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3rd Session, 40th Legislature

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Bill 69

THE TECHNICAL SAFETY ACT



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