as enacted by SM 1987-88, c. 9 on July 17, 1987.
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R.S.M. 1987, c. E50
The Electricians' Licence Act
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"apprentice" means a person who is registered as an apprentice in the electrician trade under The Apprenticeship and Trades Qualifications Act or the regulations made thereunder; ("apprenti")
"board" means the board of examiners appointed as herein provided; ("Commission")
"department" means The Department of Labour; ("ministère")
"electrical equipment" means any apparatus, appliance, device, instrument, fitting, fixture, machinery, material or thing used in or for, or capable of being used in or for, the generation, transformation, transmission, distribution, supply or utilization of electric power or energy, and, without restricting the generality of the foregoing, includes any assemblage or combination of materials or things that is used, or is capable of being used or adapted, to serve or perform any particular purpose or function when connected to an electrical installation, notwithstanding that the material or things may be mechanical, metallic or non-electric in origin; ("matériel électrique")
"electrical work" means work in connection with the placing, installing, maintaining, repairing, replacing, or removing of any electrical equipment, and includes such work done on conduits of any description designed or used for the purpose of enclosing or carrying electrical conductors independent of the characteristics of the current, and on any conductors or electrical equipment designed or used for the purpose of supplying any electrical service or for any purpose in connection with such electrical service; ("travaux électriques")
"helper" means a person, other than an apprentice, who is employed to assist the holder of a licence to do electrical work, but does not include a person who does unskilled labouring work only; ("aide")
"inspector" means a person appointed as an inspector or officer under this Act; ("inspecteur")
"journeyman" means a person who holds a valid and subsisting journeyman electrician's licence issued under this Act; ("compagnon électricien")
"licence" means a licence issued under this Act and authorizing the holder to do electrical work of the type, and within the limitations, specified therein; ("permis")
"minister" means the Minister of Labour; ("ministre")
"permit" means a permit issued under section 7. ("licence")
Subject to The Manitoba Hydro Act and to subsections (2) and (3), this Act applies to all persons who engage in doing any electrical work in the province whether for their own use or for use of others and also applies to all persons engaged in the sale or offering for sale of electrical equipment.
This Act does not apply to employees of public service corporations or a department of a municipality responsible for the generation or distribution of electricity who do electrical work only under the supervision of officers of the corporation or department
(a) within a plant, sub-station or other place where electricity is generated, transformed, or distributed by the corporation or department;
(b) upon a part of the system of distribution of the corporation or department or upon any electrical equipment owned by the corporation or department notwithstanding that it may be situated in or on the premises of a user of electricity; or
(c) of an emergency or special nature including the testing and clearing of all or a part of the circuits on the premises of a user of electricity.
Subject to subsection (4), this Act does not apply to persons who
(a) do not hold themselves out to the public as being electricians or engaged in the trade of an electrician;
(b) are primarily engaged in other occupations; and
(c) do electrical work only in servicing or repairing radio and television equipment and electrical appliances of a rating not exceeding 1,500 watts or such other wattage as may be prescribed in the regulations as a service for residents of communities outside a city, or any municipality, the council of which has not passed a by-law under subsection (4).
A municipality may pass a by-law providing that the exemption from application of this Act contained in subsection (3) does not apply in the municipality.
This Act does not apply to electrical work on public transit vehicles, or on railway cars or locomotives that are the property of municipalities or of public service corporations, and where the work is installed by employees under the direction of officers of the municipalities or public service corporations.
Nothing in this Act applies to the insertion of tubes or incandescent lamps in sockets or receptacles, or the replacement of such lamps, the carboning, trimming, or operation, of arc lamps, the lawful connection of utilization equipment to supply circuits by means of attachment plugs or the use or operation thereof, or the lawful replacement of fuses controlling circuits or equipment.
No person shall perform electrical work unless
(a) he is the holder of a valid subsisting licence or permit authorizing him to do the work; or
(b) he is doing the work as an apprentice or helper of, and under the direct personal supervision of, and in the presence of, a person who holds a licence authorizing him to do that work and who is continuously employed on the same contract or job.
Before a licence is issued to any person, he shall pass an examination prescribed by the board and fulfil all the requirements set out in this Act or the regulations.
Subject to the regulations, the minister may, upon payment of the fee prescribed therefor in the regulations, issue
(a) a master electrician's licence to an applicant therefor who has
(i) held a valid subsisting journeyman electrician's licence for at least two years preceding his application; and
(ii) passed the examination prescribed by the board on electrical design and lay-out;
authorizing the licensee to do any electrical work;
(b) a journeyman electrician's licence to an applicant therefor authorizing the licensee to do electrical work on, or in connection with, any buildings and electrical installations;
(c) a limited construction electrician's licence to an applicant therefor authorizing the licensee to do electrical work only on, or in connection with, farm buildings, one-family and two-family residences, and small commercial premises;
(d) a limited maintenance electrician's licence to an applicant therefor authorizing the licensee to do electrical work only on maintenance or repair of existing electrical installations on premises in which the licensee is regularly employed, but not including an extension of, or addition to, such installations;
(e) a limited appliance repair electrician's licence to an applicant therefor authorizing the licensee to do electrical work only in repair of electrical appliances and electrical equipment other than radio and television equipment;
(f) a limited specialized trade electrician's licence to an applicant therefor who is regularly employed in a trade other than the electrical trade, authorizing the licensee to do electrical work only with respect to installations directly associated with that other trade;
(g) an electronic equipment serviceman's licence to an applicant therefor authorizing the licensee to do electrical work only of that type specified in the licence with respect to radio equipment or television equipment or both; and
(h) a journeyman electrician's temporary licence to an applicant therefor who has a valid subsisting licence issued by a recognized licensing authority outside the province of equivalent or higher standing than a journeyman electrician's licence issued under this Act, authorizing the licensee to do electrical work of the type specified in the licence on a specified project or contract.
The Lieutenant Governor in Council may appoint a board of examiners consisting of not less than six members.
Of the members of the board
(a) two members, one of whom shall be appointed as chairman and the other as vice-chairman, shall be officers of the department;
(b) one member shall be a person recommended by Manitoba Hydro;
(c) one member shall be a person recommended by the council of The City of Winnipeg; and
(d) two members shall be so selected that one of them represents the views of employees and one of them represents the views of employers.
Unless he sooner resigns or is removed from office and unless a shorter term is fixed by the Lieutenant Governor in Council, each member of the board shall hold office for three years from the date of his appointment and thereafter until his successor is appointed; but on the expiration of his term of office any member may be re-appointed for a further term.
Where a member of the board ceases to be a member prior to the expiration of his term of office, any person appointed to fill the vacancy so created, unless he sooner resigns or is removed from office and unless a shorter term is fixed by Lieutenant Governor in Council, shall hold office for the remainder of the term of office of the person in whose place he is appointed, and thereafter until his successor is appointed.
Four members of the board shall be a quorum.
Each member of the board, including the chairman, has a vote on any matter with which the board deals; and in the event of a tie the chairman has an additional casting vote.
Each member of the board shall be a person who is conversant in a practical degree with the qualifications necessary to be held by a person holding any type of licence issued under this Act.
Subject to the regulations, and to the approval of the Lieutenant Governor in Council, the board shall prescribe the subjects in which each candidate for a licence shall be examined, and shall conduct, provide for, and supervise the examinations of candidates or make suitable arrangements for the holding and supervision of such examinations, and report thereon to the minister.
The board may delegate to any suitable person appointed by it authority to conduct and supervise an examination to which reference is made in subsection (8).
Subject to the approval of the minister, the board may establish a committee to study and make recommendations upon any part of their work or any branch of electrical work, and the minister shall appoint the chairman of the committee.
The minister may in his discretion and subject to the regulations, issue to any person who applies therefor and pays the prescribed fee, if any, a permit in a form prescribed in the regulations to install, repair, alter, or replace electrical wiring, conduits, apparatus, or fixtures or other electrical material or appliances specified in the permit subject to the conditions set forth in subsection (2) and in the permit.
A permittee shall not, under the authority of a permit, do anything to which subsection (1) refers except on premises of which he is the owner or, with the owner's approval, on premises of which he is the lessee, tenant, or occupant, and in compliance with the regulations and the conditions, if any, to which the permit is subject; and he shall not do anything other than as specified in the permit.
On completion of the installation, repair, alteration, or replacement, of anything by him under the authority of a permit, the permittee shall forthwith notify the minister of the completion thereof, and the minister, in his absolute discretion, may cause the work to be inspected by an inspector; but no such work shall be covered in, closed up, or concealed, until the minister has caused it to be inspected or authorized it to be covered in, closed up or concealed.
Where the installation, repair, alteration, or replacement, of anything under the authority of a permit is found to be properly and safely completed, the inspector may issue a certificate of approval thereof in the form prescribed in the regulations.
The minister may delegate to any municipality the authority
(a) to issue permits for the purpose mentioned in subsection 7(1);
(b) to appoint inspectors with power to inspect electrical wiring, conduits, apparatus, or fixtures, or other electrical material or appliances installed, repaired, altered, or replaced, under the authority of a permit or by the holder of a licence, and to issue, in the prescribed form, certificates of approval in respect thereof.
The council of a municipality to which authority to appoint inspectors has been delegated under this Act, or The Manitoba Hydro Act, may pass a by-law excluding the municipality from the application of section 7; and while the by-law is in effect, the minister shall not issue a permit under section 7 authorizing any electrical work to be done in the municipality.
Inspectors and such other officers as may be required to carry out this Act may be appointed as provided in The Civil Service Act.
No person shall be appointed an inspector under this Act unless he holds a licence other than a limited licence under this Act and, in the opinion of the minister, has had the practical experience necessary to qualify him for the position.
Nothing herein impairs the powers or authority given to an inspector appointed under The Department of Labour Act.
The Lieutenant Governor in Council may make regulations for
(a) the examination of candidates' licences and the evidence as to previous experience to be furnished by each such candidate;
(b) the issue of licences and permits;
(c) prescribing the limitations and conditions to which any class of licence is subject;
(d) determining time and duration of licences or permits and their renewals;
(e) fixing the fee, if any, to be paid for licences or permits, and examinations;
(f) prescribing causes for which a licence or permit may be revoked, cancelled, or suspended;
(g) defining the duties of inspectors, and making rules governing their operations;
(h) fixing the salaries or other remuneration to be paid to the examiners and inspectors so appointed;
(i) the establishment of standards governing the construction, installation, maintenance, repair, or replacement, of any electrical equipment or work to which this Act applies;
(j) the inspection of electrical equipment and the fixing of fees to be paid for the inspection, in cases where the inspection is not made by a qualified electrical inspector employed by either Manitoba Hydro or the municipality concerned;
(k) prescribing the conditions, if any, subject to which a permit may be issued, the nature of the work that may be done under the authority thereof, and the place or premises in or on which the wiring, conduits, apparatus, fixtures, material, or appliances may be installed, repaired, altered, or replaced;
(l) prescribing the form of licences, permits, and certificates of approval.
Upon it being established, to the satisfaction of the minister, that any of the prescribed causes for which a licence or permit may be revoked, cancelled, or suspended exists, he may revoke, cancel, or suspend, the licence or permit accordingly.
Any person in the province desiring to secure employment as a journeyman, shall apply for examination, as provided under clause 11(a), and, after he passes the examination and pays the prescribed fees, a licence shall be issued to him under this Act.
The possession of a first-class or second-class certificate issued under The Power Engineers Act, or of any other certificate that may be issued under that Act, of a grade not lower than first-class or second-class certificate, entitles the holder of the certificate to do electrical work only in the maintenance and repair of existing electrical equipment in or upon the premises where he is employed as an operating engineer but not elsewhere; and possession of a third class operating engineer's certificate issued under that Act
(a) that was issued prior to July 1, 1962; or
(b) that was issued on or after that date and that is not endorsed with a limitation prohibiting the holder thereof from doing such work;
entitles the holder thereof to do similar work.
In the case of industries in which workmen are engaged in repair or maintenance of electrical equipment, solely in or upon the premises in or upon which those industries are carried on, any such workman shall be issued a special licence to do such work in or upon those premises, upon demonstrating to the satisfaction of the board of examiners that he possesses sufficient qualification for the work intended to be performed in or upon those premises.
A special licence does not entitle the holder to perform any electrical work outside the premises described in the licence; and the licence is not transferable.
Except as provided in subsection 4(1), no person or corporation shall employ or engage any person to install, repair, alter, or replace, on or in any place or premises any electrical wiring, conduit, apparatus, or fixture, or other electrical material or appliance, unless the person employed or engaged is a licensee named in a valid and subsisting licence authorizing him to do the work which he is so employed or engaged.
Subject as herein otherwise provided, a person who does any electrical work without being in possession of a subsisting licence or permit authorizing him to do the work, is guilty of an offence and is liable, on summary conviction, to a fine not exceeding $200. or, in default of payment thereof, to imprisonment for a term not exceeding three months.
Subject as herein otherwise provided, a person who is doing any electrical work shall, on request of an inspector, produce a valid subsisting licence or permit, or both, as may be required under this Act authorizing him to do the work, or satisfy the inspector that he possesses such a licence or permit, or both, as the case may be.
No person shall
(a) offer for sale; or
(b) sell; or
(c) install in any building or premises or therein make use of;
any electrical equipment the design of which has not been approved by the Canadian Standards Association, or otherwise as may be prescribed by the minister or which does not bear the appropriate seal, stamp or mark of approval of that association or the minister, as the case may be.
Every person who has been, by written notice served on him, required by the minister to remedy a breach by that person of the regulations made under clause ll(i) and to comply therewith, within a time fixed in the notice, being not less than 15 days from the service thereof, and who, after the expiry of the time so fixed, continues to be in default, or to contravene or to neglect to observe the regulations, is guilty of an offence and is liable, on summary conviction, for a first offence to a fine of not less than $25. and not more than $200., and, in default of immediate payment, to not more than three months* imprisonment, and for a subsequent offence
(a) if an individual to a fine of not less than $25. and not more than $500. or to imprisonment for a term not exceeding four months; and
(b) if a corporation, to a fine of not less than $100. or more than $1,000.
A notice given by the minister under subsection (1) shall be deemed to have been served upon the person therein referred to, if addressed to him at his last known address as shown in the records of the department, and mailed by registered mail with postage prepaid; and the service shall be deemed to have been made on the day following the mailing.
Every person or corporation, and the manager or other chief officer in the province of any corporation, who or which contravenes or disobeys, or omits, neglects, or fails, to observe or comply with, any provision of this Act or of the regulations is guilty of an offence and, if no other penalty is specially provided therefor, is liable, on summary conviction,
(a) if an individual, to a fine of not more than $200. or to imprisonment for a term not exceeding two months, or to both; and
(b) if a corporation, to a fine of not more than $500.