GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 202.09
Violation or offence 202.09 (1) Proceeding with any act or omission as a violation under this Part precludes proceeding with it as an offence under this Part, and proceeding with it as an offence under this Part precludes proceeding with it as a violation under this Part. Violations not offences (2) For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply in respect of a violation. 2015, c. 4, s. 66
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 202.1
Limitation or prescription period 202.1 No notice of violation is to be issued more than two years after the day on which the matter giving rise to the violation occurred. 2015, c. 4, s. 66
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 202.2
Right to request review 202.2 A person who is served with a notice of violation may, within 30 days after the day on which it is served, or within any longer period that the Regulator allows, make a request to the Regulator for a review of the amount of the penalty or the facts of the violation, or both. 2015, c. 4, s. 66 2024, c. 20, s. 101
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 202.3
Correction or cancellation of notice of violation 202.3 At any time before a request for a review in respect of a notice of violation is received by the Regulator, a person designated under paragraph 202.02 (b) may cancel the notice of violation or correct an error in it. 2015, c. 4, s. 66 2024, c. 20, s. 101
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 202.4
Review 202.4 (1) On receipt of a request made under section 202.2 , the Regulator shall conduct the review or cause the review to be conducted by a person designated under paragraph 202.02(d). Restriction (2) The Regulator shall conduct the review if the notice of violation was issued by a person designated under paragraph 202.02 (d). 2015, c. 4, s. 66 2024, c. 20, s. 101
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 202.5
Object of review 202.5 (1) The Regulator or the person conducting the review shall determine, as the case may be, whether the amount of the penalty for the violation was determined in accordance with the regulations or whether the person committed the violation, or both. Determination (2) The Regulator or the person conducting the review shall render a determination and the reasons for it in writing and cause the person who requested the review to be served with a copy of them. Correction of penalty (3) If the Regulator or the person conducting the review determines that the amount of the penalty for the violation was not determined in accordance with the regulations, the Regulator or the person, as the case may be, shall correct the amount of the penalty. Responsibility (4) If the Regulator or the person conducting the review determines that the person who requested the review committed the violation, the person who requested the review is liable to the penalty as set out in the notice issued under section 202.06 or as set out in the determination if the amount of the penalty was corrected under subsection (3). Determination final (5) A determination made under this section is final and binding and, subject to review by the Supreme Court of Newfoundland and Labrador, is not subject to appeal or to review by any court. 2015, c. 4, s. 66 2024, c. 20, s. 84 2024, c. 20, s. 101 2024, c. 20, s. 102(E)
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 202.6
Burden of proof 202.6 If the facts of a violation are reviewed, the person who issued the notice of violation shall establish, on a balance of probabilities, that the person named in it committed the violation identified in it. 2015, c. 4, s. 66
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 202.7
Payment 202.7 If a person pays the penalty set out in a notice of violation, the person is considered to have committed the violation and proceedings in respect of it are ended. 2015, c. 4, s. 66
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 202.8
Failure to act 202.8 A person that neither pays the penalty imposed under this Part nor requests a review within the period referred to in section 202.2 is considered to have committed the violation and is liable to the penalty. 2015, c. 4, s. 66
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 202.9
Debt to His Majesty 202.9 (1) A penalty constitutes a debt due to His Majesty in right of the Province and may be recovered in the Supreme Court of Newfoundland and Labrador. Limitation period (2) No proceedings to recover the debt are to be instituted more than five years after the day on which the debt becomes payable. 2015, c. 4, s. 66 2024, c. 20, s. 85
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 202.91
Certificate 202.91 (1) The Regulator may issue a certificate of non-payment certifying the unpaid amount of any debt referred to in subsection 202.9 (1). Registration (2) Registration in the Supreme Court of Newfoundland and Labrador of a certificate of non-payment issued under subsection (1) has the same effect as a judgment of that court for a debt of the amount specified in the certificate and all related registration costs. 2015, c. 4, s. 66 2024, c. 20, s. 86 2024, c. 20, s. 101
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 202.92
Admissibility of documents 202.92 In the absence of evidence to the contrary, a document that appears to be a notice issued under subsection 202.06 (1) is presumed to be authentic and is proof of its contents in any proceeding in respect of a violation. 2015, c. 4, s. 66
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 202.93
Publication 202.93 The Regulator may make public the nature of a violation, the name of the person who committed it and the amount of the penalty. 2015, c. 4, s. 66 2024, c. 20, s. 101
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 203
Regulations 203 Subject to section 7, the Governor in Council may make such regulations not inconsistent with this Part as may be deemed necessary for carrying out the purposes of this Part, and, without limiting the generality of the foregoing, may make regulations defining and distinguishing more particularly for the purposes of Divisions I and II the expressions “oil” and “gas”.
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 204
Application 204 This Part applies to every interest or right in petroleum acquired or vested before the coming into force of this section and is binding on Her Majesty in right of Canada or a province. 1987, c. 3, s. 204; 2014, c. 13, s. 44(F)
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205
Operating licences 205 (1) Where an operating licence was issued under subsection 3.2(1) of the Oil and Gas Production and Conservation Act and is in force on the coming into force of this section, it shall be deemed to be an operating licence issued by the Regulator under this Part. Authorizations and development plan approval (2) Where, prior to the coming into force of this section, authorization for any work or activity or approval of a development plan was given under subsection 3.2(1) of the Oil and Gas Production and Conservation Act or any regulation made under that Act, the authorization or approval shall be deemed to have been given by the Regulator under this Part. 1987, c. 3, s. 205 2024, c. 20, s. 101
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.001
tion and incident for the purposes of this Part; and (b) amending the definition Newfoundland and Labrador social legislation in subsection (1) to add any Act of the Legislature of the Province or to remove any Act from the definition. Regulations (4) Subject to section 7 and on the recommendation of the Federal Minister, the Minister of Labour and the Minister of Transport, the Governor in Council may make regulations (a) prescribing a work or a class of works for the purposes of subparagraph (a)(iv) of the definition marine installation or structure in subsection (1); (b) prescribing a class of vessels for the purposes of subparagraph (b)(i) of the definition marine installation or structure in subsection (1); and (c) prescribing a class of ships or vessels for the purposes of subparagraph (b)(ii) of the definition marine installation or structure in subsection (1). Employees in transit (5) For the purposes of sections 205.005, 205.007 and 205.008, an employee is deemed to be at a workplace within the offshore area while — and immediately before — the employee is being transported on a passenger craft between the last point of embarkation on shore and the workplace, between the workplace and the first point of disembarkation on shore, or between workplaces. 2014, c. 13, s. 45 2024, c. 20, s. 87
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5
authorization means an authorization issued under paragraph 138(1)(b) or subsection 138.01(1). ( autorisation )
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5
Chief Safety Officer means the person designated as the Chief Safety Officer under section 140. ( délégué à la sécurité )
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5
committee means a special committee and a workplace committee. ( comité )
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5
coordinator means an employee designated under subsection 205.045(1) to act as an occupational health and safety coordinator. ( coordonnateur )
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5
declaration means a declaration referred to in subsection 139.1(1) or (2). ( déclaration )
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5
employee means an individual who, in return for monetary compensation, performs work or services for an employer in respect of a work or activity for which an authorization has been issued. ( employé )
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5
employer means a person who employs or contracts for the services of any individual in respect of a work or activity for which an authorization has been issued, if that person has the power to exercise direction and control over the individual’s work at the workplace. ( employeur )
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5
hazardous substance includes a controlled product and any chemical, biological or physical agent that, by reason of a property that the agent possesses, is hazardous to the health or safety of an individual exposed to it. ( substance dangereuse )
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5
health and safety officer means an occupational health and safety officer or a special officer. ( agent de santé et de sécurité )
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5
interest holder has the same meaning as in section 47. ( Version anglaise seulement )
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 (a)
marine installation or structure (a) includes (i) any ship, including any ship used for construction, production or diving or for geotechnical or seismic work, (ii) any offshore drilling unit, including a mobile offshore drilling unit, (iii) any production platform, subsea installation, pipeline as defined in section 135, pumping station or storage structure, (iii.1) any facility or structure used for producing, storing or transmitting an offshore renewable energy product, including an electrical substation, (iii.2) any living accommodation or loading or landing platform, and (iv) any other work, or work within a class of works, prescribed under paragraph (4)(a); but (b) does not include (i) any vessel, including any supply vessel, standby vessel, shuttle tanker or seismic chase vessel, that provides any supply or support services to a ship, installation, structure, work or anything else described in paragraph (a), unless the vessel is within a class of vessels that is prescribed under paragraph (4)(b), or (ii) any ship or vessel within a class of ships or vessels prescribed under paragraph (4)(c). ( ouvrage en mer )
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5
Newfoundland and Labrador social legislation means the provisions of the following Acts, as those Acts are amended from time to time: the Communicable Diseases Act , R.S.N.L. 1990, c. C-26, the Food and Drug Act , R.S.N.L. 1990, c. F-21, the Health and Community Services Act , S.N.L. 1995, c. P-37.1, the Human Rights Act, 2010 , S.N.L. 2010, c. H-13.1, the Labour Standards Act , R.S.N.L. 1990, c. L-2, the Public Safety Act , S.N.L. 1996, c. P-41.01, the Radiation Health and Safety Act , R.S.N.L. 1990, c. R-1, and the Workplace Health, Safety and Compensation Act , R.S.N.L. 1990, c. W-11. ( lois sociales )
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5
occupational health and safety officer means an individual designated by the Federal Minister under section 205.071. ( agent de santé et de sécurité au travail )
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5
operator means a person who holds an authorization. ( exploitant )
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5
owner means a person who has a right, title or interest, including a leasehold interest, recognized by law, in a marine installation or structure that is used or is to be used as a workplace, or any entity in which the person has vested all or any part of their right, title or interest. ( propriétaire )
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5
passenger craft means any aircraft or vessel used to transport employees to or from a workplace while — and immediately before — it is transporting them. ( véhicule de transport )
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5
person includes individuals, corporations and partnerships. ( personne )
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5
personal protective equipment includes personal protective clothing, personal protective devices and personal protective materials. ( équipement de protection personnelle )
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 (a)
provider of services means a person who, for commercial gain, (a) provides services related to the placement with an operator or employer of individuals who, in return for monetary compensation, perform work or services for the operator or employer at a workplace; or (b) provides services that affect or could affect the health or safety of employees or other individuals at a workplace or on a passenger craft, including engineering services, architectural services, the services of a certifying authority referred to in subsection 139.2(6), or the services of any person who provides information or advice, issues a certificate or affixes a professional seal or stamp. ( fournisseur de services )
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5
provincial labour relations board means the Labour Relations Board continued under the Labour Relations Act , R.S.N.L. 1990, c. L-1, as amended from time to time. ( Version anglaise seulement )
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5
Provincial Minister means the minister of the government of the Province who is responsible for occupational health and safety. ( ministre provincial )
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5
special committee means a special committee established under section 205.046. ( comité spécial )
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5
special officer means an individual designated under section 205.072. ( agent spécial )
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5
supervisor means an employee who is in charge of a workplace or part of a workplace or who has authority over other employees. ( superviseur )
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5
supplier means a person who, for commercial gain, manufactures, supplies, sells, leases, distributes or installs any tool, equipment, machine or device, any biological, chemical, or physical agent or any other prescribed thing, to be used at a workplace or on a passenger craft. ( fournisseur de biens )
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5
union means a trade union as defined in the Labour Relations Act , R.S.N.L. 1990, c. L-1, as amended from time to time, that has the status of a bargaining agent under that Act in respect of any bargaining unit at a workplace, or any organization representing employees that has exclusive bargaining rights under any other Act of the Legislature of the Province in respect of those employees. ( syndicat )
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 (a)
workplace means (a) any marine installation or structure where an employee is employed in connection with a work or activity for which an authorization has been issued; (b) any workboat used by an employee, and operated from a marine installation or structure, to perform routine maintenance or repair work in connection with a work or activity for which an authorization has been issued; and (c) any dive site from which, and any underwater area at which, a diving operation is conducted by an employee in connection with a work or activity for which an authorization has been issued. ( lieu de travail )
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5
workplace committee means a workplace committee established under section 205.043. ( comité du lieu de travail )
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.002
Binding on Her Majesty 205.002 This Part is binding on Her Majesty in right of Canada or a province. 2014, c. 13, s. 45
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.003
Application of Part 205.003 (1) This Part applies to and in respect of a workplace that is situated within the offshore area for the purposes of the exploration or drilling for — or the production, conservation or processing of — petroleum, or for the purposes of offshore renewable energy projects, within the offshore area. Employees and other passengers in transit (2) This Part also applies to employees and other passengers while — and immediately before — being transported on a passenger craft between the last point of embarkation on shore and the workplace, between the workplace and the first point of disembarkation on shore, or between workplaces. 2014, c. 13, s. 45 2024, c. 20, s. 88
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.004
Non-application of Parts II and III of Canada Labour Code 205.004 Despite subsections 123(1) and 168(1) of the Canada Labour Code and any other Act of Parliament, Parts II and III of the Canada Labour Code do not apply to and in respect of a workplace that is situated within the offshore area for the purposes of the exploration or drilling for — or the production, conservation or processing of — petroleum, or for the purposes of offshore renewable energy projects, within the offshore area. 2014, c. 13, s. 45 2024, c. 20, s. 89
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.005
Non-application of Canadian Human Rights Act 205.005 The Canadian Human Rights Act does not apply to or in respect of a workplace that is situated within the offshore area for the purposes of the exploration or drilling for — or the production, conservation or processing of — petroleum, or for the purposes of offshore renewable energy projects, within the offshore area. 2014, c. 13, s. 45 2024, c. 20, s. 89
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.006
Non-application of Non-smokers’ Health Act 205.006 The Non-smokers’ Health Act does not apply to or in respect of a workplace that is situated within the offshore area for the purposes of the exploration or drilling for — or the production, conservation or processing of — petroleum, or for the purposes of offshore renewable energy projects, within the offshore area. 2014, c. 13, s. 45 2024, c. 20, s. 89
Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — C-7.5 205.007
Application of Newfoundland and Labrador social legislation 205.007 (1) Newfoundland and Labrador social legislation and any regulations made under it apply to and in respect of a workplace that is situated within the offshore area for the purposes of the exploration or drilling for — or the production, conservation or processing of — petroleum, or for the purposes of offshore renewable energy projects, within the offshore area. Inconsistency or conflict (2) In the event of an inconsistency or conflict between the provisions of this Act, or any regulations made under it, and the provisions of Newfoundland and Labrador social legislation or any regulations made under that legislation, the provisions of this Act and the regulations made under it prevail to the extent of the inconsistency or conflict. 2014, c. 13, s. 45 2024, c. 20, s. 90