Bill C-5

Duties of Supervisors

205.024 Every supervisor shall take all reasonable measures to ensure the health and safety of employees and other individuals that they supervise at a workplace.

205.025 Every supervisor shall

(a) ensure that the employees that they supervise comply with the provisions of this Part and the regulations made under this Part;

(b) inform their employer and each of those employees of known or foreseeable health or safety hazards;

(c) if required to do so by their employer or the operator, provide those employees with written instructions as to the measures to be taken and the procedures to be followed for the protection of the employees; and

(d) report to their employer any failure to comply with the provisions of this Part or of the regulations made under this Part, or with the occupational health and safety requirements of any authorization related to the workplace that is issued to the operator.

Duties of Employees

205.026 Every employee at a workplace or on a passenger craft shall take all reasonable measures to protect their own health and safety and that of other individuals at the workplace or on the passenger craft.

205.027 Every employee at a workplace shall

(a) cooperate with the operator and with all employers and other employees to protect the health and safety of individuals at the workplace;

(b) use or wear, in the manner intended, all personal protective equipment that is prescribed or that is required by the operator or their employer to be used or worn;

(c) take all reasonable measures to ensure that other employees use or wear, in the manner intended, all personal protective equipment referred to in paragraph (b);

(d) consult and cooperate with committees established for the workplace;

(e) cooperate with the Board and with persons carrying out duties or functions under this Part;

(f) follow all instructions of their employer given for the purposes of ensuring occupational health and safety; and

(g) report to their employer any thing or circumstance at the workplace that is likely to be hazardous to the health or safety of the employee or other individuals at the workplace.

205.028 Every employee shall

(a) while — and immediately before — being transported on a passenger craft, cooperate with the individual providing them with information and instruction on behalf of the operator, with their employer and with any individual who operates or assists in operating the passenger craft, so as to protect the health and safety of individuals on the passenger craft; and

(b) while being transported on a passenger craft, use or wear, in the manner intended, all personal protective equipment that is prescribed or that is required by the operator, or by any individual who operates or assists in operating the passenger craft, to be used or worn on the passenger craft.

205.029 No employee who, at the workplace or while — or immediately before — being transported on a passenger craft, comes to the assistance of another individual or carries out an emergency measure is personally liable for any injury or damage that may result from it, unless the injury or damage is a result of the employee’s gross negligence or wilful misconduct.

Duties of Suppliers and Providers of Services

205.03 Every supplier shall, to protect the health and safety of individuals at a workplace or on a passenger craft, take all reasonable measures to ensure that any thing it supplies for use at the workplace or on the passenger craft is in a safe condition.

205.031 Every supplier shall ensure

(a) that any thing it supplies for use at a workplace or on a passenger craft meets the requirements of the regulations made under this Part; and

(b) if there is an obligation in an agreement for the supplier to maintain the thing in safe condition, that it complies with that obligation.

205.032 Every provider of services shall take all reasonable measures to ensure that no individual at a workplace or on a passenger craft is endangered as a result of the services that it provides in connection with the workplace or passenger craft.

205.033 Every provider of services shall

(a) when it provides services in connection with a workplace that are 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 the workplace, ensure that those individuals have the qualifications and certifications — including any that are prescribed — that are necessary for them to perform the work or services in a manner that protects their health and safety and that of employees and other individuals at the workplace;

(b) ensure that any information that it provides in connection with the services that it provides is accurate and sufficiently complete so as to enable the operator or employer, as the case may be, to make a competent judgment on the basis of the information; and

(c) ensure, to the extent that it is possible to do so, that any operator, employer, employee, supplier or owner, or any other provider of services, will not, as a result of relying in good faith on its advice, or on a certificate, seal or stamp provided by it, be in contravention of the provisions of this Part or of the regulations made under this Part, or of the occupational health and safety requirements of the authorization or those undertaken in the declaration related to the authorization.

Duties of Owners, Interest Holders and Corporate Officials

205.034 Every owner shall take all reasonable measures to ensure that any workplace in respect of which they are an owner is delivered and maintained so as to ensure the health and safety of individuals at that workplace, including measures to inform the operator of known or foreseeable health or safety hazards that could assist the operator in

(a) reducing the risks posed by hazards at the workplace; and

(b) assessing whether the provisions of this Part and the regulations made under this Part — and the occupational health and safety requirements of any authorization related to the workplace that is issued to the operator, and the occupational health and safety requirements undertaken in the declaration related to the authorization — are being complied with.

205.035 Every interest holder shall take all reasonable measures to ensure that the operator for a workplace in any portion of the offshore area subject to the interest, or the share of the interest, of that interest holder complies with

(a) the provisions of this Part and the regulations made under this Part; and

(b) the occupational health and safety requirements of any authorization related to that workplace that is issued to the operator, and the occupational health and safety requirements undertaken in the declaration related to the authorization.

205.036 (1) Every director and every officer of a corporation that holds an authorization shall take all reasonable measures to ensure that the corporation complies with

(a) the provisions of this Part and the regulations made under this Part; and

(b) the occupational health and safety requirements of the authorization, and the occupational health and safety requirements undertaken in the declaration related to the authorization.

(2) Every director and every officer of a corporation that is a supplier or a provider of services shall take all reasonable measures to ensure that the corporation complies with sections 205.03 to 205.033.

(3) Every director and every officer of a corporation shall, if the corporation has duties under section 205.035, take all reasonable measures to ensure that the corporation complies with that section.

Communication of Information

205.037 (1) Every operator shall post in printed form, in a prominent place at each of its workplaces,

(a) its occupational health and safety policy;

(b) contact information to enable the reporting of health or safety concerns to the Board; and

(c) the names of the members of any committees established by the operator for that workplace, the members’ contact information and the minutes of the most recent meeting of those committees.

(2) Every operator shall make the following information and documents readily available at each of its workplaces in a prominent place accessible to every employee at the workplace, in printed or electronic form:

(a) a copy of this Part and the regulations made under this Part;

(b) a copy of the document describing the operator’s occupational health and safety management system;

(c) any code of practice required by the Chief Safety Officer under section 205.016 to be established or adopted by the operator for that workplace;

(d) any code of practice required by the Chief Safety Officer under section 205.021 to be established or adopted by any employer at that workplace;

(e) information relating to the equipment, methods, measures, standards or other things permitted to be used at the workplace under any permission granted under section 205.069, any conditions placed on the use of that equipment or those methods, meas­ures, standards or other things and the duration of the permission; and

(f) information relating to the equipment, methods, measures, standards or other things permitted to be used on a passenger craft, or whose use is permitted in respect of employees or other passengers being transported on a passenger craft, under any permission granted to the operator under section 205.07, any conditions placed on the use of that equipment or those methods, measures, standards or other things and the duration of the permission.

(3) Every operator shall, at the request of any employee or employer at any of the operator’s workplaces or by any committee established for any of those workplaces, make readily available for their examination any material incorporated by reference in the regulations made under this Part, in printed or electronic form.

(4) Every operator shall provide to any committee established for any of its workplaces, or to any employer or employee at any of those workplaces, in printed or electronic form, within seven days after the day on which an occupational health and safety officer requires it, any information that enables employees to become acquainted with their rights and responsibilities under this Part as the officer may require.

(5) An obligation imposed on an operator under subsection (1) is satisfied if the operator provides a copy of the information or document to each employee at the workplace.

205.038 (1) Every employer shall post, in a prominent place at each workplace for which it has established a special committee, in printed form, the names of the members of the special committee, the members’ contact information and the minutes of the most recent meeting of that committee.

(2) Every employer shall, in respect of a workplace under its control, provide to the operator, and make readily available in a prominent place accessible to its employees at the workplace, in printed or electronic form,

(a) a copy of the occupational health and safety program for the workplace; and

(b) any code of practice required by the Chief Safety Officer under section 205.021 to be established or adopted by the employer for the workplace.

(3) Every employer shall make available to the Board, if required by an occupational health and safety officer, and to any persons, unions and committees that an occupational health and safety officer may require, in printed or electronic form, within and for the time that the officer requires, any material or information referred to in subsections 205.037(3) and (4).

(4) An obligation imposed on an employer under subsection (1) is satisfied if the employer provides a copy of the information or document to each of its employees at the workplace.

205.039 (1) Every operator shall communicate to employees at a workplace and the workplace committee any information that the Chief Safety Officer requires to be communicated to them, within the time and in the manner specified by the Chief Safety Officer.

(2) An employer shall communicate to its employees at a workplace any information that the Chief Safety Officer requires to be communicated to them, within the time and in the manner specified by the Chief Safety Officer.

205.04 (1) Every operator and every employer shall immediately after preparing or being provided with a report respecting anything inspected, tested or monitored under this Part at the operator’s workplace or at a workplace under the employer’s control, as the case may be, including a report under section 205.074, notify all committees established for the workplace of the report and, subject to section 205.041, within seven days after the day on which a request is received from any of those committees, shall provide that committee with a copy of it.

(2) Every operator shall make available to any employee at the workplace, and the employer shall make available to any of its employees at the workplace, on request, a copy of any report that has been provided to a committee established for the workplace.

205.041 (1) If a report referred to in subsection 205.04(1) contains a trade secret, the operator or employer, as the case may be, may edit the report to protect the trade secret.

(2) If a report referred to in subsection 205.04(1) contains information relating to the medical history of an identifiable individual or other prescribed information relating to an identifiable individual, the operator or employer, as the case may be, shall edit the report to protect that information before providing it to a committee, unless the individual to whom the information relates consents in writing to the disclosure of the information to the committee.

(3) The edited report shall be provided to the committee within 21 days after the day on which the committee’s request is received.

205.042 (1) Subject to subsections (3) and (4), every operator who receives from a committee established for any of its workplaces or any employee at any of its workplaces a written request for any information related to occupational health and safety, other than a request for a report referred to in subsection 205.04(1), shall provide a written response to the request within 21 days after the day on which it is received.

(2) Subject to subsections (3) and (4), every employer who receives from a special committee it has established or any of its employees a written request for any information related to occupational health and safety, other than a request for a report referred to in subsection 205.04(1), shall provide a written response to the request within 21 days after the day on which it is received.

(3) If the request is made by a special committee, the operator or employer is required to respond only if the information is necessary for the particular purposes for which the committee was established.

(4) Subsections 205.047(3) to (8) apply to the request with any modifications that the circumstances require.

Committees and Coordinator

205.043 (1) Every operator shall establish one workplace committee for each of its workplaces, other than a workplace established for six months or less, for purposes related to occupational health and safety.

(2) Despite subsection (1), the Chief Safety Officer may authorize an operator to establish a single workplace committee in respect of two or more workplaces if the Chief Safety Officer is satisfied that the circumstances warrant it.

(3) An occupational health and safety committee described in subsection 205.045(1) is deemed to be a workplace committee in respect of the workplace referred to in that subsection and to have been established by the operator for that workplace.

(4) A workplace committee shall

(a) receive, consider, investigate if necessary and promptly dispose of matters and complaints related to occupational health and safety;

(b) participate in inspections referred to in paragraphs 205.013(q) and 205.019(1)(p), in the investigation of any matter under paragraph 205.022(f) and in the activities of any health and safety officers that pertain to a matter under section 205.049 or subsection 205.05(8) or 205.054(8), and, at the discretion of a health and safety officer, participate in the officer’s activities that pertain to occupational diseases and to accidents, incidents and other hazardous occurrences;

(c) maintain records in a form and manner approved by the Chief Safety Officer, and provide a copy of those records, on request, to a health and safety officer, or to any person within a class of persons that is prescribed;

(d) keep minutes of committee meetings in a form and manner approved by the Chief Safety Officer and provide a copy of those minutes, on request, to a health and safety officer, or to any person within a class of persons that is prescribed; and

(e) perform any other duties that are assigned to it by the Chief Safety Officer or that are assigned to it under an agreement between the operator and any employers and employees — or the union representing them — at the workplace.

(5) A workplace committee may

(a) seek to identify those things and circumstances at the workplace that are likely to be hazardous to the health or safety of employees, and advise on effective procedures to eliminate the hazards, to reduce the risks posed by the hazards and to protect against the hazards;

(b) advise the operator and the employers at the workplace on the occupational health and safety policy, the occupational health and safety management system and the occupational health and safety programs — and any procedures — required under this Part;

(c) advise on the provision of personal protective equipment suited to the needs of the employees;

(d) make recommendations, for the improvement of occupational health and safety, to the operator and the employers and employees at the workplace and to any supplier, owner or provider of services that carries out duties or functions under this Part; and

(e) participate in the activities described in subsection 205.079(1).

(6) An individual who serves as a member of a workplace committee is not personally liable for anything done or omitted to be done by them in good faith while carrying out their duties or functions.

205.044 (1) A workplace committee consists of any number of individuals that may be agreed to by the operator and the employees at the workplace or the unions representing them.

(2) The operator shall select no more than half of the members of a workplace committee from among employees at the workplace, at least one of whom shall be a representative of the operator. The other members, who represent the employees, shall be selected by the employees, or the unions representing them, from among employees at the workplace who do not exercise managerial functions.

(3) A workplace committee shall meet at least once every month, or more frequently if the Chief Safety Officer requires it.

(4) An employee who is a member of a workplace committee is entitled to any time off from work that is necessary to enable them to fulfil their duties and functions as a member of the committee, including time off to take training. That time off is considered to be work time for which the employee shall be paid the same wages and granted the same benefits that the employee would have received had they worked for that time.

(5) A workplace committee may establish its own rules of procedure, but in establishing those rules it shall comply with any requirements that are prescribed.

(6) A workplace committee is to be co-chaired by two of its members, one chosen by members that have been selected by employees, or unions representing them, and the other chosen by members that have been selected by the operator.

(7) If there is disagreement as to the size of a workplace committee, the selection of members or any other matter that prevents or impairs the proper functioning of the committee, the Chief Safety Officer shall determine the matter and provide those concerned with a written determination. A determination by the Chief Safety Officer is final and binding and not subject to review or appeal.

205.045 (1) If an operator establishes a workplace for six months or less, the operator shall — unless there is already an occupational health and safety committee for the workplace that meets the requirements of subsections 205.044(1), (2) and (6) — designate an employee at that workplace who has been approved by the Chief Safety Officer to act as an occupational health and safety coordinator in respect of that workplace.

(2) The coordinator shall

(a) receive, consider, investigate if necessary, and promptly dispose of matters and complaints related to occupational health and safety;

(b) assist their employer in carrying out the employer’s duties under paragraph 205.022(f);

(c) maintain records in a form and manner approved by the Chief Safety Officer, and provide a copy of those records, on request, to a health and safety officer, or to any person within a class of persons that is prescribed; and

(d) perform any other duties that are assigned to them by the Chief Safety Officer.

(3) The coordinator may make recommendations, for the improvement of occupational health and safety, to the operator and the employers and employees at the workplace and to any supplier, owner or provider of services that has duties or functions under this Part.

(4) The operator shall

(a) ensure that the coordinator is informed of their responsibilities as coordinator under this section;

(b) ensure that the coordinator is provided with the training in health and safety — including any that is prescribed — necessary to enable them to fulfil their duties and functions as coordinator; and

(c) make readily available to employees at the workplace, in printed form, the name of the coordinator and the coordinator’s contact information.

(5) The operator and the employers at the workplace shall cooperate with the coordinator and facilitate communications between the coordinator and the employees at the workplace.

(6) An individual who serves as a coordinator is not personally liable for anything done or omitted to be done by them in good faith while carrying out their duties or functions.

(7) An employee who is a coordinator is entitled to any time off from work that is necessary to enable them to fulfil their duties and functions as a coordinator, including time off to take training. That time off is considered to be work time for which the employee shall be paid the same wages and granted the same benefits that the employee would have received had they worked for that time.

205.046 (1) The Chief Safety Officer may, after consultation with an operator, order the operator to establish a special committee for any of its workplaces for particular purposes related to occupational health and safety.

(2) The Chief Safety Officer may, after consultation with an employer having control over a workplace, the operator, and the employer’s employees at the workplace or the union representing them, order the employer to establish a special committee for that workplace for particular purposes related to occupational health and safety.

(3) The order shall set out the mandate, duties and functions of the special committee and the responsibilities of the operator or employer, as the case may be.

(4) The operator or employer, as the case may be, shall establish the special committee within 15 days after the day on which it receives the order.

(5) Paragraphs 205.043(5)(b) and (d) and subsections 205.043(6) and 205.044(1) to (7) apply, with any modifications that the circumstances require, in respect of a special committee.

205.047 (1) Subject to subsections (4), (6) and (7), an operator or employer who receives recommendations from a committee established for any of the operator’s workplaces or for a workplace under the employer’s control, as the case may be, together with a written request to respond to the recommendations, shall provide a written response within 21 days after the day on which it receives the request.

(2) The response shall indicate the recommendations being accepted as well as the action, if any, that will be taken and the date by which it will be taken, and the recommendations being rejected, together with the reasons for the rejection.

(3) If it is not possible to provide a response within 21 days, the operator or employer, as the case may be, shall within that period provide the committee with a written explanation for the delay and propose a date on which the response will be provided.

(4) Unless the committee notifies the operator or employer, as the case may be, that it is not satisfied that the explanation provided or the proposed date is reasonable, the operator or employer shall provide the response by that date.

(5) If the committee is not satisfied that the explanation provided or the proposed date indicated is reasonable, the committee shall promptly report the matter to an occupational health and safety officer.

(6) If the occupational health and safety officer is satisfied that the explanation provided and the proposed date are reasonable, the officer shall notify the committee, and the operator or employer, as the case may be, that the operator or employer is to provide the response by the date indicated. The operator or employer, as the case may be, shall provide the response by that date.

(7) If the occupational health and safety officer is not satisfied that the explanation provided or the proposed date is reasonable, the officer shall determine the date on which the response is to be provided and notify the committee, and the operator or employer, as the case may be, of that date. The operator or employer, as the case may be, shall provide the response by that date.

(8) If the committee has not been provided with a response to its recommendations within the period required or if it considers that the response is not satisfactory, it shall inform an occupational health and safety officer of the matter.

Workplace Monitoring

205.048 (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.

(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.

(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.

(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.

(5) Monitoring may be carried out on the order of a health and safety officer under section 205.073 even if the notices referred to in paragraphs (4)(a) to (c) have not been given.

(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.

Reporting of Occupational Health and Safety Concerns

205.049 (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.

(2) The employee and the supervisor shall try to resolve the employee’s concern between themselves as soon as possible.

(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.

(4) If the employee’s concern is not resolved after they notify their employer, the employee may notify a health and safety officer.

Right to Refuse

205.05 (1) Subject to subsection (2), an employee may refuse to perform an activity at a workplace if they have reasonable cause to believe that the performance of the activity constitutes a danger to themselves or another individual.

(2) An employee is not permitted to refuse to perform an activity if the refusal puts the life, health or safety of another individual directly in danger.

(3) An employee who refuses to perform an activity shall immediately report the circumstances of the matter to their supervisor.

(4) The supervisor shall immediately take action to try to resolve the matter. If the supervisor believes that a danger exists, they shall immediately take any action that is necessary to protect any individual from the danger and to inform the workplace committee or the coordinator, as the case may be, the operator and the employee’s employer of the matter. If the supervisor does not believe that a danger exists, they shall so notify the employee.

(5) If the employee continues to refuse to perform the activity, they shall immediately notify their employer and the workplace committee or the coordinator, as the case may be, and the employer shall in turn notify the operator and any provider of services that is providing services related to the placement of that employee.

(6) Immediately after being notified under subsection (5), the operator shall notify an occupational health and safety officer of the continued refusal of the employee to perform the activity and of any remedial action taken.

(7) The workplace committee or the coordinator, as the case may be, may make any recommendations that they consider appropriate to the employee, the employee’s employer, the operator and any provider of services that is providing services related to the placement of that employee.

(8) The occupational health and safety officer shall, if the employee continues to refuse to perform the activity, enquire into the matter, taking into account the recommendations, if any, made by the workplace committee or the coordinator. The officer shall give to the employee, the employee’s employer, the operator and any provider of services that is providing services related to the placement of that employee, and to the workplace committee or the coordinator, as the case may be, a written notification of their decision on the matter.

(9) If the occupational health and safety officer decides that the performance of the activity constitutes a danger to the employee or another individual, the officer shall make any order under subsection 205.093(1) or (2) that the officer considers appropriate, and the employee may continue to refuse to perform the activity until the order is complied with or until it is varied or revoked under this Part.

(10) If the occupational health and safety officer decides that the performance of the activity does not constitute a danger to the employee or another individual, or that the refusal puts the life, health or safety of another individual directly in danger, the employee is not entitled under this section to continue to refuse to perform the activity.

205.051 (1) An employee who refuses under section 205.05 to perform an activity may accompany an occupational health and safety officer when the officer is enquiring into the matter under subsection 205.05(8), for the purpose of explaining the reasons for the employee’s refusal.

(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.

205.052 (1) Subject to any applicable collective agreement or other agreement, if an employee refuses under section 205.05 to perform an activity, the employer may assign reasonably equivalent work to the employee until the employee, by virtue of subsection 205.05(9) or (10), is no longer permitted to refuse to perform the activity.

(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.

(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 205.05(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.

(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.

(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.

(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 the provincial labour relations board determines in respect of an application made under section 205.063, 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.

205.053 (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.

(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.

205.054 (1) An employee may refuse to be transported on a passenger craft if they have reasonable cause to believe that being transported on it constitutes a danger to them.

(2) An employee who refuses to be transported on a passenger craft shall use the con- tact information provided under paragraph 205.014(1)(b) to immediately report the circumstances of the matter.

(3) On being notified of a refusal under subsection (2), the operator shall immediately notify the Chief Safety Officer unless the Chief Safety Officer has provided other contact information for the purposes of this subsection, in which case the operator shall use that contact information to make the notification.

(4) For as long as the employee continues to exercise their right to refuse to be transported on the passenger craft, or for any longer period specified by the Chief Safety Officer, the operator shall notify all other employees and other passengers to be transported on the passenger craft, before they are transported, of the refusal, the reasons for the refusal and the right of employees to refuse to be transported.

(5) The operator shall immediately take action to try to resolve the matter. If the operator believes that the transportation constitutes a danger to the employee, it shall immediately take any remedial action that is necessary and inform the workplace committee established for the workplace to or from which the employee was to be transported, and an occupational health and safety officer, of the matter. If the operator does not believe that the transportation constitutes a danger to the employee, it shall so notify the employee.

(6) If the employee continues to refuse to be transported, the operator shall immediately notify the workplace committee, the employee’s employer and an occupational health and safety officer of the continued refusal of the employee to be transported and of any remedial action taken. The employer shall in turn notify any provider of services that is providing services related to the placement of that employee.

(7) The workplace committee may make any recommendations to the employee and the operator that it considers appropriate.

(8) The occupational health and safety officer shall, if the employee continues to refuse to be transported, enquire into the matter, taking into account any recommendations made by the workplace committee. The occupational health and safety officer shall decide whether the transportation constitutes a danger to the employee, and shall give to the employee, the employee’s employer, the operator and the workplace committee a written notification of the decision. The employer shall in turn notify any provider of services that is providing services related to the placement of that employee.

(9) If the occupational health and safety officer decides that the transportation constitutes a danger to the employee, the officer shall make any order under subsection 205.093(1) or (2) that they consider appropriate, and an employee may continue to refuse to be transported until the order is complied with or until it is varied or revoked under this Part.

(10) If the occupational health and safety officer decides that the transportation does not constitute a danger to the employee, the employee is not entitled to continue to refuse to be transported.

205.055 (1) Subject to any applicable collective agreement or other agreement, if an employee refuses under section 205.054 to be transported, the employer may assign reasonably equivalent work to the employee until the employee, by virtue of subsection 205.054(9) or (10), is no longer permitted to refuse to be transported.

(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.

(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 205.054(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.

(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.

(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 the provincial labour relations board determines in respect of an application made under section 205.063, 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.

Pregnant or Nursing Employees

205.056 (1) Without prejudice to the rights conferred by section 205.05 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.

(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.

(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.

(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.

(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.

(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.

205.057 (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.

(2) The employee’s request shall be accompanied by a certificate described in paragraph 205.056(3)(a).

205.058 (1) An employer to whom a request has been made under subsection 205.057(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.

(2) An employee who has made a request under subsection 205.057(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.

(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.

(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.

(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 205.057(1), and shall continue to receive the wages and benefits that are attached to that job.

(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.

Reprisals and Complaints

205.059 (1) In this section and in sections 205.06 and 205.062, “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.

(2) No operator, employer, provider of serv- ices or union shall take, or threaten to take, reprisal action against an 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 205.048;

(c) making a report under section 205.049;

(d) refusing to perform an activity under section 205.05, refusing to be transported under section 205.054 or ceasing to perform a job under section 205.056;

(e) requesting the employer under section 205.057 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.

(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 205.05 or 205.054 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.

(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.

205.06 (1) An employee may, either personally or through a representative, apply to the provincial labour relations board for a decision as to whether

(a) an employer or provider of services has failed to pay wages or grant benefits to the employee that are required under subsection 205.019(2), 205.044(4), 205.045(7), 205.048(6), 205.051(2), 205.052(2) or (3), 205.053(1) or (2), 205.055(2) or (3), 205.056(6) or 205.058(2) or (5); or

(b) a person or organization has taken or threatened to take reprisal action against the employee contrary to subsection 205.059(2).

(2) The application shall be made within 90 days after the day on which the grounds for the application became known or ought to have become known to the employee.

(3) In a proceeding before the provincial labour relations board in respect of an allegation that reprisal action referred to in paragraph (1)(b) has been taken or threatened, the burden of proving that no such reprisal action has been taken or threatened is on the person or organization against whom the allegation is made.

(4) The rules of practice and procedure that apply to applications for the determination of a matter made under the Labour Relations Act, R.S.N.L. 1990, c. L-1, as amended from time to time (in this section and in sections 205.063, 205.1 and 205.103 referred to as the “Provincial Labour Relations Act”) apply to applications made under subsection (1).

(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 Board as defined in section 2.

(6) The provincial labour relations board and each of its members has the powers, privileges and immunities granted by the Provincial Labour Relations 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.

(8) 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.

(9) An employee who exercises their right within the time permitted under the collective agreement is not permitted to make an application 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.

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.

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.

(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.

(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.

(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.

(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.

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.

(2) The application shall be made within 30 days after all avenues of redress have been exhausted by the employee.

(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.

(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).

(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 Board as defined in section 2.

(6) The provincial labour relations board and each of its members has the powers, privileges and immunities granted by the Provincial Labour Relations 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.

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.

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.

Activities of Board

205.066 (1) The Board 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.

(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.

(3) The Board 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.

205.067 (1) The Board 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.

(2) The guidelines and interpretation notes are not statutory instruments for the purposes of the Statutory Instruments Act.

Authorization

205.068 (1) On receipt under subsection 138(3.1) 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 Board on the matters considered.

(2) In deciding whether to issue or amend an authorization, the Board shall take into account the recommendation of the Chief Safety Officer.

(3) In addition to any requirement or approval determined by the Board under Part III to which an authorization is subject, the authorization is also subject to any requirements and approvals, not inconsistent with the provisions of this Act or the regulations, that the Board determines relate to occupational health and safety.

Substitutions

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.

(2) The regulations are not considered to be contravened if there is compliance with a permission under subsection (1).

(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.

(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.

(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.

(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.

(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.

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.

(2) The regulations are not considered to be contravened if there is compliance with a permission under subsection (1).

(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.

(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.

(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.

(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.

(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.

Administration and Enforcement

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 indi- vidual 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.

(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 Board.

(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 Board.

(4) No individual may be designated under subsection (1) unless they have been recommended to the Provincial Minister by the Board.

(5) An individual designated under subsection (1) who is not an employee of the Board is deemed to be an officer for the purposes of section 16.

(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.

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.

(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.

(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 Board.

(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.

(5) No action lies against the Board 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.

205.073 (1) A health and safety officer may, for the purpose of verifying compliance with this Part, order an operator, employer, employee, supervisor, interest holder, owner, provider of services or supplier

(a) to do, in a place that is used for any work or activity for which an authorization has been issued, including a passenger craft or an aircraft or vessel that has been used or is intended to be used as a passenger craft, any of the following:

(i) inspect anything,

(ii) pose questions or conduct tests or monitoring, and

(iii) take photographs or measurements or make recordings or drawings;

(b) to accompany or assist the officer while the officer is in a place described in paragraph (a);

(c) to produce a document or another thing that is in their possession or control, or to prepare and produce a document based on data or documents that are in their possession or control, in the form and manner that the officer may specify;

(d) to provide, to the best of their knowledge, information relating to any matter to which this Part applies, or to prepare and produce a document based on that information, in the form and manner that the officer may specify;

(e) to ensure that all or part of a place described in paragraph (a), or anything located in the place, that is under their control, not be disturbed for a reasonable period pending the exercise of any powers under this section; and

(f) to remove anything from a place described in paragraph (a) and to provide it to the officer, in the manner specified by the officer, for examination, testing or copying.

(2) A health and safety officer may, for the purpose of verifying compliance with this Part, order any person in charge of a place, other than a person in charge of a place referred to in paragraph (1)(a), in which the officer has reasonable grounds to believe that there is anything to which this Part applies

(a) to inspect anything in the place;

(b) to pose questions, or conduct tests or monitoring, in the place;

(c) to take photographs or measurements, or make recordings or drawings, in the place;

(d) to accompany or assist the officer while the officer is in the place;

(e) to produce a document or another thing that is in their possession or control, or to prepare and produce a document based on data or documents that are in their possession or control, in the form and manner that the officer may specify;

(f) to provide, to the best of their knowledge, information relating to any matter to which this Part applies, or to prepare and produce a document based on that information, in the form and manner that the officer may specify;

(g) to ensure that all or part of the place, or anything located in the place, that is under their control, not be disturbed for a reasonable period pending the exercise of any powers under this section; and

(h) to remove anything from the place and to provide it to the officer, in the manner specified by the officer, for examination, testing or copying.

(3) A health and safety officer may, for the purpose of verifying compliance with this Part and subject to section 205.075, enter a place that is used for any work or activity for which an authorization has been issued, including a passenger craft or an aircraft or vessel that has been used or is intended to be used as a passenger craft, or any other place in which the officer has reasonable grounds to believe that there is anything to which this Part applies, and may for that purpose

(a) inspect anything in the place;

(b) pose questions, or conduct tests or monitoring, in the place;

(c) take samples from the place, or cause them to be taken, for examination or testing, and dispose of those samples;

(d) remove anything from the 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.

(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.

(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.

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.

(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.

(3) If a report contains a trade secret, the health and safety officer may edit the report to protect the trade secret.

(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.

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.

(2) The officer shall provide reasonable notice to the occupant before entering living quarters under paragraph (1)(b) or (c).

(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).

(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.

(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.

(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.

(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.

(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.

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.

(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.

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.

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.

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.

(2) If no employee representative from the workplace committee is available, the officer may select one or more other employees to accompany them.

(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.

(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.

(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.

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.

(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.

(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.

(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.

(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.

(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).

(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.

(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.

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.

(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.