Assemblée Législative de la Nouvelle-Écosse

Les travaux de la Chambre ont repris le
21 septembre 2017

Projet de loi no 12

Occupational Health and Safety Act (amended) *

An Act to Amend Chapter 7 of the Acts of 1996, the Occupational Health and Safety Act

Déposé par :
L'honorable Kelly Regan
Minister of Labour and Advanced Education

Première lecture
Débats en deuxième lecture
Adoption en deuxième lecture
Comité des modifications des lois
    Date(s) de réunion 9 décembre 2013; 10 décembre 2013
    Rapport à la Chambre
Comité plénier
Débats de la troisième lecture
Débats de la troisième lecture
Sanction royale
Prise d'effet 1 octobre 2014
2013 Statutes, Chapter 41

Note explicative (en anglais seulement)

Clause 1 clarifies that the ability of the Executive Director of Occupational Health and Safety to delegate the Executive Director’s powers, duties or functions extends to the Executive Director’s powers, duties or functions under the regulations.

Clause 2 removes a cross-reference to a Section that is repealed and replaced by Clause 5.

Clause 3

(a) deems mailed documents to be received 10 days after the day on which they are sent, with certain exceptions; and

(b) governs the service of documents for the purpose of the Act.

Clause 4 changes a cross-reference to reflect a new route of appeal.

Clause 5 removes an intermediate stage of appeals to the Executive Director and replaces it with authority for the Executive Director to, subject to the regulations, on the Executive Director’s own motion, review an order or decision of an occupational health and safety officer, vary, revoke or suspend the order or decision or make any order or decision that the officer could have made.

Clause 6

(a) permits the Chair of the Labour Board to determine whether the Board hears an appeals pursuant to the Act as a one- or three-person panel; and

(b) clarifies that the Executive Director’s standing as a party is limited to cases appealed to the Board pursuant to the Act.

Clause 7

(a) updates the provision of the Act governing appeal to the Board in light of the amendments contained in the other Clauses;

(b) makes the appeal process set out in that provision subject to different processes prescribed by the regulations for certain kinds of appeals; and

(c) requires the Board to provide the Executive Director with a copy of the notice of appeal and the decision of the Board.

Clause 8 provides that, where a person has more than one appeal pursuant to the Act pending before the Board, the appeals may be heard together, but a separate decision must be rendered for each appeal.

Clause 9

(a) clarifies that the provision of the Act concerning proof of orders and other documents applies in proceedings or prosecutions under the regulations as well as under the Act; and

(b) provides for proof of notices and reports in proceedings and prosecutions under the Act and regulations.

Clause 10 adds regulation-making powers respecting the Executive Director’s ability to review and alter orders and decisions of officers and clarifies the regulation-making powers respecting administrative penalties and appeals pursuant to the Act.

Clause 11 governs appeals that have been initiated before Clause 11 comes into force, as well as appeals initiated after Clause 11 comes into force if the right of appeal existed at the time of the Clause’s coming into force.
Clause 12 provides that this Act comes into force on proclamation.