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BILL NO. 62

                                              Government Bill

                 
                                                               
              3rd Session, 56th General Assembly
                         Nova Scotia
                    44 Elizabeth II, 1995

                 
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                                                               
                 An Act to Amend Chapter 320
                of the Revised Statutes, 1989,
            the Occupational Health and Safety Act










                 
                                                               
                                                               
                The Honourable Guy A. C. Brown
                      Minister of Labour


                 
                                                               
                                                               
                                                             
                 
                                                               
                           Halifax
          Printed by Queen's Printer for Nova Scotia
                               
                               
                               
                      Explanatory Notes


         Clause 1 sets out the Internal Responsibility System upon which the Occupational Health
and Safety Act is based.


         Clause 2 adds a number of new defined terms and amends a number of existing definitions.

         Clause 3 clarifies the application of the Act to Her Majesty in right of the Province and
expands the application of the Act to Her Majesty in right of Canada.



         Clause 4

            (a) expands the information that shall be exchanged between the Occupational
         Health and Safety Division (Division) and other bodies;

            (b) adds a reference to health and safety representative (representative)
         necessary as a result of other changes to the Act; and

            (c) requires the Division to annually submit a report on a review of the Act to the
         Advisory Council on Occupational Health and Safety (Advisory Council).


         Clause 5

            (a) allows persons to be appointed as officers who are not appointed in
         accordance with the Civil Service Act, who are employees in the field of occupational
         health and safety with other Provincial Government departments, municipal governments,
         other provincial governments, the federal government, bodies that are formed by a number
         of governments or agencies of governments, or any of the above; and

            (b) permits officers who are appointed in accordance with the Civil Service Act
         to be designated as Chief Compliance Officers.


         Clause 6

            (a) adds a reference to a representative that is necessary as a result of other
         changes to the Act;

            (b) requires the employer to provide training to members of joint occupational
         health and safety committees (committees) as prescribed by the regulations; and

            (c) requires the employer to establish an occupational health and safety policy
         (policy) and occupational health and safety program (program) where required pursuant
         to the Act or the regulations.



         Clause 7 provides for duties that must be carried out by a contractor, as defined in the Act.



         Clause 8 provides for duties that must be carried out by a constructor, as defined in the
Act.


         Clause 9 makes Section 11 of the Act gender-neutral.



         Clause 10

            (a) adds a reference to a representative that is necessary as a result of other
         changes to the Act; and

            (b) changes the location in the Act of an existing requirement for an employee to
         report a dangerous condition.



         Clause 11

            (a) makes Section 13 of the Act gender-neutral; and

            (b) adds a reference to a representative that is necessary as a result of other
         changes to the Act.

         Clause 12

            (a) provides for duties that must be carried out by an owner, as defined in the
         Act;

            (b) provides for duties that must be carried out by a provider of an occupational
         health or safety service;

            (c) provides for a duty that must be carried out by an architect or an engineer
         who gives advice or seals or stamps documents;

            (d) makes it an offence for an architect or engineer to give advice or seal or
         stamp documents negligently or incompetently and endanger a person at a workplace
         thereby; and

            (e) provides for a means of determining the degree of responsibility carried by
         a person upon whom a duty is imposed pursuant to the Act.




         Clause 13 makes it mandatory for the Minister of Labour (Minister) to establish an
Advisory Council and to appoint to it people who have knowledge and experience relating to the
protection and promotion of occupational health and safety.

         Clause 14 provides for the appointment of

            (a) alternate members of the Advisory Council and the terms of their
         appointment; and

            (b) sub-committees of the Advisory Council and their powers.



         Clause 15 expands the authority to pay members of the Advisory Council their expenses,
to alternates and members of subcommittees.



         Clause 16 clarifies that the Advisory Council may give advice to the Minister whether
requested to do so or not.



         Clause 17

            (a) requires the employer to prepare a written occupational health and safety
         policy where

                (i) five or more employees are regularly employed by an employer other
            than a constructor or contractor,

                (ii)    five or more employees are regularly employed directly by a
            constructor or contractor and those five or more employees do not include
            employees for whose services the constructor or contractor has contracted,

                (iii)   the regulations require an occupational health and safety policy, or


                (iv)    an officer so orders,

         and specifies the consultation to be carried out in development of the policy and minimum
         requirements for the contents of the policy; and

            (b) requires the employer to prepare a written occupational health and safety
         program where

                (i) twenty or more employees are regularly employed by an employer other
            than a constructor or contractor,

                (ii)    twenty or more employees are regularly employed directly by a
            constructor or contractor and those twenty or more employees do not include
            employees for whose services the constructor or contractor has contracted, or

                (iii)   the regulations require an occupational health and safety program,

         and specifies the minimum requirements for the contents of the program.




         Clause 18 provides that the Chief Compliance Officer may consult with the employer and
employees at a workplace to obtain their views regarding whether a committee should be formed
at the workplace and the Chief Compliance Officer, rather than the Minister as the Act now
provides, may require that it be formed.

         Clause 19

            (a) provides for the frequency of committee meetings;

            (b) provides that the Chief Compliance Officer may make determinations on
         certain matters regarding committees when the committee cannot agree on them;

            (c) requires that the time an employee takes to undergo training prescribed by
         the regulations be deemed work time for which the employee shall be paid;

            (d) repeals a posting requirement and reenacts it elsewhere in the Act;

            (e) requires that a committee be co-chaired by a member who represents
         employees and one who is selected by the other members, unless the committee determines
         another arrangement for chairing in its rules of procedure; and

            (f) requires committees to include in their rules of procedure an annual
         determination of the method of selecting the persons who will chair the committee and
         hold the positions for the coming year.




         Clause 20

            (a) adds to the functions of committees that the committee must

                (i) co-operatively identify hazards and systems for responding to them and
            audit compliance with health and safety requirements, and

                (ii)    advise the employer regarding a policy or program required pursuant
            to the Act or regulations, rather than establish the program,

         and requires that the Chief Compliance Officer carry out certain duties rather than the
         Director; and

            (b) repeals a subsection where the content is reenacted and expanded upon
         elsewhere in the Act.















         Clause 21

            (a) requires the selection of a representative where the number of persons
         employed at the workplace is five or more;


            (b) provides that at a workplace where fewer than five persons are employed, the
         Chief Compliance Officer may consult with the employer and employees at the workplace
         to obtain their views regarding whether a representative should be selected at the
         workplace, and require that one be selected;

            (c) provides that a representative is entitled to paid time off from work to carry
         out the duties of a representative;

            (d) sets out the functions of a representative;

            (e) requires an employer who receives written recommendations from a
         committee or representative to reply to the recommendations;

            (f) requires employers to post information regarding committee members and
         representatives and the most recent minutes of committee meetings;

            (g) requires that a committee or a representative, employer or employee who so
         requests in writing be provided with an annual summary of data relating to the employer,
         where the Workers' Compensation Act applies to the workplace;

            (h) requires that reports of inspections made and reports of workplace
         occupational health or safety monitoring or tests taken at the workplace be made available
         to the committee, representative and employees;

            (i) requires an employer to reply to a request for other information of a health
         or safety nature;

            (j) provides for observation by an employee of workplace occupational health or
         safety monitoring and the taking of samples or measurements that relate to the health or
         safety of employees at a workplace; and

            (k) requires that the employer post an order, compliance notice, appeal notice
         or decision and deliver a copy to the committee or representative where there is one.



























         Clause 22

            (a) removes the requirement for the officer to investigate only in consultation with
         the Director;

            (b) adds a reference to representative to a provision that is being reenacted in
         a different location in the Act;

            (c) gives to an employee who exercises the employee's right to refuse to work, the
         right to accompany the officer, committee or representative on a physical inspection of the
         workplace to ensure others understand the reasons for the refusal;

            (d) clarifies that payment to the refusing employee, for the period of time spent
         accompanying the officer, will depend on whether the refusal is a reasonable one;

            (e) adds a cross-reference necessary as a result of the addition of another
         subsection; and

            (f) clarifies that a refusal must be reasonable, but need not be the subject of a
         complaint adjudication, in order for the employee to be paid.











         Clause 23 makes Section 23 of the Act gender-neutral.



         Clause 24 repeals a Section, the contents of which are reenacted elsewhere in the Act.

         Clause 25

            (a) expands the list of activities against which an employer is prohibited from
         taking discriminatory action against an employee to include

                (i) the association of the employee with a representative, seeking the
            selection of a representative and performing the functions of a representative,

                (ii)    seeking information by the employee or the employee taking the role of
            an observer, and

                (iii)   the employee giving information to a representative;

            (b) repeals the procedure for dealing with alleged discriminatory action by
         relying on arbitration pursuant to a collective agreement or the filing of a complaint with
         the adjudication committee established pursuant to the regulations; and

            (c) changes a cross-reference required as a result of other changes to the Act.









         Clause 26 provides

            (a) that a complaint of discriminatory action or failure to pay pay or benefits due
         pursuant to the Act shall be

                (i) investigated by an occupational health and safety officer who identifies
            any contravention or amount due,

                (ii)    where a complaint is not settled within 10 days after the officer reports,
            addressed by enabling an order of the Director of Labour Standards or, if the
            employee could file a grievance under a collective agreement, addressed through
            the grievance arbitration process,

                (iii)   except where the employee who complains of discriminatory action
            could use the grievance arbitration process under a collective agreement, addressed
            by enabling an appeal of the decision of the Director of Labour Standards to the
            Labour Standards Tribunal, and in some cases the matter may be referred directly
            to the Labour Standards Tribunal after the officer has reported;

         and

            (b) for the procedures and powers of the Director of Labour Standards and the
         Labour Standards Tribunal.









         Clause 27 removes the reference to an adjudication committee and makes other wording
changes necessary as a result of this change.








         Clause 28 gives officers additional powers.
































         Clause 29

            (a) permits an officer to seize without a warrant or court order in certain
         instances and provides a process to be followed where the officer chooses to exercise this
         power; and

            (b) gives an officer the powers, authorities and immunities of a peace officer as
         defined in the Criminal Code when carrying out duties pursuant to the Act.






















         Clause 30 provides that

            (a) unless an officer makes an inquiry in private

                (i) the employer is required to give the representative or employee member
            of the committee, where there is one, the opportunity to accompany the officer
            during a physical inspection of the workplace, and

                (ii)    a representative of the employer has such a right,

         but if either is unavailable, the officer is empowered to carry out the inspection without
         such persons;

            (b) the entitlement in the present law to pay protection for an employee who
         accompanies an officer on an inspection is limited, in the case of a work refusal under
         Section 22, to situations where the refusal is reasonable;

            (c) adds a reference to representative that is necessary as a result of other
         changes to the Act; and

            (d) requires officers to provide employers with reports of inspections of the
         workplace and of workplace occupational health or safety monitoring or tests taken at the
         workplace by officers so that they may meet their responsibilities pursuant to the Act to
         provide these to committees, representatives and employees.
































         Clause 31 provides that an officer may make an inquiry in private.









         Clause 32 makes Section 30 of the Act gender-neutral.










         Clause 33

            (a) requires the confirmation of an oral order in writing and provides that an
         oral order is effective pursuant to the Act before it is confirmed in writing; and

            (b) repeals an existing requirement that the officer provide a written order only
         if requested to do so, or that the officer consult with the Director, replacing elimination
         of the Director in these cases with an appeal process provided for elsewhere in the Act.















         Clause 34 removes the requirement for the officer to consult with the Director before
making a determination that something is unsafe or does not comply with prescribed standards.

         Clause 35

            (a) gives the officer the power in certain circumstances to order an employer,
         owner, contractor or constructor to obtain an expert report or have tests carried out;

            (b) requires that a person against whom an order is made submit a compliance
         notice in certain cases and provides that compliance is achieved when an officer
         determines that it has been achieved; and

            (c) provides for an appeal by a complainant of a decision of an officer not to
         issue an order, supplementing the right of other parties to appeal orders, provided
         elsewhere in the Act, and provides that the decision of an officer in this case is not final.










































         Clause 36 substitutes the Chief Compliance Officer for the Director in exercising powers
regarding the use of chemicals in the workplace.


         Clause 37

            (a) substitutes the Chief Compliance Officer for the Director in exercising powers
         regarding lists of chemicals that employers are required to prepare; and

            (b) adds a reference to a representative that is necessary as a result of other
         changes to the Act.


         Clause 38 substitutes the Chief Compliance Officer for the Director in exercising powers
regarding information respecting chemical substances.


         Clause 39 corrects a Section reference necessary as a result of other changes to the Act.


         Clause 40 corrects a Section reference necessary as a result of other changes to the Act.


         Clause 41 provides that, except in accordance with the Act and the regulations, an expert
who makes an examination at the request of an officer shall not disclose in any way the
information acquired, furnished, obtained, made or received under the powers exercised in doing
so.

         Clause 42 adds a reference to a representative that is necessary as a result of other
changes to the Act.


         Clause 43

            (a) substitutes the Chief Compliance Officer for the Director in exercising powers
         regarding a code of practice; and

            (b) removes the requirement to post a code of practice and reenacts it elsewhere
         in the Act.

         Clause 44

            (a) removes the requirement to make certain information available at the
         workplace; and

            (b) provides for a more comprehensive list of information that must be posted or
         made available at the workplace; and

            (c) provides the criteria that shall be met when anything is required to be posted
         pursuant to the Act or the regulations.



























         Clause 45 removes references to the Metalliferous Mines and Quarries Regulation Act and
the Coal Mines Regulation Act that are unnecessary as a result of the repeal of these statutes.

         Clause 46 removes a provision permitting a certificate to be admitted as prima facie
evidence and substitutes a more comprehensive provision covering the admission of a broader
range of documents into evidence.

























         Clause 47 makes Section 45 of the Act gender-neutral.



         Clause 48

            (a) gives the power of arrest without warrant in certain instances to a police
         officer when the police officer has reasonable and probable grounds to believe that an
         order issued pursuant to subsection 31(3) is being contravened, and provides for the
         process to be followed subsequent to such an arrest;

            (b) clarifies that an accused in a prosecution shall prove due diligence was taken
         by the accused to comply with specified duties; and

            (c) provides that a prosecution for an offence pursuant to the Act shall not be
         commenced more than two years after the later of

                (i) the date on which the offence was committed,

                (ii)    the date on which evidence of the offence first came to the attention of
            an officer.












         Clause 49

            (a) adds to the list of offences as a result of other changes made to the Act;

            (b) increases the maximum fine to $250,000 from $10,000;

            (c) increases the maximum imprisonment to two years from twelve months;

            (d) increases the fine for a continuing offence to $25,000 per day from $1,000 per
         day; and

            (e) provides for an additional fine in an amount equal to monetary benefits
         accrued where a court is satisfied that monetary benefits have accrued to an offender.















         Clause 50 provides for other punishments in addition to fines and imprisonment.









































         Clause 51 clarifies the circumstances in which an employer shall not be liable for the
wrongdoing of a person who exercises management functions for the employer.










         Clause 52

            (a) permits an application to be made to the Chief Compliance Officer for a
         deviation for a workplace from regulations that apply to the workplace, and provides for
         the process, including communication of the application, that shall be undertaken in
         authorizing such a deviation;

            (b) establishes an appeal procedure that permits appeals to the Chief Compliance
         Officer by aggrieved persons, as defined in the Act, from

                (i) an order made by an officer pursuant to the Act or the regulations,

                (ii)    the decision of an officer not to issue an order, or

                (iii)   any decision for which a right of appeal to the Chief Compliance
            Officer is provided in the regulations;

            (c) establishes a further appeal procedure that permits appeals to an Appeal
         Panel by an aggrieved person from an order or decision of the Chief Compliance Officer
         made pursuant to the Act or the regulations;

            (d) provides for the establishment in consultation with management and labour,
         of lists of persons from which members of an Appeal Panel are chosen;

            (e) provides for the powers, procedures and composition of an Appeal Panel, and
         the role of the Director in an Appeal Panel; and

            (f) provides for immunity for an Appeal Panel or a member or the chair of an
         Appeal Panel, the Chief Compliance Officer, the Labour Standards Tribunal or a member
         of the Labour Standards Tribunal, a Labour Standards officer or the Director of Labour
         Standards or an officer from a claim for damages arising from acts done in good faith.



         Clause 53 adds regulation-making powers.























































         Clause 54 repeals the Coal Mines Regulation Act.


         Clause 55 repeals the Metalliferous Mines and Quarries Act.



         Clauses 56, 57 and 58 set out the effective dates of the amendments contained in the Bill.





                  An Act to Amend Chapter 320
                 of the Revised Statutes, 1989,
             the Occupational Health and Safety Act



         Be it enacted by the Governor and Assembly as follows:


         1  Chapter 320 of the Revised Statutes, 1989, the Occupational Health and Safety Act,
is amended by adding immediately after Section 1 the following Section:

            1A  The foundation of this Act is the Internal Responsibility System which 

                (a) is based on the principle that

                    (i) employers, contractors, constructors, employees and self-employed persons at a workplace, and

                    (ii)    the owner of a workplace, a supplier of goods or provider of an
                occupational health or safety service to a workplace or an architect or
                professional engineer, all of whom can affect the health and safety of persons
                at the workplace,

              share the responsibility for the health and safety of persons at the workplace;

                   (b)  assumes that the primary responsibility for creating and maintaining
              a safe and healthy workplace should be that of each of these parties, to the extent
              of each party's authority and ability to do so;

                   (c)  includes a framework for participation, transfer of information and
              refusal of unsafe work, all of which are necessary for the parties to carry out their
              responsibilities pursuant to this Act and the regulations; and

                   (d)  is supplemented by the role of the Occupational Health and Safety
              Division of the Department of Labour, which is not to assume responsibility for
              creating and maintaining safe and healthy workplaces, but to establish and clarify
              the responsibilities of the parties under the law, to support them in carrying out
              their responsibilities and to intervene appropriately when those responsibilities are
              not carried out.


         2    Section 2 of Chapter 320 is amended by

              (a)  striking out clause (a) and substituting the following clauses:

                   (a)  "aggrieved person" means an employer, constructor, contractor,
              employee, self-employed person, owner, supplier, provider of an occupational
              health or safety service, architect, engineer, or union at a workplace who is directly
              affected by an order, decision or determination for which a right of appeal to the
              Chief Compliance Officer or Appeal Panel is provided in this Act or the regulations;

                   (aa) "Appeal Panel" means an Appeal Panel established pursuant to this
              Act;

                   (ab) "Chief Compliance Officer" means a Chief Compliance Officer
              appointed pursuant to this Act;

              (b)  adding "or herself" immediately after "himself" in the third line of clause (c);

              (c)  adding immediately after clause (c) the following clause:

                   (ca) "contractor" means a person who contracts for work to be performed
              at the workplace of the contractor, but does not include a dependent contractor or
              a constructor;

              (d)  striking out "his" in the third line of clause (e) and substituting "that
         person's";

              (e)  striking out "person" in the sixth line of clause (e);

              (f)  striking out "he" in the sixth line of clause (e) and substituting "the person";

              (g)  striking out "that person" in the seventh line of clause (e) and substituting "the
         other";

              (h)  striking out "that person" in the eighth and ninth lines of clause (e) and
         substituting "the person";

              (i)  striking out "that person" in the ninth line of clause (e) and substituting "the
         other";

              (j)  adding immediately after clause (f) the following clause:

                   (fa) "Director of Labour Standards" means the Director of Labour
              Standards within the meaning of the Labour Standards Code;

              (k)  adding immediately after clause (i) the following clauses:

                   (ia) "Labour Standards officer" means an officer appointed pursuant to the
              Labour Standards Code;

                   (ib) "Labour Standards Tribunal" means the Labour Standards Tribunal
              within the meaning of the Labour Standards Code;

              (l)  striking out "and includes the Director" in the second and third lines of clause
         (l) and substituting ", except as the context otherwise requires, and includes the Director
         and a Chief Compliance Officer";

              (m)  adding immediately after clause (l) the following clauses:

                   (la) "owner" includes a trustee, receiver, mortgagee in possession, tenant,
              lessee or occupier of lands or premises used as a workplace and a person who acts
              for, or on behalf of, an owner as an agent or delegate;

                   (lb) "police officer" means

                        (i)  a member of the Royal Canadian Mounted Police, or

                        (ii) a member or chief officer of a police force appointed pursuant
                   to Section 14 or 17 of the Police Act;

                   (lc) "policy" means an occupational health and safety policy required
              pursuant to Section 17A;

                   (1d) "practicable" means possible given current knowledge, technology and
              invention;

                   (le) "program" means an occupational health and safety program required
              pursuant to Section 17B, unless the context otherwise requires;

              (n)  adding immediately after clause (m) the following clauses:

                   (ma) "reasonably practicable" means practicable unless the person on whom
              a duty is placed can show that there is a gross disproportion between the benefit of
              the duty and the cost, in time, trouble and money, of the measures to secure the
              duty;

                   (mb) "regularly employed" includes seasonal employment with a predictably
              recurring period of employment that exceeds four weeks, unless otherwise
              established by regulation or ordered by an officer; 

              (o)  adding immediately after clause (n) the following clause:

                   (na) "representative" means a health and safety representative selected
              pursuant to this Act;

         and

              (p)  striking out "his" in the second line of clause (o) and substituting "that
         person's".


         3    Section 3 of Chapter 320 is repealed and the following Section substituted:

              3    (1)  This Act binds Her Majesty in right of the Province.

                   (2)  This Act applies to

                        (a)  every agency of the Government of the Province;

                        (b)  all matters within the legislative jurisdiction of the Province; and

                        (c)  Her Majesty in right of Canada, every agency of the government
                   of Canada and every other person whose workplace health and safety
                   standards are ordinarily within the legislative jurisdiction of the Parliament
                   of Canada, to the extent that Her Majesty in right of Canada submits.


         4    Subsection 6(1) of Chapter 320 is amended by

              (a)  adding "and information" immediately after "statistics" in the fourth line of
         clause (b);

              (b)  adding ", health and safety representatives" immediately after "committees"
         in the fourth line of clause (c);

              (c)  striking out "and" immediately after clause (e); and

              (d)  adding immediately after clause (e) the following clause:

                   (ea) annually, submit to the Advisory Council a report on a review of this
              Act; and


         5    Section 7 of Chapter 320 is amended by

              (a)  adding "(1)" immediately after the Section number;

              (b)  adding ", subject to subsection (2)," immediately before "such" in the third
         line; and

              (c)  adding the following subsections:

                   (2)  Notwithstanding the requirement in subsection (1) to appoint officers
              in accordance with the Civil Service Act, the Minister may appoint officers, to
              administer and enforce this Act and the regulations, who are employees of

                        (a)  the federal government or an agency thereof;

                        (b)  another provincial government or an agency thereof;

                        (c)  another Provincial Government department or an agency of the
                   Provincial Government;

                        (d)  a municipality within the meaning of the Municipal Affairs Act
                   or an agency thereof; or

                        (e)  an agency created by any combination of the governments of this
                   Province, other provinces or the federal government,

              and who work in the field of occupational health and safety.

                   (3)  The Minister shall designate one or more of the officers who are
              appointed pursuant to subsection (1) as Chief Compliance Officers.

         6    (1)  Clause 9(1)(f) of Chapter 320 is amended by striking out "his" in the first line
and substituting "the employer's".

              (2)  Subsection 9(2) of Chapter 320 is amended by

                   (a)  adding", or the health and safety representative, where one has been
              selected at the workplace" immediately after "workplace" in the fourth line of clause
              (a);

                   (b)  striking out "and" immediately after clause (b);

                   (c)  adding immediately after clause (b) the following clause:

                        (ba) provide such additional training of committee members as may
                   be prescribed by the regulations;

                   (d)  striking out the period at the end of clause (c) and substituting "; and";
              and

                   (e)  adding immediately after clause (c) the following clause:

                        (d)  where an occupational health and safety policy or occupational
                   health and safety program is required pursuant to this Act or the regulations,
                   establish at the workplace the policy or program.


         7    Chapter 320 is further amended by adding immediately after Section 9 the following
Section:

              9A   Every contractor shall take every precaution that is reasonable in the
         circumstances to ensure

                   (a)  the health and safety of persons at or near a workplace;

                   (b)  that the activities of the employers and self-employed persons at the
              workplace are coordinated;

                   (c)  communication between the employers and self-employed persons at
              the workplace of information necessary to the health and safety of employees; 

                   (d)  that the measures and procedures prescribed pursuant to this Act and
              the regulations are carried out at the workplace; and

                   (e)  that every employee, self-employed person and employer performing
              work at the workplace complies with this Act and the regulations.


         8    Section 10 of Chapter 320 is amended by adding immediately after clause (a) the
following clauses:

              (aa) ensure that the activities of the employers and self-employed persons at the
         project are co-ordinated;

              (ab) ensure communication between the employers and self-employed persons at
         the project of information necessary to the health and safety of employees, and facilitate
         communication with any committee or representative required for the project pursuant to
         this Act or the regulations; 


         9    Section 11 of Chapter 320 is amended by

              (a)  striking out "him" in the second line of clause (a) and substituting "the
         supplier";

              (b)  striking out "his" in the second line of clause (b) and substituting "the
         supplier's"; and

              (c)  striking out "him" in the second line of clause (c) and substituting "the
         supplier".


         10   Section 12 of Chapter 320 is amended by

              (a)  adding "(1)" immediately after the Section number;

              (b)  striking out "his" in the second line of clause (b) and substituting "the
         employee's";

              (c)  striking out "his" in the first and in the second lines of clause (b) and
         substituting in each case "the employee's";

              (d)  adding ", or the health and safety representative, where one has been selected
         at the workplace" immediately after "workplace" in the third line of clause (d); and

              (e)  adding the following subsection:

                   (2)  Where an employee believes that any condition, device, equipment,
              machine, material or thing or any aspect of the workplace is or may be dangerous
              to the employee's health or safety or that of any other person at the workplace, the
              employee

                        (a)  shall immediately report it to a supervisor;

                        (b)  may, where the matter is not remedied to the employee's
                   satisfaction, report it to the committee or the representative, if there is one;
                   and

                        (c)  shall, where the matter is not remedied to the employee's
                   satisfaction, report it to the Division.


         11   Section 13 of Chapter 320 is amended by

              (a)  striking out "his" in the second and in the third lines of clause (a) and
         substituting in each case "the self-employed person's"; and

              (b)  striking out clause (b) and substituting the following clause:

                   (b)  co-operate with any employer, joint occupational health and safety
              committee or health and safety representative which may be found at a place at
              which the self-employed person conducts an undertaking, to protect the self-employed person's own health and safety and that of other persons who may be
              affected by the undertaking.


         12   Chapter 320 is further amended by adding immediately after Section 13 the
following Sections:

              13A  Every owner shall

                   (a)  take every precaution that is reasonable in the circumstances to provide
              and maintain the land or premises

                        (i)  in a manner that ensures the health and safety of persons at or
                   near the workplace, and

                        (ii) in compliance with this Act and the regulations; and

                   (b)  give to the employer at the workplace the information that is

                        (i)  known to the owner or that the owner could reasonably be
                   expected to know, and

                        (ii) necessary to identify and eliminate or control hazards to the
                   health or safety of persons at the workplace.

              13B  Every person or body who, for gain, is a provider of an occupational health
         or safety service shall take every precaution that is reasonable in the circumstances to

                   (a)  ensure that no person at a workplace is endangered as a result of the
              provider's activity; and

                   (b)  ensure, where the service involves providing information, that the
              information provided is accurate and sufficiently complete to enable the recipient
              to make a competent judgement on the basis of the information.

              13C  (1)  An architect, as defined in the Architects Act, who gives advice or
         affixes the architect's seal to documents or a professional engineer, as defined in the
         Engineering Profession Act, who gives advice or stamps documents shall take every
         precaution that is reasonable in the circumstances to ensure that a person who is likely
         to rely on the advice, seal or stamp will not be in contravention of this Act or the
         regulations as a result of such reliance.

                   (2)  Where

                        (a)  an architect, as defined in the Architects Act, gives advice or
                   affixes the architect's seal to documents; or

                        (b)  a professional engineer, as defined in the Engineering Profession
                   Act, gives advice or stamps documents,

         negligently or incompetently and a person at a workplace is endangered thereby, the
         architect or professional engineer contravenes this Act.

              13D  (1)  A specific duty imposed by this Act or the regulations does not limit the
         generality of any other duty imposed by this Act or the regulations.

                   (2)  Where a provision of this Act or the regulations imposes a duty or
         requirement on more than one person, the duty or requirement is meant to be imposed
         primarily on the person with the greatest degree of control over the matters that are the
         subject of the duty or requirement.

                   (3)  Notwithstanding subsection (2), but subject to subsection (5), if the
         person with the greatest degree of control fails to comply with a duty or requirement
         referred to in subsection (2), the other person or persons on whom the duty or
         requirement lies shall, where possible, comply with the provision.

                   (4)  If the person with the greatest degree of control complies with a
         provision described in subsection (2), the other persons are relieved of the obligation to
         comply with the provision only

                        (a)  for the time in which the person with the greatest degree of
                   control is in compliance with the provision;

                        (b)  if simultaneous compliance by more than one person would
                   result in unnecessary duplication of effort and expense; and

                        (c)  if the health and safety of persons at the workplace is not put at
                   risk by compliance by only one person.

                   (5)  If the person with the greatest degree of control fails to comply with a
         provision described in subsection (2) but one of the other persons on whom the duty or
         requirement is imposed complies with the provision, the other persons, if any, to whom the
         provision applies are relieved of the obligation to comply with the provision in the
         circumstances set out in clauses (a) to (c) of subsection (4), with any necessary
         modifications.


         13   Section 14 of Chapter 320 is amended by striking out "may" in the first and in the
third lines and substituting in each case "shall".


         14   (1)  Subsection 15(2) of Chapter 320 is amended by striking out "Chairman" in
the first and in the third lines and substituting in each case "Chair".

              (2)  Section 15 of Chapter 320 is further amended by adding immediately after
subsection (2) the following subsections:

                   (2A) The Minister may appoint one or more alternate members of the
              Council.

                   (2B) An alternate member of the Council shall act in place of a member of
              the Council.

                   (2C) A member or alternate member of the Council holds office during the
              term prescribed in that person's appointment and may be re-appointed.

                   (2D) The Council may, with the approval of the Minister, appoint one or
              more subcommittees of the Council and a subcommittee shall perform any of the
              functions described in Section 17, as determined by the Council.

                   (2E) For greater certainty, a person who is not a member of the Council
              may be a member of a subcommittee of the Council. 

              (3)  Subsection 15(3) of Chapter 320 is amended by striking out "co-chairmen"
in the second and third lines and substituting "co-chairs".


         15   Section 16 of Chapter 320 is repealed and the following Section substituted:

              16   The members of the Council or a subcommittee of the Council shall be paid
         their reasonable expenses incurred by them in the course of carrying out their duties for
         the Council.


         16   Section 17 of Chapter 320 is amended by

              (a)  adding ", including providing recommendations, giving advice and
         monitoring and reporting on occupational health and safety throughout the Province"
         immediately after "safety" in clause (b); and

              (b)  striking out all the words after "safety" in the second line of clause (d) to the
         end of the clause.


         17   Chapter 320 is further amended by adding immediately after Section 17 the
following Sections:

              17A  (1)  Where

                        (a)  five or more employees are regularly employed by an employer
                   other than a constructor or contractor;

                        (b)  five or more employees are regularly employed directly by a
                   constructor or contractor and those five or more employees do not include
                   employees for whose services the constructor or contractor has contracted;

                        (c)  the regulations require an occupational health and safety policy;
                   or

                        (d)  an officer so orders,

         the employer shall prepare and review, at least annually, a written occupational health
         and safety policy, in consultation with the committee or representative, if there is one.

                   (2)  Where a workplace is not required pursuant to this Act or the regula-
         tions to have a committee, consultation on the development of the policy shall be carried
         out and shall include discussion of the proposed policy at one or more workplace health
         and safety meetings involving the employees.

                   (3)  The policy shall express the employer's commitment to occupational
         health and safety and shall include

                        (a)  the reasons for the employer's commitment to health and safety;

                        (b)  the commitment of the employer to co-operate with the employees
                   in pursuing occupational health and safety; and

                        (c)  the responsibilities of the employer, supervisors and other
                   employees in fulfilling the commitment required pursuant to clause (b).

              17B  (1)  Where

                        (a)  twenty or more employees are regularly employed by an
                   employer other than a constructor or contractor;

                        (b)  twenty or more employees are regularly employed directly by a
                   constructor or contractor and those twenty or more employees do not include
                   employees for whose services the constructor or contractor has contracted;
                   or

                        (c)  the regulations require an occupational health and safety
                   program,

         the employer shall establish and maintain a written occupational health and safety
         program, in consultation with the committee or representative, if there is one, that is
         adapted to the circumstances of the organization for the purpose of implementing the
         employer's policy, this Act and the regulations.

                   (2)  The program shall include

                        (a)  provision for the training and supervision of employees in
                   matters necessary to their health and safety and the health and safety of other
                   persons at the workplace;

                        (b)  provision for the preparation of written work procedures
                   required to implement safe and healthy work practices, including those
                   required pursuant to this Act, the regulations or by order of an officer, and
                   identification of the types of work for which the procedures are required at
                   the employer's workplace;

                        (c)  provision for the establishment and continued operation of a
                   committee required pursuant to this Act, including maintenance of records
                   of membership, rules of procedure, access to a level of management with
                   authority to resolve health and safety matters and any information required
                   pursuant to this Act or the regulations to be maintained in relation to a
                   committee;

                        (d)  provision for the selection and functions of a representative
                   where required pursuant to this Act, including provision for access by the
                   representative to a level of management with authority to resolve health and
                   safety matters;

                        (e)  a hazard identification system that includes

                             (i)  evaluation of the workplace to identify potential hazards,

                             (ii) procedures and schedules for regular inspections,

                             (iii)     procedures for ensuring the reporting of hazards and the
                        accountability of persons responsible for the correction of hazards,
                        and

                             (iv) identification of the circumstances where hazards are to
                        be reported by the employer to the committee or representative, if any,
                        and the procedures for doing so;

                        (f)  a system for workplace occupational health and safety
                   monitoring, prompt follow-up and control of hazards identified;

                        (g)  a system for the prompt investigation of hazardous occurrences
                   to determine their cause and the action needed to prevent a recurrence;

                        (h)  maintenance of records and statistics, including reports of
                   occupational health and safety inspections and occupational health and safety
                   investigations, with provision for making them available to persons entitled
                   to receive them pursuant to this Act; and

                        (i)  provision for monitoring the implementation and effectiveness of
                   the program.

                   (3)  The employer shall make available a copy of the program

                        (a)  to the committee or representative, if there is one; and

                        (b)  on request, to an employee at the workplace.


         18   Subsection 18(2) of Chapter 320 is repealed and the following subsection
substituted:

              (2)  At a workplace where fewer than twenty persons are regularly employed, the
         Chief Compliance Officer may 

                   (a)  consult with the employer and employees at the workplace regarding
              whether a joint occupational health and safety committee should be formed at the
              workplace; and

                   (b)  require that a joint occupational health and safety committee be
              established and such a committee shall be established where the Chief Compliance
              Officer so requires.


         19   (1)  Subsection 19(2) of Chapter 320 is amended by striking out "he" in the fourth
line and substituting "the employer".

              (2)  Section 19 of Chapter 320 is further amended by adding immediately after
subsection (3) the following subsections:

                   (3A) A committee shall meet at least once each month unless

                        (a)  a different frequency is prescribed by the regulations; or

                        (b)  the committee alters the required frequency of meetings in its
                   rules of procedure.

                   (3B) Where a committee alters the required frequency of meetings by its
              rules of procedure and the Chief Compliance Officer is not satisfied that the
              frequency of meetings is sufficient to enable the committee to effectively perform its
              functions, the frequency of meetings shall be as determined by the Chief Compliance
              Officer.

              (3)  Subsection 19(4) of Chapter 320 is repealed and the following subsection
substituted:

                   (4)  Where agreement is not reached on

                        (a)  the size of the committee;

                        (b)  the designation of employees to be members; or

                        (c)  rules of procedure,

              a determination shall be made by the Chief Compliance Officer.

              (4)  Subsection 19(5) of Chapter 320 is amended by

                   (a)  adding ", to take any training prescribed by the regulations"
              immediately after "committee" in the third line; and

                   (b)  striking out "his" in the third line and substituting "the employee's".

              (5)  Subsection 19(6) of Chapter 320 is repealed.

              (6)  Section 19 of Chapter 320 is further amended by adding immediately after
subsection (7) the following subsections:

                   (8)  Unless a committee determines another arrangement for chairing the
              committee in its rules of procedure, two of the members of the committee shall
              co-chair the committee, one of whom shall be selected by the members who
              represent employees and the other of whom shall be selected by the other members.

                   (9)  The rules of procedure established pursuant to subsection (7) shall
              include an annual determination of the method of selecting the person or persons
              who shall

                        (a)  chair the committee; and

                        (b)  hold the position for the coming year.


         20   (1)  Subsection 20(1) of Chapter 320 is amended by

                   (a)  re-lettering clause (a) as clause (aa); and

                   (b)  adding immediately before clause (aa) the following clause:

                        (a)  the co-operative

                             (i)  identification of hazards to health and safety and effective
                        systems to respond to the hazards, and

                             (ii) auditing of compliance with health and safety
                        requirements in the workplace;

                   (c)  repealing clause (d) and substituting the following clause:

                        (d)  advising the employer regarding a policy or program required
                   pursuant to this Act or the regulations and making recommendations to the
                   employer, the employees and any person for the improvement of the health
                   and safety of persons at the workplace;

                   (d)  striking out "Director" each time it occurs in the third line of clause (e)
              and substituting in each case "Chief Compliance Officer"; and

                   (e)  striking out "Director" in the second line of clause (f) and substituting
              "Chief Compliance Officer".

              (2)  Subsection 20(2) of Chapter 320 is repealed.


         21   Chapter 320 is further amended by adding immediately after Section 20 the
following Sections:

              20A  (1)  At a workplace where no committee is required pursuant to Section 18
         and where the number of persons employed is five or more, the employer shall cause the
         employees to select at least one health and safety representative from among the
         employees at the workplace who are not connected with the management of the workplace.

                   (2)  At a workplace where fewer than five persons are employed, the Chief
         Compliance Officer may 

                        (a)  consult with the employer and employees at the workplace
                   regarding whether a representative should be selected at the workplace; and

                        (b)  require that a representative be selected by the employees from
                   among the employees at the workplace who are not connected with the
                   management of the workplace, and such a representative shall be selected
                   where the Chief Compliance Officer so requires.

                   (3)  Where an order or notice respecting the selection of a representative
         is given pursuant to subsection (2), the employer shall ensure that the representative is
         selected and functioning in accordance with this Act within fifteen days of receipt of the
         order or notice.

                   (4)  An employee who is a representative is entitled to such reasonable time
         off from work as is necessary to carry out the employee's functions as a representative,
         and such time off is deemed to be work time for which the employee shall be paid by the
         employer at the applicable rate.

                   (5)  It is the function of the representative to be involved, on behalf of the
         employees together with the employer, in occupational health and safety in the workplace
         and, without restricting the generality of the foregoing, includes

                        (a)  the co-operative

                             (i)  identification of hazards to health and safety and effective
                        systems to respond to the hazards, and

                             (ii) auditing of compliance with health and safety
                        requirements in the workplace;

                        (b)  receipt of and co-operation with the employer in the investigation
                   and prompt disposition of matters and complaints with respect to workplace
                   health and safety;

                        (c)  participation in inspections, inquiries and investigations
                   concerning the occupational health and safety of the employees and,
                   including participation in an inspection referred to in Section 29;

                        (d)  advising on individual protective devices, equipment and clothing
                   which, complying with this Act and the regulations, are best adapted to the
                   needs of the employees;

                        (e)  advising the employer regarding a policy or program required
                   by this Act or the regulations and making recommendations to the employer,
                   the employees and any person for the improvement of the health and safety
                   of persons at the workplace; and

                        (f)  performing any other duties assigned to the representative by the
                   Chief Compliance Officer or by agreement between the employer and the
                   employees or the union, or as are established by the regulations. 

              20B  An employer who receives written recommendations from a committee or
         representative and a request in writing to respond to the request, shall respond in writing
         to the committee or representative within twenty-one days, and the response shall

                   (a)  indicate acceptance of the recommendations; or

                   (b)  give reasons for the disagreement with any recommendations that the
              employer does not accept,

         or, where it is not reasonably practicable to provide a response before the expiry of the
         twenty-one day period, provide a reasonable explanation for the delay and indicate to the
         committee or representative when the response will be forthcoming. 

              20C  The employer shall post

                   (a)  and maintain the current names of the committee members or the
              representative, as the case may be, and the means of contacting them; and

                   (b)  promptly, the minutes of the most recent committee meeting and ensure
              they remain posted until superseded by minutes of the next committee meeting.

              20D  A committee at a workplace, a representative or an employee or an employer
         at a workplace who so requests in writing, shall receive, if the Workers' Compensation Act
         applies to the workplace, an annual summary of data relating to the employer.

              20E  (1)  An employer shall notify the committee or representative, where there
         is one, of the existence of reports of inspections made and reports of workplace
         occupational health or safety monitoring or tests taken at the workplace, by an officer or
         the employer or at the request of an officer or the employer, and on request the employer
         shall make the reports available to the committee or the representative, as the case may
         be.

                   (2)  An employer shall make available to an employee at a workplace, on
         request, reports of inspections made and reports of workplace occupational health or
         safety monitoring or tests taken at the workplace by an officer or the employer or at the
         request of an officer or the employer. 

                   (3)  Within twenty-one days of receiving a request in writing from the
         committee, representative or, where there is no committee or representative, an employee
         at a workplace, for any information of a health or safety nature other than that specified
         in subsection (1), the employer shall respond in writing and the response shall

                        (a)  provide the requested information; or

                        (b)  give reasons for not providing the information, in whole or in
                   part,

         and where it is not reasonably practicable to provide a response before the expiry of the
         twenty-one day period, provide a reasonable explanation for the delay and indicate to the
         committee, representative or employee when the response will be forthcoming.

              20F  (1)  Every employer shall permit the employee selected pursuant to
         subsection (2) to observe workplace occupational health or safety monitoring and the
         taking of samples or measurements that relate to the health or safety of employees at the
         workplace, unless the monitoring or taking of samples or measurements takes place

                        (a)  on a continuous basis, except to observe the initial setup of the
                   workplace occupational health or safety monitoring process and to be
                   informed and observe the monitoring where there has been a malfunction of
                   the monitor or alteration in the process;

                        (b)  in a location that is remote from the workplace and is part of the
                   regular task of a person employed at the location; or

                        (c)  during an emergency situation,

         and time spent by the employee in such activities is deemed to be work time for which the
         employee shall be paid by the employer at the applicable rate.

                   (2)  Where there is

                        (a)  a committee or representative at a workplace, the employee who
                   observes workplace occupational health or safety monitoring and the taking
                   of samples or measurements shall be selected by the committee or
                   representative, as the case may be; or

                        (b)  no committee or representative at a workplace, the employee who
                   observes workplace occupational health or safety monitoring and the taking
                   of samples or measurements shall be selected by the employees. 

                   (3)  Every employer shall provide reasonable notice to an observer of the
         commencement of the occupational health or safety monitoring and of the taking of
         samples or measurements  and shall provide access to a workplace for the purpose of the
         observation. 

                   (4)  Where an observer requests, the procedure for occupational health or
         safety monitoring and the taking of samples or measurements shall be identified and
         explained to the observer. 

                   (5)  Where an owner, constructor or contractor performs occupational
         health or safety monitoring or takes samples or measurements that relate to the health or
         safety of employees at the workplace,

                        (a)  the owner, constructor or contractor shall provide reasonable
                   notice to all employers at the workplace of the commencement of the
                   occupational health or safety monitoring and of the taking of samples or
                   measurements; and

                        (b)  the requirements of subsections (1) to (4) apply.

              20G  Where

                   (a)  an officer makes an order pursuant to this Act or the regulations
              against an employer;

                   (b)  a compliance notice is required of an employer pursuant to subsection
              (1) of Section 32B; or

                   (c)  an appeal is initiated pursuant to Section 51B or 51C or decided
              pursuant to Section 51B or 51E,

         the employer shall

                   (d)  post the order, compliance notice, appeal notice or decision; and

                   (e)  deliver a copy of the order, compliance notice, appeal notice or
              decision to the committee or representative, if there is one.


         22   (1)  Subsection 22(1) of Chapter 320 is amended by

                   (a)  striking out "his" in the second line and substituting "the employee's";

                   (b)  striking out "he" in the second line and substituting "the employee";

                   (c)  striking out "his" in the third line and substituting "the employee's";

                   (d)  striking out "employees" in the fourth line and substituting "person";
              and

                   (e)  striking out "in consultation with the Director" in the first and second
              lines of clause (c).

              (2)  Section 22 of Chapter 320 is further amended by adding immediately after
subsection (1) the following subsections:

                   (1A) Where an employee exercises the employee's right to refuse to work
              pursuant to subsection (1), the employee shall,

                        (a)  immediately report it to a supervisor;

                        (b)  where the matter is not remedied to the employee's satisfaction,
                   report it to the committee or the representative, if there is one; and

                        (c)  where the matter is not remedied to the employee's satisfaction
                   after the employee has reported pursuant to clauses (a) and (b), report it to
                   the Division.

                   (1B)  At the option of the employee, the employee who refuses to do any act
              pursuant to subsection (1) may accompany an officer or the committee or
              representative, if any, on a physical inspection of the workplace or part thereof
              being carried out, for the purpose of ensuring others understand the reasons for the
              refusal.

                   (1C) Notwithstanding subsection (3) of Section 29, an employee who
              accompanies an officer, the committee or a representative, as provided in
              subsection (1B), shall be compensated in accordance with subsection (4) of Section
              22, but the compensation shall not exceed that which would otherwise have been
              payable for the employee's regular or scheduled working hours.

              (3)  Subsection 22(2) of Chapter 320 is amended by

                   (a)  adding ", and subsection (1B)" immediately after "any" in the second
              line;

                   (b)  striking out "his" in the third line and substituting "the";

                   (c)  striking out "him" in the third line and substituting "the employee"; and

                   (d)  striking out "he" in the fifth line and substituting "the employee".

              (4)  Subsection 22(3) of Chapter 320 is amended by

                   (a)  striking out "him" in the second and in the third lines and substituting
              in each case "the employee";

                   (b)  striking out "he would have" in the fourth line and substituting "would
              have been";

                   (c)  striking out "he" in the fourth line and substituting "the employee"; and

                   (d)  striking out "his" in the fourth line and substituting "the employee's".

              (5)  Subsection 22(4) of Chapter 320 is amended by

                   (a)  adding "reasonably" immediately after "has" in the first line;

                   (b)  striking out ", if the employee's refusal is upheld, pay him" in the third
              and fourth lines and substituting "pay the employee";

                   (c)  striking out "him" in the fifth line and substituting "the employee";

                   (d)  striking out "he would have received had he" in the fifth and sixth lines
              and substituting "would have been received had the employee"; and

                   (e)  striking out all the punctuation and words after "met" in the seventh
              line to the end of the subsection and substituting a period.


         23   Section 23 of Chapter 320 is amended by striking out "his" in the first line and in
the first line of clause (c) and substituting in each case "the employee's".


         24   Section 24 of Chapter 320 is repealed.


         25   (1)  Subsection 25(2) of Chapter 320 is amended by

                   (a)  striking out "he" in the third line and in the second line of clause (a)
              and substituting in each case "the employee";

                   (b)  striking out "his" in the fourth line of clause (a);

                   (c)  adding immediately after clause (a) the following clause:

                        (aa) of the association of the employee with a representative or
                   because the employee has sought the selection of a representative or
                   performed functions as a representative;

                   (d)  adding immediately after clause (b) the following clause:

                        (ba) the employee has sought access to information to which the
                   employee is entitled by this Act or the regulations, or has been assigned the
                   role of observer pursuant to Section 20F;

              and

                   (e)  adding ", a representative" immediately after "committee" in the second
              line of clause (d).

              (2)  Subsection 25(3) of Chapter 320 is repealed.

              (3)  Subsection 25(4) of Chapter 320 is amended by striking out "subsection (3)"
in the second line and substituting "Section 26".


         26   Section 26 of Chapter 320 is repealed and the following Sections substituted:

              26   (1)  An employee who alleges that

                        (a)  an employer has failed to pay wages, salary, pay or a benefit
                   entitlement under

                             (i)  subsection (5) of Section 19, subsection (4) of Section 20A,
                        subsection (1) of Section 20F, subsections (1C), (3) or (4) of Section
                        22 or subsection (3) of Section 29, or

                             (ii) the regulations; or

                        (b)  an employer or a union has taken or threatened to take
                   discriminatory action contrary to subsection (2) of Section 25,

              may, within thirty days, make a complaint in writing to an officer.

                   (2)  Where an officer receives a complaint pursuant to subsection (1), the
         officer shall investigate and advise the employer, the employee, the union, if any, and the
         Director of Labour Standards in writing whether,

                        (a)  in the opinion of the officer, there has been a contravention of a
                   provision referred to in subsection (1) and the measures which, in the
                   officer's opinion, are necessary to achieve compliance with the provision; and

                        (b)  the employee is subject to a collective agreement under which the
                   employee would be entitled to file a grievance.

                   (3)  Where

                        (a)  the employee is not subject to a collective agreement under which
                   the employee would be entitled to file a grievance; or

                        (b)  the complaint is against a union,

         at any time up to thirty days after the officer delivers the advice referred to in subsection
         (2) to the employer, or the union, against whom the complaint was made, the employee
         may,

                        (c)  where the officer has advised that there has been a contravention
                   of a provision referred to in subsection (1), and the employee agrees, in
                   whole or in part, with the advice of the officer but the employer or union has
                   not resolved the complaint to the satisfaction of the employee, refer an
                   unresolved complaint to the Director of Labour Standards; or

                    (d) where the employee disagrees with the advice of the officer or
                does not wait for the advice of the officer, refer the complaint to the Labour
                Standards Tribunal.

                (4) Upon receiving a written referral of a complaint from an employee
         pursuant to clause (c) of subsection (3), the Director of Labour Standards shall summarily
         review the matter and may, no less than fourteen days after an employer or a union has
         received the advice of the officer referred to in subsection (2),

                    (a) issue an order specifying the provision of this Act or the
                regulations that has been contravened and, where the Director of Labour
                Standards decides that discriminatory action has been taken against an
                employee contrary to subsection (2) of Section 25, requiring, by a specified
                date,

                        (i) the employer to reinstate the employee pursuant to the
                    same terms and conditions under which the employee was formerly
                    employed,

                        (ii)           the employer to pay to the Labour Standards Tribunal any
                    wages, salary, pay or other benefits that the employee would have
                    earned but for the discriminatory action,

                        (iii)          that any reprimand or other references to the matter in the
                    employer's records on the employee be removed,

                        (iv)           the reinstatement of the employee to the union and the
                    payment by the union to the employee of any wages, salary, pay or
                    other benefits that the employee would have earned but for the
                    discriminatory action,

                        (v) the employer or the union to do the things that, in the
                    opinion of the Director of Labour Standards, are necessary to secure
                    compliance with this Act and the regulations;

                    (b) notify the complainant that

                        (i) the Director of Labour Standards will not issue an order
                    with respect to all or part of the complaint, and

                        (ii)           the complainant may refer the complaint, or part of it,
                    directly to the Labour Standards Tribunal, and how and when the
                    complainant may do so; or

                    (c) where a complaint has already been referred to the Labour
                Standards Tribunal and where the Director of Labour Standards determines
                it is appropriate, notify the complainant that the Director of Labour
                Standards will make no finding.

                (5) An employee who has referred a complaint to the Director of Labour
         Standards and is unsatisfied with the result may, within ten days after receiving a
         notification from the Director of Labour Standards pursuant to subsection (4), make a
         complaint to the Labour Standards Tribunal.

                (6) An employer or a union against whom the Director of Labour
         Standards has made an order pursuant to subsection (4) may, within ten days after the
         service of the order, file an appeal with the Labour Standards Tribunal in accordance with
         regulations made pursuant to the Labour Standards Code.

                (7) Where an employee who makes a complaint pursuant to subsection (1)
         is subject to the terms of a collective agreement under which the employee would be
         entitled to file a grievance, and where the matter complained of pursuant to subsection (1)
         is not remedied to the satisfaction of the employee within fourteen days of the delivery to
         the employer of the officer's advice referred to in subsection (2), the employee shall have
         the complaint against the employer dealt with by final and binding settlement in the
         grievance arbitration process under the collective agreement.

                (8) Where a collective agreement referred to in subsection (7) establishes
         a limitation period for the filing of a grievance, the limitation period is deemed to begin
         to run the day after the employee receives the officer's advice referred to in subsection (2),
         but the employee may proceed directly to the grievance process without waiting for the
         advice of the officer.
                (9) The officer's advice referred to in subsection (2)  shall, where the
         officer has concluded that the employer is

                    (a) subject to the terms of a collective agreement under which the
                employee would be entitled to file a grievance, include

                        (i) the information contained in subsections (7) and (8), and

                        (ii)           advice to the employee to promptly consult the union; and

                    (b) not subject to the terms of a collective agreement under which the
                employee would be entitled to file a grievance, or that the complaint is
                against a union, include the information contained in subsections (3), (4), (5)
                and (6) and forms prescribed by the regulations for use in referring a
                complaint to the Director of Labour Standards or the Labour Standards
                Tribunal.

            26A Where an order or notice is issued by the Director of Labour Standards or
         the Labour Standards Tribunal in respect of a matter complained of pursuant to
         subsection (1) of Section 26, except as otherwise provided in this Act or the regulations,
         the provisions of the Labour Standards Code and regulations apply, with the necessary
         changes, to a determination of the complaint, the enforcement of any order, the nature and
         priority of any lien, charge, mortgage, trust or debt due as a result of an order of the
         Director of Labour Standards or the Labour Standards Tribunal and the recovery of any
         amount, and

                (a) in addition to the powers provided for in the Labour Standards Code,
            the Labour Standards Tribunal may issue an order in the terms set out in clause (a)
            of subsection (4) of Section 26; and

                (b) an order of the Director of Labour Standards or the Labour Standards
            Tribunal is final and conclusive and not open to review or appeal except as
            provided in the Labour Standards Code.

            26B (1) The officer and the Director of Labour Standards may assist one
         another, or be assisted by a Labour Standards officer, in the performance of a function
         or the making of a decision which the officer or the Director of Labour Standards is
         otherwise authorized to make pursuant to Section 26, and where any such assistance
         occurs, neither the officer nor the Director of Labour Standards is disqualified by reason
         of bias on the basis of these grounds from performing any function or making any decision
         which the officer or the Director of Labour Standards is otherwise authorized to make
         pursuant to Section 26.

            (2) In making an order under subsection (4) of Section 26, the Director of Labour
Standards may rely solely on the evidence obtained in the investigation conducted by the officer
pursuant to subsection (2), but the Director of Labour Standards is not required to do so.


         27 (1) Subsection 27(1) of Chapter 320 is amended by striking out "or order made
by the adjudication committee" in the first and second lines.

            (2) Subsection 27(2) of Chapter 320 is amended by striking out "or order" in the
first and in the third lines.

            (3) Subsection 27(3) of Chapter 320 is amended by striking out "or order" in the
first and fourth lines.


         28 Section 28 of Chapter 320 is amended by

            (a) striking out "he" in the third line of clause (a) and the fourth line of clause (d)
         and substituting in each case "the officer";

            (b) adding immediately after clause (b) the following clause:

                (ba)    require the production of any documents or records that may be
            relevant to the investigation of a complaint pursuant to subsection (1) of Section 26,
            and remove them temporarily for the purpose of making copies;

            (c) adding immediately after clause (d) the following clause:

                (da)    inspect, take samples and conduct tests of samples, including tests in
            which a sample is destroyed, of any material, product, tool, equipment, machine or
            device being produced, used or found at the place of employment for which the
            officer shall be responsible until the material, product, tool, equipment, machine or
            device is returned to the person being inspected unless a sample has been
            destroyed;

            (d) striking out "him" in the second line of clause (f) and substituting "the
         officer";

            (e) adding immediately after clause (f) the following clause:

                (fa)    in any inspection, examination, inquiry or test, be accompanied and
            assisted by or take with the officer a person having special, expert or professional
            knowledge of any matter;

         and

            (f) striking out "his" in the second line of clause (g) and substituting "the
         officer's".


         29 Chapter 320 is further amended by adding immediately after Section 28 the
following Sections:

            28A (1) While acting under the authority of this Act, an officer may, without a
         warrant or court order, seize anything that is produced to the officer or that is in plain
         view if the officer reasonably believes that this Act or the regulations have been
         contravened and that the thing will afford evidence of the contravention.

                (2) The officer may remove the thing seized or may detain it in the place
         in which it was seized.

                (3) The officer shall inform the person from whom the thing is seized as to
         the reason for the seizure and shall give the person a receipt for it.

                (4) The officer shall bring the thing seized under the authority of this
         Section before a justice or, if that is not reasonably possible, shall report the seizure to a
         justice.

                (5) An officer who seizes anything under this Section shall deal with it in
         the same way as if it were seized pursuant to the authority of a search warrant issued
         pursuant to the Summary Proceedings Act.

            28B An officer, in carrying out duties pursuant to this Act, has and may exercise
         in any part of the Province all the powers, authorities and immunities of a peace officer
         as defined in the Criminal Code (Canada).


         30 (1) Subsection 29(1) of Chapter 320 is repealed and the following subsection
substituted:

                (1) Subject to Section 29A, where an officer makes an inspection of a
            workplace pursuant to the powers conferred upon the officer pursuant to Section 28,

                    (a) the employer shall give the representative or an employee
                member of the committee, where there is one; or

                    (b) a representative of the employer shall have, 

         the opportunity to accompany the officer during the officer's physical inspection of the
         workplace, or any part or parts thereof, but where such person or persons are
         unavailable, the officer may carry out the inspection in the company of a person selected
         in accordance with subsection (2) or, where necessary, may do so without accompaniment.

            (2) Subsection 29(2) of Chapter 320 is amended by

                (a) striking out "Where" in the first line and substituting "Subject to Section
            29A, where";

                (b) adding "or representative available" immediately after "employees" in
            the second line;

                (c) striking out "him" in the third line and substituting "the officer"; and

                (d) striking out "his" in the third and in the fifth lines and substituting in
            each case "the officer's".

            (3) Subsection 29(3) of Chapter 320 is amended by

                (a) striking out "Time" in the first line and substituting "Subject to
            subsection (1C) of Section 22, time";

                (b) adding ", representative" immediately after "member" in the first line;

                (c) striking out "his" in the third line and substituting "the officer's";

                (d) adding ", representative" immediately after "member" in the fifth line;
            and

                (e) striking out "his" in the fifth line and substituting "the".

            (4) Section 29 of Chapter 320 is further amended by adding immediately after
subsection (3) the following subsection:

                (4) An officer shall provide to the employer at a workplace reports of
            inspections of the workplace made and reports of workplace occupational health or
            safety monitoring or tests taken at the workplace by an officer or at the request of
            an officer, and the employer shall comply with subsections (1) and (2) of Section
            20E.


         31 Chapter 320 is further amended by adding immediately after Section 29 the
following Section:

            29A Notwithstanding subsections (1) and (2) of Section 29, the officer may make
         an inquiry of any person who is or was in a workplace either separate and apart from
         another person or in the presence of any other person that is or may be relevant to the
         officer's inspection, examination, investigation, inquiry or test. 


         32 (1) Subsection 30(2) of Chapter 320 is amended by striking out "his" in the third
and in the fourth lines and substituting in each case "the officer's".

            (2) Subsection 30(3) of Chapter 320 is amended by

                (a) striking out "his" each time it occurs in the second line of clause (a)
            and substituting in each case "the officer's";

                (b) striking out "he" in the fourth line of clause (b) and substituting "the
            person"; and

                (c) striking out "his" in the tenth and eleventh lines and substituting in each
            case "the officer's".

            (3) Subsection 30(4) of Chapter 320 is amended by

                (a) striking out "his" in the second line and substituting "that person's";
            and

                (b) striking out "his" each time it occurs in the fourth line and substituting
            in each case "the officer's".


         33 (1) Subsection 31(1) of Chapter 320 is amended by

                (a) striking out "his" in the fourth line and substituting "the"; and

                (b) striking out "he" in the fifth line and substituting "the officer".

            (2) Section 31 of Chapter 320 is further amended by adding immediately after
subsection (1) the following subsection:

                (1A)    Where an officer makes an oral order pursuant to subsection (1), the
            officer shall confirm the oral order in writing.

            (3) Subsection 31(2) of Chapter 320 is repealed and the following subsection
substituted:

                (2) For greater certainty, an oral order is effective pursuant to this Act
            before it is confirmed in writing.

            (4) Subsection 31(3) of Chapter 320 is amended by striking out "he" in the fourth
line and substituting "the officer".

            (5) Subsection 31(4) of Chapter 320 is amended by striking out "he" in the second
line and substituting "the officer".


         34 Section 32 of Chapter 320 is amended by striking out "in consultation with the
Director" in the first and second lines.


         35 Chapter 320 is further amended by adding immediately after Section 32 the
following Sections:

            32A Where an officer determines that there may be a risk to health or safety and
         where an employer, owner, contractor or constructor fails to establish that it would not
         be reasonably practicable to carry out an order, the officer may order, at the expense of
         the employer, owner, contractor or constructor, as the case may be, that the employer,
         owner, contractor or constructor

                (a) obtain a report or assessment from a person who possesses such
            special expert or professional knowledge or qualifications as are specified by the
            officer, for the purpose of determining whether any biological, chemical or physical
            agent, material, equipment, machine, device, article, thing or procedure, in or about
            a workplace, conforms with this Act or the regulations or good professional
            practice; and

                (b) cause any tests necessary to the production of the report or assessment
            to be conducted or taken.

            32B (1) Where an officer makes an order pursuant to this Act or the
         regulations, unless the officer records in the order that compliance with the order was
         achieved before the officer left the workplace, the person against whom an order is made
         shall submit to the officer a compliance notice within the time specified in the order.

                (2) Where a compliance notice is required pursuant to subsection (1), the
         officer shall specify in the order the time within which the person against whom the order
         is made shall submit the compliance notice to the officer.

                (3) Notwithstanding the submission of a compliance notice, a person
         against whom an order is made achieves compliance with an order made pursuant to this
         Act or the regulations when an officer determines that compliance is achieved.

            32C (1) Where

                    (a) a complaint of an alleged contravention is investigated by an
                officer and the officer does not issue an order which, in the opinion of the
                complainant, is necessary for the health or safety of persons at the
                workplace; and

                    (b) the complainant so requests in writing,

         the officer shall serve the complainant with notice of the officer's decision and, where the
         complainant is an aggrieved person, the complainant may appeal the decision pursuant
         to Section 51B or 51C.

                (2) The decision of an officer referred to in subsection (1) is not final, and
         may be reconsidered, confirmed or varied

                    (a) at any time, whether on account of the availability of new
                information or not; and

                    (b) whether or not an appeal has been initiated pursuant to Section
                51B or 51C.


         36 Section 33 of Chapter 320 is amended by striking out "Director" each time it occurs
and substituting in each case "Chief Compliance Officer".


         37 (1) Subsection 34(1) of Chapter 320 is amended by striking out "Director" in the
second and in the fourth lines and substituting in each case "Chief Compliance Officer".

            (2) Subsection 34(3) of Chapter 320 is amended by

                (a) adding ", or the representative, if any" immediately after "established"
            in the second line; and

                (b) adding "or representative," immediately after "committee" in the fourth
            line.

         38 Section 35 of Chapter 320 is amended by striking out "Director" each time it occurs
and substituting in each case "Chief Compliance Officer".


         39 Subsection 36(3) of Chapter 320 is amended by striking out "subsection (2) of
Section 20" in the first and second lines and substituting "Section 20E".


         40 Subsection 37(1) of Chapter 320 is amended by striking out "subsection (2) of
Section 20" in the first and second lines and substituting "Section 20E".


         41 Chapter 320 is further amended by adding immediately after Section 37 the
following Section:

            37A Except in accordance with this Act and the regulations, a person having
         special, expert or professional knowledge or any other person who, at the request of an
         officer, makes an examination, inquiry or a test shall not publish, disclose or communicate
         to any person any information, material, statement, report or result of any examination,
         test or inquiry acquired, furnished, obtained, made or received under the powers
         conferred pursuant to this Act or the regulations, and for greater certainty, subsection (3)
         of Section 36 applies.


         42 Subsection 38(2) of Chapter 320 is amended by adding "or representative"
immediately after "committee" in the third line.


         43 (1) Section 41 of Chapter 320 is amended by striking out "Director" each time
it occurs and substituting in each case "Chief Compliance Officer".

            (2) Subsection 41(3) of Chapter 320 is repealed.


         44 Section 42 of Chapter 320 is repealed and the following Section substituted:

            42  (1) Every employer shall

                    (a) make available for examination at the workplace

                        (i) a copy of the regulations that relate to the workplace, and

                        (ii)           information and reports that an officer considers advisable
                    to enable employees to become acquainted with their rights and duties
                    pursuant to this Act and the regulations;

                and

                    (b) post in a prominent place or places in the workplace

                        (i) a current copy of this Act,

                        (ii)           a code of practice required pursuant to this Act or the
                    regulations,

                        (iii)          a current telephone number for reporting occupational
                    health or safety concerns to the Division, and

                        (iv)           where the employer is required pursuant to this Act or the
                    regulations to have an occupational health and safety policy, the
                    policy,

         and ensure they remain posted.

                (2) Where anything other than the information listed in subsection (1) is
         required to be posted pursuant to this Act or the regulations, the person who has the duty
         to post shall

                    (a) post a legible copy of it in a prominent place or places in the
                workplace; and

                    (b) ensure that it remains posted for sufficient time to enable
                employees at the workplace to inform themselves of the content, unless this
                Act or the regulations otherwise specify.


         45 Clauses 43(d) and (e) of Chapter 320 are repealed.


         46 Subsection 44(3) of Chapter 320 is repealed and the following subsection
substituted:

            (3) In any proceeding or prosecution pursuant to this Act,

                (a) a copy of an order, decision or certificate purporting to have been
            made or issued pursuant to this Act or the regulations and purporting to have been
            signed by a person authorized to make or issue the order, decision or certificate;

                (b) a document purporting to be a copy of a notice, drawing, record or
            other document, or any extract therefrom given or made pursuant to this Act or the
            regulations and purporting to be certified by an officer or an analyst;

                (c) a document purporting to certify the result of a test or an analysis of
            a sample of air and setting forth the concentration or amount of a biological,
            chemical or physical agent in a workplace, or part thereof, and purporting to be
            certified by an officer or an analyst;

                (d) a document purporting to certify the result of a test or an analysis of
            any equipment, machine, device, article, thing or substance and purporting to be
            certified by an officer or an analyst;
                (e) a document purporting to be signed by the Director or by an official
            authorized by the Director stating that a report, request, notice or order was or was
            not given or received;

                (f) a document purporting to be signed by a person authorized pursuant
            to this Act or the regulations to issue a certificate of examination or authorize a
            deviation, stating that on a specified day or during a specified period a person
            named in the document was or was not the holder of a certificate of examination or
            authorized for a deviation of regulations at a workplace or workplaces; or

                (g) a document setting out with reasonable particularity the conviction and
            sentence of a person for an offence pursuant to this Act or the regulations
            purporting to be signed by

                    (i) the person who made the conviction, or

                    (ii)    the prothonotary or clerk of the court in which the conviction
                was made,

         shall be admitted in evidence as prima facie proof of the order, decision, certificate or
         document and the contents of the order, decision, certificate or document, without proof
         of the signature or official character of the person appearing to have signed the order,
         decision, certificate or document.


         47 Section 45 of Chapter 320 is amended by striking out "he" in the third line and
substituting "the Minister".


         48 Chapter 320 is further amended by adding immediately after Section 48 the
following Sections:

            48A (1) A police officer who has reasonable and probable grounds to believe
         that a person is failing to comply with an order issued pursuant to subsection (3) of
         Section 31 may arrest the person without warrant and may take the person before a judge
         as soon as practicable.

                (2) A person taken before a judge, as provided in subsection (1), is entitled
         to an immediate hearing but, if a hearing cannot then be had, the person shall be released
         from custody on giving a personal undertaking to appear to answer to the charge at such
         time and place as shall then be fixed by the judge.

                (3) A police officer who arrests a person pursuant to subsection (1) shall
         promptly inform the person of the reason for the arrest and of the right to retain and
         instruct counsel without delay.

            48B In any proceedings for an offence pursuant to this Act or the regulations
         consisting of a failure to comply with a duty or requirement to take every precaution that
         is reasonable in the circumstances, or to do something so far as is practicable or so far
         as is reasonably practicable, it shall be for the accused to prove, as the case may be, that
         the accused took every precaution that was reasonable in the circumstances, or that it was
         not practicable or not reasonably practicable to do more than was actually done to satisfy
         the duty or requirement.

            48C A prosecution for an offence pursuant to this Act shall not be commenced
         more than two years after the later of

                (a) the date on which the offence was committed; or

                (b) the date on which evidence of the offence first came to the attention of
            an officer. 


         49 (1) Subsection 49(1) of Chapter 320 is amended by

                (a) adding ", including that of an officer, the Director of Labour
            Standards, the Labour Standards Tribunal, the Chief Compliance Officer or an
            Appeal Panel" immediately after "regulations" in the third line of clause (b);

                (b) striking out "ten" in the third last line and substituting "two hundred
            and fifty"; and

                (c) striking out "twelve months" in the second last line and substituting
            "two years".

            (2) Subsection 49(2) of Chapter 320 is amended by

                (a) adding "or (3)" immediately after "(1)" in the second line; and

                (c) striking out "one" in the second line and substituting "twenty-five".

            (3) Section 49 of Chapter 320 is further amended by adding immediately after
subsection (2) the following subsection:

                (3) Where a person is convicted of an offence pursuant to this Act and the
            court is satisfied that, as a result of the commission of the offence, monetary benefits
            accrued to the offender, the court may order the offender to pay, in addition to a
            fine imposed pursuant to subsection (1) or (2), a fine in an amount equal to the
            estimation by the court of the amount of the monetary benefits.


         50 Chapter 320 is further amended by adding immediately after Section 49 the
following Section:

            49A (1) Where an offender is convicted of an offence pursuant to this Act, in
         addition to any other punishment that may be imposed pursuant to this Act, the court may,
         having regard to the nature of the offence and the circumstances surrounding its
         commission, make an order

                    (a) directing the offender to publish, in the manner prescribed, the
                facts relating to the offence;

                    (b) directing the offender to pay to the Minister in the manner
                prescribed by the regulations, an amount for the purposes of public education
                in the safe conduct of the activity in relation to which the offence was
                committed and the principles of internal responsibility provided for in this
                Act;

                    (c) directing the offender to submit to the Director, on application
                by the Director made within three years after the date of conviction, such
                information with respect to the activities of the offender as the court considers
                appropriate and just in the circumstances; 

                    (d) directing the offender to perform community service, subject to
                such reasonable conditions as may be imposed in the order;  

                    (e) directing the offender to provide such bond or pay such amount
                of money into court as will ensure compliance with any order made pursuant
                to this Section; or

                    (f) requiring the offender to comply with such other reasonable
                conditions as the court considers appropriate and just in the circumstances
                for securing the offender's good conduct and for preventing the offender from
                repeating the same offence or committing other offences. 

                (2) Where an offender fails to comply with an order made pursuant to
         clause (a) of subsection (1) directing the publication of the facts relating to the offence, the
         Director may publish the facts in compliance with the order and recover the costs of
         publication from the offender. 

                (3) Where the court makes an order pursuant to clause (b) of subsection
         (1) directing the offender to pay an amount for the purpose of education or the Director
         incurs publication costs pursuant to subsection (2), the amount or costs constitute a debt
         due to Her Majesty in right of the Province and may be recovered as such in any court of
         competent jurisdiction. 

                (4) An order made pursuant to subsection (1) comes into force on the day
         on which it is made or on such other day as the court may order and shall not continue
         in force for more than three years after that day.


         51 Section 50 of Chapter 320 is amended by

            (a) adding "(1)" immediately after the Section number;

            (b) striking out all the punctuation and words after "employer" in the fifth line to
         the end of the subsection and substituting a period; and

            (c) adding the following subsection:

                (2) Notwithstanding subsection (1), the act or omission of any manager,
            superintendent or other person who exercises management functions for the
            employer is not the act or omission of the employer where it is proven that the
            employer took every precaution reasonable in the circumstances to ensure that the
            act or omission would not occur and the employer

                    (a) did not have actual knowledge of, or could not reasonably have
                known of, the act or omission; and

                    (b) did not expressly or impliedly consent to the act or omission.


         52 Chapter 320 is further amended by adding immediately after Section 51 the
following Sections:

            51A (1) Where an application is made in writing for authorization to deviate at
         a workplace or workplaces from any provision of the regulations, the Chief Compliance
         Officer may authorize the deviation in writing at the workplace or workplaces under such
         terms and conditions as the Chief Compliance Officer shall consider advisable.

                (2) Unless regulations

                    (a) alter the standard for authorizing a deviation (1), pursuant to
                subsection (1), the Chief Compliance Officer shall be satisfied that the
                deviation affords protection for the health and safety of employees equal to
                or greater than the protection prescribed by the regulation from which the
                deviation is requested; and

                    (b) alter the processes required pursuant to subsections (3) to (13),
                those subsections apply to an application for a deviation pursuant to
                subsection (1).

                (3) Where the workplace location or locations for which a deviation is
         requested exist, unless the committee or representative at a workplace, if any, agrees
         otherwise, at least thirty days before applying for a deviation, the applicant for the
         deviation shall post a copy of the application and furnish a copy to the committee or
         representative, if any, at the workplace.

                (4) Where the workplace location or locations for which a deviation is
         requested do not yet exist, at least thirty days before applying for the deviation, the
         applicant shall, at the applicant's cost, publish notice of the application, containing
         information regarding the deviation being requested, in a place where it would reasonably
         be expected to come to the attention of persons interested in health and safety who might
         be affected by the decision regarding the deviation.

                (5) After receiving an application for a deviation pursuant to subsection
         (1), the Chief Compliance Officer may conduct such consultation or give such notice of
         the application as the Chief Compliance Officer considers advisable.

                (6) The applicant for a deviation shall submit, with the application, at the
         applicant's cost,

                    (a) the technical information required to enable the Chief
                Compliance Officer to determine the application;

                    (b) information with respect to the benefits and drawbacks to health
                and safety that might reasonably be anticipated if the deviation is authorized;
                and

                    (c) any fee prescribed by the regulations.

                (7) The applicant for a deviation for an existing workplace location or
         locations shall ensure that the information required pursuant to clauses (a) and (b) of
         subsection (6) is made available for examination at the applicant's workplace by the
         committee or representative, if any, and by the employees.

                (8) The Chief Compliance Officer may make available the information
         required pursuant to clauses (a) and (b) of subsection (6) to any person for examination
         on request.

                (9) A decision by the Chief Compliance Officer pursuant to subsection (1)
         shall be accompanied by written reasons for the decision that shall include

                    (a) the information considered in arriving at the decision and the
                rationale for the decision;

                    (b) the specifics of a deviation that is authorized, including the
                location of the workplace or workplaces where the deviation applies; and

                    (c) the details of any terms or conditions attached to a deviation.

                (10)    The applicant for a deviation shall ensure that

                    (a) a copy of the Chief Compliance Officer's decision is posted and
                a copy is furnished to the committee or representative at the workplace, if
                any; and

                    (b) where a deviation is authorized, a copy of the decision is
                maintained in a prominent place at the workplace or workplaces to which it
                applies throughout the time the deviation is in effect.

                (11)    The Chief Compliance Officer shall provide a copy of the decision to
         anyone from whom the Chief Compliance Officer has received a written response to the
         application for a deviation pursuant to subsection (1).

                (12)    In applying a regulation for which a deviation is authorized, a deviation
         authorized pursuant to subsection (1) and any conditions that are attached pursuant to
         clause (c) of subsection (9) shall, while the deviation is in effect, be substituted for the
         prescription or requirement in the regulations.

                (13)    A Chief Compliance Officer may, at the initiative of the Chief
         Compliance Officer or upon application, reconsider, confirm, vary, revoke or suspend the
         Chief Compliance Officer's decision regarding a deviation at any time when information
         is produced which, had it been known when the request for the deviation was determined
         previously, would reasonably be expected to have resulted in a decision different from the
         one made at that time, and

                    (a) subsections (1) to (12) apply to such a reconsideration,
                confirmation, variation, revocation or suspension, with the necessary
                modifications; and

                    (b) notwithstanding the periods of notice required pursuant to this
                Section, where new information indicates that imminent danger might result
                as a result of the deviation, the Chief Compliance Officer may reduce the
                period of notice.

            51B (1) An aggrieved person may appeal

                    (a) an order made by an officer pursuant to this Act or the
                regulations;

                    (b) the decision of an officer not to issue an order; or

                    (c) any decision for which a right of appeal to the Chief Compliance
                Officer is provided in the regulations,

         within thirty days after the order or decision is served on the recipient, by making written
         application to the Chief Compliance Officer.

                (2) Where the appellant pursuant to subsection (1) has sufficient authority
         in the workplace to ensure that the application for appeal is posted, post a copy of the
         application, and where the appellant does not have such authority, the appellant shall
         serve a copy of the application on the employer and the employer shall communicate it in
         accordance with Section 20G.

                (3) The Chief Compliance Officer may consider new information,
         including, but not limited to, information provided by an aggrieved person, and shall
         summarily review  the matter appealed pursuant to subsection (1).

                (4)  In a review pursuant to subsection (3), the Chief Compliance Officer
         may confirm, vary, revoke or suspend the order or decision and shall

                    (a) do so as promptly as possible; and

                    (b) provide written reasons for the Chief Compliance Officer's
                decision.

                (5) An appeal against an order in accordance with subsection (1) does not
         suspend the operation of the order, but the Chief Compliance Officer may order the
         suspension of the operation of the order until the appeal is disposed of.

            51C (1) An aggrieved person may appeal an order or decision of the Chief
         Compliance Officer made pursuant to this Act or the regulations to an Appeal Panel.

                (2) An appeal pursuant to subsection (1) is initiated by making written
         application to the Director 
                    (a) identifying and stating the decision appealed against;

                    (b) setting out the grounds of the appeal; and

                    (c) setting out the relief requested, including any request for the
                suspension of all or a portion of the order, decision or determination
                appealed against,

         and paying any fee prescribed by the regulations, within thirty days after the order or
         decision by the Chief Compliance Officer.

                (3) Where the appellant pursuant to subsection (1) has sufficient authority
         in the workplace to ensure that the application for appeal is posted, post a copy of the
         application and, where the appellant does not have such authority, the appellant shall
         serve a copy of the application on the employer and the employer shall communicate it in
         accordance with Section 20G.

                (4) An appeal pursuant to subsection (1) against an order, decision or
         determination does not suspend the operation of the order, decision or determination, but
         the Appeal Panel may order the suspension of the operation thereof until the appeal is
         disposed of.

            51D (1) The Minister shall seek advice from labour organizations and employer
         associations on the identification of panel members to hear appeals pursuant to Section
         51C. 

                (2) The Governor in Council, on the recommendation of the Minister, shall
         establish a list of persons from which

                    (a) a person representing employees and a person representing
                employers shall be designated by the Minister to serve as panel members to
                hear an appeal pursuant to Section 51C; and

                    (b) a chair shall be designated by the Minister in the case where the
                Director does not serve as chair.

                (3) An Appeal Panel shall consist of the chair, who shall be the Director,
         except where another person is designated pursuant to clause (b) of subsection (2), and
         two panel members from the list of panel members designated pursuant to clause (a) of
         subsection (2).

                (4) Panel members and the chair of an Appeal Panel shall be paid such
         remuneration as may be fixed by the Governor in Council and actual and reasonable
         expenses incurred by the member or chair in the discharge of the person's duties and, for
         greater certainty, remuneration may be in a nominal amount and may be set to a
         maximum rate per appeal.

            51E (1) On receipt of a notice of appeal, the Director shall transmit the notice
         of appeal to the two panel members selected from the list mentioned in subsection (2) of
         Section 51D to hear the appeal.

                (2) Upon receipt of an application pursuant to subsection (1) of Section
         51C, an Appeal Panel shall hold a hearing that provides any aggrieved persons who have
         so requested the opportunity to present evidence and make representations, in accordance
         with the regulations.

                (3) The amount of time to be available at a hearing for the presentation of
         the case of each party to the appeal may be limited by regulations.

                (4) Two members of an Appeal Panel constitute a quorum and a decision
         of two members of an Appeal Panel is the decision of the Appeal Panel.

                (5) An Appeal Panel may receive any evidence and information on oath,
         affidavit or otherwise as, in its discretion, it deems fit and proper, whether admissible as
         evidence in a court of law or not.

                (6) The Appeal Panel may,

                    (a) except as otherwise provided in this Section or the regulations,
                determine its own rules of procedure; and

                    (b) by order, confirm, vary, revoke or suspend the order appealed.

                (7) An Appeal Panel, and each member of it including the chair, has the
         powers, privileges and immunities of a commissioner appointed pursuant to the Public
         Inquiries Act.

            51F An officer shall immediately provide a copy of the decision of the Chief
         Compliance Officer or the Appeal Panel to the employer, the committee or representative,
         if any, the appellant and any other aggrieved person who has made a submission in
         relation to the matter appealed.

            51G The Chief Compliance Officer or the Director is not disqualified from hearing
         an appeal by reason that the Chief Compliance Officer or Director, in the course of the
         performance of a function as a member of the Division, receives information on the subject
         -atter of the appeal, or participates in any communication with any person concerning the
         subject-matter of the appeal.

            51H No action lies or shall be instituted against an Appeal Panel or a member or
         the chair of an Appeal Panel, the Chief Compliance Officer, the Labour Standards
         Tribunal or a member of the Labour Standards Tribunal, a Labour Standards officer or
         the Director of Labour Standards or an officer  where that person or body is acting
         pursuant to the authority of this Act or the regulations, for any loss or damage suffered
         by a person by reason of any act or omission done in good faith by the person or body
         pursuant to, or in the exercise or supposed exercise of, any power conferred by this Act
         or the regulations, or in the carrying out or supposed carrying out of any function or duty
         imposed by this Act or the regulations.

            51I The curriculums of

                (a) a trade school or home study course within the meaning of the Trade
            Schools Regulation Act;

                (b) a program of instruction within the meaning of the Community Colleges
            Act; and
                (c) any other institution that the Minister may designate,

         shall include instruction in the principles of occupational health and safety contained in
         this Act.


         53 (1) Subsection 52(1) of Chapter 320 is amended by striking out "he" in the second
line and substituting "the Governor in Council".

            (2) Subsection 52(2) of Chapter 320 is amended by

                (a) adding immediately after clause (a) the following clause:

                    (aa)    requiring an employer or class of employers to prepare a written
                policy or a written program;

                (b) adding immediately after clause (h) the following clauses:

                    (ha)    enabling the adoption of a code of practice at a workplace,
                containing one or more provisions from a regulation that would not
                otherwise apply to the workplace;

                    (hb)    defining words or expressions used but not defined in this Act;

                (c) adding immediately after clause (m) the following clauses:

                    (ma)    prescribing the roles and responsibilities of analysts and the
                criteria to be used in choosing analysts;

                    (mb)    imposing requirements on health insurers and health-care
                agencies to provide to the Division statistical reports regarding occurrences
                of injury and disease arising from employment;

                (d) repealing clause (o) and substituting the following clauses:

                    (o) prescribing

                        (i) the making of reports by committees,

                        (ii)           procedures for the operation of committees, including, but
                    not limited to, minimum requirements for the contents of, and a
                    retention period for, minutes and records of committees, and

                        (iii)          the activities that may be carried on by committees or
                    representatives within the functions described in subsection (1) of
                    Section 20 or subsection (5) of Section 20A, respectively;

                    (oa)    altering the frequency of committee meetings required pursuant
                to this Act;

                    (ob)    prescribing additional requirements for the training of committee
                members including, but not limited to, requiring employers or classes of
                employers to provide for and pay for the training;

                    (oc)    increasing or decreasing the period of employment to be
                considered in a determination of the number of persons regularly employed
                at a workplace;

                (e) adding immediately after clause (p) the following clause:

                    (pa)    prescribing the type of information to be transferred, the form in
                which information will be transferred and the frequency of transfer of the
                information to be exchanged between the Division and the Workers'
                Compensation Board;

                (f) adding immediately after clause (s) the following clauses:

                    (sa)    altering the standard or processes according to which an
                application for a deviation shall be considered pursuant to Section 51A;

                    (sb)    prescribing regulations for which a deviation shall not be
                permitted pursuant to Section 51A;

                (g) adding immediately after clause (v) the following clauses:

                    (va)    prescribing charges to recover the cost of services pursuant to
                this Act and fees in relation to appeals and deviations, certificates, licences,
                permits, reviews of documents and filing of documents;

                    (vb)    respecting any matter necessary or advisable for the
                administration of a system of administrative penalties;

                (h) adding immediately after clause (w) the following clause:

                    (wa)    establishing boards of examiners for the certification of
                occupational qualifications and providing processes for the issuance and
                revocation of certificates of examination;

            and

                (i) repealing clause (x) and substituting the following clauses:

                    (x) establishing procedures for the determination of matters arising
                from Sections 26, 26A and 26B and clarifying or altering the application of
                any Section of the Labour Standards Code, or regulations made thereunder;

                    (xa)    respecting an appeal to the Chief Compliance Officer or an
                Appeal Panel, including, but not limited to

                        (i) the conduct of appeals, including, but not limited to,
                    limiting the amount of time given to each party to an appeal to present
                    the party's case at the hearing of the appeal, and

                        (ii)           providing for the appeal of matters other than those
                    permitted pursuant to this Act;


         54 Chapter 73 of the Revised Statutes, 1989, the Coal Mines Regulation Act, is
repealed.

         55 Chapter 284 of the Revised Statutes, 1989, the Metalliferous Mines and Quarries
Act, is repealed.


         56 Sections 45, 54 and 55 come into force on such day as the Governor in Council
orders and declares by proclamation.


         57 Section 51I, as enacted by Section 52, has effect on and after July 1, 1999, or such
earlier day as the Governor in Council orders and declares by proclamation.


         58 This Act has effect on and after January 1, 1997, or such earlier day as the
Governor in Council orders and declares by proclamation.