Occupational Health and Safety Amendment Act, 2001, S.O. 2001, c. 26 - Bill 145

EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 145 and does not form part of the law. Bill 145 has been enacted as Chapter 26 of the Statutes of Ontario, 2001.

The purpose of the Bill is to provide justices of the peace and provincial judges with the power to authorize, by warrant, occupational health and safety inspectors to use any investigative technique or procedure or to do any thing described in the warrant if a justice of the peace or provincial judge, as the case may be, is satisfied by information under oath that there are reasonable grounds to believe that an offence against this Act or the regulations has been or is being committed and that information and other evidence concerning the offence will be obtained through the use of the technique or procedure or the doing of the thing. (Subsection 56 (1) of the Act, as set out in section 2 of the Bill)

The justice of the peace or provincial judge will also be authorized to permit experts to help in the execution of the warrant as well as authorize the inspector to take any or all of the steps set out in the proposed subsections 56 (1.2) and (1.3) of the Act, as set out section 2 of the Bill.

Under the proposed section 56.1 of the Act, as set out in section 3 of the Bill:

1. Things not covered by a warrant may be seized or otherwise dealt with if they are found in the course of an authorized search and if the inspector believes on reasonable grounds that the thing affords evidence of an offence under the Act. (Subsection 56.1 (1))

2. Warrantless searches will be permitted in exigent circumstances. (Subsection 56.1 (2))

3. An inspector will have the same duties as are imposed under section 56 of the Act in respect of giving notice and providing receipts and bringing things before a provincial judge or justice. The procedures set out in the Provincial Offences Act will apply. (Subsection 56.1 (3))

The amendments to subsection 54 (2) of the Act, as set out in section 1 of the Bill, and subsections 62 (1), (2) and (3) of the Act, as set out in section 4 of the Bill, are complementary to the changes set out in sections 2 and 3 of the Bill.

Français

chapter 26

An Act to amend
the Occupational Health
and Safety Act

Assented to December 12, 2001

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1. Subsection 54 (2) of the Occupational Health and Safety Act is repealed and the following substituted:

Entry to dwellings

(2) An inspector may only enter a dwelling or that part of a dwelling actually being used as a workplace with the consent of the occupier or under the authority of a warrant issued under this Act or the Provincial Offences Act.

2. Subsections 56 (1) and (2) of the Act are repealed and the following substituted:

Warrants – investigative techniques, etc.

(1) On application without notice, a justice of the peace or a provincial judge may issue a warrant authorizing an inspector, subject to this section, to use any investigative technique or procedure or to do any thing described in the warrant if the justice of the peace or provincial judge, as the case may be, is satisfied by information under oath that there are reasonable grounds to believe that an offence against this Act or the regulations has been or is being committed and that information and other evidence concerning the offence will be obtained through the use of the technique or procedure or the doing of the thing.

Expert help

(1.1) The warrant may authorize persons who have special, expert or professional knowledge to accompany and assist the inspector in the execution of the warrant.

Terms and conditions of warrant

(1.2) The warrant shall authorize the inspector to enter and search the place for which the warrant was issued and, without limiting the powers of the justice of the peace or the provincial judge under subsection (1), the warrant may, in respect of the alleged offence, authorize the inspector to,

(a) seize or examine and copy any drawings, specifications, licence, document, record or report;

(b) seize or examine any equipment, machine, device, article, thing, material or biological, chemical or physical agent;

(d) conduct or take tests of any equipment, machine, device, article, thing, material or biological, chemical or physical agent, and take and carry away samples from the testing;

(e) take measurements of and record by any means the physical circumstances of the workplace; and

(f) make inquiries of any person either separate and apart from another person or in the presence of any other person.

Duration

(1.3) The warrant is valid for 30 days or for such shorter period as may be specified in it.

Other terms and conditions

(1.4) The warrant may contain terms and conditions in addition to those provided for in subsections (1) to (1.3) as the justice of the peace or provincial judge, as the case may be, considers advisable in the circumstances.

Further warrants

(1.5) A justice of the peace or provincial judge may issue further warrants under subsection (1).

Powers, duties not restricted

(1.6) Nothing in this section restricts any power or duty of an inspector under this Act or the regulations.

Possession

(2) The inspector may remove any thing seized under a warrant from the place from which it was seized or may detain it in that place.

3. The Act is amended by adding the following section:

Power of inspector to seize

56.1 (1) An inspector who executes a warrant issued under section 56 may seize or examine and copy any drawings, specifications, licence, document, record or report or seize or examine any equipment, machine, device, article, thing, material or biological, chemical or physical agent, in addition to those mentioned in the warrant, that he or she believes on reasonable grounds will afford evidence in respect of an offence under this Act or the regulations.

Searches in exigent circumstances

(2) Although a warrant issued under section 56 would otherwise be required, an inspector may exercise any of the powers described in subsection 56 (1) without a warrant if the conditions for obtaining the warrant exist but by reason of exigent circumstances it would be impracticable to obtain the warrant.

Report to justice, etc.

(3) Subsections 56 (3), (4) and (5) apply with necessary modifications to a thing seized under this section.

4. Subsections 62 (1), (2) and (3) of the Act are repealed and the following substituted:

Obstruction of inspector

(1) No person shall hinder, obstruct, molest or interfere with or attempt to hinder, obstruct, molest or interfere with an inspector in the exercise of a power or the performance of a duty under this Act or the regulations or in the execution of a warrant issued under this Act or the Provincial Offences Act with respect to a matter under this Act or the regulations.

Assistance

(2) Every person shall furnish all necessary means in the person’s power to facilitate any entry, search, inspection, investigation, examination, testing or inquiry by an inspector,

(a) in the exercise of his or her powers or the performance of his or her duties under this Act or the regulations; or

(b) in the execution of a warrant issued under this Act or the Provincial Offences Act with respect to a matter under this Act or the regulations.

False information, etc.

(3) No person shall knowingly furnish an inspector with false information or neglect or refuse to furnish information required by an inspector,

(a) in the exercise of his or her powers or the performance of his or her duties under this Act or the regulations; or

(b) in the execution of a warrant issued under this Act or the Provincial Offences Act with respect to a matter under this Act or the regulations.

Commencement

5. This Act comes into force on the day it receives Royal Assent.

Short title

6. The short title of this Act is the Occupational Health and Safety Amendment Act, 2001.

Français

Occupational Health and Safety Amendment Act, 2001, S.O. 2001, c. 26 - Bill 145

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