Order In Council
92-504

15 May 1992
establishing the

Westray Mine Public Inquiry Commission

Province of
Nova Scotia

By His Honour
The Honourable Lloyd R. Crouse, Privy Councillor
Lieutenant Governor of Nova Scotia

To: The Honourable K. Peter Richard

G R E E T I N G:

WHEREAS it is deemed appropriate to cause inquiry to be made into and concerning the public matters hereinafter mentioned in relation to which the Legislature of Nova Scotia may make laws;

By and with the advice of the Executive Council of Nova Scotia, His Honour the Lieutenant Governor is pleased to appoint the Honourable K. Peter Richard, a Judge of the Supreme Court of Nova Scotia, to be, during pleasure, a Commissioner under the Public Inquiries Act, and a Special Examiner under the Coal Mines Regulation Act, with power to inquire into, report findings, and make recommendations to the Governor in Council and the people of Nova Scotia respecting:

(a) the occurrence, on Saturday, the 9th day of May, A.D. 1992, which resulted in the loss of life in the Westray Mine at Plymouth, in the County of Pictou;
(b) whether the occurrence was or was not preventable;
(c) whether any neglect caused or contributed to the occurrence;
(d) whether there was any defect in or about the Mine or the modes of working the Mine;
(e) whether the Mine and its operations were in keeping with the known geological structures or formations in the area;
(f) whether there was compliance with applicable statutes, regulations, orders, rules, or directions; and
(g) all other matters related to the establishment and operation of the Mine which the Commissioner considers relevant to the occurrence;

The Governor in Council is further pleased to:

(1) authorize the payment of the Commissioner for expenses for travel, reasonable living expenses, and other disbursements necessarily incurred in the Inquiry, in accordance with the provisions of the Judges Act (Canada);
(2) authorize the Commissioner to retain the services of legal counsel and such other expert, technical, secretarial and clerical personnel who, in the opinion of the Commissioner, are required for the purposes of the Inquiry, and fix their remuneration;
(3) authorize the Commissioner to approve for payment reasonable expenses for travel, accomodation, meals, and other disbursements necessarily incurred by personnel for the purpose of the Inquiry;
(4) direct the Commissioner to arrange for suitable facilities, recording and transcribing equipment, and such other administrative matters which, in the opinion of the Commissioner, are necessary for the purpose of the Inquiry and authorize the Commissioner to approve payment of costs incurred in respect of these matters;
(5) authorize the Commissioner to make rules to regulate proceedings of the Inquiry and to conduct its business;
(6) order that remuneration, costs and expenses payable in respect of the Inquiry shall be paid out of the Consolidated Fund of the Province.
GIVEN under my Hand and Seal at Arms at
the City of Halifax this 15th day of May in the year
of Our Lord one thousand nine hundred and ninety-two
and in the forty-first year of Her Majesty's Reign.

(signature illegible)
Provincial Secretary

95-385
The Governor in Council on the report and recommendation of the Minister of Justice dated May 11, 1995, pursuant to Chapter 372 of the Revised Statutes of Nova Scotia , 1989, the Public Inquiries Act, subsection (a) of Section 67 of Chapter 73 of the Revised Statutes of Nova Scotia, 1989, the Coal Mines Regulation Act, and subsection (f) of Section 19 of Chapter 235 of the Revised Statutes of Nova Scotia, 1989, the Interpretation Act, is pleased to amend Order in Council 92-504, dated May 15, 1992, which established the Westray Mine Public Inquiry, by adding immediately following the last paragraph thereof, the following paragraph:

No evidence may be heard by the Westray Public Inquiry until all evidence at the related criminal trial is heard.

(signed) Brenda Shannon
Clerk of the Executive Council

96-387
The Governor in Council on the report and recommendation of the Minister of Justice dated May 17, 1996, pursuant to Sections 2 and 3 of Chapter 372 of the Revised Statutes of Nova Scotia , 1989, the Public Inquiries Act, subsection 67(a) of Chapter 73 of the Revised Statutes of Nova Scotia, 1989, the Coal Mines Regulation Act, and subsection 19(f) of Chapter 235 of the Revised Statutes of Nova Scotia, 1989, the Interpretation Act, is pleased to amend Order in Council 92-504, dated May 15, 1992, which established the Westray Mine Public Inquiry, by substituting a semicolon for the period at the end of paragraph (6) and adding immediately following paragraph (6), the following paragraph:

(7) authorize the Commissioner to request the assistance of the Supreme Court of Nova Scotia to secure the examination of witnesses outside the Province.

(signed) Brenda Shannon
Clerk of the Executive Council

The electronic version of these documents are presented here for your information only. Care has been taken to transcribe the data accurately, but it is not intended to be relied on as an authoritative reference. The official version is the authoritative source.

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Latest revision: 1996 August 15