OHS Act

Published Date: October 01, 2013
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Section 1 Definitions

In this Act,

(a) “administrative penalty” means an administrative penalty required to be paid under section 40.3(2);

(a.01) “adopted code” means each code made under section 40.1(1) and adopted under section 40.1(2), including any secondary code adopted or incorporated as referred to in section 40.1(3), that is relevant to the circumstances in question;

(a.1) “code of practice” means a code of practice described in section 33;

(b) “contractor” means a person, partnership or group of persons who, through a contract, an agreement or ownership, directs the activities of one or more employers nvolved in work at a work site;

(c) “controlled product” means a substance or material designated in the regulations as a controlled product;

(d) “Council” means the Occupational Health and Safety Council appointed under section 6;

(e) “designated substance” means a substance designated in the regulations as a designated substance;

(f) “Director” means a Director of Inspection, a Director of Medical Services or a Director of Occupational Hygiene;

(g) “Director of Inspection” means a person appointed under section 5 as a Director of Inspection;

(h) “Director of Medical Services” means a physician appointed under section 5 as a Director of Medical Services;

(i) “Director of Occupational Hygiene” means a person appointed under section 5 as a Director of Occupational Hygiene;

(j) “disciplinary action” means an action that adversely affects a worker with respect to terms or conditions of employment;

(k) “employer” means

(i) a person who is self-employed in an occupation,

(ii) a person who employs one or more workers,

(iii) a person designated by an employer as the employer’s representative, or

(iv) a director or officer of a corporation who oversees the occupational health and safety of the workers employed by the corporation;

(l) “hazardous material” means material designated in the regulations as hazardous material;

(m) “hazardous occupation” means an occupation designated in the regulations as a hazardous occupation;

(n) “hazardous work site” means a work site designated in the regulations as a hazardous work site;

(o) “licence” means a licence, certificate or permit issued under this Act;

(p) “Minister” means the Minister determined under section 16 of the Government Organization Act as the Minister responsible for this Act;

(q) “new project” means a project defined in the regulations as a new project for the purposes of this Act;

(q.1) “notice of administrative penalty” means a notice given under section 40.3(2);

(r) “notifiable disease” means a disease or a state of ill health designated in the regulations as a notifiable disease;

(s) “occupation” means every occupation, employment, business, calling or pursuit over which the Legislature has jurisdiction, except

(i) farming or ranching operations specified in the regulations, and

(ii) work in, to or around a private dwelling or any land used in connection with the dwelling that is performed by an occupant or owner who lives in the private dwelling or a household servant of the occupant or owner;

(t) “occupational disease” means a disease or ill health arising out of and directly related to an occupation;

(u) “officer” means a Director or a person appointed under section 5 as an occupational health and safety officer;

(v) “owner” in respect of a work site means the person in legal possession of the work site or, if the person in legal possession does not request the work, the person with an ownership interest in the work site who requests that the work be done;

(w) “peace officer” means a member of the Royal Canadian Mounted Police or a member of a municipal police service;

(x) “prime contractor” means the prime contractor for a work site referred to in section 3;

(y) “project” means

(i) the construction, demolition, repair, alteration or removal of a structure, building, complex, street, road or highway, pipeline, sewage system or electric, telecommunication or transmission line,

(ii) the digging of, working in or filling of a trench, excavation, shaft or tunnel,

(iii) the installation, modification, repair or removal of any equipment, machinery or plant,

(iv) the operation of a manufacturing, industrial or other process, or

(v) any work designated by a Director of Inspection or a Director of Occupational Hygiene as a project;

(z) “qualifications board” means a qualifications board established under the regulations;

(aa) “supplier” means a person who rents, leases, erects, installs or provides any tools, appliances or equipment or who sells or otherwise provides any designated substance or hazardous material to be used by a worker in respect of any occupation, project or work site;

    (aa.1) “the regulations” means the regulations under section 40(1);

    (bb) “worker” means a person engaged in an occupation;

    (cc) “work site” means a location where a worker is, or is likely to be, engaged in any occupation and includes any vehicle or mobile equipment used by a worker in an occupation.