OHS Act

Published Date: October 01, 2013
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Section 40.1 Ministerial orders and codes

(1) The Council may make a code of rules (in this section referred to as an “OHS code”)

(a) respecting specific health and safety matters for or in connection with occupations and work sites, including

(i) reporting requirements and the maintenance and preservation of documents reported,

(ii) medical and health requirements,

(iii) joint work site health and safety committees,

(iv) the making available of codes of practice and other information and documents required by an adopted code, and

(v) the instruction, supervision and qualifications of specified persons,

(b) providing for the prevalence of specified provisions of an adopted code over other specified provisions of an adopted code, and

(c) providing for any matter or thing which by this Act or the regulations may or is to be provided for by an adopted code.

(2) The Minister may, after consulting with such representatives of employers and of workers in the industries that will be affected by the code as the Minister considers appropriate, make an order adopting any code that is lawfully made by the Council under subsection (1).

(3) An OHS code may itself adopt or incorporate another specific code (in this section referred to as a “secondary code”) or part of a secondary code, as that secondary code or part exists as at a particular time, dealing with healthy and safety matters that are within the Council’s jurisdiction under subsection (1).

(4) To avoid doubt, an adopted code is an enactment for the purposes of construing the Provincial Offences Procedures Act.

(5) The Minister shall ensure that each adopted code is adequately published in such form as the Minister considers will make it reasonably available, at no expense or at reasonable expense, to all those likely to be affected by it.

(6) To avoid doubt, the Interpretation Act applies with respect to an OHS code.

(7) Except to the extent that an OHS code otherwise provides, where there is any conflict between any provisions in an OHS code and any provisions in a secondary code, the former prevail against the latter.