The Nova Scotia Legislature

The House adjourned:
October 26, 2017.

Bill No. 165

Occupational Health and Safety Act (amended) *

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

Introduced by:
Honourable Kelly Regan
Minister of Labour and Advanced Education

First Reading
Second Reading Debates
Second Reading Passed
Law Amendments Committee
    Meeting Date(s) May 2, 2016
    Reported to the House
Committee of the Whole House
Third Reading Debates
Third Reading
Royal Assent
Commencement June 12, 2017
2016 Statutes, Chapter 14

Explanatory Note

Clause 1 adds definitions of “repeatedly” and “serious injury”.

Clause 2 expands the Director’s authority to include the power to request information when

(a) a person has repeatedly contravened the Occupational Health and Safety Act or the regulations or failed to comply with an order made pursuant to the Act or the regulations;

(b) the contravention or failure posed a risk of serious injury or death; and

(c) the Director has reasonable grounds for believing the person may further contravene the Act, the regulations or an order made pursuant to the Act or regulations.

Clause 3

(a) clarifies that oral stop work orders made by an officer are to be confirmed in writing;

(b) expands the authority of an officer to make an additional stop work order regarding another of an employer’s workplaces, subject to the approval of the Director and where

  (i) a person has repeatedly contravened the Act or the regulations or failed to comply with an order made pursuant to the Act or the regulations, and

  (ii) the contravention or failure posed a risk of serious injury or death,

if the officer has made a stop work order at the first workplace and believes the same or similar conditions exist at another workplace; and

(c) imposes the same conditions for entry into a workplace subject to an additional stop work order as are imposed for a stop work order at the first workplace.

Clause 4

(a) clarifies the period for reporting incidents at the workplace to the Director by the employer;

(b) identifies the type of injuries that must be reported; and

(c) expands the notification methods rather than limiting them to delivery and mailing of paper copies.
Clause 5 clarifies that when an accident to which clause 63(1)(c) applies, the accident scene must not be disturbed.

Clause 6 allows the Director to file an application with the Supreme Court of Nova Scotia seeking an injunction when the Director believes that

(a) a person has repeatedly contravened the Act or the regulations or failed to comply with an order made pursuant to the Act or the regulations;

(b) the contravention or failure posed a risk of serious injury or death; and

(c) the person is or is likely to contravene the Act or the regulations or fail to comply with an order made pursuant to the Act or the regulations.
Clause 7 provides for the Act to come into force on proclamation.