Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act

Marginal note:Appeal

• 210.101 (1) Any person who is, or any union representing employees who are, directly affected by any of the following decisions or orders may appeal the decision or order to the Board (in this section and in sections 210.104, 210.105, 210.106 and 210.116 referred to as the “provincial labour board”) as defined in the Occupational Health and Safety Act, S.N.S. 1996, c. 7, as amended from time to time (in this section and in sections 210.104 and 210.105 referred to as the “Provincial Occupational Health and Safety Act”):

  • (a) a decision of an occupational health and safety officer under section 210.062;

  • (b) an order of an occupational health and safety officer under subsection 210.063(1), (2) or (3);

  • (c) a determination of an occupational health and safety officer made in respect of an application under section 210.064;

  • (d) an order of a special officer under section 210.093 or subsection 210.094(1) or (2);

  • (e) an order of the Chief Safety Officer referred to in subsection 210.046(1) or (2) or 210.099(2); or

  • (f) a decision of the Chief Safety Officer under subsection 210.1(1).

• Marginal note:Costs

  (2) The costs incurred by the provincial labour board in respect of appeals made under subsection (1), including the remuneration of their members, shall be paid by the Board as defined in section 2.

• Marginal note:Time limit

  (3) An appeal shall be made by filing a notice of appeal under the Provincial Occupational Health and Safety Act within 45 days after the date of the decision or order that is the subject of the appeal.

• Marginal note:No stay

  (4) Subject to subsection (5) or unless otherwise ordered by the provincial labour board, an appeal of a decision or order does not operate as a stay of the decision or order.

• Marginal note:Stay

  (5) Any order under subsection 210.063(1), (2) or (3) is stayed until disposition of the appeal.

• Marginal note:Chief Safety Officer

  (6) The Chief Safety Officer may, subject to any conditions imposed by the provincial labour board, make representations to that board in respect of the decision or order being appealed.

• Marginal note:Conduct of appeal

  (7) The rules of practice and procedure that apply to appeals made under the Provincial Occupational Health and Safety Act apply to appeals made under subsection (1); except, however, that when an employer is required to receive a copy of an order or decision, the operator and Chief Safety Officer shall receive a copy of it as well.

• Marginal note:Powers, privileges and immunities

  (8) The provincial labour board and each of its members has the powers, privileges and immunities granted under the Labour Board Act, S.N.S. 2010, c. 37, as amended from time to time.

• Marginal note:Decision

  (9) The provincial labour board may revoke, or make an order confirming or varying, the decision or order being appealed, and may make any order that a health and safety officer has the power or duty to make under section 210.093 or subsection 210.094(1) or (2).

• Marginal note:Cessation of use

  (10) If the provincial labour board makes an order that a health and safety officer has the power or duty to make under subsection 210.094(2) in respect of a place, thing or activity, the person to whom the order is directed shall cause the use or operation of the place or thing or the performance of the activity to be discontinued, and no individual shall use or operate the place or thing or perform the activity until the measures ordered by that board have been taken.

• Marginal note:Compliance notice

  (11) If required to do so by the Chief Safety Officer, the person or union to whom an order under subsection (9) is directed shall, within the period specified by that Officer, submit to that Officer a notice of compliance describing the extent to which they have complied with the order.

• Marginal note:Non-application of Federal Courts Act

  (12) For the purposes of the Federal Courts Act, the provincial labour board, when exercising jurisdiction or powers under this section, is not a federal board, commission or other tribunal as defined in subsection 2(1) of that Act.