BILL NO. 12

(as passed, with amendments)

1st Session, 62nd General Assembly
Nova Scotia
62 Elizabeth II, 2013



Government Bill



Occupational Health and Safety Act
(amended)

CHAPTER 41 OF THE ACTS OF 2013



The Honourable Kelly Regan
Minister of Labour and Advanced Education



First Reading: December 4, 2013 (LINK TO BILL AS INTRODUCED)

Second Reading: December 5, 2013

Third Reading: December 12, 2013 (WITH COMMITTEE AMENDMENTS)

Royal Assent: December 12, 2013

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

Be it enacted by the Governor and Assembly as follows:

1 Subsection 11(3) of Chapter 7 of the Acts of 1996, the Occupational Health and Safety Act, is amended by adding "or the regulations" immediately after "Act" in the third line.

2 Clause 39(1)(c) of Chapter 7 is amended by striking out "67 or" in the second line.

3 Section 40 of Chapter 7 is repealed and the following Section substituted:

4 Section 54 of Chapter 7 is amended by striking out "67" in the last line and substituting "69".

5 Chapter 7 is further amended by repealing Sections 67 and 67A and substituting the following Section:

6 (1) Subsections 68(1) and (2) of Chapter 7 are repealed and the following subsection substituted:

(2) Subsection 68(3) of Chapter 7, as enacted by Chapter 37 of the Acts of 2010 and amended by Chapter 66 of the Acts of 2010, is further amended by striking out "or (2)" in the second line.

(3) Subsection 68(9) of Chapter 7, as amended by Chapter 37 of the Acts of 2010, is further amended by adding "pursuant to this Act or the regulations" immediately after "Board".

7 (1) Subsections 69(1) and (2) of Chapter 7 are repealed and the following subsections substituted:

(2) Subsection 69(3) of Chapter 7, as amended by Chapter 24 of the Acts of 2009 and Chapter 66 of the Acts of 2010, is further amended by

(a) striking out "A" in the first line and substituting "Subject to the regulations, a"; and

(b) striking out "or subsection 67A(2)" in the second line.

(3) Subsection 69(4) of Chapter 7, as amended by Chapter 24 of the Acts of 2009, is further amended by

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

(b) striking out "or subsection 67A(1)" in the second line;

(4) Subsection 69(5) of Chapter 7, as amended by Chapter 37 of the Acts of 2010, Chapter 66 of the Acts of 2010 and Chapter 24 of the Acts of 2011, is further amended by

(a) striking out "On" in the first line and substituting "Subject to the regulations, on";

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

(a) the Board shall forthwith provide a copy of the notice of appeal to the Director; and

and

(c) adding ", either orally or by way of written submissions," immediately after "hearing" in the first line of clause (b).

(5) Subsection 69(6) of Chapter 7, as amended by Chapter 37 of the Acts of 2010, is further amended by striking out "The" in the first line and substituting "Subject to the regulations, the".

(6) Subsection 69(7) of Chapter 7 is amended by adding "and the regulations" immediately after "(8)" in the first line.

(7) Subsection 69(8) of Chapter 7 is amended by adding "an officer or" immediately after "of" in the second line.

(8) Subsection 69(9) of Chapter 7, as amended by Chapter 37 of the Acts of 2010, is further amended by adding "but subject to the regulations" immediately after "(7)" in the first line.

(9) Subsection 69(10) of Chapter 7, as amended by Chapter 37 of the Acts of 2010, is further amended by

(a) striking out "The chair of a panel of the Board constituted to hear a particular matter shall provide a copy of the decision of the appeal panel" in the first and second lines and substituting "Subject to the regulations, the Board shall provide a copy of its decision";

(b) striking out "and" at the end of clause (b);

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

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

8 Chapter 7 is further amended by adding immediately after Section 69 the following Section:

9 Section 81 of Chapter 7 is amended by

(a) adding "or the regulations" immediately after "Act" in the second line;

(b) adding ", notice, report" immediately after "decision" in the first and in the last lines of clause (a);

(c) adding ", notice, report" immediately after "decision" in the fifth last, in the fourth last and in the second last lines.

10 (1) Subsection 82(1) of Chapter 7, as amended by Chapter 66 of the Acts of 2010, is further amended by

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

(b) repealing clause (an) and substituting the following clause:

(c) striking out "including, but not limited to" in the first and second lines of clause (ao) and substituting "pursuant to this Act and the regulations, including, without limiting the generality of the foregoing";

(d) striking out the semicolon at the end of subclause (ao)(v) and substituting a comma;

(e) adding immediately after subclause (ao)(v) the following subclauses:

and

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

(2) Clause 82(2)(e) of Chapter 7 is repealed.

11 (1) Where an appeal is initiated pursuant to the Occupational Health and Safety Act and is not completed before the coming into force of this Section, the appeal must be heard and determined pursuant to the Occupational Health and Safety Act as it read immediately before the coming into force of this Section.

(2) Where a right of appeal exists pursuant to the Occupational Health and Safety Act, the appeal period does not expire before the coming into force of this Section and an appeal is not initiated pursuant to the Occupational Health and Safety Act before the coming into force of this Section,

(a) the time for filing the appeal must be reckoned; and

(b) the appeal must be heard and determined,

pursuant to the Occupational Health and Safety Act as it read immediately before the coming into force of this Section.

12 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.


This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2013 Crown in right of Nova Scotia. Created December 12, 2013. Send comments to legc.office@gov.ns.ca.