfied that protection of the health and safety of the employees or other passengers being transported would not be diminished. No contravention (2) The regulations are not considered to be contravened if there is compliance with a permission 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 permission is granted; (c) be accompanied by technical information sufficient to enable the Chief Safety Officer to make a decision on the application; and (d) be accompanied by documentation issued by the Minister of Transport indicating that if the permission is granted, it would not contravene any Act or law that applies to the operation of a passenger craft. 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 fixed by him or her with the agreement of each workplace committee established by the operator — after the day on which the application has been made available. Notice at workplace (5) An operator shall, immediately after it makes an application, post a copy of it in printed form in a prominent place at each of its workplaces, and provide a copy to any committee established for that workplace. Decision (6) The Chief Safety Officer shall, as soon as possible after the end of the period referred to in subsection (4), inform, in a manner that he or she considers advisable, the operator and the public of the decision made on the application. Reconsideration of decision (7) The Chief Safety Officer may, on his or her own initiative or on application by the operator who requested a permission under subsection (1), reconsider, confirm, vary, revoke or suspend a decision made on the application at any time when 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. 2014, c. 13, s. 45
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.071
Occupational health and safety officers 205.071 (1) Subject to subsection (3), the Federal Minister shall, within 30 days after the day on which the Minister is notified that the Provincial Minister has designated an individual as an occupational health and safety officer under the Provincial Act, designate that individual as an occupational health and safety officer for the purposes of the administration and enforcement of this Part. Notice of designation (2) The Federal Minister shall, without delay after making the designation, notify the Provincial Minister in writing that the designation has been made and provide a copy to the Regulator. Restriction (3) The Federal Minister shall not designate an individual if he or she is not satisfied that the individual is qualified to exercise the powers and carry out the duties and functions of an occupational health and safety officer under this Part. If an individual is not designated, the Federal Minister shall without delay notify the Provincial Minister of it in writing and provide a copy to the Regulator. Limitation (4) No individual may be designated under subsection (1) unless they have been recommended to the Provincial Minister by the Regulator. Indemnification (5) An individual designated under subsection (1) who is not an employee of the Regulator is deemed to be an officer for the purposes of section 16. Certificate to be produced (6) An individual designated under subsection (1) shall be provided with a certificate of designation, and, on entering any place under the authority of this Part shall, if so requested, produce the certificate to the person in charge of the place. 2014, c. 13, s. 45 2024, c. 20, s. 101
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.072
Special officers 205.072 (1) If the Provincial Minister is satisfied that the circumstances described in paragraphs (a) and (b) exist and he or she appoints an individual as a special officer under the Provincial Act in relation to a matter connected to the risk described in paragraph (a), the Federal Minister may, after being advised of that appointment, and subject to subsection (2), designate that individual as a special officer for the purposes of the administration and enforcement of this Part in relation to the same matter: (a) there are reasonable grounds to believe that action by a special officer is required to avoid a serious risk to the health and safety of employees in the offshore area within the near future; and (b) the risk cannot be avoided through the exercise of powers conferred under subsection 42(1.1) or section 205.119 or 205.12. Restriction (2) The Federal Minister may designate the individual only if he or she, after consulting with the Minister of Labour, is satisfied that the circumstances described in paragraphs (1)(a) and (b) exist and that the individual is qualified to exercise the powers and carry out the duties and functions of a special officer under this Part. Notice of designation (3) The Federal Minister shall, without delay after making a designation, notify the Provincial Minister in writing that the designation has been made and provide a copy to the Regulator. Certificate to be produced (4) The individual shall be provided with a certificate of designation and, on entering any place under the authority of this Part, shall, if so requested, produce the certificate to the person in charge of the place. No liability (5) No action lies against the Regulator for anything done or omitted to be done by an individual designated under subsection (1) while carrying out their duties or functions, or by any person in the course of assisting such an individual. 2014, c. 13, s. 45 2024, c. 20, s. 101
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.073
e place, or cause it to be removed, for examination, testing or copying; (e) while at the place, take or cause to be taken photographs or measurements, make or cause to be made recordings or drawings or use systems in the place that capture images or cause them to be used; (f) use any computer system in the place, or cause it to be used, to examine data contained in or available to it; (g) prepare a document, or cause one to be prepared, based on data contained in or available to the computer system; (h) use any copying equipment in the place, or cause it to be used, to make copies; (i) be accompanied while in the place by any individual, or be assisted while in the place by any person, that the officer considers necessary; and (j) meet in private with any individual in the place, with the agreement of that individual. Clarification (4) For greater certainty, a health and safety officer who has entered a place under subsection (3) may order any individual in the place to do anything described in paragraphs (1)(a) to (f) or (2)(a) to (h), as the case may be. Return of things removed (5) Anything removed under paragraph (1)(f), (2)(h) or (3)(d) for examination, testing or copying shall, if requested by the person from whom it was removed, be returned to that person after the examination, testing or copying is completed, unless it is required for the purpose of a prosecution under this Part. 2014, c. 13, s. 45
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.074
Reports to be provided to operator 205.074 (1) A health and safety officer shall provide to an operator written reports respecting anything inspected, tested or monitored at any of its workplaces by, or on the order of, the officer for the purpose of verifying compliance with this Part. Reports to be provided to employer (2) A health and safety officer shall provide to each employer at a workplace written reports respecting anything inspected, tested or monitored at the workplace by, or on the order of, the officer for the purpose of verifying compliance with this Part that relate to the health and safety of the employer’s employees. Editing of report — trade secrets (3) If a report contains a trade secret, the health and safety officer may edit the report to protect the trade secret. Editing of report — medical and other information (4) If a report contains information relating to the medical history of an identifiable individual or other prescribed information relating to an identifiable individual, the health and safety officer shall edit the report to protect that information before providing it to an operator or employer, unless the individual to whom the information relates consents in writing to the disclosure of the information to the operator or employer. 2014, c. 13, s. 45