OHS Act

Published Date: October 01, 2013
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Section 40 Lieutenant Governor in Council regulations

(1) The Lieutenant Governor in Council may make regulations

(a) establishing health and safety rules for or in connection with occupations and work sites, including

(i) reporting, medical and health requirements, and

(ii) the making available of notices issued by a Director and of orders made under, and other information and documents required by, this Act, the regulations or an adopted code;

(b) providing for any matter or thing which by this Act may or is to be provcided for by the regulations;

(c) respecting the establishmnet, composition and operation of a board dealing with first aid training;

(d) respecting licences and licensing, including qualificaitons to obtain and hold licences and the maintenance of a registry of licensees;

(e) specifying which work sites are mines or quarries for the purposes of this Act;

(f) respecting fees;

(i) to be paid by the Government to physicians for services performed, and

(ii) for licences and for services and materials provided

under this Act, the regulations and the adopted codes;

(g) respecting acceptances referred to in section 34;

(h) establishing and otherwise respecting a system of fixed fines or penalties for contraventions of this Act, the regulations and any adopted code, including mechanisms for administering and enforcing that system and the disposition of the fines or penalties collected under the system;

(i) authorizing the making of orders relating to any matters falling within the scope of clauses (a), (d) or (g) or section 40.1(1)(a);

(i.1) respecting administrative penalties, including regulations

(i) respecting notices of administrative penalty, their form and contents and the manner in which they are required to be given;

(ii) respecting the amounts of the administrative penalties that may, subject to section 40.3(3), be imposed under section 40.3(2) and respecting factors to be taken into account in setting the amount of an administrative penalty;

(iii) respecting appeals from administrative penalties, including regulations authorizing the charging of fees in respect of appeals from administrative penalties and regulations respecting the fees, the amounts of the fees and their disposition;

(iv) respecting any other matter the Lieutenant Governor in Council considers necessary or advisable to carry out the intent and purpose of the system of administrative penalties;

(i.2) respecting service of orders under section 44(1.1)(a), (b) and (c), including regulations respecting the electronic methods by which service may be effected, regulations respecting service by recorded mail and regulations respecting when service by recorded mail or an electronic method is deemed to be effective;

(j) enabling any particular subject-matter covered by clause (a) to be dealt with by an adopted code.

(2) If regulations are made under subsection (1)(h), those regulations operate notwithstanding anything in the Financial Administration Act.