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S.M. 2015, c. 17
Bill 69, 4th Session, 40th Legislature
The Technical Safety Act
| 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 | |