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St. John's, Newfoundland and Labrador, Canada

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Revised Statutes of Newfoundland 1990


CHAPTER A-9

AN ACT RESPECTING AMUSEMENT RIDES

Analysis

1. Short title

2. Definitions

3. Director and inspectors

4. Powers of inspector

5. Power of director

6. Delegation of power

7. Certificate required

8. Prohibition re use

9. Inspection

10. Financial responsibility

11. Certificate issued

12. Certificate transferred

13. Certificate revoked

14. Closure of ride

15. Injury or death

16. Accident scene not disturbed

17. Director attend accident scene

18. Information to director

19. Appeal to director

20. Advisory board

21. Appeal board

22. Appeal to board

23. Effect of appeal

24. Liability of inspector

25. Offences

26. Regulations


Short title

1. This Act may be cited as the Amusement Rides Act.

1981 c13 s1

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Definitions

2. In this Act

(a) "amusement ride" means the structure and machinery designed to entertain or amuse people by physically moving them and includes the installation of the ride;

(b) "certificate" means a certificate of inspection;

(c) "director" means the director appointed under section 3;

(d) "inspector" means an inspector appointed under section 3 and includes the director;

(e) "minister" means the Minister of Employment and Labour Relations; and

(f) "owner" means a person, an unincorporated association, a syndicate or a club that operates or manages an amusement ride and includes the manager or lessee but does not include an attendant employed to operate an amusement ride.

1981 c13 s2; 1984 c40 Sch B; 1989 c25 Sch B;
1990 c61 s1

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Director and inspectors

3. (1) The minister may appoint a person to be director and those persons that are necessary to be inspectors to carry out this Act and the regulations.

(2) A person may not be an inspector if that person has a financial interest in the manufacture, sale, installation or maintenance of amusement rides or of equipment used in the amusement rides.

1981 c13 s3

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Powers of inspectors

4. (1) An inspector may, for the purposes of this Act and at reasonable times, on production of proof of appointment as an inspector,

(a) enter upon property where there is an amusement ride or where the inspector has reasonable grounds for believing there is an amusement ride;

(b) require the owner or operator of an amusement ride to prepare the amusement ride, or a part of it, for inspection; and

(c) inspect an amusement ride by removing parts and doing the things that he or she considers necessary to ensure the amusement ride is safe and complies with the prescribed standards.

(2) An inspector may by written notice

(a) require the owner of an amusement ride to do or refrain from doing, within the time that may be noted, those things that the inspector considers are necessary for compliance with this Act; and

(b) require the attendance before the director at the noted time and place of the persons that the director feels necessary to examine under oath or affirmation in relation to an inspection.

1981 c13 s4

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Power of director

5. The director for the purpose of carrying out the duties under this Act may require the production of and inspect drawings and specifications of an amusement ride, or part of it, and may require from the owner further information in relation to the amusement ride.

1981 c13 s5

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Delegation of power

6. The director may authorize 1 or more inspectors to exercise or perform the director's powers or duties upon conditions or in circumstances that he or she may prescribe.

1981 c13 s6

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Certificate required

7. (1) A person shall not operate for profit or reward or for charitable purposes an amusement ride unless that person

(a) holds a valid certificate under this Act in respect of that amusement ride; and

(b) operates the amusement ride in accordance with the conditions of the certificate.

(2) A person who operates an amusement ride shall post a certificate to operate that amusement ride in a conspicuous position on or close to that amusement ride.

1981 c13 s7

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Prohibition re use

8. (1) A person who has reasonable cause to believe that an amusement ride is unsafe or does not meet prescribed standards shall not use or operate it or permit it to be used or operated.

(2) A person shall not use or operate an amusement ride in an unsafe manner or in a manner that does not comply with this Act or the regulations.

1981 c13 s8

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Inspection

9. (1) In order to apply for a certificate in respect of an amusement ride a person shall

(a) notify the director in writing at least 5 days before the date on which the person intends to operate the amusement ride that a certificate is required; and

(b) provide at the time of notification in paragraph (a) the following information for the director:

(i) the date on which the person intends to start operation of the amusement ride,

(ii) the place where the person intends to operate the amusement ride, and

(iii) the number of days during which the person intends to operate the amusement ride.

(2) Where the director receives a notice under subsection (1) he or she shall inspect the amusement ride referred to in it as soon as practicable.

1981 c13 s9

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Financial responsibility

10. (1) A person is not entitled to a certificate under this Act until he or she has exhibited to the director proof, in accordance with regulations made under subsection (2), of financial responsibility to satisfy claims for damages suffered by a person because of an act or omission on the part of the owner, his or her agent or employees in the operation, design, construction, assembling, disassembling or maintaining of an amusement ride.

(2) The Lieutenant-Governor in Council may make regulations respecting the proof of financial responsibility referred to in subsection (1), including regulations prescribing the amount, character and form of the proof of financial responsibility determined to be necessary for the protection of those being in, near or upon an amusement ride.

1981 c13 s10

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Certificate issued

11. (1) An inspector shall issue to the owner a certificate for an amusement ride where, under this Act, the inspector

(a) has inspected the amusement ride;

(b) is satisfied that the amusement ride complies with the prescribed standards; and

(c) is satisfied that the owner of the amusement ride has complied with section 10.

(2) A certificate issued under subsection (1) shall contain the conditions under which it is issued.

(3) An inspector shall not issue a certificate under this Act for an amusement ride until the amusement ride has been inspected by an inspector.

1981 c13 s11

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Certificate transferred

12. Notwithstanding section 11, an inspector may transfer a certificate for an amusement ride to a new owner of that amusement ride so long as the certificate is valid, and the new owner has complied with section 10.

1981 c13 s12

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Certificate revoked

13. An inspector may suspend or revoke a certificate for an amusement ride where, in the inspector's opinion, that amusement ride is unsafe or does not comply with the prescribed standards, or the owner of the amusement ride is not complying with this Act or the regulations.

1981 c13 s13

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Closure of ride

14. (1) Where, as a result of an inspection, the inspector finds an amusement ride is unsafe to operate the inspector shall direct in writing the owner of the amusement ride

(a) to take the action that the inspector considers necessary to make the amusement ride safe to operate; and

(b) not to operate the amusement ride until the action described in paragraph (a) has been taken.

(2) Where an inspector directs an owner not to operate an amusement ride under subsection (1), the inspector may affix to the amusement ride a notice of that direction or may seal the ride and unless authorized by the inspector a person shall not

(a) use the amusement ride until the directions of the inspector are complied with; or

(b) remove the notice or break the seal.

1981 c13 s14

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Injury or death

15. (1) Where a person is seriously injured as a result of being in, near or upon an amusement ride, the owner shall give written notice of the facts surrounding the injury to the director within 24 hours of the injury.

(2) Where a person is killed as a result of being in, near or upon an amusement ride, the owner of that amusement ride shall immediately notify the director by telephone or telegraph of the death.

1981 c13 s15

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Accident scene not disturbed

16. Except as otherwise directed by the director or an inspector a person shall not disturb the scene of an accident that results in serious injury or death except as is necessary

(a) to attend to persons injured or killed;

(b) to prevent further injuries; and

(c) to protect property that is endangered as a result of the accident.

1918 c13 s16

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Director attend accident scene

17. The director or an inspector shall where practicable go to the scene of an accident reported under section 15 and may make the inquiries that he or she considers necessary to determine the cause of the accident.

1981 c13 s17

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Information to director

18. A person present at an accident when it occurred or who has information relating to an accident shall, upon the request of the director or an inspector, provide to the director or inspector the information respecting the accident that the director or inspector requests.

1981 c13 s18

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Appeal to director

19. (1) An owner or other person aggrieved by a notice or direction of an inspector, or by the revocation or suspension of a certificate, or by another action under this Act or the regulations, may appeal to the director against the notice, direction, revocation, suspension or other act.

(2) An appeal under subsection (1) shall be made in writing, within 7 days of the notice, direction, suspension or action.

(3) The director shall begin an investigation of the appeal within 24 hours of receiving the appeal.

(4) The director may confirm, revoke or vary the action of the inspector.

1981 c13 s19

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Advisory board

20. (1) The Amusement Rides Advisory Board consisting of not less than 3 members appointed by the Lieutenant-Governor in Council is continued.

(2) The advisory board shall report to and advise the minister on technical matters of administration and those other matters that the minister may assign to the board.

(3) The members appointed under subsection (1) shall be persons who have the prescribed qualifications and shall be paid the remuneration and expenses that may be set by the Lieutenant-Governor in Council.

1981 c13 s20; 1990 c61 s2

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Appeal board

21. (1) The Amusement Rides Appeal Board consisting of those members that the Lieutenant-Governor in Council may appoint is continued.

(2) The members appointed under subsection (1) shall be persons who have the prescribed qualifications and shall be paid the remuneration and expenses that may be set by the Lieutenant-Governor in Council.

1990 c61 s3

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Appeal to board

22. (1) A notice, direction, suspension or action confirmed or varied by the director under section 19 may be appealed to the appeal board by notice in writing within 30 days of the notice, direction, suspension or action.

(2) The appeal board shall after it has heard an appeal confirm, revoke or vary the notice, direction, suspension or action taken by the director.

(3) Nothing in this section shall be construed to prevent the appeal board from reconsidering a matter that has been dealt with by it or from rescinding, altering or amending a decision or order previously made by it.

1990 c61 s3

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Effect of appeal

23. An appeal under section 19 or 22 shall not affect the notice, direction or act of an inspector, or the revocation or suspension of a certificate, all or any of which shall remain in force pending the outcome of the appeal.

1981 c13 s22; 1990 c61 s4

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Liability of inspector

24. (1) An 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 officer in the performance of duties under this Act or the regulations is the same as if subsection (1) were not in force.

1981 c13 s23

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Offences

25. (1) A person who

(a) contravenes this Act or the regulations;

(b) wilfully makes a false or misleading statement to an inspector or the minister;

(c) interferes with or obstructs an inspector in the exercise of his or her duties; or

(d) fails to comply with a direction of an inspector,

is guilty of an offence and is liable on summary conviction to a fine not exceeding $5,000 or to a term of imprisonment not exceeding 6 months or to both a fine and imprisonment.

(2) In addition to a fine imposed under subsection (1) the court may impose a fine not exceeding $1,000 for each day during which the offence occurs.

1981 c13 s24

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Regulations

26. The Lieutenant-Governor in Council may make regulations

(a) excluding an amusement ride from the application of this Act;

(b) prescribing the form and content of the certificate of inspection;

(c) fixing standards, minimum or otherwise, of the construction, design, installation, operation, testing and inspection of amusement rides or equipment used in connection with the rides;

(d) prescribing requirements as to the preparation, quantity, form, substance and layout of drawings and specifications of amusement rides;

(e) governing the conduct and duty of owners and of persons in, on or near amusement rides;

(f) prescribing the fees to be paid for inspections or for the transfer of certificates by an inspector;

(g) respecting the construction, maintenance and use of amusement rides;

(h) respecting notices to close amusement rides;

(i) prescribing qualifications of persons for appointment as members of the Amusement Rides Advisory Board and the Amusement Rides Appeal Board, and different qualifications may be prescribed for different persons for appointment to those boards; and

(j) generally, to give effect to the purpose of this Act.

1981 c13 s25; 1990 c61 s5

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