BILL NO. 8
(as introduced)
3rd Session, 63rd General Assembly
Nova Scotia
70 Elizabeth II, 2021
Private Member's Bill
Occupational Health and Safety Act
(amended)
Susan Leblanc
Dartmouth North
First Reading: March 11, 2021
Second Reading:
Third Reading:
Explanatory Notes
Clause 1 adds a definition of "Chief Medical Officer of Health" and "non-medical grade mask or face covering" to the Occupational Health and Safety Act.
(a) requires employers to provide non-medical grade masks or face coverings to employees without charge when required or recommended by the Chief Medical Officer of Health; and
(b) requires the Government, its agents and municipalities to provide non-medical grade masks or face coverings to members of the public without charge when entering government or municipal buildings or offices when required or recommended by the Chief Medical Officer of Health.
Clause 3 provides for the establishment of duties and responsibilities of employers regarding the provision of non-medical grade masks or face-coverings in the workplace by way of collective agreement negotiation.
Clause 4 allows the Governor in Council to make regulations prescribing requirements for non-medical grade masks or face coverings.
An Act to Amend Chapter 7
of the Acts of 1996,
the Occupational Health and Safety Act
1 Section 3 of Chapter 7 of the Acts of 1996, the Occupational Health and Safety Act, as amended by Chapter 28 of the Acts of 2000, Chapters 37 and 66 of the Acts of 2010, Chapter 24 of the Acts of 2011 and Chapter 14 of the Acts of 2016, is further amended by
(a) adding immediately after clause (c) the following clause:
- (ca) "Chief Medical Officer of Health" means the Chief Medical Officer of Health
appointed under the Health Protection Act.
(b) adding immediately after clause (s) the following clause:
- (sa) "non-medical grade mask or face covering" means a non-medical grade mask or
face covering that meets the requirements prescribed by the regulations;
2 Chapter 7 is further amended by adding immediately after Section 13 the following Section:
- 13A (1) Every employer shall provide non-medical grade masks or face coverings to employees without charge where doing so is required or recommended by the Chief Medical Officer of Health.
(2) Where an employer is Her Majesty in right of the Province, an agent of Her Majesty in right of the Province or a municipality, as defined in the Municipal Government Act, and doing so is required or recommended by the Chief Medical Officer of Health, that employer shall provide non-medical grade masks or face coverings to all persons without charge when the person is entering indoor premises operated by Her Majesty in right of the Province, the agent or the municipality as the case may be.
3 Chapter 7 is further amended by adding immediately after Section 31 the following Section:
- 31A (1) The duties and responsibilities of the employer regarding the provision of non-medical grade masks or face-coverings in the workplace free of charge for employees may be established and expanded in a collective agreement resulting from negotiations between the employer and the union representing the employees of the workplace.
(2) A duty or responsibility established or expanded under subsection (1) is in addition to any other duty that may be imposed by legislation or order.
4 Subsection 82(1) of Chapter 7, as amended by Chapter 66 of the Acts of 2010 and Chapter 41 of the Acts of 2013, is further amended by adding immediately after clause (d) the following clause:
- (da) without limitation to any power under clause (d), prescribing requirements or
standards for non-medical grade masks and face-coverings, including adopting by reference requirements or standards established
by the Chief Medical Officer of Health, Health Canada or the Chief Public Health Officer of Canada;
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2021 Crown in right of Nova Scotia. Created March 11, 2021. Send comments to legc.office@novascotia.ca.
