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
Section |
Table of Contents |
PART 1 | |
INTRODUCTORY PROVISIONS | |
1(1) | Definitions |
(2) | Reference to "Act" includes regulations |
APPLICATION | |
2(1) | Act applies to equipment |
(2) | Act may apply to parts of equipment only |
3 | Act applies to work on equipment |
4(1) | Crown bound |
(2) | Manitoba Hydro activities exempt |
(3) | Manitoba Hydro employees exempt |
PURPOSE | |
5 | Purpose |
PART 2 | |
PROHIBITIONS AND OBLIGATIONS | |
6 | No unsafe use of equipment |
7 | No use of equipment believed to be unsafe |
8 | No creating unsafe conditions |
9(1) | No installation without permit |
(2) | No operation without permit |
10 | No use without approval mark |
11(1) | No use in contravention of order |
(2) | No work in contravention of order |
12 | No regulated work contrary to the Act |
13 | No regulated work without licence |
14 | No regulated work without authorization certificate |
15 | No employing persons without licence or other authorization |
16 | Owner's duties |
17 | Manufacturer's duty to ensure requirements met |
18 | No selling, leasing, etc., where risk |
19 | No selling, leasing, etc., of prohibited equipment |
20 | No selling, leasing, etc., by vendor |
21 | Vendor must provide required warnings or instructions |
22 | No tampering with approval marks |
23 | No falsifying permits, licences, etc. |
24 | No proceeding with or concealing work |
25(1) | Duty to report technical safety risk |
(2) | Duty to report dangerous incident |
(3) | No retaliation |
26 | No site disturbance |
27 | No condoning activities |
PART 3 | |
PERMITS, LICENCES AND | |
AUTHORIZATION CERTIFICATES | |
INSTALLATION AND OPERATING PERMITS | |
28(1) | Installation permit required |
(2) | Operating permit required |
29(1) | Director may issue permits |
(2) | Person entitled to permit |
30 | Installation permit conditions |
31 | Operating permit conditions |
32 | Terms and conditions may be imposed by regulation or director |
33 | No contravening terms or conditions |
34(1) | Installation permit not transferable |
(2) | Operating permit may be transferable |
35(1) | Extending installation permit |
(2) | Renewing operating permit |
REGULATED WORK LICENCES | |
36 | Regulated work licence required |
37(1) | Director may issue regulated work licences |
(2) | Person entitled to regulated work licence |
38 | Conditions on regulated work licence |
39 | Terms and conditions may be imposed by regulation or director |
40 | Regulated work licence not transferable |
41 | No work outside scope of licence |
42 | No contravening terms or conditions |
43 | Renewal |
AUTHORIZATION CERTIFICATES | |
44(1) | Who must have quality assurance program |
(2) | Documents and fee to be provided to the director |
(3) | Director may issue authorization certificate |
(4) | Person entitled to authorization certificate |
(5) | Duty to comply with quality assurance program |
(6) | Reports to be provided to director |
(7) | No changes to quality assurance program without notice |
DECISIONS, RECONSIDERATIONS AND APPEALS | |
45(1) | Director may suspend, cancel or refuse to renew permits, licences and certificates |
(2) | Notice of decision |
(3) | When suspension or cancellation becomes effective |
46(1) | Request for reconsideration |
(2) | Form of request |
(3) | Stay of decision |
(4) | Decision on reconsideration |
47(1) | Appeal |
(2) | How to appeal |
(3) | Director is party to appeal |
(4) | Appeal board's decision |
(5) | Reader's aid |
48 | No reconsideration or appeal |
PART 4 | |
VARIANCES AND APPROVALS | |
VARIANCES | |
49(1) | Application for variance |
(2) | Issuing variance |
(3) | Terms and conditions |
(4) | Form |
50(1) | Duty to comply with variance |
(2) | Effect of compliance |
(3) | Other requirements still apply |
51 | Suspension or cancellation |
52 | Effective period of variance |
TEMPORARY USES | |
53(1) | Authorizing temporary use |
(2) | Application |
(3) | Terms and conditions |
(4) | Effective period |
(5) | Director may rescind temporary use |
54(1) | Compliance |
(2) | Other requirements still apply |
HIGHER STANDARDS | |
55(1) | Compliance with higher standards |
(2) | Director to give copy of order |
(3) | Reconsideration and appeal |
APPROVALS FOR USE OF UNCERTIFIED EQUIPMENT | |
56(1) | Approval by director |
(2) | Notice requirements |
PART 5 | |
DIRECTOR OF TECHNICAL SAFETY | |
57 | Appointment of director of technical safety |
58 | Delegation |
59(1) | Examining qualifications |
(2) | Delegating examination functions |
(3) | Qualifications and training for permit holders or where no licence required |
60(1) | Information bulletins |
(2) | Scope |
(3) | Director to publish information bulletins |
(4) | Conflict |
61 | Forms |
62 | Injunction |
63(1) | Inquiry |
(2) | Inquiry powers |
PART 6 | |
INSPECTIONS | |
INSPECTORS | |
64(1) | Appointment of inspectors |
(2) | Designation |
(3) | Director has inspection powers |
INSPECTION POWERS | |
65(1) | General inspection powers |
(2) | Removing records to make copies |
(3) | Assistance |
(4) | Authority to enter private dwelling |
(5) | Warrant to enter and inspect private dwelling |
(6) | Application without notice |
(7) | Assistance |
(8) | Identification to be shown |
(9) | Producing regulated work licence |
INSPECTION PROGRAMS | |
66(1) | Inspection programs |
(2) | Geographical restrictions, frequency of inspections |
(3) | Requirements may be prescribed |
(4) | Inspection fee |
(5) | Other inspections |
PROHIBITION | |
67 | Obstruction |
INSPECTIONS BY GAS UTILITIES | |
68(1) | Inspections and reporting by gas utility companies |
(2) | Meaning of "gas utility" |
PART 7 | |
ORDERS | |
69(1) | Order by inspector |
(2) | To whom order may be directed |
(3) | Requirements of order |
(4) | Examples of specified actions |
(5) | Oral order |
(6) | Inspector must give copy of order |
(7) | Immediate effect |
(8) | Oral order effective |
70(1) | Compliance |
(2) | No start or reconnection except as provided by order or inspector |
71(1) | Right to request a review |
(2) | Written response |
(3) | Deadline |
(4) | Suspending the order |
(5) | Director's decision |
(6) | Decision and written reasons |
72(1) | Appeal |
(2) | How to appeal |
(3) | Director is party to appeal |
(4) | Appeal board's decision |
(5) | Reader's aid |
73(1) | Court-ordered compliance |
(2) | Order |
PART 8 | |
ADMINISTRATIVE PENALTIES | |
74(1) | Administrative penalty |
(2) | Amount of penalty |
(3) | Notice |
(4) | Notice |
75(1) | Request for reconsideration |
(2) | How to make request |
(3) | Stay of requirement to pay |
(4) | Decision by the director |
(5) | Revocation where new evidence is available |
(6) | Notice of decision |
76(1) | Appeal to court |
(2) | Grounds for appeal |
(3) | Director is party |
(4) | Decision of court |
77(1) | Payment |
(2) | Debt due to government |
(3) | Certificate registered in court |
(4) | No offence to be charged if penalty paid |
78 | Public disclosure of administrative penalties |
PART 9 | |
TECHNICAL SAFETY APPEAL BOARD | |
79(1) | Minister to appoint appeal board |
(2) | Composition of appeal board |
(3) | Advisory council members cannot sit on appeal board |
(4) | Remuneration and expenses |
80 | Considerations of appeal board |
81 | Appeal hearing |
82(1) | Appeal does not operate as a stay |
(2) | Application for stay may be made |
83(1) | Notice of decision and reasons |
(2) | Decision is final |
PART 10 | |
TECHNICAL SAFETY ADVISORY | |
COUNCIL | |
84(1) | Advisory council established |
(2) | Composition of advisory council |
(3) | Chair of advisory council |
85(1) | Duties of advisory council |
(2) | Composition of committees |
(3) | Terms of reference |
(4) | Function is advisory only |
(5) | Prohibited matters |
86 | Powers |
87(1) | Meetings of advisory council |
(2) | Meetings of committees |
88 | Remuneration and expenses |
PART 11 | |
GENERAL | |
89 | Act does not affect other laws |
90 | Compulsory certification designation does not apply |
91 | Presence of mark as evidence |
92(1) | Certificate re permit or licence holders |
(2) | Certificate admissible |
(3) | Documentary and certificate evidence |
93 | Discretion whether to inspect |
94(1) | Liability protection |
(2) | Certification by professionals |
(3) | No liability for regulated equipment |
95 | Annual report |
96(1) | Service |
(2) | Deemed receipt |
PART 12 | |
OFFENCES AND PENALTIES | |
97 | Offences |
98 | Liability of corporate officers and directors |
99 | Separate offence for each day |
100 | Time limit for prosecution |
101(1) | Penalty for individuals |
(2) | Penalty for corporations |
102 | Convicted person still must comply with order |
PART 13 | |
REGULATIONS | |
103(1) | Regulations — adopting codes, standards, etc. |
(2) | Regulations — regulated equipment |
(3) | Regulations — regulated work |
(4) | Regulations — permits and licences |
(5) | Regulations — variances, inspections and appeals |
(6) | Regulations — other technical safety matters |
(7) | Regulations — fees, penalties and records |
(8) | Regulations — exemptions and general matters |
104(1) | Application of regulations |
(2) | Different requirements for different classes |
(3) | Incorporation of codes and standards |
(4) | Rolling incorporation of codes and standards |
105 | Statutes and Regulations Act does not apply |
PART 14 | |
TRANSITIONAL PROVISIONS AND | |
CONSEQUENTIAL AMENDMENTS | |
TRANSITIONAL PROVISIONS | |
106(1) | Definition |
(2) | Transitional regulations |
(3) | Scope |
107(1) | Non-application |
(2) | Prohibitions |
(3) | No effect on application or operation of equipment-specific Act |
CONSEQUENTIAL AMENDMENTS | |
108(1) | Consequential amendments, C.C.S.M. c. A70 |
(2) | |
(3) | |
(4) | |
(2) | Meaning of "place of amusement" |
109(1) | Consequential amendments, C.C.S.M. c. E120 |
(2) | |
(3) | |
110 | Consequential amendment, C.C.S.M. c. H190 |
111 | Consequential amendment, S.M. 2002, c. 39 |
155(1) | Certain electrical inspections |
(2) | Application |
PART 15 | |
REPEAL, C.C.S.M. REFERENCE | |
AND COMING INTO FORCE | |
112 | Repeal |
113 | C.C.S.M. reference |
114 | Coming into force |