GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.075
Entering living quarters 205.075 (1) If the place referred to in subsection 205.073(3) is living quarters, a health and safety officer is not authorized to enter those quarters without the consent of the occupant except (a) to execute a warrant issued under subsection (4); (b) to verify that any lifesaving equipment that is prescribed is readily available and in good condition; or (c) to verify that those quarters, if on a marine installation or structure, are in a structurally sound condition sufficient to ensure the health and safety of employees. Notice (2) The officer shall provide reasonable notice to the occupant before entering living quarters under paragraph (1)(b) or (c). Exception (3) Despite paragraphs (1)(b) and (c), any locker in the living quarters that is fitted with a locking device and that is assigned to the occupant shall not be opened by the officer without the occupant’s consent except under the authority of a warrant issued under subsection (4). Authority to issue warrant (4) On ex parte application, a justice of the peace may issue a warrant authorizing a health and safety officer who is named in it to enter living quarters subject to any conditions specified in the warrant if the justice is satisfied by information on oath that (a) the living quarters are a place referred to in subsection 205.073(3); (b) entry to the living quarters is necessary to verify compliance with this Part; and (c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused or that consent to entry cannot be obtained from the occupant. Authority to open locker (5) The warrant may also authorize a locker described in subsection (3) to be opened, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that (a) it is necessary to open the locker to verify compliance with this Part; and (b) the occupant to whom it is assigned refused to allow it to be opened or there are reasonable grounds to believe that the occupant to whom it is assigned will refuse to allow it to be opened or that consent to opening it cannot be obtained from that occupant. Use of force (6) The health and safety officer who executes a warrant issued under subsection (4) shall not use force unless the use of force has been specifically authorized in the warrant. Telewarrant provisions to apply (7) A warrant may be issued under this section by telephone or other means of telecommunication on information submitted by a health and safety officer by one of those means, and section 487.1 of the Criminal Code applies for that purpose, with any modifications that the circumstances require. Definition of living quarters (8) In this section, living quarters means sleeping quarters provided for the accommodation of employees on a marine installation or structure or a passenger craft, and any room for the exclusive use of the occupants of those quarters that contains a toilet or a urinal. 2014, c. 13, s. 45
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.076
Assistance to officers 205.076 (1) The operator for, employers, employees and supervisors at, owners of, suppliers or providers of services to, as well as the person in charge of, a place entered by a health and safety officer under subsection 205.073(3) — and the interest holders having an interest, or a share of an interest, in any portion of the offshore area in which the place is located — shall give all assistance that is reasonably required to enable the officer to verify compliance with this Part and shall provide any documents, data or information that is reasonably required for that purpose. Transportation, accommodation and food (2) If the place referred to in subsection 205.073(3) is a workplace, the operator shall provide to the health and safety officer, and to every individual accompanying that officer, free of charge, (a) suitable transportation between the operator’s usual point of embarkation on shore and the workplace, between the workplace and the operator’s usual point of disembarkation on shore, and between workplaces; and (b) suitable accommodation and food at the workplace. 2014, c. 13, s. 45
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.077
False statements or information 205.077 No person shall make a false or misleading statement or provide false or misleading information, in connection with any matter under this Part, to a health and safety officer who is carrying out duties or functions under this Part or to the Chief Safety Officer when he or she is conducting a review under section 205.099. 2014, c. 13, s. 45
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.078
Obstruction 205.078 No person shall obstruct or hinder a health and safety officer who is carrying out duties or functions under this Part or the Chief Safety Officer when he or she is conducting a review under section 205.099. 2014, c. 13, s. 45
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.079
Accompaniment of health and safety officer 205.079 (1) A health and safety officer who is inspecting, testing or monitoring anything in a workplace under subsection 205.073(3) shall give to an employer representative at the workplace, and to a member of the workplace committee who represents employees, an opportunity to accompany the officer when the officer is carrying out those activities. Employee representative unavailable (2) If no employee representative from the workplace committee is available, the officer may select one or more other employees to accompany them. Unaccompanied examination (3) The officer may carry out the activities without being accompanied by an employer or employee representative if either or both of them are unavailable and the officer considers that it is necessary to proceed immediately with those activities. Consultation with employees (4) If the officer is not accompanied by an employee representative, the officer shall endeavour to consult with a number of employees when carrying out the activities. Compensation of employee (5) An individual who is accompanying or being consulted by an officer under this section shall be paid the same wages and granted the same benefits that the individual 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-7.5 205.08
Authority to issue warrant 205.08 (1) On ex parte application, a justice of the peace may issue a warrant if the justice is satisfied by information on oath that there are reasonable grounds to believe that there is in any place anything that will provide evidence or information relating to the commission of an offence under this Part. Powers under warrant (2) The warrant may authorize a health and safety officer, and any other individual named in the warrant, to at any time enter and search the place and to seize anything specified in the warrant, or do any of the following as specified in it, subject to any conditions that may be specified in it: (a) conduct examinations, tests or monitoring; (b) take samples for examination or testing, and dispose of those samples; or (c) take photographs or measurements, make recordings or drawings, or use systems in the place that capture images. Where warrant not necessary (3) A health and safety officer may exercise the powers described in this section without a warrant if the conditions for obtaining the warrant exist but by reason of exigent circumstances it would not be feasible to obtain one. Exigent circumstances (4) Exigent circumstances include circumstances in which the delay necessary to obtain the warrant would result in danger to human life or the loss or destruction of evidence. Operation of computer system and copying equipment (5) An individual authorized under this section to search a computer system in a place may (a) use or cause to be used any computer system at the place to search any data contained in or available to the computer system; (b) reproduce or cause to be reproduced any data in the form of a printout or other intelligible output; (c) seize any printout or other output for examination or copying; and (d) use or cause to be used any copying equipment at the place to make copies of the data. Duty of person in charge of place (6) Every person who is in charge of a place in respect of which a search is carried out under this section shall, on presentation of the warrant, permit the individual carrying out the search to do anything described in subsection (5). Transportation, accommodation and food (7) An operator shall provide, free of charge, to an individual who is executing a warrant under this section at any of its workplaces (a) suitable return transportation between the workplace and any location from which transportation services to that workplace are usually provided, and between workplaces; and (b) suitable accommodation and food at the workplace. Telewarrant provisions to apply (8) A warrant may be issued under this section by telephone or other means of telecommunication on information submitted by a health and safety officer by one of those means, and section 487.1 of the Criminal Code applies for that purpose, with any modifications that the circumstances require. 2014, c. 13, s. 45
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.081
Storage and removal 205.081 (1) A thing seized under this Part may be stored in the place where it was seized or may, at the discretion of a health and safety officer, be removed to any other place for storage. The owner of the thing or the person who is lawfully entitled to possess it shall pay the costs of storage or removal. Perishable things (2) If the thing seized is perishable, a health and safety officer may destroy the thing, or otherwise dispose of it in any manner the officer considers appropriate. Any proceeds realized from its disposition shall be paid to the Receiver General. 2014, c. 13, s. 45
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.082
Serious injury or death 205.082 (1) In the case of an incident at a workplace, or involving a passenger craft, that results in serious injury or death, no person shall, unless authorized to do so by a health and safety officer, disturb anything related to the incident except to the extent necessary to (a) attend to any individuals who are injured or killed; (b) prevent further injuries; or (c) prevent damage to or loss of property. Exception — passenger craft (2) If an individual is killed or seriously injured by an incident involving a passenger craft, an individual who is investigating the incident under the Aeronautics Act , the Canada Shipping Act, 2001 or the Canadian Transportation Accident Investigation and Safety Board Act is not required to obtain an authorization under subsection (1). 2014, c. 13, s. 45
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.083
Provision of information 205.083 No person shall prevent an employee from providing to a health and safety officer or to the Regulator, or to any person or committee having duties or functions under this Part, information that they may require to carry out their duties or functions. 2014, c. 13, s. 45 2024, c. 20, s. 101
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.084
Information not to be disclosed 205.084 Subject to sections 205.087 to 205.089, no person shall — except for the purposes of this Part, for the purposes of a prosecution under this Part, for the purposes of Part III as it relates to safety or for the purposes of a prosecution under Part III that relates to safety — disclose the results of (a) activities carried out by or on the order of a health and safety officer for the purpose of verifying compliance with this Part; or (b) activities carried out under a warrant issued under this Part. 2014, c. 13, s. 45
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.085
Non-disclosure of identity 205.085 Subject to section 205.088, no individual to whom information obtained under this Part is communicated in confidence shall disclose the identity of the individual who provided it except for the purposes of this Part, and no individual who obtains such information in confidence is competent or compellable to disclose the identity of the individual who provided it before any court or other tribunal except by order of the court or tribunal on any terms and conditions that the court or tribunal considers just. 2014, c. 13, s. 45
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.086
Non-disclosure of trade secrets 205.086 (1) Subject to subsections (2) and 205.088(1), trade secrets that become known to a health and safety officer who enters a place under subsection 205.073(3), or to an individual accompanying or a person assisting the officer, are privileged and shall not be disclosed except for the purposes of this Part, or for the purposes of Part III as it relates to safety. Information on hazardous products and materials (2) Information that, under the Hazardous Materials Information Review Act , a person is exempt from disclosing under paragraph 205.022(d) or (e) or under paragraph 13(a) or (b) of the Hazardous Products Act , and that is obtained by a health and safety officer who enters a place under subsection 205.073(3), or by an individual accompanying or a person assisting the officer, is privileged and, despite the Access to Information Act or any other Act or law, shall not be disclosed to any other person except for the purposes of this Part, or for the purposes of Part III as it relates to safety. Secondary release of information (3) Subject to subsection 205.088(2), information disclosed under subsection (1) or (2) shall not be further disclosed by the recipient, except for the purpose for which it was disclosed to them. 2014, c. 13, s. 45
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.087
Disclosure by Chief Safety Officer 205.087 (1) Despite section 119, the Chief Safety Officer may disclose information — other than information relating to the medical history of an identifiable individual or other prescribed information relating to an identifiable individual, an individual’s identity the disclosure of which is restricted under section 205.085 or information the disclosure of which is restricted under section 205.086 — related to occupational health and safety that he or she obtains in his or her capacity as Chief Safety Officer to officials of the federal government, a provincial government or a foreign government, or of an agency of any of those governments, for the purposes of a federal or provincial law or activity or a foreign law, if the Officer is satisfied that disclosure is in the interest of health and safety and the information is disclosed subject to any conditions agreed upon by the Officer and the government or agency. Disclosure by federal government or agency (2) Officials of the federal government or of an agency of the federal government may for the purposes of this Part disclose information related to occupational health and safety — other than information relating to the medical history of an identifiable individual or other prescribed information relating to an identifiable individual — to the Chief Safety Officer, if they are satisfied that disclosure is in the interest of health and safety and it is disclosed subject to any conditions agreed upon by the federal government or agency and the Officer. Secondary release of information (3) Information disclosed under subsection (1) or (2) shall not be further disclosed by the recipient without the consent in writing of the person who disclosed it to them, unless it is disclosed for the same purposes and subject to the conditions referred to in that subsection. 2014, c. 13, s. 45
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.088
Access to information by governments 205.088 (1) The Federal Minister and the Provincial Minister are entitled to access to any information that is recorded in any form — other than information relating to the medical history of an identifiable individual or information the disclosure of which is restricted under subsection 205.086(2) — if the record is under the control of the Regulator and the information relates to this Part, and that information shall, on the request of either Minister, be disclosed to that Minister without requiring the consent in writing of the person to whom the information relates. Secondary release of information (2) Information disclosed to either Minister under subsection (1) shall not be further disclosed by that Minister without the consent in writing of the person to whom it relates except for the purposes of this Part or for the purposes of Part III as it relates to safety. 2014, c. 13, s. 45 2024, c. 20, s. 101
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.089
Disclosure by Regulator 205.089 Despite section 119, the Regulator may, after consulting with the Chief Safety Officer, disclose information under its control that relates to this Part — other than information relating to the medical history of an identifiable individual or other prescribed information relating to an identifiable individual, an individual’s identity the disclosure of which is restricted under section 205.085 or information the disclosure of which is restricted under section 205.086 — if the Regulator is satisfied that the public interest in making the disclosure clearly outweighs any potential harm resulting from the disclosure. 2014, c. 13, s. 45 2024, c. 20, s. 101
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.09
Privilege 205.09 (1) No health and safety officer and no individual who has accompanied or person who has assisted the officer in carrying out the officer’s duties or functions may be required to give testimony in civil or administrative proceedings, other than proceedings under this Part, relating to information obtained in the exercise of the officer’s powers or in the carrying out of the officer’s duties or functions or in accompanying or assisting the officer, except with the written permission of the Regulator. Non-application of section 205.084 (2) If a person to whom subsection (1) applies is required to give testimony in civil or administrative proceedings for which they have the written permission referred to in that subsection, section 205.084 does not apply to restrict the disclosure of the results described in that section. Privilege (3) No person shall be required to produce or give evidence in any civil or administrative proceeding relating to any information disclosed to them under subsection 205.087(1) or (2) or 205.088(1). 2014, c. 13, s. 45 2024, c. 20, s. 101 2024, c. 20, s. 103(F)
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.091
No action against health and safety officer 205.091 No action lies against (a) a health and safety officer for anything done or omitted to be done by them in good faith while carrying out their duties or functions under this Part; or (b) an individual accompanying or a person assisting a health and safety officer for anything done or omitted to be done by them in good faith while carrying out their duties or functions under this Part. 2014, c. 13, s. 45
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.092
Order to terminate contravention 205.092 A health and safety officer who is of the opinion that a provision of this Part or of the regulations made under this Part is being contravened or has recently been contravened by any person may order the person to (a) terminate the contravention within the time that the officer specifies; and (b) take measures specified by the officer, within the period that they specify, to ensure that the contravention does not continue or reoccur. 2014, c. 13, s. 45
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.093
Dangerous situations — order 205.093 (1) If a health and safety officer is of the opinion that the performance of an activity — including the use or operation of any thing or the conditions under which an activity is performed — constitutes a danger to an employee or other individual at a workplace or a passenger on a passenger craft, the officer shall order any person to take measures, immediately or within the period that the officer specifies (a) to correct the hazard or condition, or to alter the activity, that constitutes the danger; or (b) to protect any individual from the danger. Dangerous situations — additional order (2) If a health and safety officer is of the opinion that the measures cannot be taken immediately, the officer may order any person not to use a place, operate a thing or perform an activity to which an order under subsection (1) relates until that order is complied with. Necessary measures (3) Nothing in subsection (2) prevents the doing of anything necessary to comply with the order under subsection (1). Posting notice of danger (4) If a health and safety officer makes an order under subsection (2), the officer shall post or affix or cause to be posted or affixed to or near the place or thing to which the order relates, or in the area in which the activity to which the order relates is performed, a notice in the form, and containing the information, that the officer may specify, and no person shall remove the notice unless they are authorized by a health and safety officer to do so. Cessation of use (5) If a health and safety officer makes an order under subsection (2), the person to whom the order is directed shall cause the use or operation of the place or thing or the performance of the activity to be discontinued, and no individual shall use or operate the place or thing or perform the activity until the order under subsection (1) is complied with. 2014, c. 13, s. 45