BILL 11
An Act Respecting the Health and Safety of Fishers
His Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
Occupational Health and Safety Act
1 Section 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
3 This Act comes into force on June 1, 2024.