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The Gas and Oil Burner Act
This is an unofficial version.
If you need an official copy, use the bilingual (PDF) version.

This version is current as of August 17, 2017.
It has been in effect since July 6, 2001.

Note: Earlier consolidated versions are not available online.


 

C.C.S.M. c. G30

THE GAS AND OIL BURNER ACT

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

Definitions

1           In this Act,

"designated article" means any thing to which subsection 2(1) applies; (« article désigné »)

"gas" includes liquefied petroleum; (« gaz »)

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

S.M. 2001, c. 43, s. 43.

Sale and use, etc., of certain equipment

2(1)        No person shall sell, offer for sale, install, or purchase, or, on or in any building or premises occupied, operated, or controlled by him, use or permit to be used

(a) any device that utilizes oil or gas for fuel for the production of heat including, without restricting the generality of the foregoing, a furnace, stove, or other device for heating or cooking; or

(b) any tank or container used for the carriage or storage of oil or gas and designed to be attached to a device to which clause (a) applies;

unless the design and construction thereof has been approved as prescribed in the regulations.

Application of subsection (1)

2(2)        Subsection (1) does not apply to

(a) an internal combustion engine;

(b) the storage tanks or gasometers used in connection with a gas distribution system that, on the coming into force of this Act, is in operation in any city; or

(c) an oil pipeline used for the transportation of oil to an oil refinery or the storage tanks used in connection with an oil refinery.

Compliance with minimum standards

2(3)        No person shall keep, store, distribute, deliver or dispose of any liquefied petroleum unless the design and construction of every tank, container or other device and place used for keeping, storing, transferring, carrying, or disposal of liquefied petroleum complies with the minimum standards prescribed by the regulations.

Licences and permits

3(1)        No person shall install in any building or premises any designated article unless

(a) he holds a valid and subsisting licence issued by the minister authorizing him to install designated articles; and

(b) a permit for that installation has been issued as provided herein.

Application of subsection (1)

3(2)        Subsection (1) does not apply to such small or portable appliances, not requiring the services of a qualified person for their installation, as may be specified in the regulations.

Appointment of boards of examiners

4(1)        The Lieutenant Governor in Council may appoint boards of examiners for the examination of persons applying for licences to install and service oil-burning equipment or gas-burning equipment, or both.

Membership of boards

4(2)        A board appointed under subsection (1) shall consist of such number of persons as may be determined by the Lieutenant Governor in Council; but each board shall consist of a chairman, who may be a person in the employment of the government, and a number of persons representative of the employer viewpoint and an equal number of persons representative of the employee viewpoint.

Terms of office and duties

4(3)        The members of a board shall hold office for such terms, and shall discharge such duties, as may be prescribed by the Lieutenant Governor in Council.

Remuneration

4(4)        The members of a board appointed under this section, other than a member who is an employee of the government, shall be paid such remuneration for their services as may be fixed by the Lieutenant Governor in Council; and the members shall be repaid their reasonable out-of-pocket expenses incurred in discharging their duties in an amount approved by the Minister of Finance.

Regulations

5(1)        For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make such regulations and orders as are ancillary thereto and are not inconsistent therewith; and every regulation or order made pursuant to, and in accordance with, the authority granted by this section shall have the force of law; and, without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations and orders respecting

(a) the approval, and the imposition of conditions with regard to the design, registration of design, construction, inspection, inspection during construction, identification, testing, installation, service requirements, operation, maintenance, repair, and alteration, of any designated article;

(b) governing the classification of any designated article;

(c) specifying the equipment that must be operated or used with a designated article;

(d) adopting and constituting as regulations with respect to any matter mentioned in clauses (a), (b), or (c)

(i) any relevant codes, rules, or standards, or

(ii) any such codes, rules or standards with the exception of any specified provisions thereof, or

(iii) any specified provisions of any such codes, rules, or standards, or

(iv) any amendments to any such codes, rules, or standards, with or without modification,

either in place of, or in addition to, any regulation made under clauses (a), (b), and (c), or any of them;

(e) the issue of licences under this Act;

(f) the issue of permits for the purpose mentioned in subsection 3(1);

(g) fees to be paid for any licence or permit issued under this Act;

(h) any of the matters mentioned in subsection 2(3) and in connection therewith for adopting and constituting as regulations all or any part of any relevant codes, rules or standards or any amendments to such codes, rules or standards, with or without modification.

Issue of permits by municipality

5(2)        The minister may authorize any municipality to issue permits for the installation of designated articles by the holder of a licence issued by the minister under subsection (1).

Offence and penalty

6           Any person who contravenes, or neglects, refuses, omits, or fails to observe, any provision of this Act or of the regulations is guilty of an offence and is liable, on summary conviction, to a fine, if an individual, of not more than $100., and if a corporation, of not more than $300.; and each day on which the offence continues constitutes a separate offence.