as enacted by SM 1987-88, c. 9 on July 17, 1987.
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R.S.M. 1987, c. P95
The Power Engineers Act
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
In this Act,
"boiler" means a vessel in which steam may be generated or a liquid put under pressure by heating; ("chaudière")
"certificate" means an authorization issued under this Act to operate a specific plant or class of plant; ("certificat")
"foreign certificate" means an authorization issued under the legislation of a foreign jurisdiction to operate a specific plant or class of plant; ("certificat étranger")
"foreign jurisdiction" means a province, state, country or other jurisdiction outside Manitoba; ("instance étrangère")
"inspector" means a representative of The Department of Labour appointed under The Department of Labour Act; ("inspecteur")
"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; ("ministre")
"owner" means a person who owns, leases or manages a plant; ("propriétaire")
"plant" means a steam plant, pressure plant or refrigeration plant, or any combination thereof, and all appurtenances and appliances connected therewith; ("installation")
"power engineer" means a person holding a valid and subsisting certificate; ("opérateur" )
"pressure plant" means an installation designed or used for utilizing or confining, under pressure, any liquid or gaseous substance other than steam, including the compressor thereof and all appurtenances connected therewith; ("installation de pressurisation" )
"reciprocating jurisdiction" means a foreign jurisdiction
(a) where a certificate issued under this Act is accorded the same recognition as a foreign certificate issued in that jurisdiction is accorded within Manitoba, and
(b) that is designated as such by the minister; ("instance réciproque")
"refrigeration plant" means a pressure plant in which refrigerants are vaporized, compressed and liquefied in their refrigerating cycle, including the complete installation of machinery and all appurtenances connected therewith; ("installation frigorifique")
"steam plant" means an installation designed or used for generating, utilizing, confining or storing, under pressure, steam or liquid, including the boiler thereof and all appurtenances and appliances connected therewith. ("centrale thermique")
This Act does not apply to any plant or class of plant that is
(a) subject to inspection under
(i) the Canada Shipping Act (Canada), or
(ii) the Explosives Act (Canada), or
(iii) the Railway Act (Canada); or
(b) designated in the regulations as a plant or class of plant to which this Act does not apply.
Where the regulations specify an exemption from any provision of this Act or the regulations and set out the nature of the exemption and the circumstances in which the exemption may be granted, the minister may, subject to subsection (3), grant that exemption in those circumstances.
Notwithstanding subsection (1), the minister may, subject to subsection (3), exempt any plant or class of plant from any or all of the requirements of this Act or the regulations, where in his opinion the exemption is not contrary to the interests of safety.
The minister may, at any time and in his discretion, remove any exemption granted under subsection (1) or (2).
Prohibition against operating.
No person shall operate, or permit or employ any other person to operate, any plant unless the person or other person, as the case may be, who is operating the plant
(a) is the holder of a valid and subsisting certificate authorizing him to operate that plant or the class of plant in which that plant is classified: and
(b) operates the plant in compliance with the provisions of this Act and the regulations;
and the plant complies with the provisions of this Act and the regulations.
The Lieutenant Governor in Council may, by regulation, set out requirements, in addition to the requirements of this Act, respecting any plant or class of plant, or the operation of any plant or class of plant, or any person operating a plant.
The Lieutenant Governor in Council may, by regulation, classify plants into various classes, and specify any factor required to be taken into account in rating a plant for the purpose of classification.
The Lieutenant Governor in Council may, by regulation,
(a) classify certificates into various classes; and
(b) specify the class of certificate that is required to operate any plant or class of plant classified under subsection (1).
The minister may issue a certificate of any of the classes of certificates set out in the regulations to any person who
(a) submits to the minister an application therefor on a form prescribed and supplied by the minister, together with such proofs in support as the regulations may require;
(b) remits to the minister such application fee as the regulations may provide;
(c) subject to subsections (2), (3) and (4), takes and passes an examination;
(d) where the person takes an examination under clause (c), remits to the minister such examination fee as the regulations may provide; and
(e) satisfies such requirements, in addition to the requirements of clauses (a), (b), (c) and (d), and possesses such qualifications, as the regulations may prescribe.
Exception to examination requirement.
Any person who complies with clauses (l)(a), (b) and (e) and is the holder of and submits to the minister
(a) a valid and subsisting certificate of the same class as that of the certificate for which the person is applying; or
(b) a valid and subsisting foreign certificate issued in a reciprocating jurisdiction and being of the same class as or of a class equivalent to that of the certificate for which the person is applying;
is not required to take an examination under clause (l)(c).
Discretion to waive examination.
The minister may, in his discretion, waive the examination required under clause (1)(c) in the case of any person who
(a) complies with clauses (1)(a), (b) and (e); and
(b) is the holder of and submits to the minister a valid and subsisting foreign certificate issued in a foreign jurisdiction other than a reciprocating jurisdiction and being a certificate of the same class as or of a class equivalent to that of the certificate for which the person is applying.
Prerequisites for examination.
Where any person is required to take an examination under clause (1)(c), the examination shall not be administered unless and until the person complies with clauses (1)(a), (b), (d) and (e).
The minister shall cause any examination required under subsection (1) to be set, administered and marked.
The minister may prescribe the form of any certificate.
Every certificate expires on a date provided in the regulations.
For the purposes of subsections (2) and (3), the minister may designate any province, state, country or other jurisdiction outside of Manitoba as a reciprocating jurisdiction.
Where the minister refuses to issue a certificate to any person, the minister shall, forthwith upon making the refusal, cause to be served upon the person a notice of refusal stating the refusal and the reason for the refusal.
Where the minister believes on reasonable grounds that any person holding a certificate
(a) obtained the certificate through a false or misleading statement; or
(b) has failed to observe a provision of this Act or the regulations; or
(c) is an alcoholic or drug addict, or has operated a plant while under the influence of alcohol or any drug; or
(d) is in a condition that renders it or is likely to render it unsafe for the person to operate a plant; or
(e) has assumed charge of a plant, knowing that he is incapable of operating the plant safely; or
(f) has operated a plant, or has conducted himself while operating a plant, in a manner that creates or is likely to create an unsafe condition in the plant; or
(g) has committed an indictable offence; or
(h) is guilty of conduct that in the opinion of the minister is contrary to the public interest or the interests of safety;
the minister may forthwith suspend the certificate by serving the person with a notice of suspension.
A notice of suspension served under subsection (1) shall state the suspension, the date when the suspension becomes effective and the reason for the suspension.
Any person whose certificate is suspended under subsection (1) shall, forthwith upon the suspension becoming effective, surrender or deliver the certificate to the minister to be retained by the minister pending the holding of a hearing and the making of an order under section 10.
In this section, "board" means the board for which provision is made in section 15.
(a) who is served with a notice of refusal under section 8, or a notice of suspension under section 9; or
(b) who feels aggrieved by
(i) anything done by the minister in exercising his powers under this Act, or
(ii) any provision of a regulation made under this Act;
may, within 15 days of the doing of the thing or the making of the regulation, as the case may be, apply to the board for a hearing under this section.
Any hearing for which application is made under subsection (2) shall be held as soon as practicable, and any party affected by the matters to be dealt with at the hearing may attend or be represented thereat by counsel and be heard.
As soon as practicable after the holding of any hearing under this section, the board shall furnish the minister with a written report of its findings and recommendations.
The minister, upon receiving and after giving consideration to any report furnished under subsection (4), may make such order with respect to the matters dealt with in the report as he deems fit.
Any order made by the minister under subsection (5) is final and binding.
Every person operating a plant pursuant to a valid and subsisting certificate shall keep the certificate displayed in a conspicuous place in the room where the plant or a major portion of the plant is located.
The owner of every plant shall, whenever requested by the minister and at such other times as the regulations may prescribe, furnish the minister with such information respecting the plant and its operation or any person operating the plant as the regulations may require.
An inspector, upon presentation of an authorization signed by the minister, may at any reasonable time enter any premises wherein the minister has reason to believe that a plant exists and, if the plant is found to exist on the premises, may make such inspection of the premises and the plant and conduct such inquiry pertaining thereto as may be necessary to determine whether or not the provisions of this Act and the regulations are being observed.
Every owner of a plant or person operating a plant shall, at any reasonable time upon the request of an inspector, allow the inspector free access to the plant and furnish the inspector with such information and assistance as the inspector may request for the purposes of this Act and as the owner or person may be capable of furnishing.
Service of notices and documents.
Except where in this Act otherwise provided, service of any notice or document by ordinary mail addressed to the last known address of the person being served is a sufficient service for all purposes under this Act.
The Lieutenant Governor in Council shall appoint persons, including representatives of employers and representatives of employees, to a board to advise the minister on matters relating to this Act, and to hold the hearings for which provision is made in section 10.
For the purposes 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 and order made under, and in accordance with the authority granted by, this section has the force of law; and, without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations and orders,
(a) designating any plant or class of plant as a plant or class of plant to which this Act does not apply;
(b) specifying any exemption from any provision of this Act or the regulations, and setting out the nature of the exemption and the circumstances in which the exemption may be granted;
(c) setting out requirements, in addition to the requirements of this Act, respecting any plant or class of plant, or the operation of any plant or class of plant, or any person operating a plant;
(d) classifying plants, specifying any factor required to be taken into account in rating a plant, classifying certificates and specifying the class of certificate required to operate any plant or class of plant;
(e) specifying the proofs required in support of any application for a certificate;
(f) prescribing requirements, in addition to the requirements of this Act, and qualifications, for the issue of any certificate;
(g) specifying the expiry date of certificates;
(h) specifying the various fees payable by any applicant for a certificate;
(i) specifying the information required to be furnished to the minister by any owner and the times, in addition to the times specified in this Act, when that information is required to be furnished.
Any person who
(a) contravenes, or refuses, neglects or fails to observe, any provision of this Act or the regulations; or
(b) interferes with or obstructs an inspector in the exercise of powers conferred or duties imposed upon the inspector under this Act;
is guilty of an offence and liable, on summary conviction, to a fine of not less than $100. and not more than $500.
References to operating engineers.
Where in any Act of the Legislature or any regulation made thereunder there is reference to an operating engineer, that reference is deemed to be a reference to a power engineer.