Occupational Health and Safety Act

67

The Occupational Health and Safety Advisory Council referred to in section 38 of the Occupational Health and Safety Act, SA 2017 cO-2.1, is dissolved and the appointments of members of the Council are terminated.

68(1)

The Lieutenant Governor in Council may make regulations

(a) respecting the transition to this Act of anything under the former Acts, including the interpretation of any transitional provision in this Act;

(b) to remedy any confusion, difficulty, inconsistency or impossibility resulting from the transition to this Act from the former Acts.

68(2)

A regulation made under subsection (1) may be made retroactive to the extent set out in the regulation.

68(3)

A regulation made under subsection (1) is repealed on the earliest of

(a) the coming into force of an amendment that adds the subject‑matter of the regulation to this Act,

(b) the coming into force of a regulation that repeals the regulation made under subsection (1), and

(c) 2 years after the regulation comes into force.

68(4)

The repeal of a regulation under subsection (3)(b) or (c) does not affect anything done, incurred or acquired under the authority of the regulation before the repeal of the regulation.

69(1)

Where an application is made before the coming into force of this Act for

(a) an acceptance under section 55 of the previous Act,

(b) an approval under section 56 or 57 of the previous Act, or

(c) a licence under section 58 of the previous Act

and the application is not disposed of before the coming into force of this Act, the application must be continued and disposed of under and in conformity with the previous Act and, once granted, the acceptance, approval or licence issued is deemed to have been issued under the provision of Part 4 of this Act that corresponds to the provision of the previous Act under which the application was granted.

69(2)

Every

(a) acceptance issued under section 55 of the previous Act,

(b) approval issued under section 56 or 57 of the previous Act, and

(c) licence issued under section 58 of the previous Act

that is valid and subsisting immediately before the coming into force of this Act is deemed to have been issued under this Act and continues in effect subject to this Act and any terms or conditions of the acceptance, approval or licence, as the case may be.

70(1)

Where, before the coming into force of this Act, an officer observes anything or becomes aware of anything that would authorize the officer to issue an order under section 60 or 61 of the previous Act, any order issued by the officer

(a) must be issued under and in conformity with section 60 or 61 of the previous Act, as the case may be, irrespective of whether the order is issued before or after the coming into force of this Act, and

(b) once issued, is deemed to have been made under section 39 or 40 of this Act, as the case may be.

70(2)

Any notice of administrative penalty issued by an officer in connection with a contravention, failure to comply, making of a false statement or giving of false information that occurred before the coming into force of this Act

(a) must be issued under and in conformity with section 68 of the previous Act, irrespective of whether the notice of administrative penalty is issued before or after the coming into force of this Act, and

(b) once issued, is deemed to have been made under section 44 of this Act.

70(3)

Every

(a) order issued under section 60 or 61 of the previous Act, and

(b) notice of administrative penalty issued under section 68 of the previous Act

that is valid and subsisting immediately before the coming into force of this Act is deemed to have been issued under this Act and must be complied with in accordance with this Act.

71

Where an injury or incident occurs at a work site before the coming into force of this Act, the investigation of the injury or incident must be conducted under and in conformity with section 53 of the previous Act.

72

Part 4 of the previous Act continues to apply in respect of any refusal to work or to do particular work or any alleged discriminatory action that occurs before the coming into force of this Act.

73

Section 40 of the previous Act continues to apply in respect of any injury or incident referred to in that section of the previous Act that occurs at a work site before the coming into force of this Act.

74(1)

Where, before the coming into force of this Act,

(a) a review is requested under section 70 of the previous Act, or

(b) an appeal is brought under section 71 of the previous Act

and the review or appeal is not disposed of before the coming into force of this Act, subject to subsection (2), the review or appeal must be continued and disposed of under and in conformity with the previous Act, and any right of further appeal must be determined by and exercised in accordance with the previous Act.

74(2)

The appeal body in any appeal referred to in subsection (1), after considering the matter being appealed, may make any order authorized by section 45(5) of this Act.

75

An appointment or designation under section 42 of the previous Act that remains in effect immediately before the coming into force of this Act is deemed to have been made under section 26 of this Act.

76(1)

Section 13 of the Radiation Protection Act, RSA 2000 cR-2, continues to apply in respect of any overexposure or incident referred to in that section that occurs before the repeal of that Act.

76(2)

Section 16 of the Radiation Protection Act, RSA 2000 cR-2, continues to apply in respect of any condition or other state of facts that exist before the repeal of this Act that would authorize a radiation health officer or the Minister to take any action authorized by that section.

77(1)

The Occupational Health and Safety Act, SA 2017 cO‑2.1, is repealed.

77(2)

The Radiation Protection Act, RSA 2000 cR‑2, is repealed.

78

This Act, except for section 67, comes into force on Proclamation.

(NOTE:   Proclaimed in force December 1, 2021.)