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Copyright 2000: Queen’s Printer,
St. John's, Newfoundland and Labrador, Canada

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Revised Statutes of Newfoundland 1990


CHAPTER B-5

AN ACT RESPECTING BOILERS, PRESSURE VESSELS AND COMPRESSED GAS

Analysis

1. Short title

2. Definitions

3. Application of Act

4. Calculations

5. Director

6. Personnel appointments

7. Delegation of power

8. Inspections

9. Shop inspections

10. Entry by inspector

11. Duties of inspector

12. Order of inspector

13. Powers of inspector

14. Attendance before inspector

15. Installation prerequisites

16. Notice of installation

17. Operation prerequisites

18. Sealed by inspector

19. Restrictions on owner

20. Duties of owner

21. Disclose defects

22. Post up certificate

23. Register rating

24. Fees

25. Accidents

26. Register employees

27. Equipment information

28. Advisory board

29. Duties of board

30. Certificates of registration

31. Certificates of inspection

32. Absence of certificate

33. Inspection certificate

34. Reciprocal certificates

35. Temporary certificate

36. Display certificate

37. Payment

38. Appeal board

39. Appeal to director

40. Appeal to board

41. Effect of appeal

42. General regulations

43. Regulations re: fees

44. Exempting compliance

45. Exceptional circumstances

46. Adoption of codes

47. Liability of officer

48. Offences


Short title

1. This Act may be cited as the Boiler, Pressure Vessel and Compressed Gas Act.

1981 c12 s1

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Definitions

2. In this Act

(a) "board" means the advisory board established by section 28;

(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) "compressed gas" means a gas contained under pressure whether in a liquid, vapour or dissolved state;

(d) "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;

(e) "department" means the Department of Employment and Labour Relations;

(f) "engineer" means a power engineer who holds a certificate of competency under this Act;

(g) "fitting" includes a safety valve, stop valve, automatic stop and check valve, blow-down valve, reducing valve, water gauge, gauge cock, pressure gauge, injector, test cock, fusible plug, regulating and controlling device as well as pipe fitting attached to or used in connection with a pressure system;

(h) "heating boiler" means a boiler in which gas or vapour is generated, approved to carry a working pressure of 100 kilopascals or less; or a hot water heating or hot water supply boiler approved to carry a working pressure of 1100 kilopascals or less and temperature not exceeding 120 Celsius;

(i) "inspector" means an inspector appointed under this Act;

(j) "miniature boiler" means a boiler approved to carry a working pressure of not more than 700 kilopascals that has a shell with an inside diameter not greater than 400 millimetres and an overall length of not more than 1000 millimetres from outside to outside of the heads and a water heating capacity of not more than 70 kilowatts;

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

(l) "owner" includes a person, firm, or unincorporated organization at the time in possession of a pressure system and a manufacturer or agent of a pressure system; and with respect to safety and to the maintenance, care and operation of the pressure system, "owner" includes the manager, chief engineer, or other officer in charge of the local business of the owner or responsible for or in immediate charge of the pressure system;

(m) "power boiler" means a boiler designed to carry and operate at a working pressure of more than 100 kilopascals gauge;

(n) "pressure" means pressure in kilopascals as measured by a pressure gauge;

(o) "pressure piping system" means pipes, 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;

(p) "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 engines, turbines, compressors, piping, appliances, machinery or equipment attached to them or used in connection with them, whether the unit is portable, automotive or permanently attached to a solid base;

(q) "pressure system" means a boiler, pressure vessel or pressure plant;

(r) "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;

(s) "professional engineer" means a professional engineer as defined in the Engineers and Geoscientists Act;

(t) "refrigerating system" means a complete installation of pressure vessels, piping, fittings, compressors, machinery and other equipment by which refrigerants are vapourized, compressed and liquefied in their refrigerating cycle;

(u) "shipping container" means a pressure vessel designed and used for the purpose of transporting a gas, vapour, or liquid from 1 location to another;

(v) "special inspection" means an inspection made or service rendered by an inspector as a result of a request of an owner, other than an inspection required under section 8;

(w) "welding procedure" means the complete specifications of a process and the technique employed in the welding of various kinds and thicknesses of metals; and

(x) "working pressure" means the pressure at which a boiler or pressure vessel may be used or operated under this Act.

1981 c12 s2; 1984 c40 Sch B; 1989 c25 Sch B

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Application of Act

3. (1) This Act applies in respect of all pressure systems and all engineers, operators and welders operating in relation to those systems and liquid petroleum gases and medical gases except

(a) a boiler that has a capacity of 60 kilowatts or less other than a miniature boiler;

(b) a boiler, connected to a hot water heating system in which the water is heated and circulated with no intervening valves between the boiler, and the expansion tank that is fully vented to the atmosphere;

(c) a boiler used solely for heating purposes in a private dwelling;

(d) a pressure vessel of cylindrical shape that has an internal diameter of 150 millimetres or less and an internal capacity of 50 litres or less;

(e) a pressure vessel of rectangular shape that has an internal capacity of 50 litres or less;

(f) a pressure vessel other than for steam, operated with the relief valve set at 100 kilopascals or less;

(g) a pressure vessel that has an internal diameter of 610 millimetres or less and that contains both liquid and air used exclusively for hydraulic purposes at atmospheric temperatures or used to serve as a cushion in a water pumping or heating system;

(h) a refrigerating system that has a motive rating of 6 kilowatts or less;

(i) a compressed gas system that has a motive rating of 6 kilowatts or less except in relation to liquid petroleum gas;

(j) a pressure vessel having an internal diameter of 610 millimetres or less used for the storage of hot water for domestic purposes; and

(k) other pressure systems that may be prescribed to be exempted from the operation of the whole or a part of this Act or the regulations.

(2) The director may, in writing, notify the owner of a boiler or pressure vessel, not within the definitions in section 2, that the provisions of this Act and its regulations that are specified in the notice apply to his or her boiler or pressure vessel until he or she is otherwise notified.

1981 c12 s3; 1984 c24 s5

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Calculations

4. (1) For the purposes of this Act, calculations are to be made in consideration of the following:

(a) where combustible fuel is used as the heat source, the kilowatt rating of a boiler is the maximum number of kilojoules in the total heat content of the water or steam entering its inlet subtracted from the total heat content of the water or steam leaving its outlet an hour as determined by its manufacturer for its normal continuous operation, divided by 3.6 megajoules a kilowatt;

(b) where electric power is used as the heat source, the kilowatt rating of a boiler is the maximum number of kilowatts supplied to the boiler an hour as determined by its manufacturer for its normal continuous operation;

(c) the kilowatt rating of a prime mover, other than an electric motor or an internal combustion engine is the maximum kilowatts as determined by its manufacturer for its normal continuous operation;

(d) the kilowatt rating of an electric motor is the maximum kilowatt rating of the motor as determined by its manufacturer for its normal continuous operation, in the type of service for which it is used;

(e) the kilowatt rating of an internal combustion engine is, where the manufacturer has determined the maximum brake horsepower for its normal continuous operation, that horsepower multiplied by 746 divided by 1000;

(f) the kilowatt rating of an internal combustion engine is, where the manufacturer has not determined the kilowatt rating for its normal continuous operation, as determined by the director;

(g) the test pressure to which a boiler pressure vessel or pressure piping system may be subjected shall be in accordance with the regulations; and

(h) the capacity in kilowatts for a plant registered under section 23 is the sum of the kilowatt rating of all the boilers and equipment installed and fitted in such a manner as to be capable of being operated.

(2) The maximum allowable working pressure of a pressure system is

(a) where the equipment has been designed, constructed and installed in accordance with this Act and the regulations, the pressure in kilopascals that a pressure system is designed to withstand; and

(b) where the equipment has not been constructed according to this Act and the regulations but, in the opinion of an inspector, may be safely used at a lower pressure than described in paragraph (a), the maximum working pressure that the inspector may fix having regard to the construction, age, deterioration and other considerations that the inspector feels are relevant.

1981 c12 s4

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Director

5. (1) The minister may appoint an officer of the department to be the director for the purpose of this Act.

(2) The minister may appoint a person to be acting director in the place of the director in the case of illness or absence of the director or of a vacancy in the office.

1981 c12 s5

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Personnel appointments

6. (1) The minister may, in the manner authorized by law, employ the officers and inspectors who may be necessary for the purpose of this Act and the regulations.

(2) A person may not be appointed or hold office as an inspector where that person

(a) has a financial interest directly or indirectly in the manufacture, distribution, sale, or installation of boilers, pressure vessels or pressure plants or of machinery or equipment used in or in connection with them; or

(b) does not hold a prescribed certificate of competency.

1981 c12 s6; 1983 c23 s5

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Delegation of power

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

1981 c12 s7

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Inspections

8. (1) An inspector shall

(a) as the director instructs, inspect pressure systems and compressed gas systems within the areas assigned to the inspector; and

(b) inspect immediately a pressure system or compressed gas system that the inspector has reason to believe is unsafe.

(2) Notwithstanding that this Act does not apply in relation to a particular pressure system or compressed gas system, the director may direct an inspector to inspect that pressure system or compressed gas system.

(3) Where this Act does not apply to a pressure system or compressed gas system inspected under subsection (1), the inspector shall make a written report to the owner of the equipment inspected.

(4) Where the director believes that the owner of pressure equipment registered under section 27 possesses the competency to perform repairs, replacement and modification to the equipment and is able to carry out detailed inspections and recording of pressure vessel conditions in accordance with prescribed standards and codes, an audit inspection system may be implemented.

1981 c12 s8

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Shop inspections

9. (1) The director may assign an inspector to make shop inspections of all boilers and pressure vessels under construction to ensure the prescribed requirements in relation to the boilers and pressure vessels are complied with.

(2) Where a boiler or pressure vessel is to be built outside the province for use in the province, the director may arrange for the shop inspection of it during construction

(a) by a qualified inspector of the appropriate provincial authority in Canada;

(b) if the boiler or pressure vessel is being built in the United States of America, by a commissioned inspector of the National Board of Boiler and Pressure Vessel Inspectors in the United States of America; or

(c) in another country, by an inspection agency acceptable to the director and the director may accept the inspection reports submitted by that inspector or agency.

1981 c12 s9

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Entry by inspector

10. (1) An inspector may in writing require an owner to have his or her pressure system or compressed gas system ready for inspection at the required time and in the appropriate manner.

(2) An inspector, for the purposes of determining if this Act and the regulations are being complied with, may at a reasonable time, enter a building or property in relation to which the inspector has reason to believe there is installed or operating a pressure system or compressed gas system.

(3) Before an inspector enters a building or property under subsection (2), the inspector shall, if requested, present to the owner the identification supplied by the department.

1981 c12 s10

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Duties of inspector

11. An inspector who makes an inspection under this Act or the regulations shall by reasonable examination satisfy himself or herself of the following:

(a) that all provisions of this Act and the regulations respecting a pressure system or compressed gas system and the design, registration, construction, installation, operation and maintenance of that pressure system or compressed gas system have been and are being complied with and that the pressure system or compressed gas system is being safely used;

(b) that all safety valves are properly set and, where practical, sealed, and that the pressure system or compressed gas system is not being operated in excess of the maximum allowable working pressure;

(c) that all personnel operating a pressure system or compressed gas system hold a valid certificate of competency as required by this Act or the regulations and that sufficient personnel are employed for the safe and proper operation of the system;

(d) that each welder who is engaged in the welding of a boiler, pressure vessel, pressure piping system or a part of either of them, holds a valid certificate of proficiency;

(e) that all engines, turbines, flywheels, pulleys and other machinery in the pressure plant are operated at safe speeds;

(f) that proper guards have been installed throughout the plant where in the opinion of the inspector they are required; and

(g) that an adequate first aid kit is readily available at all times.

1981 c12 s11

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Order of inspector

12. (1) Where an inspector is not satisfied with the construction, installation, testing, condition, operation, or use of pressure systems inspected or investigated under this Act, the inspector may

(a) order in writing the changes to be made to the pressure systems so that there will be compliance with this Act and the regulations; and

(b) where necessary to prevent an accident, order in writing that the pressure system, or compressed gas system, or a part used in connection with either system, shall not be used until the requirements of the order referred to in paragraph (a) are complied with.

(2) Where an inspector issues an order under this section the person to whom the order is issued shall comply with the order within the time specified in the order.

(3) Where an inspector issues an order under paragraph (1)(b), a person shall not install, operate or use the pressure system or compressed gas system until that person has

(a) complied with the order of the inspector; and

(b) notified the inspector in writing that the order has been complied with.

1981 c12 s12

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Powers of inspector

13. For the purpose of this Act and the regulations, an inspector may

(a) cancel a certificate of inspection or certificate of approval pertaining to a pressure system if the owner fails to comply within a reasonable time with an order given by an inspector in respect of this Act and the regulations;

(b) require to be re-tested a welder who holds a certificate of proficiency but who, in the opinion of the inspector, is losing or has lost his or her proficiency;

(c) make the investigation that the inspector believes is necessary or that the director may require as to the cause and circumstances of an explosion, rupture or accident with respect to a pressure system;

(d) in the case where the design of a pressure system or compressed gas system, or part of it has not been approved or where the equipment is being operated without a certificate of inspection or certificate of approval, shut down and seal the pressure system or compressed gas system or part of it by attaching or applying to it a notice, label, stamp or mark; and

(e) shut down and seal a pressure system or compressed gas system, or part of it by attaching or applying to it a notice, label, stamp or mark where, in the opinion of the inspector, the pressure system or compressed gas system, or part of it is in an unsafe condition or being operated in a dangerous manner, and on so doing the inspector shall immediately notify the director.

1981 c12 s13

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Attendance before inspector

14. (1) An inspector may by written notice, countersigned by the director, require the attendance before the inspector of a person at the time and place named in the notice and examine that person under oath or affirmation regarding

(a) the construction, installation, condition, inspection, operation or maintenance of a pressure system;

(b) an accident arising out of the use or operation of a pressure system; or

(c) a repair of a pressure system that, in the opinion of the inspector, the strength of the pressure system may depend upon.

(2) A person who is required under subsection (1) 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 determined in accordance with the regulations.

1981 c12 s14

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Installation prerequisites

15. A person may not purchase, lease or install, whether or not for his or her own use, a pressure system unless that person has,

(a) in relation to the system, submitted in writing to the director the details and complete specifications; and

(b) subsequently received from the director a design registration number.

1981 c12 s15

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Notice of installation

16. An owner shall notify the director before and immediately after the installation of a pressure system.

1981 c12 s16

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Operation prerequisites

17. An owner may not operate or use a boiler or pressure vessel unless

(a) there is a valid certificate of inspection or certificate of approval in respect of it; or

(b) there is written permission of the director to do so.

1981 c12 s17

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Sealed by inspector

18. Where an inspector has sealed a pressure system an owner may not operate or use it or destroy, remove or tamper with the seal unless

(a) the owner has written permission of the director to do so; and

(b) there is a valid certificate of inspection in relation to it issued after the sealing.

1981 c12 s18

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Restrictions on owner

19. An owner shall not permit

(a) welding on a boiler, pressure vessel or pressure piping system, unless the welding is required by an inspector or authorized by the director, and is performed by a welder who holds a certificate of proficiency;

(b) the sale, exchange or installation of a pressure system for use without first obtaining on submission of written details and complete specifications, a certificate of inspection or the approval of the director, notwithstanding that the equipment might have previously been subject to this Act; or

(c) in relation to a boiler or pressure vessel,

(i) holes to be cut or drilled unless required by an inspector or authorized by the director, or

(ii) repairs to be made upon a boiler or pressure vessel upon which the strength of the boiler or pressure vessel may depend unless required by an inspector.

1981 c12 s19

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Duties of owner

20. Where an inspection or investigation is carried out by an inspector, the owner shall ensure

(a) that there is a person in attendance who is capable of ensuring the safety of the inspector; and

(b) that the safety equipment the inspector considers necessary is immediately available for the inspector's use.

1981 c12 s20

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Disclose defects

21. (1) Where a pressure system is being inspected the owner shall at that time inform the inspector of a known defect in it.

(2) At a time other than that described in subsection (1), where an owner knows of a defect in relation to a pressure system that may cause the equipment to be unsafe, the owner shall immediately notify the director of it.

1981 c12 s21

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Post up certificate

22. (1) An owner shall display in a conspicuous place near a boiler or pressure vessel or in a pressure plant the valid certificate of approval, certificate of inspection or certificate of plant registration in relation to it.

(2) Where a boiler or pressure vessel is mounted on a vehicle that is subject to the Highway Traffic Act, the owner of the boiler or pressure vessel shall ensure that the certificate of inspection in relation to it, or a copy of it, is in the vehicle for production on demand to an inspector, or peace officer or patrol officer of the vehicle inspection branch, Department of Works, Services and Transportation.

1981 c12 s22

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Register rating

23. (1) An owner shall register the kilowatt rating of his or her pressure plant or boiler with the director.

(2) Where an owner wants to reduce the kilowatt rating of a boiler, as calculated under subsection 4(1), the owner may apply to the director for special ratings based on the controlled fuel input where the heat value of the fuel is based on the commercial ratings in kilojoules.

1981 c12 s23

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Fees

24. An owner shall pay the fees, expenses, charges or levies made in accordance with this Act or the regulations.

1981 c12 s24

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Accidents

25. In the case of an explosion or rupture of a boiler or pressure vessel, or of an accident causing injury or death to a person as a result of the operation or use of a boiler or pressure vessel, the owner

(a) shall not move a part of the equipment until the permission of an inspector has been obtained, except to remove a person who had been injured or killed; and

(b) shall immediately notify the director by telephone or telegraph of the explosion, rupture or accident.

1981 c12 s25

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Register employees

26. An owner shall supply the director with the names of the engineers and operators employed by the owner, as well as their index numbers, class and date of issue of their certificates of competency

(a) immediately on the request of the director; 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.

1981 c12 s26

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Equipment information

27. (1) An owner shall register with the director the information respecting the pressure system of the owner, including the operation of it and employees related to it, that the director may require and within the time that the director may direct.

(2) Information given to the director under subsection (1) shall be supported by an affidavit verifying the information.

1981 c12 s27

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Advisory board

28. (1) The Lieutenant-Governor in Council shall appoint a Boiler and Pressure Vessel Advisory Board consisting of a chairperson, 1 representative of the department other than the director, 2 representatives of provincial training agencies, and those other members that the Lieutenant-Governor in Council considers appropriate.

(2) The board shall, among the number appointed to it under subsection (1), include 1 representative from each of the following 2 groups,

(a) persons engaged in the design, manufacture, assembling, erection or installation of equipment referred to in this Act who are registered professional engineers; and

(b) owners of pressure systems that are subject to this Act,

and 2 representatives of holders of valid 1st class certificates of competency who are engaged, at the time of appointment, in the operation of pressure systems subject to this Act.

(3) The members of the board shall be appointed for a period of 2 years from the date of appointment and are eligible for reappointment.

(4) All members of the board, other than those who are members of the public service, may be paid for services the remuneration that the Lieutenant-Governor in Council fixes and all members of the board are entitled to be paid for travelling and other expenses necessarily incurred in connection with the business of the board.

(5) The board shall meet at least 4 times a year and may hold special meetings as the chairperson considers necessary.

1981 c12 s28

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Duties of board

29. The board shall report to and advise the minister on the application of this Act and the regulations, and on the other matters in relation to this Act and the regulations that may be assigned to the board by the minister.

1984 c20 s1

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Certificates of registration

30. (1) The director upon payment of the prescribed fee, and provided the prescribed qualifications have been met, shall issue the following certificates:

(a) a certificate of plant registration, that is, in the absence of evidence to the contrary, evidence of the kilowatt rating of the pressure plant described in the certificate and that shall, subject to this Act and the regulations, authorize the operation of the pressure plant in accordance with the terms of the certificate;

(b) a certificate of competency, that is, in the absence of evidence to the contrary, evidence of the qualifications of the engineer or operator named in it and that shall, subject to this Act and the regulations, authorize that engineer or operator to take charge of or operate a pressure plant or boiler in accordance with the terms of the certificate; and

(c) a certificate of proficiency that is, in the absence of evidence to the contrary, evidence of the qualification of the welder named in it and that shall, subject to this Act and the regulations, authorize that welder to weld boilers, pressure vessels or pressure piping systems in accordance with the terms of the certificate.

(2) The director may for cause cancel, suspend or recall a certificate issued under this section and may set conditions upon which the certificate may be renewed or restored.

1981 c12 s31; 1984 c20 s3

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Certificates of inspection

31. (1) The director may, upon payment of the prescribed fee issue the following certificates:

(a) a certificate of inspection, that is, in the absence of evidence to the contrary, evidence of the inspection of the pressure system described in it and that shall, subject to this Act and the regulations, authorize the operation of the pressure system from the date of inspection until the date of expiry stated in the certificate, unless the certificate is sooner cancelled; and

(b) a certificate of approval that is, in the absence of evidence to the contrary, evidence of the affidavit of the manufacturer of the new boiler or pressure vessel described in it and that may, subject to this Act and the regulations, authorize without further inspection the operation of a boiler or pressure vessel until an inspector's next regular visit to that location.

(2) The director may, where sufficient cause has been shown and where he or she is satisfied that exceptional circumstances exist and subject to safe practice and the conditions that the director may prescribe, extend the date of expiration of a certificate of inspection.

(3) For the purpose of this Act, an affidavit of the manufacturer may be made on a prescribed form or a form acceptable to the director, and shall affirm 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.

1981 c12 s32

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Absence of certificate

32. The absence of a certificate referred to in sections 30 and 31 or its non-production on demand is, in the absence of evidence to the contrary, evidence that the certificate has not been issued.

1981 c12 s33

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Inspection certificate

33. (1) A certificate of inspection for a boiler or pressure vessel shall indicate the following:

(a) the maximum allowable pressure and temperature at which the boiler or pressure vessel is permitted to be operated or used;

(b) the provincial identification number of the boiler or pressure vessel;

(c) the date upon which the inspection is made by the inspector; and

(d) a condition or restriction under which the boiler or pressure vessel is to be operated.

(2) Where an inspector has inspected and condemned a boiler or pressure vessel, he or she shall clearly state on the certificate of inspection that the boiler or pressure vessel has been condemned and the owner shall pay the prescribed fee for the inspection.

1981 c12 s34

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Reciprocal certificates

34. (1) Where an engineer who holds a valid certificate of professional qualifications that has been issued by another province of Canada, the Government of Canada or a competent authority in another jurisdiction applies for a certificate of competency, the director may, upon payment of the prescribed fee and subject to the conditions that the director may prescribe, issue a certificate of competency.

(2) The director may arrange with the appropriate authority of another province for the issuing of interprovincial engineers' certificates upon the terms and conditions that may be agreed upon.

1984 c20 s4

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Temporary certificate

35. Where in the opinion of the director there are exceptional circumstances that warrant it, the director may examine an applicant for a certificate of competency and if satisfied that the applicant is competent may issue a temporary certificate of competency to the applicant.

1984 c20 s5

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Display certificate

36. The holder of a certificate of competency shall post that certificate in a conspicuous place where he or she is engaged in his or her duties.

1981 c12 s37

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Payment

37. Where this Act provides for the issue of a certificate upon payment of the prescribed fee, the certificate may be issued before the payment but is not valid until the payment is made.

1981 c12 s38

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Appeal board

38. The Boiler and Pressure Vessel Appeal Board is continued consisting of the members of the board appointed under section 28 except the member appointed to represent the department and including those other persons that the Lieutenant-Governor in Council may appoint, referred to in this Act as the "appeal board".

1984 c20 s6

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Appeal to director

39. (1) Where a person is aggrieved by a notice, decision or direction of an inspector, the person may appeal to the director in writing, within 7 days of that notice, decision or direction.

(2) The director shall begin an examination of an appeal within 24 hours of receipt of it.

(3) The director may confirm, revoke or vary the notice, decision or direction appealed from.

1984 c20 s6

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Appeal to board

40. (1) A notice, decision or direction confirmed, revoked or varied by the director under section 39 or a notice, decision or direction of the director personally may be appealed to the appeal board within 30 days.

(2) The appeal board may confirm, revoke or vary the notice, decision or direction of the director.

(3) A decision of the appeal board is final and not subject to review by a court.

(4) 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.

1984 c20 s6

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Effect of appeal

41. An appeal under section 39 or 40 shall not affect the notice, decision or direction appealed against and that notice, decision or direction shall remain in force pending the outcome of the appeal.

1981 c12 s41; 1984 c20 s7

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General regulations

42. The Lieutenant-Governor in Council may make regulations

(a) prescribing the qualifications of persons who may be appointed inspectors under this Act;

(b) prescribing the classes of certificates of competency for engineers and operators employed in the operation of a pressure system, the qualifications and requirements to be met by candidates for certificates of each class, and the conditions and manner under which a candidate may be tested or re-tested;

(c) prescribing the qualifications and requirements to be met by candidates for a certificate of proficiency and the conditions and manner under which a candidate may be tested or re-tested;

(d) respecting the issue, duration, renewal, suspension and cancellation of certificates under this Act as well as the conditions and duration under which people not holding the appropriate certificate, may operate;

(e) respecting the appointment of committees, the duties and the procedure to be followed by those committees in carrying out their duties;

(f) respecting the use, installation and classification of pressure systems, piping and fittings and other equipment used in connection with the pressure systems, piping and fittings;

(g) 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;

(h) 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;

(i) 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;

(j) prescribing the drawings and specifications that shall accompany an application for approval and registration of a design of a pressure system, piping and fittings and the information to be included;

(k) 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;

(l) prescribing the manner in which a welding procedure shall be registered and numbered and the information to be included with the application for registration;

(m) prescribing the manner in which the design of a pressure system, piping and fittings shall be registered and numbered and the manner in which they shall be marked or identified;

(n) prescribing for the certificate of plant registration, the manner in which the owner shall register the kilowatt rating of a boiler or pressure plant and the information to be included with the application for registration;

(o) concerning the issue of a permit authorizing the installation of a pressure system and prohibiting a person from installing a pressure system unless the person holds a permit to do so;

(p) respecting the acceptance or evaluation by the director of designs submitted to the director for approval and registration as having an equivalent standard of safety as the codes or standards adopted by the regulations;

(q) providing for the standards, codes and requirements for gas installation and gas equipment;

(r) providing for the storage, distribution and use of compressed gas;

(s) respecting the licensing of persons to manufacture, install or repair boiler or pressure vessels, or pressure equipment or refrigerating or compressed gas vessels and equipment used in connection with the boiler or pressure vessels;

(t) respecting the licensing of persons to manufacture, sell or distribute compressed gas;

(u) providing that a class or type of pressure vessel of 50 litres or less in capacity is subject to this Act and the regulations;

(v) prescribing the requirements respecting the repair, alteration, or removal of substandard equipment;

(w) prescribing the procedure to be followed by the board and the appeal board in carrying out its duties; and

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

1981 c12 s42; 1984 c20 s8

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Regulations re: fees

43. (1) The Lieutenant-Governor in Council may make regulations prescribing the following:

(a) the fee to be paid by the manufacturer for the survey for registration of the design of a pressure system, piping or fittings;

(b) the fee to be paid by the owner or the manufacturer on the issue of a certificate of approval;

(c) the fee to be paid by the owner on the inspection of a pressure system;

(d) the fee to be paid by an owner for the registration of a pressure plant;

(e) the fee to be paid by a manufacturer for the survey of a welding procedure and procedure qualification report for registration;

(f) the fee to be paid by an employer on the testing or re-testing of a welder;

(g) the fee to be paid by an applicant for examination for a certificate of competency of each class, for the issue and yearly renewal of certificates and duplicate certificates of each class;

(h) the fee to be paid by contractors, gas-fitters and employers for licences; and

(i) the fee to be paid for inspections, re-inspections, special inspections, examination of plans and specifications and the issue of permits.

(2) The Lieutenant-Governor in Council may make regulations

(a) providing for the payment by the owner, in addition to the inspection fee and expenses incurred, of a daily fee for a special inspection or services rendered by an inspector under this Act or the regulations;

(b) providing for the payment by an owner of a pressure system not subject to the provisions of this Act, of a daily charge, in addition to the other charges under this Act or the regulations for a special inspection of a pressure system and for a report on that inspection;

(c) providing for exemptions or refunds, wholly or in part, of fees paid under this Act or the regulations and prescribing the conditions under which and the manner in which exemptions or refunds may be made; and

(d) prescribing the allowance to be paid to persons appearing before an inspector under section 14.

1981 c12 s43

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Exempting compliance

44. The Lieutenant-Governor in Council may make regulations exempting from the operation of the whole or a part of this Act or of the regulations the pressure systems that the Lieutenant-Governor in Council considers appropriate.

1981 c12 s44

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Exceptional circumstances

45. Where, in the opinion of the director, exceptional circumstances exist making strict compliance with a regulation impracticable, the director may grant an exemption from compliance with that regulation in individual cases, provided the exemption is consistent with safe practice.

1984 c20 s9

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Adoption of codes

46. (1) For the purposes of carrying out this Act and the regulations, the director may with the advice of the board, adopt by reference a code or standard fixed by the Canadian Standards Association, the American National Standards Institute, the American Society of Mechanical Engineers or another association or code-making body with respect to the following as they relate to pressure systems, compressed gas systems, pipings and fittings and other equipment used in connection with them:

(a) approval of designs;

(b) manufacture;

(c) construction, installation and welding;

(d) operation; and

(e) testing and inspection.

(2) Codes or standards adopted under subsection (1) may be adopted with or without modification and may include the amendments that the director considers necessary.

(3) An inspector shall enforce the provisions of a code or standard adopted under subsection (1).

(4) In the case of a conflict between 2 or more codes or standards adopted under subsection (1), the director shall decide the code or standard that prevails.

(5) Where the director certifies a copy of a code or standard adopted under subsection (1) or an extract, modification or amendment, the certification is, in the absence of evidence to the contrary, proof of the contents.

1981 c12 s46; 1989 c20 s10

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Liability of officer

47. (1) An officer is not personally liable for anything done or omitted to be done by the officer 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 the officer's duties under this Act or the regulations is the same as if subsection (1) were not in force.

1981 c12 s47

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Offences

48. (1) A person is guilty of an offence who

(a) contravenes or fails to comply with this Act or the regulations, or an order;

(b) hinders or obstructs an inspector, in the performance of the inspector's duties under this Act or the regulations;

(c) wilfully makes a false or misleading statement in supplying information required by the minister, the director, or an inspector or in making an application under this Act or the regulations; or

(d) refuses to give the information to the minister, the director or an inspector that is required for the purpose of this Act or the regulations,

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 c12 s48

©Earl G. Tucker, Queen's Printer