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Statutes of Newfoundland 1996
AN ACT TO PROVIDE FOR THE SAFETY OF THE PUBLIC WITH RESPECT TO THE USE AND
(Assented to June 18, 1996)
1. Short title
4. Exemption from Act
6. Drawings and specifications
7. Certificates and permits
8. Shop inspection
9. Manufacturer affidavit
10. Quality management system
11. Accident inspection
12. Notification and investigation
14. Order to cease operation
15. Prohibition of use
16. Notice of installation
17. Safety of inspector
18. Certificates etc. required
19. Financial responsibility
20. Pressure system registration pre-requisite
21. Register rating
22. Register employees
23. Equipment information
24. Appeal to chief inspector
25. Appointment of appeal board
26. Appeal to board
27. Board's decision final
28. Effect of appeal
29. Advisory board
32. General regulations
33. Electrical regulations
34. Adoption of codes
35. Liability of officer
36. Offence and penalty
Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:
1. This Act may be cited as the Public Safety Act.
2. In this Act
(a) "amusement ride" means the structure and machinery designed to entertain or amuse people by physically moving them;
(b) "boiler" means a vessel in which gas or vapour may be generated or liquid may be put under pressure by the application of heat and includes a pipe or fitting, prime mover, machinery or other equipment attached to or used in connection with the vessel;
(c) "cancel" means to invalidate permanently;
(d) "certificate" means a document issued under this Act or the regulations for the purpose of registration or inspection of a system or device or qualification of a person operating under this Act and the regulations;
(e) "chief inspector" means the chief inspector of amusement rides and elevating devices, the chief inspector of boiler pressure vessel and compressed gas systems or the chief inspector of electrical systems;
(f) "compressed gas system" means the complete installation of pressure vessels, piping, fittings, compressors, machinery and other equipment used for producing, manufacturing, transferring, storing, distributing or otherwise handling compressed gas;
(g) "electrical system" means any electrical equipment covered under the scope of the Canadian Electrical Code, Part I;
(h) "elevating device" means an apparatus or a device, whether or not part of a building, used for lifting, lowering or transporting persons or goods from one permanent level, floor, landing or point to another and includes an elevator, dumbwaiter, escalator, man lift, incline lift, aerial tram, ski lift or ski tow;
(i) "inspector" means an official designated under subsection 5(2) for the purpose of enforcement of this Act and the regulations, and includes the chief inspector;
(j) "minister" means the minister appointed under the Executive Council Act to administer this Act;
(k) "owner" means,
(i) in relation to amusement rides and elevating devices, the person who owns, operates or manages an amusement ride or elevating device and includes the manager or lessee but does not include an attendant employed to operate the amusement ride or elevating device,
(ii) in relation to pressure systems, the person in possession of and a manufacturer or agent of the system, and with respect to the safety and to the maintenance, care and operation of the system, includes the manager, chief engineer or other officer responsible for or in immediate charge of the system, and
(iii) in relation to electrical systems, the person who owns or leases the system, and where the system has not yet received a final certificate of inspection from the electrical inspection authority, includes the electrical contractor responsible for the installation of the system;
(l) "pressure piping system" means piping, tubes, conduits, fittings, gaskets, bolting and other components that make up a system the only purpose of which is the conveyance of gas, vapour or liquid that is either lethal, toxic, flammable, explosive or expansive and the control of its flow between 2 or more points;
(m) "pressure plant" means an installation of a boiler, pressure vessel, refrigeration system or compressed gas system or a combination of them as a unit under the same owner and management and includes all compressors, piping, appliances, machinery or equipment attached to them or used in connection with them, whether the unit is portable or permanently attached to a solid base;
(n) "pressure system" means a boiler, pressure vessel, pressure piping system or pressure plant;
(o) "pressure vessel" means a receptacle, other than a boiler, which is or is capable of being used for containing, storing, distributing, transferring, distilling, evaporating, processing, or otherwise handling of a gas, vapour or liquid under pressure and includes a pipe, fitting or other equipment attached to or used in connection with a pipe or fitting; and
(p) "refrigeration system" means a complete installation of pressure vessels, piping, fittings, compressor, machinery and other equipment by which refrigerants are vaporized, compressed and liquified in their refrigerating cycle.
3. This Act applies to the design, manufacture, construction, installation, operation and maintenance of
(a) amusement rides;
(b) electrical systems;
(c) elevating devices; and
(d) pressure systems
and where in this Act or the regulations there is a reference to the term "system or device" the reference is to the rides, systems and devices referred to in paragraphs (a) to (d).
Exemption from Act
4. (1) The Lieutenant-Governor in Council may exempt a person or a system or device, or part of one, from the provisions of this Act and the regulations.
(2) Where, in the opinion of the chief inspector, exceptional circumstances exist making strict compliance with a regulation impractical, the chief inspector may grant an exception from compliance with that regulation in individual cases, so long as the exception is, in the opinion of the chief inspector consistent with safe practices.
5. (1) The minister may appoint a person to be chief inspector of amusement rides and elevating devices, a person to be chief inspector of pressure systems and a person to be chief inspector of electrical systems for the purpose of the administration of this Act and the regulations.
(2) The minister may appoint inspectors and other officers to enforce this Act and the regulations.
(3) The chief inspector may authorize one or more inspectors or other officers to exercise or perform the chief inspector's powers or duties upon conditions or in circumstances that the chief inspector may determine.
Drawings and specifications
6. The chief inspector for the purpose of carrying out his or her duties under this Act may require the production of and inspect drawings and specifications of a system or device, or part of it, and may require from the owner further information in relation to the system or device.
Certificates and permits
7. (1) Where the chief inspector is satisfied that a system or device or person complies with this Act and the regulations and the qualifications or circumstances, prescribed by regulation, have been met and after payment of the fee set by the minister, the chief inspector shall issue the appropriate certificate or permit relating to inspection, registration, competency, proficiency or other subject that may be provided for in the regulations.
(2) Where a certificate or a permit has been issued under this Act, the chief inspector may suspend or cancel the certificate or permit for just cause.
(3) For the purpose of validation of a certificate issued under this Act or the regulations, the chief inspector may order the inspection of, or the testing or re-testing of, a person or a system or a device.
8. (1) The chief inspector may assign an inspector to make shop inspections of all boilers and pressure vessels under construction to ensure the requirements in relation to the boilers and pressure vessels as prescribed by the regulations are complied with.
(2) Where a boiler or pressure vessel is to be built outside the province for use in the province, the chief inspector may arrange for the shop inspection of it during construction by an inspection agency acceptable to the chief inspector and the chief inspector may accept the inspection reports submitted by that agency.
9. For the purpose of this Act, the chief inspector may accept an affidavit of manufacturer made on a form acceptable to the chief inspector, that affirms that the boiler or pressure vessel described in it has been fabricated in accordance with an approved design that has been registered under this Act.
Quality management system
10. The chief inspector may require an owner, vendor, contractor, manufacturer or designer of a system or device, or a person who supervises a system or device, to maintain a quality management system that meets the requirements that may be prescribed by regulation.
11. Where the chief inspector is of the opinion that the owner of a system or device possesses the competency to perform repairs, replacement and modification to the system or device and is able to carry out detailed inspections and recording of conditions in accordance with standards and codes that may be prescribed by regulation, the chief inspector may implement an audit inspection program with respect to the system or device.
Notification and investigation
12. (1) An owner shall immediately notify the chief inspector of an accident or incident involving a system or device.
(2) The chief inspector may, where he or she considers it advisable, carry out an investigation so as to determine the cause of an accident or incident involving a system or device and take the action that he or she considers appropriate to prevent a recurrence of the accident or incident.
13. (1) An inspector may, for the purpose of this Act and at reasonable times on production of proof of appointment as an inspector,
(a) enter upon property where there is a system or device or where the inspector has reasonable grounds to believe there is a system or device;
(b) require the owner of a system or device to have his or her system or device ready for inspection at the required time and in the appropriate manner; and
(c) inspect a system or device in a manner that the inspector thinks is necessary to ensure that all provisions of this Act and the regulations respecting the design, registration, construction, installation, operation, maintenance and repair of a system or device have been complied with and the system or device is able to be safely operated.
(2) An inspector may by written notice
(a) require the owner of a system or device to take corrective action as necessary and within a reasonable time to ensure compliance with this Act and the regulations;
(b) require the attendance before the inspector of persons, at the time and place stated in the notice, for examination under oath or affirmation regarding
(i) the design, construction, installation, condition, inspection, operation, maintenance or repair of a system or device, or
(ii) an accident or incident arising out of the use or operation of a system or device; and
(c) require the production of and inspect drawings and specifications of a system or device and may require from the owner further information in relation to the system or device.
(3) The chief inspector shall ensure that inspections on systems and devices are conducted as frequently as necessary to ensure compliance with this Act and the regulations.
Order to cease operation
14. (1) Where an inspector is not satisfied with the design, construction, installation, testing, condition, operation, maintenance, repair or use of a system or device, the inspector may
(a) order in writing that the system or device shall not be operated or used until the action described in paragraph 13(2)(a) has been taken; and
(b) affix a notice, label, stamp or mark and seal the installation or part of it to prevent its operation
and shall immediately notify the chief inspector of the order or seal.
(2) Where an inspector has ordered an owner not to operate a system or device under subsection (1), a person shall not remove the notice, label, stamp or mark or destroy, remove or tamper with the seal or operate the system or device until
(a) the orders of the inspector have been complied with;
(b) the inspector has been notified in writing that the orders have been complied with; and
(c) he or she has written permission from the chief inspector to do so.
Prohibition of use
15. (1) A person shall not use or operate a system or device in an unsafe manner or in a manner that does not comply with this Act or the regulations.
(2) A person who has reasonable cause to believe that a system or device is unsafe or does not meet standards prescribed by regulation shall not use or operate it or permit it to be used or operated.
(3) Where an owner knows of a defect in any equipment in relation to a system or device that may cause the equipment to be unsafe, he or she shall immediately notify the chief inspector.
Notice of installation
16. An owner shall notify the chief inspector before and immediately after the installation of a system or device and shall not operate it until authorized to do so by an inspector.
Safety of inspector
17. An owner, during an inspection or investigation of a system or device shall ensure that
(a) on the request of the inspector, there is a person in attendance who is capable of ensuring the safety of the inspector; and
(b) any necessary safety equipment, including that requested by the inspector, is immediately available for the inspector's use.
Certificates etc. required
18. A person shall not sell, construct, install, control or operate a system or device or supervise, operate or undertake any process or activity of a system or device unless the person holds the appropriate validated certificate, licence, or permit required by this Act or the regulations.
19. A person is not entitled to a certificate relating to an amusement ride under this Act until he or she has shown to the chief inspector proof of financial responsibility, at least to the amount prescribed by regulation, to satisfy claims for damages suffered by a person because of an act or omission on the part of the owner, or his or her agent or employees, in the operation, maintenance, repair, design, construction, assembling or disassembling or installation of an amusement ride.
Pressure system registration pre-requisite
20. A person may not purchase, lease or install, whether or not for his or her own use, a pressure system or elevating device unless that person has, in relation to the system or device,
(a) submitted in writing to the chief inspector the details and complete specifications; and
(b) received from the chief inspector a design registration number.
21. An owner shall register the kilowatt rating of his or her pressure plant with the chief inspector.
22. An owner shall supply the chief inspector with the names of the engineers and operators employed by the owner for the operation of a pressure plant, as well as information with respect to their qualifications that may be required by this Act and the regulations
(a) immediately on the request of the chief inspector; and
(b) at the time an engineer or operator begins or ends employment with the owner, but only with the information that relates to that engineer or operator.
23. An owner shall register with the chief inspector the information respecting the pressure plant of the owner, including the operation of it and employees relating to it, that the chief inspector may require and within the time the chief inspector may direct.
Appeal to chief inspector
24. (1) A person aggrieved by an action taken under this Act or the regulations, including a notice or order of an inspector or the cancellation or suspension of a certificate may appeal to the chief inspector against the action.
(2) An appeal under subsection (1) shall be made in writing, within 7 days of the action.
(3) The chief inspector shall begin an investigation of the appeal within 24 hours of receiving the appeal.
(4) The chief inspector may confirm, revoke or vary the action.
Appointment of appeal board
25. (1) The Lieutenant-Governor in Council may appoint an appeal board to make decisions regarding a person aggrieved by an action taken under this Act or the regulations.
(2) The members appointed under subsection (1) shall be persons who have the qualifications prescribed by the regulations.
(3) The members of the appeal board may be paid the remuneration and expenses set by the minister.
(4) Where, immediately before the commencement of this Act, there is established an appeal board under section 38 of the Boiler, Pressure Vessel and Compressed Gas Act or section 21 of the Amusement Rides Act, the appeal board shall continue until it is replaced with an appeal board appointed under subsection (1).
Appeal to board
26. (1) An action confirmed, revoked or varied by the chief inspector under section 24, or a notice, decision or order of the chief inspector personally, may be appealed to the appeal board by notice in writing within 30 days of the confirmation, revocation or variation of the notice, decision or order of the chief inspector.
(2) All affected parties shall produce before the appeal board all papers and documents in their possession affecting the matter of the appeal.
(3) The appeal board shall, after it has heard an appeal, confirm, revoke or vary the notice, order, decision or action of the chief inspector.
Board's decision final
27. A decision of the appeal board is final and binding and no appeal lies to the Trial Division.
Effect of appeal
28. An appeal under section 24 or 26 shall not affect the notice, decision, or order of an inspector but the notice, decision or order of an inspector shall remain in force pending the outcome of the appeal.
29. (1) The Lieutenant-Governor in Council may appoint advisory boards to report to and advise the minister on the application of this Act and the regulations and on other matters that may be assigned by the minister regarding systems or devices.
(2) The members appointed under subsection (1) shall be persons who have qualifications satisfactory to the minister.
(3) The members of the advisory boards may be paid remuneration and expenses set by the minister.
(4) Where, immediately before the commencement of this Act, there is established an advisory board under section 20 of the Amusement Rides Act or section 28 of the Boiler, Pressure Vessel and Compressed Gas Act, the advisory board shall continue until it is replaced with an advisory board under subsection (1).
30. (1) An owner, operator or installation contractor of a system or device shall pay the fees, expenses, charges or levies that may be set by the minister, and, where the issue of a certificate, licence or permit requires the payment of a fee, the person requesting the certificate, licence or permit shall pay the fee set by the minister.
(2) The minister may set fees with respect to the registration of, inspection of or the issuance of certificates, licences or permits relating to systems or devices or for a purpose relating to the administration of this Act or the regulations.
31. A person who is required under section 13 to appear before an inspector, may where the minister considers it appropriate, be paid an allowance for the expenses occasioned by the attendance and the allowance shall be set by the minister.
32. The Lieutenant-Governor in Council may make regulations
(a) excluding from all of the provisions of this Act or the regulations a certain class, subclass or portion of systems or devices or systems or devices within a specified geographic area or intended for a specified purpose;
(b) prescribing the qualifications of persons operating or installing a system or device;
(c) prescribing the qualifications and requirements to be met by persons performing specified tasks and the manner under which a person may be evaluated or tested;
(d) respecting the issue, duration, renewal, validation, suspension, cancellation or transfer of certificates and permits, the conditions under which they may be issued, renewed, validated, suspended, cancelled or transferred and the form and condition of the certificates and permits;
(e) respecting the conditions and duration under which personnel or systems or devices may operate without the appropriate certificate or permit;
(f) fixing standards, minimum or otherwise, of the construction, design, installation, operation, testing and inspection of a system or device;
(g) prescribing requirements as to the quantity, form, substance and lay out of drawings and specifications that shall accompany an application for registration or permit for a system or device and requirements as to the qualifications of the person who shall prepare them;
(h) governing the conduct and duty of owners and of persons in, on or near a system or device;
(i) respecting notices and seals to prevent the operation of any system or device;
(j) respecting the use, installation, construction, maintenance and classification of a system or device;
(k) prescribing the manner in which a design, procedure, system or device shall be registered and numbered;
(l) prescribing the procedures to be followed by advisory or appeal boards in carrying out their duties;
(m) respecting licensing of persons to manufacture, install, repair, sell or distribute a system or device or portion of it;
(n) classifying refrigerants and refrigerating systems and prescribing the conditions under which they may be used and the types of buildings in which they may be used;
(o) respecting the repairs by welding of boilers, pressure vessels and pressure piping systems, and prescribing the plans, drawings or information to be given in respect of welding and other repairs of a pressure plant, boiler pressure system or pressure piping system;
(p) prescribing the conditions under which and the manner in which a pressure plant may be classified, the total kilowatt rating of the pressure plant may be determined and by which the size or rating of a pressure system may be determined;
(q) requiring the manufacturer or the agent or officer in charge of construction to make a report in respect of the construction of a boiler or pressure vessel and prescribing the information to be contained in the report and the manner in which it shall be verified;
(r) providing for the storage, distribution and use of compressed gas;
(s) prescribing the requirements respecting the repair, alteration, or removal of substandard equipment, systems or devices;
(t) prescribing considerations or the purpose of calculating kilowatt ratings, capacity and maximum allowable working pressures; and
(u) generally, to give effect to the purpose of this Act.
33. The Lieutenant-Governor in Council may make regulations necessary to provide for the safe use of electricity in the province, including regulations
(a) prescribing the design, construction, installation, protection, use, maintenance, repair, extension, alteration and connection of products used or to be used with respect to the consumption of electricity;
(b) prohibiting the use of a product referred to in paragraph (a) until it has been inspected and approved in accordance with the regulations;
(c) prohibiting the advertising, display, offering for sale or other disposal and the sale and disposal of a product referred to in paragraph (a) until it has been inspected and approved in accordance with the regulations; and
(d) prescribing the procedures to be taken in the sale or other disposal of a product referred to in paragraph (a) and the warnings and instructions to be given to purchasers and others in advertisements and otherwise in order to prevent the use of those products in that manner or under those conditions that might result in a hazard to persons or property.
Adoption of codes
34. (1) For the purpose of carrying out this Act and the regulations, the Lieutenant-Governor in Council may adopt by reference the whole or part of a published code, rule or standard recognized by the Standards Council of Canada or the American National Standards Institute or other national accreditation agency as it relates to
(a) the approval of designs;
(b) the manufacturing;
(c) the construction, alteration, installation and welding;
(d) the operation, repair or maintenance; or
(e) the testing and inspection
of a system or device, and the code, rule or standard may be adopted with or without modification and may include the amendments the Lieutenant-Governor in Council considers appropriate.
(2) Where a code, rule or standard is adopted by reference under subsection (1), unless the contrary is noted, the reference shall be considered to be a reference to the code, rule or standard as amended whether the amendment was made before or after the making of the regulation in which the code, rule or standard is adopted.
(3) Where there is considered to be a conflict between 2 or more codes, rules and standards adopted under subsection (1), the chief inspector shall decide the code, rule or standard that prevails.
(4) A copy of a code, rule or standard adopted under subsection (1) shall be kept on record and available for examination by the public in the minister's department and where the chief inspector certifies a copy of the code, rule or standard or an extract, modification or amendment, the certification is, in the absence of evidence to the contrary, proof of the contents.
Liability of officer
35. (1) An inspector or other officer is not personally liable for anything done or omitted to be done in the performance of his or her duties under this Act or the regulations.
(2) Notwithstanding subsection 5(4) of the Proceedings Against the Crown Act, the liability of the Crown in respect of anything done or omitted to be done by an inspector or other officer in the performance of duties under this Act or the regulations is the same as if subsection (1) were not in force.
Offence and penalty
36. (1) A person is guilty of an offence who
(a) contravenes or fails to comply with this Act or the regulations;
(b) wilfully makes a false statement to an inspector or to the minister;
(c) refuses to give the information to the minister, the chief inspector or an inspector that is required for the purpose of this Act or the regulations;
(d) interferes with or obstructs an inspector in the performance of his or her duties;
(e) operates equipment which has been closed with a seal; or
(f) fails to comply with the order of an inspector,
and is liable on summary conviction to a fine not exceeding $50,000 or to a term of imprisonment not exceeding 6 months or to both the fine and the imprisonment.
(2) In addition to a fine under subsection (1) the court may impose a fine not exceeding $5,000 for each day during which the offence occurs.
(3) Where a corporation is guilty of an offence under this Act, an officer, director or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is guilty of the offence and is liable on summary conviction to the punishment provided for the offence.
37. This Act repeals
(a) the Elevators Act;
(b) the Boiler, Pressure Vessel and Compressed Gas Act;
(c) the Amusement Rides Act; and
(d) section 66 of the Occupational Health and Safety Act.
38. This Act comes into force on a day to be proclaimed by the Lieutenant-Governor in Council.
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