GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 210.048
Observers 210.048 (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 210.074 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. 84
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 210.049
Duty to report 210.049 (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. 84
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 210.051
Opportunity to explain reasons for refusal 210.051 (1) An employee who refuses under section 210.05 to perform an activity may accompany an occupational health and safety officer when the officer is enquiring into the matter under subsection 210.05(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. 84
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 210.052
Assignment of equivalent work 210.052 (1) Subject to any applicable collective agreement or other agreement, if an employee refuses under section 210.05 to perform an activity, the employer may assign reasonably equivalent work to the employee until the employee, by virtue of subsection 210.05(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 210.05(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 an occupational health and safety officer determines in respect of an application made under section 210.064, 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. 84
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 210.053
Compensation for other employees 210.053 (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. 84
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 210.055
Assignment of equivalent work 210.055 (1) Subject to any applicable collective agreement or other agreement, if an employee refuses under section 210.054 to be transported, the employer may assign reasonably equivalent work to the employee until the employee, by virtue of subsection 210.054(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 210.054(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 an occupational health and safety officer determines in respect of an application made under section 210.064, 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. 84
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 210.056
Cessation of functions 210.056 (1) Without prejudice to the rights conferred by section 210.05 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. 84
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 210.057
Reassignment and job modification 210.057 (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 210.056(3)(a). 2014, c. 13, s. 84
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 210.058
Employer’s obligations 210.058 (1) An employer to whom a request has been made under subsection 210.057(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 210.057(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 210.057(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. 84
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 210.059
Definition of reprisal action 210.059 (1) In this section and in sections 210.06 and 210.063, 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 210.048; (c) making a report under section 210.049; (d) refusing to perform an activity under section 210.05, refusing to be transported under section 210.054 or ceasing to perform a job under section 210.056; (e) requesting the employer under section 210.057 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 210.05 or 210.054 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. 84
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 210.06
Complaints 210.06 (1) An employee may, either personally or through a representative, make a complaint in writing to an occupational health and safety officer that (a) an employer or provider of services has failed to pay wages or grant benefits to the employee that are required under subsection 210.019(2), 210.044(4), 210.045(7), 210.048(6), 210.051(2), 210.052(2) or (3), 210.053(1) or (2), 210.055(2) or (3), 210.056(6) or 210.058(2) or (5); or (b) an operator, employer, provider of services or union has taken or threatened to take reprisal action against the employee contrary to subsection 210.059(2). Time limit (2) The complaint shall be made within 90 days after the day on which the grounds for the complaint became known or ought to have become known to the employee. Burden of proof (3) On an enquiry into a complaint under paragraph (1)(b), the burden of proving that no reprisal action has been taken or threatened is on the operator, employer, provider of services or union against whom the complaint is made. Grievance under collective agreement (4) 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 (5) An employee who exercises their right within the time permitted under the collective agreement is not permitted to make a complaint 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. 84
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 210.061
Enquiry into complaint 210.061 (1) If a complaint is made to an occupational health and safety officer, the officer shall enquire into it and decide if it is justified. Enquiry on own initiative (2) An occupational health and safety officer may carry out an enquiry on their own initiative if the officer is of the opinion, based on information that the officer considers to be reliable, that grounds for a complaint under section 210.06 exist. 2014, c. 13, s. 84
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 210.062
Notice of decision 210.062 If, after carrying out their enquiry, the occupational health and safety officer decides that a complaint is not justified or that no grounds for a complaint exist, they shall immediately give notice of the decision to the operator and the complainant, as well as to the employer, provider of services or union that is the subject of the complaint. 2014, c. 13, s. 84
Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — C-7.8 210.063
Order to pay wages or grant benefits 210.063 (1) If the occupational health and safety officer 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, they may order the employer or provider of services, as the case may be, subject to any terms and conditions that they consider 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 occupational health and safety officer decides that an operator, employer, provider of services or union has taken reprisal action contrary to subsection 210.059(2), they may, subject to any terms and conditions that they consider appropriate, order (a) the reinstatement of an employee 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 employer or provider of services 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 operator, employer or provider of services; (d) the reinstatement of an employee to a union if the employee has been expelled by the union; and (e) the taking by the operator, employer, provider of services or union of any other measure necessary to remedy the matter. Order in case of threat of reprisal action (3) If the occupational health and safety officer decides that an operator, employer, provider of services or union has threatened to take reprisal action contrary to subsection 210.059(2), they shall order it not to take that action. Order to specify breach (4) 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 210.059(2), as the case may be. 2014, c. 13, s. 84