95

 

 

Second Session, 50th General Assembly

3 Charles III, 2024

BILL 95

AN ACT TO AMEND THE PUBLIC SAFETY ACT

Received and Read the First Time................................................................

Second Reading............................................................................................

Committee.....................................................................................................

Third Reading...............................................................................................

Royal Assent.................................................................................................

HONOURABLE ELVIS LOVELESS

Minister of Digital Government and Service Newfoundland and Labrador

Ordered to be printed by the Honourable House of Assembly

 

EXPLANATORY NOTES

This Bill would amend the Public Safety Act to

·         allow the chief inspector of amusement rides and elevating devices to authorize a person who is not an inspector to inspect amusement rides and elevating devices where the chief inspector determines it is necessary and the person satisfies the qualifications prescribed in the regulations;

·         require a person authorized to inspect amusement rides and elevating devices to submit a written report to the chief inspector of amusement rides and elevating devices;

·         allow the Lieutenant-Governor in Council to make regulations prescribing the qualifications of persons authorized to inspect amusement rides and elevating devices and prescribing the licensing requirements of persons carrying on the business of inspecting amusement rides and elevating devices;

·         abolish the Public Safety Appeal Board and establish a right of appeal to the deputy minister of the Department of Digital Government and Service Newfoundland and Labrador;

·         replace references to "Trial Division" with the correct reference "Supreme Court"; and

·         incorporate gender-neutral language.

 

A BILL

AN ACT TO AMEND THE PUBLIC SAFETY ACT

Analysis

        1.   S.2 Amdt.
Definitions

        2.   S.5.1 Added
Inspections – amusement rides and elevating devices

        3.   S.6 Amdt.
Drawings and specifications

        4.   S.12 Amdt.
Notification and investigation

        5.   S.13 Amdt.
Inspections

        6.   S.14 Amdt.
Order to cease operation

        7.   S.15 Amdt.
Prohibition of use

        8.   S.19 Amdt.
Financial responsibility

        9.   S.20 Amdt.
Pressure system registration pre-requisite

      10.   S.21 Amdt.
Register rating

      11.   S.25 Rep.
Appointment of appeal board

      12.   S.26 R&S

              Appeal to deputy minister

      13.   Ss. 27 to 27.2 Rep.
27.   Procedure

              27.1 Consideration of appeal

              27.2 Commencement of appeal

      14.   S.27.4 Amdt.

              Notice

      15.   S.28 Amdt.

              Appeal to Supreme Court

      16.   S.32 Amdt.
General regulations

      17.   S.35 Amdt.
Liability of officer

      18.   S.36 Amdt.
Offence and penalty

      19.   Transitional

      20.   RSNL1990 cP-43 Amdt.

      21.   Commencement

          


Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

SNL1996 cP-41.01
as amended

        1. Section 2 of the Public Safety Act is amended by adding immediately after paragraph (f) the following:

          (f.1)  "department" means the department presided over by the minister;

          (f.2)  "deputy minister" means the deputy minister of the department;

 

        2. The Act is amended by adding immediately after section 5 the following:

 

Inspections –amusement rides and elevating devices

      5.1 (1) The chief inspector of amusement rides and elevating devices may authorize a person who is not an inspector to inspect amusement rides or elevating devices where

             (a)  the chief inspector determines it is necessary; and

             (b)  the person has the qualifications prescribed in the regulations.

             (2)  A person authorized under subsection (1) shall submit a written report to the chief inspector of amusement rides and elevating devices with respect to the inspection in the form that the chief inspector may determine.

             (3)  A person authorized under subsection (1) shall not have a direct or indirect interest in the manufacture, sale, installation or maintenance of the amusement ride or elevating device that the person is authorized to inspect.

 

        3. Section 6 of the Act is amended by deleting the words "his or her" and substituting the words "the chief inspector's".

 

        4. Subsection 12(2) of the Act is amended by deleting the words "he or she" wherever they appear and substituting the words "the chief inspector".

 

        5. Paragraph 13(1)(b) of the Act is amended by deleting the words "his or her" and substituting the word "the".

 

        6. Paragraph 14(2)(c) of the Act is amended by deleting the words "he or she" and substituting the words "the person".

 

        7. Subsection 15(3) of the Act is amended by deleting the words "he or she" and substituting the words "the owner".

 

 

        8. Section 19 of the Act is amended by

             (a)  deleting the words "he or she" and substituting the words "the person"; and

             (b)  deleting the words "his or her" and substituting the words "the owner's".

 

        9. Section 20 of the Act is amended by deleting the words "his or her" and substituting the words "the person's".

 

      10. Section 21 of the Act is amended by deleting the words "his or her" and substituting the words "the owner's".

 

      11. Section 25 of the Act is repealed.

 

      12. Section 26 of the Act is repealed and the following substituted:

Appeal to deputy minister

      26. (1) A person may appeal a notice, decision or order of the chief inspector, including an action confirmed, revoked or varied by the chief inspector under section 24, to the deputy minister within 30 days of the notice, decision or order.

             (2)  An appeal referred to in subsection (1) shall

             (a)  be submitted to the deputy minister, in writing, in the form and manner set by the deputy minister;

             (b)  state the reasons for the appeal; and

             (c)  include

                      (i)  a copy of the notice, decision or order being appealed,

                     (ii)  all information that the appellant considers necessary for the appeal, and

                    (iii)  any information requested by the deputy minister.

             (3)  The deputy minister shall begin a review of the notice, decision or order within 30 days after the appeal has been received under subsection (2).

             (4)  The deputy minister may confirm, revoke or vary the notice, decision or order that is the subject of the appeal.

             (5)  A decision of the deputy minister shall

             (a)  be in writing;

             (b)  state the reasons for the decision; and

             (c)  be provided to the appellant and the chief inspector no later than 30 days after the deputy minister completes the review of the notice, decision or order.

 

      13. Sections 27 to 27.2 of the Act are repealed.

 

      14. Subsection 27.4(1) of the Act is amended by deleting the word "chairperson" and substituting the word "department".

 

      15. (1) Subsection 28(1) of the Act is repealed and the following substituted:

Appeal to Supreme Court

      28. (1) A person aggrieved by a decision of the deputy minister may appeal that decision to the Supreme Court on a question of jurisdiction or law.

             (2)  Subsection 28(2) of the Act is amended by deleting the word "board" and substituting the words "deputy minister".

 

      16. (1) Section 32 of the Act is amended by adding immediately after paragraph (b) the following:

         (b.1)  prescribing the qualifications of persons authorized to inspect amusement rides and elevating devices;

             (2)  Paragraph 32(d) of the Act is amended by deleting the word “certificates” wherever it appears and substituting the words “certificates, licences”.

             (3)  Paragraph 32(l) of the Act is amended by deleting the words "or appeal".

             (4)  Section 32 of the Act is amended by adding immediately after paragraph (m) the following:

        (m.1)  respecting licensing of persons carrying on the business of inspecting amusement rides and elevating devices;

 

      17. Subsection 35(1) of the Act is amended by deleting the words "his or her" and substituting the words "the inspector's or officer's".

 

      18. Paragraph 36(1)(d) of the Act is amended by deleting the words "his or her" and substituting the words "the inspector's".

Transitional

      19. Where an appeal has been submitted to the appeal board before the coming into force of this Act but has not been concluded before the coming into force of this Act, the appeal shall be concluded by the deputy minister.

RSNL1990 cP-43 Amdt.

      20. Schedule C of the Public Service Commission Act is amended by deleting the statutory appointment reference "Public Safety Act, subsection 25(1)".

Commencement

      21. Section 2 and subsections 16(1), (2) and (4) come into force on a date to be proclaimed by the Lieutenant-Governor in Council.

©King's Printer