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3rd Session, 40th Legislature

This HTML version is provided for ease of use and is based on the bilingual version that was distributed in the Legislature after First Reading.

Bill 69

THE TECHNICAL SAFETY ACT


Table of Contents Bilingual version (PDF) Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

PART 1

INTRODUCTORY PROVISIONS

Definitions

1(1)        The following definitions apply in this Act.

"advisory council" means the Technical Safety Advisory Council established under subsection 84(1). (« Conseil consultatif »)

"alteration" includes an addition. (« modification »)

"appeal board" means a Technical Safety Appeal Board appointed under subsection 79(1). (« commission d'appel »)

"approval mark" means any of the following:

(a) a certification mark required by this Act;

(b) an approval mark attached or posted under subsection 56(2);

(c) a third party approval mark. (« marque d'approbation »)

"authorization certificate" means a certificate of authorization for a quality assurance program issued under subsection 44(3). (« certificat d'autorisation »)

"certification mark" means a mark or other identification of a prescribed certification organization certifying that the regulated equipment on which it is placed meets the organization's standard for that certification. (« marque d'homologation »)

"committee" means a committee of the advisory council. (« comité »)

"court" means the Court of Queen's Bench of Manitoba. (« tribunal »)

"dangerous incident" means an event occurring as a result of the use of regulated equipment, or the performance of regulated work, that

(a) causes personal injury, death or damage to property; or

(b) creates a technical safety risk. (« incident dangereux »)

"director" means the director of technical safety appointed under section 57. (« directeur »)

"inspector" means an inspector appointed or designated under section 64. (« inspecteur »)

"installation permit" means a permit issued under clause 29(1)(a) to install or alter regulated equipment. (« permis d'installation »)

"lease" includes an offer to lease. (« location »)

"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)

"operating permit" means a permit issued under clause 29(1)(b) to operate regulated equipment. (« permis d'exploitation »)

"order" means an order (other than a court order) issued under this Act. (« ordre »)

"owner" includes a lessee, a person in charge, a person who has care and control, and a person who holds out as having the powers and authority of ownership or who for the time being exercises the powers and authority of ownership. (« propriétaire »)

"person" means an individual, an association, a partnership, a corporation or an unincorporated body. (« personne »)

"prescribed" means prescribed by regulation under this Act.

"quality assurance program" means a program for regulated work that sets out all the documented, planned and systematic actions needed to ensure compliance with this Act. (« programme d'assurance de la qualité »)

"regulated equipment" means equipment referred to in subsection 2(1). (« matériel réglementé »)

"regulated work" means work referred to in section 3 that is performed on regulated equipment. (« travail réglementé »)

"regulated work licence" means a licence issued to a person under subsection 37(1) authorizing him or her to perform regulated work. (« permis d'exécution d'un travail réglementé »)

"sell" includes an offer to sell and any other transfer of title or offer of a transfer of title. (« vendre »)

"technical safety risk" means a risk that serious personal injury, death or property damage could be caused by the use of regulated equipment or the performance of regulated work. (« risque relatif à la sécurité technique »)

"third party approval mark" means a mark or other identification of a prescribed approval agency indicating that the regulated equipment on which it is placed meets the requirements of a prescribed code, standard, guideline or procedure. (« marque d'approbation d'un tiers »)

"use" means put into action or service and includes performing regulated work. (« utilisation » ou « utiliser »)

"variance" means a variance issued under subsection 49(2). (« dérogation »)

"vendor" includes a lessor. (« vendeur »)

Reference to "Act" includes regulations

1(2)        The term "this Act" includes regulations made under this Act.

APPLICATION

Act applies to equipment

2(1)        This Act applies to the following equipment as defined in the regulations:

(a) amusement rides;

(b) boilers and boiler systems;

(c) pressure vessels and pressure piping systems;

(d) electrical products and electrical devices;

(e) elevating devices and conveyance devices;

(f) fuel burning equipment and fuel systems;

(g) refrigeration equipment and refrigeration systems;

(h) any prescribed equipment.

Act may apply to parts of equipment only

2(2)        The regulations may specify that this Act or any provision of it applies to a part or parts of regulated equipment.

Act applies to work on equipment

3           This Act applies to the following work performed on regulated equipment:

(a) assembly;

(b) manufacturing;

(c) construction;

(d) installation;

(e) operation;

(f) maintenance;

(g) alteration;

(h) testing;

(i) repair;

(j) any prescribed activity.

Crown bound

4(1)        This Act binds the Crown.

Manitoba Hydro activities exempt

4(2)        Despite subsection (1), this Act does not apply to electrical products and devices used by Manitoba Hydro in its generation, transmission, distribution or supply of power under The Manitoba Hydro Act.

Manitoba Hydro employees exempt

4(3)        Despite subsection (1), an employee of Manitoba Hydro is not required to hold a regulated work licence when he or she performs electrical work directly related to the corporation's generation, transmission, distribution or supply of power.

PURPOSE

Purpose

5           The purpose of this Act is to maintain and enhance public safety by

(a) ensuring compliance with the requirements of this Act;

(b) requiring permits for installing or operating regulated equipment;

(c) requiring persons who perform regulated work to be licensed; and

(d) providing for the efficient and flexible administration of technical standards for regulated equipment and regulated work.

PART 2

PROHIBITIONS AND OBLIGATIONS

No unsafe use of equipment

6           A person must not use regulated equipment in a manner that is unsafe, creates a technical safety risk or is otherwise contrary to this Act.

No use of equipment believed to be unsafe

7           A person must not use regulated equipment that he or she has reason to believe is unsafe.

No creating unsafe conditions

8           A person must not engage in any activity, practice or conduct that causes regulated equipment to be unsafe or causes regulated work to be performed in a manner that is unsafe.

No installation without permit

9(1)        If required by the regulations, a person must not install or alter regulated equipment without an installation permit.

No operation without permit

9(2)        If required by the regulations, a person must not operate regulated equipment without an operating permit.

No use without approval mark

10          A person must not use regulated equipment unless it has an approval mark or is exempted by regulation for the purpose of this section.

No use in contravention of order

11(1)       A person must not use, or cause or permit the use of, regulated equipment in contravention of an order.

No work in contravention of order

11(2)       A person must not perform regulated work in contravention of an order.

No regulated work contrary to the Act

12          A person must not assemble, manufacture, construct, install, operate, maintain, alter, test or repair regulated equipment, or perform a prescribed activity on it, contrary to this Act.

No regulated work without licence

13          A person must not perform regulated work for which a licence is required by this Act unless he or she holds the licence for that work.

No regulated work without authorization certificate

14          If required by the regulations, a person must not perform regulated work unless an authorization certificate has been issued for the quality assurance program in respect of that work.

No employing persons without licence or other authorization

15          An employer must not employ a person to perform regulated work for which a licence is required by this Act unless that person holds the licence for that work or is otherwise authorized by regulation to perform that work.

Owner's duties

16          An owner of regulated equipment must ensure that

(a) the equipment meets the requirements of this Act;

(b) if required by the regulations, an installation or operating permit has been issued for the equipment before it is installed or operated; and

(c) any person engaged by the owner to perform regulated work for which a licence is required by this Act holds the licence for that work or is otherwise authorized by regulation to perform that work.

Manufacturer's duty to ensure requirements met

17          A person who manufactures any regulated equipment for use in Manitoba must ensure that it meets the requirements of this Act.

No selling, leasing, etc., where risk

18          A person must not advertise, display, sell or lease regulated equipment knowing that if the equipment was used in a normal manner it would or could be unsafe or create a technical safety risk.

No selling, leasing, etc., of prohibited equipment

19          A person must not advertise, display, sell or lease regulated equipment that is prohibited by this Act from being sold or leased.

No selling, leasing, etc., by vendor

20          A person who is a vendor in the ordinary course of business (other than as an employee or agent) must not advertise, display, sell or lease any regulated equipment that does not meet the requirements of this Act.

Vendor must provide required warnings or instructions

21          A person who is a vendor in the ordinary course of business (other than as an employee or agent) must provide the warnings or instructions in respect of regulated equipment that are required by this Act to be provided to purchasers or prospective purchasers.

No tampering with approval marks

22          A person must not

(a) deface or tamper with an approval mark; or

(b) remove, interfere with or change an approval mark without the prior approval of the director or an inspector.

No falsifying permits, licences, etc.

23          A person must not falsify or unlawfully alter any permit, licence, approval mark, certificate, record, report or form issued or made under this Act.

No proceeding with or concealing work

24          If the regulations require that regulated work be inspected or otherwise authorized to proceed, a person must not proceed with or cover up, close up or conceal the work until an inspector has inspected or authorized it.

Duty to report technical safety risk

25(1)       In respect of regulated equipment or regulated work, the owner of the equipment, the holder of an installation or operating permit or the person who performs the work must report to the director in accordance with the regulations any technical safety risk created by the equipment or work.

Duty to report dangerous incident

25(2)       Subject to the regulations, the owner of regulated equipment, the holder of an installation or operating permit or any person who is performing regulated work must report to the director any dangerous incident respecting the equipment or work.

No retaliation

25(3)       An employer must not dismiss, suspend, lay off, penalize, discipline or discriminate against any employee if the reason for doing so is in any way related to a report the employee made under this section.

No site disturbance

26          A person must not remove, disturb or interfere with anything in, on or about the place where a dangerous incident that is required to be reported has occurred, except

(a) as is necessary to rescue a person, to prevent personal injury or death or to protect property;

(b) to comply with the requirements of this Act; or

(c) as directed or required by the director or an inspector.

No condoning activities

27          A person must not require, authorize, allow, counsel, condone or acquiesce in any activity, practice or conduct that is an offence under this Act.

PART 3

PERMITS, LICENCES AND

AUTHORIZATION CERTIFICATES

INSTALLATION AND OPERATING PERMITS

Installation permit required

28(1)       If required by the regulations, a person must obtain a permit for the installation or alteration of regulated equipment.

Operating permit required

28(2)       If required by the regulations, a person must obtain a permit for the operation of regulated equipment.

Director may issue permits

29(1)       Subject to this Part and the regulations, the director may issue permits for

(a) the installation or alteration of regulated equipment; and

(b) the operation of regulated equipment.

Person entitled to permit

29(2)       A person who applies in the prescribed manner and pays the prescribed fee is entitled to an installation permit or an operating permit if the prescribed requirements are met.

Installation permit conditions

30          Every installation permit is subject to the following conditions:

1.  The person installing or altering the regulated equipment must comply with this Act and the terms and conditions of the permit.

2.  The regulated equipment as installed or altered must comply with this Act and the terms and conditions of the permit.

Operating permit conditions

31          Every operating permit is subject to the following conditions:

1.  The regulated equipment must comply with this Act and the terms and conditions of the permit.

2.  The person operating the regulated equipment must comply with this Act and the terms and conditions of the permit.

Terms and conditions may be imposed by regulation or director

32          An installation or operating permit may also be subject to terms and conditions

(a) imposed by regulation; or

(b) imposed by the director on that specific permit.

No contravening terms or conditions

33          The holder of an installation or operating permit must not contravene a term or condition of it.

Installation permit not transferable

34(1)       An installation permit is not transferable.

Operating permit may be transferable

34(2)       Subject to the regulations, an operating permit is transferable.

Extending installation permit

35(1)       The term of an installation permit may be extended in accordance with the regulations.

Renewing operating permit

35(2)       An operating permit may be renewed in accordance with the regulations.

REGULATED WORK LICENCES

Regulated work licence required

36          If required by the regulations, a person who performs regulated work must hold a licence for that regulated work.

Director may issue regulated work licences

37(1)       Subject to this Part and the regulations, the director may issue licences for the performance of regulated work.

Person entitled to regulated work licence

37(2)       A person who applies in the prescribed manner and pays the prescribed fee is entitled to a regulated work licence if he or she meets the prescribed requirements.

Conditions on regulated work licence

38          Every regulated work licence is subject to the following conditions:

1.  The holder must comply with this Act and the terms and conditions of his or her regulated work licence.

2.  The holder must maintain current knowledge of this Act.

Terms and conditions may be imposed by regulation or director

39          A regulated work licence may also be subject to terms and conditions

(a) imposed by regulation; or

(b) imposed by the director on that specific licence.

Regulated work licence not transferable

40          A regulated work licence is not transferable.

No work outside scope of licence

41          The holder of a regulated work licence must not perform regulated work that is outside the scope of his or her licence.

No contravening terms or conditions

42          The holder of a regulated work licence must not contravene a term or condition of his or her licence.

Renewal

43          A regulated work licence may be renewed in accordance with the regulations.

AUTHORIZATION CERTIFICATES

Who must have quality assurance program

44(1)       If required by the regulations or a written order of the director, the following persons must establish a quality assurance program and obtain an authorization certificate for it:

(a) an owner of regulated equipment;

(b) a manufacturer of regulated equipment;

(c) a designer of regulated equipment;

(d) a vendor of regulated equipment;

(e) a person who performs regulated work;

(f) a person who employs or engages others to perform regulated work.

Documents and fee to be provided to the director

44(2)       To obtain an authorization certificate for a quality assurance program, a person must provide the following to the director in accordance with the regulations:

(a) a written copy of the quality assurance program;

(b) payment of the prescribed program review fee.

Director may issue authorization certificate

44(3)       Subject to this Part and the regulations, the director may issue an authorization certificate for a quality assurance program.

Person entitled to authorization certificate

44(4)       A person who applies in the prescribed manner and pays the prescribed fee is entitled to an authorization certificate if the prescribed requirements are met.

Duty to comply with quality assurance program

44(5)       A person must comply with a quality assurance program if

(a) the person is required to establish a quality assurance program; or

(b) the person performs regulated work to which the quality assurance program applies.

Reports to be provided to director

44(6)       A person who is required to establish a quality assurance program must prepare reports and submit them to the director in accordance with the regulations.

No changes to quality assurance program without notice

44(7)       A person must not make a change to a quality assurance program for which an authorization certificate has been obtained without first notifying the director of the change in accordance with the regulations.

DECISIONS, RECONSIDERATIONS AND APPEALS

Director may suspend, cancel or refuse to renew permits, licences and certificates

45(1)       Subject to this Part and the regulations, the director may make any of the following decisions:

(a) suspend or cancel an installation or operating permit or a regulated work licence;

(b) refuse to issue an installation or operating permit or a regulated work licence or refuse to renew an operating permit or a regulated work licence;

(c) impose terms or conditions under clause 32(b) or 39(b) or amend terms or conditions imposed under one of those provisions;

(d) suspend or cancel an authorization certificate.

Notice of decision

45(2)       The director must give the person affected by a decision under subsection (1) notice of the decision, with written reasons.

When suspension or cancellation becomes effective

45(3)       A decision to suspend or cancel a permit, licence or certificate or to impose or amend terms and conditions takes effect when notice of the decision is given to the person, or on the date specified in the decision, whichever is later.

Request for reconsideration

46(1)       A person who is notified of a decision under section 45 may request that the director reconsider the decision. The request must be served on the director no later than 14 days after the person is given the notice.

Form of request

46(2)       A request must take the form of a written response to the decision, setting out the reasons why the director should reconsider the decision. In the case of a decision to suspend or cancel a permit, licence or certificate or impose or amend terms or conditions on a permit or licence, the person may also request the director to stay the decision pending the reconsideration.

Stay of decision

46(3)       On request, the director may stay the operation of the decision under reconsideration or any part of it if, after considering the circumstances of the order, the written response and any technical safety risk involved, the director finds it is appropriate to do so.

Decision on reconsideration

46(4)       After considering the written response, the director may rescind the decision or make any of the decisions described in subsection 45(1). The director must give the person a copy of the decision, with written reasons.

Appeal

47(1)       A person who is given a decision under subsection 46(4) may appeal the decision to the appeal board.

How to appeal

47(2)       The appeal must be made by filing a notice of appeal with the minister within 14 days after being given a copy of the director's decision. As soon as practicable after filing the notice, the person appealing must serve a copy of it on the director.

Director is party to appeal

47(3)       The director is a party to the appeal.

Appeal board's decision

47(4)       The appeal board must decide the matter by confirming, varying or quashing the decision of the director or by dismissing the appeal.

Reader's aid

47(5)       For provisions relating to the appeal board, see Part 9.

No reconsideration or appeal

48          Despite any other provision of this Act, the director may refuse to issue or renew, or may cancel or suspend, any permit, licence or certificate under this Act if the holder is delinquent in the payment of any fee or penalty owed under this Act, and such a decision is not subject to a reconsideration under section 46 or appeal under section 47.

PART 4

VARIANCES AND APPROVALS

VARIANCES

Application for variance

49(1)       A person may apply to the director in accordance with the regulations for a variance

(a) to substitute a method of compliance for a requirement of this Act;

(b) to authorize a deviation from the application of a requirement of this Act; or

(c) to authorize a use, other than the standard use, of regulated equipment if the proposed use is not specifically prohibited by this Act.

Issuing variance

49(2)       The director may issue a variance if the director is of the opinion that the variance provides the same or greater level of technical safety.

Terms and conditions

49(3)       The director may impose terms and conditions on the variance.

Form

49(4)       A variance must be in writing and must specify the time period during which the variance is in effect.

Duty to comply with variance

50(1)       A person to whom a variance is issued must ensure that any terms and conditions on the variance are complied with.

Effect of compliance

50(2)       Compliance with a variance is deemed to be compliance with this Act.

Other requirements still apply

50(3)       To avoid doubt, during the period that the variance is in effect, any other requirement of this Act continues to apply to the affected regulated equipment or regulated work.

Suspension or cancellation

51          The director may suspend or cancel a variance if

(a) the holder fails to comply with its terms and conditions; or

(b) the director is no longer of the opinion that the variance provides the same or greater level of technical safety.

Effective period of variance

52          A variance is in effect during the period specified by the director unless it is suspended or cancelled before that period expires.

TEMPORARY USES

Authorizing temporary use

53(1)       The director may, in writing and for a specified time period, authorize the use of a code, standard, guideline or procedure, or a variance from a prescribed code, standard, guideline or procedure, for the purpose of accommodating new developments or technological advances respecting any regulated equipment or regulated work.

Application

53(2)       A temporary use may be general or particular in its application.

Terms and conditions

53(3)       The director may impose terms and conditions on the temporary use and amend those terms and conditions.

Effective period

53(4)       A temporary use is in effect during the specified time period unless it is rescinded by the director.

Director may rescind temporary use

53(5)       The director may rescind a temporary use at any time.

Compliance

54(1)       Compliance with a temporary use is deemed to be compliance with this Act.

Other requirements still apply

54(2)       To avoid doubt, during the period that the temporary use is in effect, any other requirements under this Act, including a requirement of a code, standard, guideline or procedure, continue to apply to the affected regulated equipment or regulated work.

HIGHER STANDARDS

Compliance with higher standards

55(1)       Despite any other provision of this Act, the director may, by written order, require that

(a) regulated equipment comply with a standard that is higher than a prescribed requirement of this Act; or

(b) regulated work comply with a standard that is higher than a prescribed requirement of this Act;

if the director is of the opinion that the higher standard is necessary to minimize a technical safety risk. Compliance with the order is deemed to be compliance with this Act.

Director to give copy of order

55(2)       The director must give the person to whom the order is directed a copy of it.

Reconsideration and appeal

55(3)       Section 46 (reconsideration) and section 47 (appeal) apply with necessary changes to a decision of the director to make an order under this section.

APPROVALS FOR USE OF UNCERTIFIED EQUIPMENT

Approval by director

56(1)       Subject to the regulations, the director may approve regulated equipment for use in Manitoba, regardless of whether a certification mark is present on it.

Notice requirements

56(2)       The director may

(a) attach an approval mark that is readily identifiable as an approval mark to the regulated equipment; or

(b) if it is impracticable to attach an approval mark, order that notice of the approval mark be prominently posted where the regulated equipment is to be used.

PART 5

DIRECTOR OF TECHNICAL SAFETY

Appointment of director of technical safety

57          A director of technical safety whose function is to administer and enforce this Act must be appointed under The Civil Service Act.

Delegation

58          The director may, in writing, delegate to any person any of the powers, duties or functions conferred or imposed on the director by this Act, other than the following:

(a) the power to issue an information bulletin under section 60;

(b) the power to apply for an injunction under section 62;

(c) the director's powers as an inspector under subsection 64(3);

(d) the power to review an inspector's order under section 71;

(e) any power under Part 8 (Administrative Penalties).

Examining qualifications

59(1)       Subject to the regulations, the director may examine the qualifications of an applicant for a regulated work licence for the purpose of issuing or renewing it.

Delegating examination functions

59(2)       The director may delegate the powers and functions under subsection (1) to another government department, or government agency, person or body.

Qualifications and training for permit holders or where no licence required

59(3)       If the regulations do not provide for these matters, the director may establish the qualifications, training and experience that are required for

(a) persons who use regulated equipment, whether or not an installation or operating permit is required; and

(b) persons who perform regulated work for which a regulated work licence is not required by this Act.

Information bulletins

60(1)       The director may issue a written information bulletin about interpreting the application or operation of this Act.

Scope

60(2)       An information bulletin may be general or specific in scope.

Director to publish information bulletins

60(3)       The director must make an information bulletin available to the public and may do so by publishing it on a government website and by any other manner that the director considers appropriate.

Conflict

60(4)       If there is a conflict between a provision of this Act and an information bulletin, the provision of this Act prevails.

Forms

61          The director may approve forms for use in the administration of this Act and may require them to be used.

Injunction

62          On application by the director, and on being satisfied that there is reason to believe that a person has done, is doing or is about to do anything in contravention of this Act, including

(a) installing regulated equipment without the required installation permit;

(b) operating regulated equipment without the required operating permit;

(c) performing work without the required regulated work licence; or

(d) performing regulated work without the required authorization certificate;

the court may issue an injunction ordering the person to refrain from doing that thing.

Inquiry

63(1)       The director may inquire, or, if directed to do so by the minister, must inquire into the cause, origin and circumstances of a dangerous incident.

Inquiry powers

63(2)       In conducting an inquiry, the director has the powers of a commissioner under Part V of The Manitoba Evidence Act.

PART 6

INSPECTIONS

INSPECTORS

Appointment of inspectors

64(1)       The minister may appoint any person as an inspector for the purpose of this Act.

Designation

64(2)       Subject to the regulations, the minister may designate a person or class of persons to act as an inspector in relation to any matter referred to in the designation, on such terms as the minister specifies.

Director has inspection powers

64(3)       The director has the powers of an inspector for the purpose of this Part.

INSPECTION POWERS

General inspection powers

65(1)       An inspector may, at any reasonable time and where reasonably required to administer this Act or to determine compliance with it,

(a) enter and inspect any premises

(i) that the inspector believes on reasonable grounds contain any regulated equipment or records relating to any regulated equipment or to regulated work on such equipment, or

(ii) at which the inspector believes on reasonable grounds regulated work is being performed or is about to be performed;

(b) use or operate any equipment, in or on the premises, or require it to be used, operated, disconnected, dismantled or uncovered under specific conditions;

(c) require any equipment to be produced for testing or other examination;

(d) conduct any test, take any sample or make any other examination of the premises or any equipment;

(e) open any container that the inspector believes on reasonable grounds contains any thing relevant to the inspection;

(f) require any person to provide information or produce any record for examination or copying, including the names and addresses of holders of licences together with a statement setting out their qualifications, the nature of the work they do and when and where it is done;

(g) use any data storage, processing or retrieval device or system in or on the premises in order to produce a record in a readable form;

(h) take photographs or videos or otherwise make a record of the premises or of any equipment in or on the premises; and

(i) take any other steps the inspector considers necessary.

Removing records to make copies

65(2)       If an inspector is not able to make copies of records at the premises being inspected, he or she may remove them to make copies, but the inspector must give a receipt to the person from whom they were taken and return the originals as soon as practicable.

Assistance

65(3)       An inspector may be accompanied by one or more persons who may assist him or her in carrying out the inspection.

Authority to enter private dwelling

65(4)       An inspector may not enter a private dwelling except with the consent of the owner or occupant or under the authority of a warrant.

Warrant to enter and inspect private dwelling

65(5)       On application by an inspector, a justice may, at any time, issue a warrant authorizing the inspector and any other person named in the warrant to enter and inspect a private dwelling if the justice is satisfied that there are reasonable grounds to believe that

(a) entry to the dwelling is necessary for the purpose of administering or determining compliance with this Act; and

(b) entry to the dwelling has been refused or will be refused.

Application without notice

65(6)       A warrant under subsection (5) may be issued upon application without notice.

Assistance

65(7)       The owner of the premises being inspected under this section, and any person found there,

(a) must give the inspector all reasonable assistance to enable the inspector to carry out any action authorized under this Act;

(b) must produce any equipment or thing that the inspector requires;

(c) must, on request, produce the installation or operating permit, approval mark or variance for any regulated equipment; and

(d) must provide any information that the inspector requires.

Identification to be shown

65(8)       An inspector carrying out an inspection under this Act must show his or her identification if requested to do so.

Producing regulated work licence

65(9)       The holder of a regulated work licence must make it available for inspection if requested to do so.

INSPECTION PROGRAMS

Inspection programs

66(1)       The director may establish one or more programs for the inspection of regulated equipment.

Geographical restrictions, frequency of inspections

66(2)       An inspection program may

(a) apply to one or more specified areas in Manitoba; and

(b) specify the frequency of inspections to be carried out under the program.

Requirements may be prescribed

66(3)       An inspection program must meet the prescribed requirements, if any.

Inspection fee

66(4)       The director may charge the prescribed fee for an inspection carried out under an inspection program.

Other inspections

66(5)       To avoid doubt, this section applies even though the terms and conditions of an installation or operating permit may also require one or more inspections.

PROHIBITION

Obstruction

67          A person must not

(a) hinder, obstruct or interfere with an inspector carrying out an inspection;

(b) refuse to answer questions on matters relevant to an inspection;

(c) provide an inspector with information on matters relevant to an inspection that the person knows to be false or misleading; or

(d) withhold from an inspector, or alter or destroy, any document, record or thing that is relevant to an inspection.

INSPECTIONS BY GAS UTILITIES

Inspections and reporting by gas utility companies

68(1)       If required by the regulations, a gas utility company must

(a) inspect regulated equipment that is, or is to be, connected to the company's works; and

(b) prepare inspection reports, and submit them to the director, in accordance with the regulations.

Meaning of "gas utility"

68(2)       In subsection (1), a "gas utility" means a system of works required for the transmission and distribution of natural gas or liquified petroleum gas to the public, the operations of which are within the jurisdiction of The Public Utilities Board.

PART 7

ORDERS

Order by inspector

69(1)       An inspector may issue an order if there are reasonable grounds to believe that

(a) a person is contravening or failing to comply with or has contravened or failed to comply with the requirements of this Act;

(b) regulated equipment is being used or has been used in a manner that is creating or has created a technical safety risk; or

(c) regulated work is being performed or has been performed in a manner that creates or created a technical safety risk.

To whom order may be directed

69(2)       An order may be directed to one or more of the following persons:

(a) the owner of regulated equipment;

(b) the operator of regulated equipment;

(c) a manufacturer, designer or vendor of regulated equipment;

(d) a person who employs or engages others to perform regulated work;

(e) a person performing regulated work;

(f) a person supervising the performance of regulated work;

(g) any member of a prescribed class.

Requirements of order

69(3)       An order must be in writing and must

(a) name the person to whom the order is directed;

(b) state the reasons for the order;

(c) specify the action to be taken, stopped or modified;

(d) state the time within which the order must be complied with;

(e) state that the person may, in writing, request a review of the order under section 71; and

(f) be dated the day the order is made.

Examples of specified actions

69(4)       Without limiting clause (3)(c), an order may specify one or more of the following actions be taken:

(a) that regulated equipment be stopped, closed down or disconnected from energy sources, or that activities or practices involving the equipment be modified;

(b) that regulated work be stopped, or that activities or practices involving regulated work be modified;

(c) that advertising, display, sale or lease of regulated equipment be stopped;

(d) that any other action be taken, modified or stopped if necessary to prevent, avoid or reduce a technical safety risk.

Oral order

69(5)       If the delay necessary to put the order in writing is likely to significantly increase the technical safety risk, the inspector may give the order orally. But the order must be confirmed in writing within 72 hours.

Inspector must give copy of order

69(6)       The inspector must give the person to whom the order is directed a copy of it.

Immediate effect

69(7)       The order is effective immediately.

Oral order effective

69(8)       To avoid doubt, an oral order is effective before it is confirmed in writing.

Compliance

70(1)       A person who is given an order under section 69 must comply with it within the time specified in the order.

No start or reconnection except as provided by order or inspector

70(2)       Regulated equipment that has been closed down, stopped, disconnected or turned off must not be started, reconnected or turned on again except as provided for in the order or with written permission of an inspector.

Right to request a review

71(1)       A person to whom an inspector's order is directed may request the director to review it.

Written response

71(2)       A request for review must take the form of a written response to the order, setting out the reasons why the director should vary or rescind the order. It may also contain a request that the director suspend all or part of the order under review pending a decision under subsection (5).

Deadline

71(3)       The written response must be served on the director no later than 14 days after the person is given the order under subsection 69(6).

Suspending the order

71(4)       On request, the director may suspend the operation of all or any part of the order under review if, after considering the technical safety risk, it is appropriate to do so.

Director's decision

71(5)       Upon receiving a written response, the director must consider the inspector's order and the written response and may

(a) confirm, vary or rescind the order; or

(b) allow additional time for the person to comply with it and may attach conditions to that compliance.

Decision and written reasons

71(6)       Upon making a decision under subsection (5), the director must give the person who requested the review notice of the decision, with written reasons.

Appeal

72(1)       The person who requested the review may appeal the director's decision under subsection 71(5) to the appeal board.

How to appeal

72(2)       The appeal must be made by filing a notice of appeal with the minister within 14 days after the person is given a copy of the director's decision. As soon as practicable after filing the notice, the person appealing must serve a copy of it on the director.

Director is party to appeal

72(3)       The director is a party to the appeal.

Appeal board's decision

72(4)       The appeal board must decide the matter by confirming, varying or quashing the decision of the director or by dismissing the appeal.

Reader's aid

72(5)       For provisions relating to the appeal board, see Part 9.

Court-ordered compliance

73(1)       If a person fails to comply with an order and the order has not been rescinded on a review or reversed on an appeal, the director may apply to the court for an order directing compliance. The application may be made without notice or with notice if required by the court.

Order

73(2)       The court may order compliance on any conditions that the court considers necessary and may make any other order it considers necessary to ensure compliance.

PART 8

ADMINISTRATIVE PENALTIES

Administrative penalty

74(1)       The director may impose an administrative penalty on a person who contravenes or fails to comply with an order or any other prescribed provision of this Act.

Amount of penalty

74(2)       The amount of the administrative penalty for each contravention or failure to comply is the prescribed amount, which must not exceed $5,000.

Notice

74(3)       To impose an administrative penalty, the director must issue a notice of administrative penalty setting out

(a) the name of the person required to pay the penalty;

(b) the order or provision that the person has contravened or failed to comply with;

(c) the amount of the penalty determined in accordance with the regulations;

(d) when and how the penalty must be paid; and

(e) a statement that the person may, within 14 days after being given the notice, request that the director reconsider the decision to impose the administrative penalty on one or more of the grounds set out in subsection 75(2).

Notice

74(4)       The notice of administrative penalty must be given to the person required to pay the penalty.

Request for reconsideration

75(1)       Within 14 days after being given the notice of administrative penalty, the person required to pay the penalty may request that the director reconsider the decision.

How to make request

75(2)       The person must make the request in writing and must set out one or more of the following grounds for reconsideration:

(a) the finding of contravention or non-compliance under subsection 74(1) was incorrect;

(b) the amount of the penalty was not determined in accordance with the regulations;

(c) the amount of the penalty is not justified in the public interest.

Stay of requirement to pay

75(3)       If the person requests a reconsideration, the requirement to pay the penalty is stayed until the director gives the person a copy of the decision under subsection (6).

Decision by the director

75(4)       After giving the person an opportunity to be heard (which need not be oral), the director must

(a) confirm the administrative penalty;

(b) subject to subsection (5), revoke the administrative penalty; or

(c) vary the amount of the penalty if the director believes that it was not determined in accordance with the regulations or is not justified in the public interest.

Revocation where new evidence is available

75(5)       The director may revoke the administrative penalty in respect of an order only if satisfied that new evidence has become available or has been discovered that

(a) is substantial or material to the decision to impose the administrative penalty; and

(b) did not exist at the time the decision to impose the administrative penalty was made under subsection 74(1) or did exist at that time but was not discovered and could not through the exercise of reasonable diligence have been discovered.

Notice of decision

75(6)       A copy of the director's decision must be given to the person who requested the reconsideration.

Appeal to court

76(1)       Within 30 days after being given the director's decision under subsection 75(6), the person required to pay the administrative penalty may appeal the decision by filing a notice of appeal with the court and serving a copy on the director.

Grounds for appeal

76(2)       The notice must set out one or more of the following grounds for appeal:

(a) that the decision to impose the administrative penalty was incorrect;

(b) that the amount of the penalty was not determined in accordance with the regulations;

(c) that the amount of the penalty is not justified in the public interest.

Director is party

76(3)       The director is a party to the appeal.

Decision of court

76(4)       After hearing the appeal, the court must consider the grounds of appeal and may confirm the director's decision, quash it or vary it in any manner that the court considers appropriate.

Payment

77(1)       Subject to the outcome of a reconsideration or an appeal, a person required to pay an administrative penalty must pay it within 30 days after the notice of the penalty is given under subsection 74(4).

Debt due to government

77(2)       The amount of the penalty is a debt due to the government if it is not paid

(a) within 30 days after notice of the penalty is given; or

(b) if the penalty is reconsidered or appealed, within 30 days after the decision is made on the reconsideration or appeal.

Certificate registered in court

77(3)       The director may certify a debt referred to in subsection (2) or any part of such a debt that has not been paid. The certificate may be registered in court and, once registered, may be enforced as if it were a judgment of the court.

No offence to be charged if penalty paid

77(4)       A person who pays an administrative penalty in respect of a contravention or failure to comply may not be charged with an offence respecting that contravention or failure unless it continues after the penalty is paid.

Public disclosure of administrative penalties

78          The director may issue public reports disclosing details of administrative penalties issued under this Act.

PART 9

TECHNICAL SAFETY APPEAL BOARD

Minister to appoint appeal board

79(1)       Within 30 days after an appeal notice is filed under subsection 47(2) or 72(2), the minister must appoint a Technical Safety Appeal Board and give it a copy of the notice.

Composition of appeal board

79(2)       An appeal board must consist of at least three but not more than five members who are knowledgeable on safety matters relating to regulated equipment or regulated work.

Advisory council members cannot sit on appeal board

79(3)       Despite subsection (2), a member of the advisory council, including a member of a committee, must not be appointed to an appeal board.

Remuneration and expenses

79(4)       The minister may approve the payment of remuneration and reimbursement for expenses to members of the appeal board.

Considerations of appeal board

80          When hearing an appeal, the appeal board must consider the maintenance and enhancement of public safety.

Appeal hearing

81          Unless an appeal is withdrawn, the parties otherwise agree, or the appeal is resolved in another way, the appeal board must hear an appeal as soon as practicable after receiving the appeal notice and in accordance with the regulations.

Appeal does not operate as a stay

82(1)       The commencement of an appeal does not operate as a stay or suspend the operation of the decision being appealed unless the appeal board orders that it does.

Application for stay may be made

82(2)       On application, the appeal board may, in writing, order that the decision being appealed is stayed for a period of time, or subject to conditions, or both.

Notice of decision and reasons

83(1)       The appeal board must give the appellant and the director notice of its decision under subsection 47(4) or 72(4), with written reasons.

Decision is final

83(2)       A decision of the appeal board is final and binding.

PART 10

TECHNICAL SAFETY ADVISORY

COUNCIL

Advisory council established

84(1)       The Technical Safety Advisory Council is hereby established.

Composition of advisory council

84(2)       The advisory council must be composed of at least seven individuals who are knowledgeable about safety matters relating to regulated equipment or regulated work, and who are appointed by the minister.

Chair of advisory council

84(3)       The minister must designate one member of the advisory council as the chair.

Duties of advisory council

85(1)       The advisory council may, at the minister's request,

(a) advise and make recommendations to the minister on matters related to this Act;

(b) advise and make recommendations to the minister about codes, standards, guidelines or procedures that may be established for the purpose of this Act; and

(c) establish one or more committees to deal with matters related to specific types of regulated equipment or regulated work and to advise and make recommendations to the advisory council about those matters.

Composition of committees

85(2)       A committee established by the advisory council must be composed of individuals who are knowledgeable on safety matters relating to that committee's mandate, and who are appointed by the minister. The minister must designate one member as the committee's chair.

Terms of reference

85(3)       The minister may establish terms of reference for the advisory council or a committee to follow.

Function is advisory only

85(4)       The function of the advisory council and any committee is advisory only.

Prohibited matters

85(5)       The advisory council or a committee must not consider or become involved in any other way in any matter respecting

(a) a specific permit, licence, certificate or variance issued under this Act; or

(b) any matter related to an order or specific enforcement, including the imposition of an administrative penalty, under this Act.

Powers

86          In carrying out its duties under this Part, the advisory council or a committee may, as it considers necessary or advisable,

(a) consult with any person who, in its opinion, has expertise or information relevant to its work; and

(b) with the prior approval of the minister, engage, on a temporary basis or for a specific purpose, any person who has technical or specialized knowledge of a matter that is related to its work.

Meetings of advisory council

87(1)       The advisory council is to meet at the call of its chair.

Meetings of committees

87(2)       A committee is to meet at the call of the committee's chair.

Remuneration and expenses

88          The minister may approve the payment of remuneration and reimbursement for expenses to members of the advisory council and its committees.

PART 11

GENERAL

Act does not affect other laws

89          Nothing in this Act affects the powers, duties, and obligations of any person or body in respect of any other enactment.

Compulsory certification designation does not apply

90          A person who is authorized by this Act to perform regulated work in respect of electrical products and electrical devices is not subject to section 26 of The Apprenticeship and Certification Act.

Presence of mark as evidence

91          The presence of a certification mark or third party approval mark is proof, in the absence of evidence to the contrary, that the regulated equipment meets the standard that is identified by the mark.

Certificate re permit or licence holders

92(1)       Any person may request a certificate signed by the director stating that, on a specified day or during a specified period,

(a) an installation or operating permit was or was not issued for a specific piece of regulated equipment; or

(b) a named person was or was not a holder of a regulated work licence.

Certificate admissible

92(2)       A certificate under subsection (1) is admissible in evidence in any proceeding as proof of the facts stated, unless the contrary is shown. Proof of the director's signature is not required.

Documentary and certificate evidence

92(3)       A copy of a document issued by the director, an inspector or another person authorized by this Act and certified by the person as a true copy is, without proof of that person's signature or authorization,

(a) evidence of that document; and

(b) evidence that the person issuing the document was authorized to do so.

Discretion whether to inspect

93          Except as otherwise provided by this Act, an inspector is not required to inspect

(a) regulated equipment for which an installation or operating permit was issued under this Act; or

(b) regulated work done by the holder of a regulated work licence or under an authorization certificate.

Liability protection

94(1)       No action or proceeding may be brought against the minister, the director, an inspector or any other person acting under the authority of this Act for anything done or omitted to be done, in good faith, in the exercise or intended exercise of a power or duty under this Act.

Certification by professionals

94(2)       In respect of carrying out the powers, duties and functions under this Act, the director or an inspector may rely on a certificate or approval of, or representation by, an engineer or other person with expertise respecting the regulated equipment or regulated work being certified, approved or represented. And if the director or an inspector relies on such a certificate, approval or representation, he or she is not liable for any injury, loss or damage arising from the negligence of the person giving the certificate or approval or making the representation.

No liability for regulated equipment

94(3)       Despite any permit or certificate being issued or not issued, any inspection being carried out or not carried out or any error or omission in any design or record that is approved, issued or given by the director, inspector or any other person acting under the authority of this Act, nothing in this Act makes the minister, the director, an inspector or any other person acting under the authority of this Act liable for any injury, loss, or damage caused to any person or property by reason of defects in any regulated equipment.

Annual report

95          For each fiscal year, the director must prepare and submit to the minister a report indicating

(a) the number of installation permits, operating permits, regulated work licences and authorization certificates issued, extended, renewed, suspended or cancelled;

(b) the number of approvals given under section 56 (approval for use of uncertified equipment);

(c) the number of qualification examinations conducted;

(d) the number of inspections carried out; and

(e) any other matters required by the minister.

Service

96(1)       A notice, order or other document under this Act is sufficiently given or served if it is

(a) delivered personally; or

(b) sent by registered mail, or by another service that provides the sender with proof of delivery, to the intended recipient at that person's last address appearing in the director's records.

Deemed receipt

96(2)       A notice, order or other document sent by registered mail or other service that provides proof of delivery is deemed to be given or served five days after the day it was sent.

PART 12

OFFENCES AND PENALTIES

Offences

97          A person who does any of the following commits an offence:

(a) contravenes a provision of this Act;

(b) contravenes a provision of the regulations, the contravention of which is stated in the regulations to be an offence;

(c) contravenes or fails to comply with an order;

(d) knowingly furnishes false information in

(i) an application or notice required to be submitted by this Act, or

(ii) a report required to be submitted by this Act.

Liability of corporate officers and directors

98          If a corporation commits an offence under this Act, a director or officer of the corporation who authorized, permitted or acquiesced in the commission of the offence is also guilty of an offence, whether or not the corporation has been prosecuted or convicted.

Separate offence for each day

99          When a contravention or failure to comply continues for more than one day, the person is guilty of a separate offence for each day the offence continues.

Time limit for prosecution

100         A prosecution under this Act may be commenced within two years after the day the alleged offence was committed.

Penalty for individuals

101(1)      An individual who is guilty of an offence under section 97 is liable on summary conviction

(a) for a first offence, to a fine of not more than $125,000 or imprisonment for a term not exceeding six months, or both; and

(b) for a second or subsequent offence, to a fine of not more than $250,000 or imprisonment for a term not exceeding six months, or both.

Penalty for corporations

101(2)      A corporation that is guilty of an offence under section 97 is liable on summary conviction

(a) for a first offence, to a fine of not more than $250,000; and

(b) for a second or subsequent offence, to a fine of not more than $500,000.

Convicted person still must comply with order

102         A conviction for the offence of failing to comply with an order does not relieve the person convicted from complying with the order, and the convicting judge may, in addition to imposing a fine, order the person to do any work or action to comply with the order in respect of which the person was convicted, within the time specified in the order.

PART 13

REGULATIONS

Regulations — adopting codes, standards, etc.

103(1)      The Lieutenant Governor in Council may make regulations

(a) establishing or adopting by reference, in whole or in part and with such changes as the Lieutenant Governor in Council considers necessary, any code, standard, guideline or procedure for regulated equipment or regulated work;

(b) requiring compliance with the code, standard, guideline or procedure.

Regulations — regulated equipment

103(2)      The Lieutenant Governor in Council may make regulations

(a) defining regulated equipment, including specifying parts of equipment to which this Act applies;

(b) prohibiting, regulating or controlling the use of regulated equipment, including

(i) requiring permits to install or alter regulated equipment,

(ii) requiring permits to operate regulated equipment,

(iii) governing the duties and responsibilities of permit holders,

(iv) imposing requirements on the transfer of operating permits,

(v) requiring the display of installation and operating permits,

(vi) imposing requirements on the use of regulated equipment,

(vii) regulating or prohibiting the sale or lease of regulated equipment, and

(viii) requiring the director to be notified when there is a change in ownership of regulated equipment;

(c) respecting the registration and approval of regulated equipment, including requiring registration and prohibiting the use of regulated equipment that is not registered or approved;

(d) respecting the registration and approval of designs, including requiring registration and prohibiting the use of designs that are not registered or approved;

(e) imposing requirements on the creation and alteration of designs for regulated equipment;

(f) respecting approval marks, including requiring regulated equipment to bear approval marks and prescribing how approval marks must be displayed.

Regulations — regulated work

103(3)      The Lieutenant Governor in Council may make regulations

(a) prescribing an activity to be regulated work;

(b) prohibiting, regulating or controlling regulated work, including

(i) requiring persons to obtain licences in order to perform regulated work,

(ii) governing the duties and responsibilities of licence holders,

(iii) requiring the display of regulated work licences,

(iv) respecting education and training requirements for persons who perform regulated work, and

(v) imposing conditions on those persons who perform regulated work for which no licence is required;

(c) respecting quality assurance programs and authorization certificates, including

(i) requiring persons to establish quality assurance programs,

(ii) prescribing requirements for quality assurance programs and authorization certificates, and

(iii) governing suspension and cancellation, including establishing the circumstances for suspension, cancellation or reinstatement;

(d) imposing requirements on gas utility companies and persons who supply liquified petroleum gas, including requiring inspections to be carried out by a company or person and regulating or controlling the supply for the purposes of the Act;

(e) respecting the establishment, registration or approval of pressure welding procedures and requiring pressure welders to weld in accordance with those established, registered or approved procedures.

Regulations — permits and licences

103(4)      The Lieutenant Governor in Council may make regulations respecting installation and operating permits and regulated work licences, including

(a) governing applications for their issuance and renewal and respecting eligibility and experience requirements for applicants and holders;

(b) governing eligibility and experience requirements for qualification examinations;

(c) governing the administration and review of examinations or authorizing a person or body to administer or review examinations and permitting reviews of examinations;

(d) imposing terms and conditions;

(e) prescribing the period of validity;

(f) respecting renewals;

(g) requiring security, including a bond, to be posted or insurance to be obtained or maintained by holders of permits or licences, and providing for the approval of the adequacy of insurance coverage;

(h) governing suspension and cancellation, including establishing the circumstances for suspension, cancellation or reinstatement.

Regulations — variances, inspections and appeals

103(5)      The Lieutenant Governor in Council may make regulations

(a) respecting variances;

(b) prescribing requirements for inspection programs established under section 66;

(c) respecting qualifications for inspectors;

(d) permitting the testing of regulated equipment by the director or an inspector;

(e) providing for the isolation of regulated equipment by means of seals or otherwise;

(f) respecting the posting or publication of orders and inspection reports;

(g) respecting the issuance of approval certificates after the inspection of regulated equipment or regulated work;

(h) recognizing a person or class of persons as an inspection agency for the purpose of this Act or any provision of it;

(i) recognizing a person or class of persons, a body, or an accredited organization as a certification organization or an approval agency;

(j) respecting the appeal board and procedures for appeals.

Regulations — other technical safety matters

103(6)      The Lieutenant Governor in Council may make regulations

(a) respecting duties and obligations imposed on owners, manufacturers, vendors and designers;

(b) prescribing dangerous incidents and classes of dangerous incidents to which this Act applies, and respecting the reporting of those incidents;

(c) governing the conduct and obligations of a person in the vicinity of regulated equipment or regulated work, and requiring a person to notify or obtain permission from a person in authority in respect of an intended activity in the vicinity of regulated equipment or regulated work, and requiring the person in authority to perform the duties necessary for the safe conduct of the intended activity;

(d) prohibiting a person from doing anything that is not in compliance with this Act;

(e) respecting the composition, structure, role and function of the advisory council and its committees.

Regulations — fees, penalties and records

103(7)      The Lieutenant Governor in Council may make regulations

(a) prescribing fees, costs and other amounts charged or payable in respect of this Act, or the manner of calculating them;

(b) requiring the payment, and permitting the waiver and refund, of fees, costs and other amounts;

(c) respecting administrative penalties for contraventions of this Act, including

(i) prescribing provisions of this Act for which a notice of administrative penalty may be issued,

(ii) prescribing the form and content of the notice of administrative penalty,

(iii) respecting the determination of amounts of administrative penalties, which may vary according to the nature or frequency of the contravention and whether the person in non-compliance is an individual or corporation, and

(iv) respecting any other matter necessary for the administration of the system of administrative penalties under this Act;

(d) respecting the records to be maintained by persons under this Act and the reports to be made and submitted under this Act to the director or an inspector, including the form and content of the records and the content of the reports and the manner in which they must be maintained, produced and delivered.

Regulations — exemptions and general matters

103(8)      The Lieutenant Governor in Council may make regulations

(a) exempting from the application of this Act or any provision of it the following:

(i) classes of regulated equipment,

(ii) persons or classes of persons who perform regulated work,

(iii) classes of activities or undertakings,

(iv) any classes of regulated equipment, persons or classes of persons who perform regulated work or classes of activities or undertakings that are within a specified municipality;

(b) imposing terms and conditions on exemptions under clause (a);

(c) respecting the contravention of a provision in a regulation that constitutes an offence subject to a penalty specified in section 101;

(d) defining any word or expression used but not defined in this Act;

(e) prescribing or specifying anything referred to in this Act as being prescribed or specified;

(f) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the purpose of this Act.

Application of regulations

104(1)      A regulation under this Part may be general or particular in its application.

Different requirements for different classes

104(2)      A regulation made under this Part may establish different classes of

(a) persons, premises, activities, equipment or work; and

(b) installation permits, operating permits, regulated work licences, approval marks or authorization certificates;

and may establish different qualifications and requirements for each class.

Incorporation of codes and standards

104(3)      A regulation under this Part may incorporate or adopt by reference, and with any changes that the Lieutenant Governor in Council considers appropriate, all or part of a code, standard, guideline or procedure, as amended before or after the making of the regulation and relating to the subject matter of this Act, whether it is promulgated by any governmental authority or by any association or other body of persons.

Rolling incorporation of codes and standards

104(4)      If a regulation under this Part so provides, a code, standard, guideline or procedure adopted by reference is a reference to it, as amended from time to time, whether before or after the regulation is made.

Statutes and Regulations Act does not apply

105         To avoid doubt, The Statutes and Regulations Act does not apply to a variance, information bulletin or order issued, or a temporary use authorized, under this Act.

PART 14

TRANSITIONAL PROVISIONS AND

CONSEQUENTIAL AMENDMENTS

TRANSITIONAL PROVISIONS

Definition

106(1)      In this Part, "equipment-specific Act" means the following:

(a) The Electricians' Licence Act;

(b) The Elevator Act;

(c) The Gas and Oil Burner Act;

(d) The Power Engineers Act;

(e) The Steam and Pressure Plants Act;

(f) Part II of The Amusements Act.

Transitional regulations

106(2)      The Lieutenant Governor in Council may make regulations

(a) respecting anything required to deal with the transition to regulating equipment referred to in subsection 2(1) and work referred to in section 3 under this Act from regulating either or both of them under an equipment-specific Act, including regulations respecting

(i) the continuance or transition of licensing or registration under an equipment-specific Act to permitting or licensing under this Act,

(ii) the continuance or transition to this Act of permits, licences or certificates issued under an equipment-specific Act,

(iii) the continuance of complaints, investigations or proceedings commenced under an equipment-specific Act, and the application of this Act, with necessary changes, to those complaints, investigations or proceedings,

(iv) exempting classes of persons from the application of this Act or any provision of it during the period of transition,

(v) specifying the date on which this Act is to apply to equipment or work previously regulated under an equipment-specific Act, and

(vi) the interpretation of any transitional provision of this Act;

(b) to remedy any difficulty, inconsistency or impossibility resulting from the transition to this Act from regulating equipment or work under an equipment-specific Act.

Scope

106(3)      A regulation may be general or particular in its application and may apply to one or more classes of equipment, work, premises or persons.

Non-application

107(1)      A provision listed in subsection (2) does not apply to a person who is using equipment or is authorized to perform work under an equipment-specific Act until such time as the equipment-specific Act is repealed, as long as

(a) the person is using that equipment or performing that work under the authority of the applicable equipment-specific Act; and

(b) the person complies with the requirements under the equipment-specific Act and any terms and conditions imposed on the person's use of that equipment or the person's authorization to perform that work.

Prohibitions

107(2)      The following provisions are listed for the purpose of subsection (1):

(a) section 6 (no unsafe use of equipment);

(b) subsection 9(1) (no installation without permit);

(c) subsection 9(2) (no operation without permit);

(d) section 10 (no use without approval mark);

(e) section 12 (no regulated work contrary to Act);

(f) section 13 (no regulated work without licence).

No effect on application or operation of equipment-specific Act

107(3)      For greater certainty, this section does not affect the application or operation of an equipment-specific Act in respect of

(a) equipment that is registered or permitted under an equipment-specific Act; or

(b) a person who holds a registration, licence or permit under an equipment-specific Act.

CONSEQUENTIAL AMENDMENTS

Consequential amendments, C.C.S.M. c. A70

108(1)      On the repeal of Part II of The Amusements Act, that Act is amended by this section.

108(2)      Section 1 is amended by repealing the definitions "amusement park", "amusement ride" and "place of amusement".

108(3)      Section 1 is further amended by replacing the definition "minister" with the following:

"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act. (« ministre »)

108(4)      Section 60 is renumbered as subsection 60(1) and the following is added as subsection 60(2):

Meaning of "place of amusement"

60(2)       In subsection (1), "place of amusement" has the same meaning as in section 329 of The Municipal Act.

Consequential amendments, C.C.S.M. c. E120

109(1)      The Engineering and Geoscientific Professions Act is amended by this section.

109(2)      On the repeal of The Electricians' Licence Act, clause 66(1)(j) is amended by striking out "an electrician licensed under The Electricians' Licence Act from carrying on the trade of electrician," and substituting "an electrician licensed under The Technical Safety Act from carrying on the trade of electrician,".

109(3)      On the repeal of The Power Engineers Act, clause 66(1)(j) is amended by striking out "a power engineer to whom a certificate has been issued under The Power Engineers Act from carrying on the trade of a power engineer, or" and substituting "a power engineer licensed under The Technical Safety Act from carrying on the trade of power engineer, or".

Consequential amendment, C.C.S.M. c. H190

110         On the repeal of The Electricians' Licence Act, subsection 25(4) of The Manitoba Hydro Act is amended by striking out "as a journeyman under The Electricians' Licence Act" and substituting "under The Technical Safety Act to perform regulated work in respect of electrical products and electrical devices".

Consequential amendment, S.M. 2002, c. 39

111         On the repeal of The Electricians' Licence Act, section 155 of The City of Winnipeg Charter is replaced with the following:

Certain electrical inspections

155(1)      Without limiting the generality of clause 150(d) (inspection of construction), council may pass by-laws permitting electrical inspections of one- or two-family dwellings, row housing and related buildings and equipment to be made by designated employees who have qualifications acceptable to the city.

Application

155(2)      A by-law under subsection (1) applies despite any provision of The Technical Safety Act, The Manitoba Hydro Act or a regulation under either of those Acts respecting the qualifications of inspectors who carry out inspections of electrical products, electrical devices, electric wiring or related facilities.

PART 15

REPEAL, C.C.S.M. REFERENCE

AND COMING INTO FORCE

Repeal

112         The following are repealed on a day to be fixed by proclamation:

(a) The Electricians' Licence Act;

(b) The Elevator Act;

(c) The Gas and Oil Burner Act;

(d) The Power Engineers Act;

(e) The Steam and Pressure Plants Act;

(f) Part II of The Amusements Act.

C.C.S.M. reference

113         This Act may be referred to as chapter T35 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

114         This Act comes into force on a day to be fixed by proclamation.

Explanatory Note

This Bill modernizes how equipment, such as elevators, boilers, refrigeration systems, amusement rides, fuel systems and electrical devices, and work performed on that equipment is regulated.

At present, there are six equipment-specific statutes. This Bill replaces them with one umbrella Act. Each equipment-specific statute will be repealed, and that type of equipment will be regulated under this Act and an equipment-specific regulation.

This Bill imposes requirements on owners, operators, manufacturers, vendors and designers for the technical safety of equipment and work performed on it. (Part 2)

By equipment-specific regulation, the following may be required:

  • permits for equipment to be installed, altered or operated;
  • licences to perform work on equipment;
  • quality assurance programs for work;
  • approval marks for equipment;
  • compliance with codes and standards adopted by regulation.

Variations from the requirements set out by regulation may be allowed in specific circumstances. (Parts 3, 4 and 13)

A director of technical safety will be appointed. Compliance and enforcement measures in this Bill will include the ability to carry out inspections, issue orders, impose administrative penalties and prosecute contraventions. (Parts 5 to 8 and 12)

Appeals from decisions about permits, licences, certificates and orders may be heard by the Technical Safety Appeal Board. (Part 9)

An advisory council will be established to give advice and recommendations to the minister about technical safety. (Part 10)

A comprehensive set of Cabinet regulation-making powers is provided. (Part 13)

This Bill also deals with the transition from regulating equipment under equipment-specific statutes to regulating them under The Technical Safety Act. (Part 14)

Consequential amendments are made to The Amusements Act, The Engineering and Geoscientific Professions Act, The Manitoba Hydro Act and The City of Winnipeg Charter. (Part 14)