BILL NO. 25
(as introduced)
3rd Session, 61st General Assembly
Nova Scotia
60 Elizabeth II, 2011
Occupational Health and Safety Act
(amended)
The Honourable Marilyn More
Minister of Labour and Advanced Education
First Reading: April 14, 2011
Second Reading: May 3, 2011
Third Reading: May 10, 2011 (LINK TO BILL AS PASSED)
Explanatory Note
This Bill amends the Occupational Health and Safety Act to
(a) impose a progressive fine structure that has a maximum fine of $250,000 for a first offence and $500,000 for each subsequent offence that occurs within five years of a previous conviction;
(b) impose a maximum fine of $500,000 in all fatality cases;
(c) provide, where the court orders the repayment of benefits accrued to the offender during the commission of an offence, that these amounts be in addition to the maximum fine levels rather than be included within the maximum fine levels; and
(d) change the title of the Minister and the department to Labour and Advanced Education.
An Act to Amend Chapter 7
of the Acts of 1996,
the Occupational Health and Safety Act
1 Clause 2(d) of Chapter 7 of the Acts of 1996, the Occupational Health and Safety Act, as amended by Chapter 66 of the Acts of 2010, is further amended by striking out "Workforce Development" in the third line and substituting "Advanced Education".
2 Section 3 of Chapter 7, as amended by Chapter 28 of the Acts of 2000 and Chapter 66 of the Acts of 2010, is further amended by
(a) striking out "Workforce Development" in the first and in the second lines of clause (k) and substituting "Advanced Education" in both cases;
(b) striking out "Workforce Development" in the last line of clause (n) and substituting "Advanced Education"; and
(c) striking out "Workforce Development" in the first line of clause (s) and substituting "Advanced Education".
3 Section 8 of Chapter 7, as amended by Chapter 66 of the Acts of 2010, is further amended by striking out "Workforce Development" in the second line and substituting "Advanced Education".
4 Subsection 67A(2) of Chapter 7, as enacted by Chapter 24 of the Acts of 2009, as amended by Chapter 66 of the Acts of 2010, is further amended by striking out "Workforce Development" in the third line and substituting "Advanced Education".
5 (1) Subsection 69(2) of Chapter 7, as amended by Chapter 66 of the Acts of 2010, is further amended by striking out "Workforce Development" in the third line and substituting "Advanced Education".
(2) Clause 69(5)(a) of Chapter 7, as amended by Chapter 66 of the Acts of 2010, is further amended by striking out "Workforce Development" in the first line and substituting "Advanced Education".
6 (1) Subsection 74(1) of Chapter 7 is amended by
(a) striking out "not exceeding two hundred and fifty thousand dollars" in the third last line and substituting "as set out in subsections (1A) and (1B)"; and
(b) adding immediately after subsection (1) the following subsections:
(a) to a fine of not more than two hundred and fifty thousand dollars; or
(b) for a second or subsequent offence, within five years from the date of conviction for a previous offence, to a fine of not more than five hundred thousand dollars.
(1B) Notwithstanding subsection (1A), where the offence resulted in a fatality, the person is liable to a fine of not more than five hundred thousand dollars.
(3) Subsection 74(3) of Chapter 7 is amended by striking out "(1)" in the fifth line and substituting "(1A), (1B)".
7 (1) Subsection 75(1) of Chapter 7 is amended by
(a) adding "in addition to a fine imposed pursuant to Section 74 and" immediately after "Act" in the second line;
(b) striking out the comma at the end of clause (f) and substituting a period; and
(2) Clause 75(1)(b) of Chapter 7, as amended by Chapter 66 of the Acts of 2010, is further amended by adding "occupational health and safety initiatives including, but not limited to," immediately after "purpose of" in the second line.
(3) Subsection 75(1A) of Chapter 7 is repealed.
(4) Subsection 75(3) of Chapter 7 is amended by striking out "education" in the third line and substituting "occupational health and safety initiatives".
(a) any fines or other amounts payable pursuant to Sections 74 and 75 of Chapter 7 apply to an offence committed on or after the coming into force of this Act;
(b) any fine or other amounts payable pursuant to Sections 74 and 75 of Chapter 7, as they read before amended by this Act, apply to an offence committed before the coming into force of this Act.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2011 Crown in right of Nova Scotia. Created April 14, 2011. Send comments to legc.office@novascotia.ca.
