Acts and Regulations

2022, c.51 - An Act Respecting the Health and Safety of Fishers

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2022, c.51
An Act Respecting the Health
and Safety of Fishers
Assented to December 16, 2022
His Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
Occupational Health and Safety Act
1Section 1 of the Occupational Health and Safety Act, chapter O-0.2 of the Acts of New Brunswick, 1983, is amended
(a) in the definition “place of employment” by striking out “a ferry, a train” and substituting “a ferry, a fishing vessel, a train”;
(b) by adding the following definition in alphabetical order:
“fishing vessel” means a vessel that is used, outfitted or designed for catching, collecting, processing or transporting fish or other living marine resources for commercial purposes;(bateau de pêche)
Regulation under the Occupational Health and Safety Act
2(1)Section 2 of New Brunswick Regulation 91-191 under the Occupational Health and Safety Act is amended by adding the following definition in alphabetical order:
“fisher” means, in a place of employment that is a fishing vessel, the owner of the fishing vessel, the employer, the supervisor or an employee;(pêcheur)
2(2)Section 51 of the Regulation is amended
(a) in subsection (1)
(i) in the definition “life jacket” by striking out “unconscious employee” and “an employee” and substituting “unconscious person” and “a person”, respectively;
(ii) in the definition “personal flotation device” by striking out “conscious employee” and “an employee” wherever it appears and substituting “conscious person” and “a person”, respectively;
(iii) in the definition “automatically inflatable personal flotation device” by striking out “conscious employee” and “an employee” and substituting “conscious person” and “a person”, respectively;
(b) by adding after subsection (2) the following:
51(2.1)If a place of employment is a fishing vessel that has no deck or deck structure,
(a) the owner of the place of employment and the employer shall each ensure that a fisher on board the fishing vessel wears a life jacket or flotation device referred to in paragraph (2)(b), (c) or (d), and
(b) a fisher on board the fishing vessel shall wear a life jacket or flotation device referred to in paragraph (2)(b), (c) or (d).
Commencement
3This Act comes into force on June 1, 2024.