Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act (S.C. 1988, c. 28)

DIVISION IIIAppeals and Administration

Appeals

Marginal note:Orders and decisions final

• 189 (1) Except as provided in this Division, every decision or order of the Committee is final and binding.

• Marginal note:Decision or order defined

  (2) Any minute or other record of the Committee or any document issued by the Committee, in the form of a decision or order, shall for the purposes of this section be deemed to be a decision or an order of the Committee.

Marginal note:Stated case for Supreme Court of Nova Scotia

• 190 (1) The Committee may of its own motion or at the request of the Board state a case, in writing, for the opinion of the Appeal Division of the Supreme Court of Nova Scotia on any question that in the opinion of the Committee is a question of law or of the jurisdiction of the Committee.

• Marginal note:Proceedings thereon

  (2) The Appeal Division of the Supreme Court of Nova Scotia shall hear and determine the case stated, and remit the matter to the Committee with the opinion of the Court thereon.

Marginal note:Board may review orders of Committee

191 The Board may, at any time, in its discretion, either on petition of any interested person or of its own motion, vary or rescind any decision or order of the Committee made under this Part, whether such order is made between parties or otherwise and any order that the Board makes with respect thereto becomes a decision or order of the Committee and, subject to section 192, is binding on the Committee and on all parties.

Marginal note:Appeal to Supreme Court of Nova Scotia

• 192 (1) An appeal lies from a decision or order of the Committee to the Supreme Court of Nova Scotia on a question of law, in the manner prescribed on leave for the appeal being obtained from that Court, on application made within one month after the making of the decision or order sought to be appealed from or within such further time as that Court may allow.

• Marginal note:Staying order

  (2) Where leave to appeal is granted pursuant to subsection (1), any order of the Committee in respect of which the appeal is made shall be stayed until the matter of the appeal is determined.

• Marginal note:Powers of the Court

  (3) After the hearing of the appeal, the Supreme Court of Nova Scotia shall certify its opinion to the Committee and the Committee shall make any order necessary to comply with that opinion.

• Marginal note:Order subject to section 191

  (4) Any order made by the Committee pursuant to subsection (3), unless that order has already been dealt with by the Board pursuant to section 191, shall be subject to that section.

Operational Safety Officers and Conservation Officers

Marginal note:Operational safety officers

• 193 (1) Subject to subsection (4), the Federal Minister and the Provincial Minister shall jointly designate as an operational safety officer for the purposes of the administration and enforcement of this Part an individual who has been recommended by the Board. The Ministers shall make the designation within 30 days after the day on which they receive the name of the individual from the Board.

• Marginal note:Conservation officers

  (2) Subject to subsection (4), the Federal Minister and the Provincial Minister shall jointly designate as a conservation officer for the purposes of the administration and enforcement of this Part an individual who has been recommended by the Board. The Ministers shall make the designation within 30 days after the day on which they receive the name of the individual from the Board.

• Marginal note:Notice of designation

  (3) The Ministers shall, without delay after making a designation, notify the Board, in writing, that the designation has been made.

• Marginal note:Restriction

  (4) The Ministers shall not designate an individual if they are not satisfied that the individual is qualified to exercise the powers and carry out the duties and functions of an operational safety officer or a conservation officer, as the case may be, under this Part. If an individual is not designated, the Ministers shall without delay notify the Board of it, in writing.

• Marginal note:Indemnification

  (5) An individual designated under subsection (1) or (2) who is not an employee of the Board is deemed to be an officer for the purposes of section 17.

Marginal note:Orders for verifying compliance

• 194 (1) An operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer may, for the purpose of verifying compliance with this Part, order any person in charge of a place that is used for any work or activity in respect of which this Part applies or any other place in which that officer has reasonable grounds to believe that there is anything to which this Part applies

  • (a) to inspect anything in the place;

  • (b) to pose questions, or conduct tests or monitoring, in the place;

  • (c) to take photographs or measurements, or make recordings or drawings, in the place;

  • (d) to accompany or assist the officer while the officer is in the place;

  • (e) to produce a document or another thing that is in their possession or control, or to prepare and produce a document based on data or documents that are in their possession or control, in the form and manner that the officer may specify;

  • (f) to provide, to the best of their knowledge, information relating to any matter to which this Part applies, or to prepare and produce a document based on that information, in the form and manner that the officer may specify;

  • (g) to ensure that all or part of the place, or anything located in the place, that is under their control, not be disturbed for a reasonable period specified by the officer pending the exercise of any powers under this section; and

  • (h) to remove anything from the place and to provide it to the officer, in the manner that he or she specifies, for examination, testing or copying.

• Marginal note:Powers on entry

  (2) An operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer may, for the purpose of verifying compliance with this Part, and subject to section 194.2, enter a place that is used for any work or activity in respect of which this Part applies or any other place in which that officer has reasonable grounds to believe that there is anything to which this Part applies, and may for that purpose

  • (a) inspect anything in the place;

  • (b) pose questions, or conduct tests or monitoring, in the place;

  • (c) take samples from the place, or cause them to be taken, for examination or testing, and dispose of those samples;

  • (d) remove anything from the place, or cause it to be removed, for examination, testing or copying;

  • (e) while at the place, take or cause to be taken photographs or measurements, make or cause to be made recordings or drawings or use systems in the place that capture images or cause them to be used;

  • (f) use any computer system in the place, or cause it to be used, to examine data contained in or available to it;

  • (g) prepare a document, or cause one to be prepared, based on data contained in or available to the computer system;

  • (h) use any copying equipment in the place, or cause it to be used, to make copies;

  • (i) be accompanied while in the place by any individual, or be assisted while in the place by any person, that the officer considers necessary; and

  • (j) meet in private with any individual in the place, with the agreement of that individual.

• Marginal note:Clarification

  (3) For greater certainty, an officer who has entered a place under subsection (2) may order any individual in the place to do anything described in paragraphs (1)(a) to (h).

• Marginal note:Return of things removed

  (4) Anything removed under paragraph (1)(h) or (2)(d) for examination, testing or copying shall, if requested by the person from whom it was removed, be returned to that person after the examination, testing or copying is completed, unless it is required for the purpose of a prosecution under this Part.

Marginal note:Reports provided to holder of authorization

194.1 An operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer, as the case may be, shall provide written reports to the holder of an authorization about anything inspected, tested or monitored, by or on the order of the officer, for the purpose of verifying compliance with this Part, at any place that is used for a work or activity for which the authorization is issued.

Marginal note:Entering living quarters

• 194.2 (1) If the place referred to in subsection 194(2) is living quarters

  • (a) neither a conservation officer nor the Chief Conservation Officer is authorized to enter those quarters for the purpose of verifying compliance with this Part; and

  • (b) an operational safety officer or the Chief Safety Officer is not authorized to enter those quarters without the consent of the occupant except

    • (i) to execute a warrant issued under subsection (4), or

    • (ii) to verify that those quarters, if on a marine installation or structure, as defined in subsection 210.001(1), are in a structurally sound condition.

• Marginal note:Notice

  (2) The officer shall provide reasonable notice to the occupant before entering living quarters under subparagraph (1)(b)(ii).

• Marginal note:Exception

  (3) Despite subparagraph (1)(b)(ii), any locker in the living quarters that is fitted with a locking device and that is assigned to the occupant shall not be opened by the officer without the occupant’s consent except under the authority of a warrant issued under subsection (4).

• Marginal note:Authority to issue warrant

  (4) On ex parte application, a justice of the peace may issue a warrant authorizing an operational safety officer who is named in it or the Chief Safety Officer to enter living quarters subject to any conditions specified in the warrant if the justice is satisfied by information on oath that

  • (a) the living quarters are a place referred to in subsection 194(2);

  • (b) entry to the living quarters is necessary to verify compliance with this Part; and

  • (c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused or that consent to entry cannot be obtained from the occupant.

• Marginal note:Authority to open locker

  (5) The warrant may also authorize a locker described in subsection (3) to be opened, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that

  • (a) it is necessary to open the locker to verify compliance with this Part; and

  • (b) the occupant to whom it is assigned refused to allow it to be opened or there are reasonable grounds to believe that the occupant to whom it is assigned will refuse to allow it to be opened or that consent to opening it cannot be obtained from that occupant.

• Marginal note:Use of force

  (6) The officer who executes a warrant issued under subsection (4) shall not use force unless the use of force has been specifically authorized in the warrant.

• Marginal note:Telewarrant provisions to apply

  (7) A warrant may be issued under this section by telephone or other means of telecommunication on information submitted by an operational safety officer or the Chief Safety Officer by one of those means, and section 487.1 of the Criminal Code applies for that purpose, with any modifications that the circumstances require.

• Definition of living quarters

  (8) In this section, living quarters means sleeping quarters provided for employees, as defined in subsection 210.001(1), on a marine installation or structure, as defined in that subsection, and any room for the exclusive use of the occupants of those quarters that contains a toilet or a urinal.

Marginal note:Certificate to be produced

195 The Board shall provide every operational safety officer and conservation officer and the Chief Safety Officer and the Chief Conservation Officer with a certificate of appointment or designation and, on entering any place under the authority of this Part, the officer shall, if so required, produce the certificate to the person in charge of the place.

Marginal note:Assistance to officers

• 196 (1) The owner of, and every person in charge of, a place entered by an operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer under subsection 194(2), and every person found in that place, shall give all assistance that is reasonably required to enable the officer to verify compliance with this Part and provide any documents, data or information that are reasonably required for that purpose.

• Marginal note:Transportation, accommodation and food

  (2) If the place referred to in subsection 194(2) is a marine installation or structure, as defined in subsection 210.001(1), the person in charge of the marine installation or structure shall provide to the officer, and to every individual accompanying the officer, free of charge,

  • (a) suitable transportation between the usual point of embarkation on shore and the marine installation or structure, between the marine installation or structure and the usual point of disembarkation on shore, and between marine installations or structures, if the marine installation or structure or marine installations or structures are situated in the offshore area; and

  • (b) suitable accommodation and food at the marine installation or structure.

Marginal note:Obstruction of officers and making of false statements

197 No person shall obstruct or hinder, or make a false or misleading statement either orally or in writing to, an operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer while the officer is engaged in carrying out his or her duties or functions under this Part.

Marginal note:Authority to issue warrant

• 197.1 (1) On ex parte application, a justice of the peace may issue a warrant if the justice is satisfied by information on oath that there are reasonable grounds to believe that there is in any place anything that will provide evidence or information relating to the commission of an offence under this Part.

• Marginal note:Powers under warrant

  (2) The warrant may authorize an operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer, and any other individual named in the warrant, to at any time enter and search the place and to seize anything specified in the warrant, or do any of the following as specified in it, subject to any conditions that may be specified in it:

  • (a) conduct examinations, tests or monitoring;

  • (b) take samples for examination or testing, and dispose of those samples; or

  • (c) take photographs or measurements, make recordings or drawings, or use systems in the place that capture images.

• Marginal note:Where warrant not necessary

  (3) An operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer may exercise the powers described in this section without a warrant if the conditions for obtaining the warrant exist but by reason of exigent circumstances it would not be feasible to obtain one.

• Marginal note:Exigent circumstances

  (4) Exigent circumstances include circumstances in which the delay necessary to obtain the warrant would result in danger to human life or the environment or the loss or destruction of evidence.

• Marginal note:Operation of computer system and copying equipment

  (5) An individual authorized under this section to search a computer system in a place may

  • (a) use or cause to be used any computer system at the place to search any data contained in or available to the computer system;

  • (b) reproduce or cause to be reproduced any data in the form of a printout or other intelligible output;

  • (c) seize any printout or other output for examination or copying; and

  • (d) use or cause to be used any copying equipment at the place to make copies of the data.

• Marginal note:Duty of person in charge of place

  (6) Every person who is in charge of a place in respect of which a search is carried out under this section shall, on presentation of the warrant, permit the individual carrying out the search to do anything described in subsection (5).

• Marginal note:Transportation, accommodation and food

  (7) The person in charge of a marine installation or structure, as defined in subsection 210.001(1), shall provide to an individual who is executing a warrant under this section at the marine installation or structure, free of charge,

  • (a) suitable return transportation between the marine installation or structure and any location from which transportation services to that marine installation or structure are usually provided, and between marine installations or structures, if the marine installation or structure or marine installations or structures are situated in the offshore area; and

  • (b) suitable accommodation and food at the marine installation or structure.

• Marginal note:Telewarrant provisions to apply

  (8) A warrant may be issued under this section by telephone or other means of telecommunication on information submitted by an operational safety officer, the Chief Safety Officer, a conservation officer or the Chief Conservation Officer by one of those means, and section 487.1 of the Criminal Code applies for that purpose, with any modifications that the circumstances require.