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POWER ENGINEERS ANDBOILER AND PRESSUREVESSEL SAFETY ACT [REPEALED Apr. 1, 2004 by

2003 Bill 19]

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POWER ENGINEERS ANDBOILER AND PRESSURE VESSELSAFETY ACT [REPEALED Apr. 1, 2004 by 2003 Bill 19]

CHAPTER 368

Contents

PART 1 – Definitions1. Definitions

PART 2 – Application2. Application

PART 3 – Administration3. Designation of inspecting power engineers

PART 4 – Inspections and Investigations4. Inspections and investigations5. Powers of an inspecting power engineer6. Cost of inspection and re-inspection7. Right of entry8. Inspecting power engineer not to be hindered9. Provision of assistance and safety equipment to inspecting power engineer10. False statements in a certificate

PART 5 � Certificate of Inspection11. Certificate of inspection12. Retention and production of certificate of inspection13. Transfer of certificate of inspection

PART 6 – Construction, Installation, Sale, Alteration and Repair of Boilers, PressureVessels, Plants and Refrigeration Equipment

14. Restriction on construction, sale, etc. of boiler, pressure vessel, etc.15. Interference with fittings prohibited

PART 7 – Certificates of Competency16. Issue of certificates of competency17. Operation of boilers18. Supervision of power plants19. Certificates of competency

PART 8 – Powers of Chief Engineers20. Unqualified person operating equipment

POWER ENGINEERS ANDBOILER AND PRESSURE VESSEL SAFETY ACT [REPEALED Apr. 1, 2004 by 2003 Bill 19]

368 of 23 Quickscribe Services Ltd.

21. Following directions

PART 9 – Accident Investigations22. Reporting of accident23. Accident investigations

PART 10 – Power Engineers and Boiler and Pressure Vessel Safety Advisory Committee24. Advisory committee

PART 11 – Appeals and Power Engineers and Boiler and Pressure Vessel Safety AppealBoard

25. Appeals to director26. Appeal board continued27. Appeal from decision of director28. Panels29. Quorums30. Meetings31. How an appeal is heard32. Inquiry Act33. Power of appeal board

PART 12 – Miscellaneous34. Evidence35. Power to make regulations36. Offences37. Limitation on prosecution



PART 1 – Definitions

Definitions

1. In this Act:

"accident" means an accident that

(a) arises from the operation, manufacture, installation, alteration or repair of equipmentto which this Act applies, and

(b) results in damage to property or injury to or death of a person;

"advisory committee" means the Power Engineers and Boiler and Pressure Vessel SafetyAdvisory Committee continued under section 24;"appeal board" means the Power Engineers and Boiler and Pressure Vessel Safety Appeal Boardcontinued under section 26, and, except in sections 26, 28, 29 and 30, includes a panel establishedunder section 28;"boiler" means a vessel, including fittings, in which by the application of heat

(a) gas, steam or vapor is capable of being generated and pressurized, or

(b) a liquid is capable of being pressurized;

"certificate of competency" means a subsisting certificate that the director issues under section16 or that was issued under the former Act;"certificate of inspection" means a subsisting certificate that the director issues under section 16or that was issued under the former Act;"certificate of inspection" means a subsisting certificate that is issued under section 11 (1) (a) orthat was issued under the former Act;"chemical recovery boiler" means a boiler that is capable of being fuelled by the black liquorthat results from the Kraft sulphate pulp manufacturing process;"chief engineer" means a power engineer who has charge of and is primarily responsible for aplant;"compressed gas" means a gas or a combination of gases that is contained under pressurewhether or not the gases are liquefied, vaporized, dissolved or in any combination of these states;"contractor" means a person who is in the business of constructing, installing, altering orrepairing boilers, pressure vessels, pressure piping systems, fittings, plants or refrigerationequipment or any combination of them;"director" means the person appointed as the director for the purposes of this Act;

"electric boiler" means a boiler heated by electricity;

"expansible fluid" means

(a) any vapor or gas, or

(b) any liquid that will change to a gas or vapor at atmospheric conditions;

"fitting" means a valve, gauge, regulating or controlling device, flange, pipe fitting, nozzle orthing that is attached to or forms part of a boiler, a pressure vessel, a pressure piping system orrefrigeration equipment, but does not include pressure piping;"former Act" means the Boiler and Pressure Vessel Act, R.S.B.C. 1979, c. 30;

"heating surface" means the area that transfers heat, as determined by the regulations, of a boileror pressure vessel;



"inspecting power engineer" means the director and includes a person or class of personsdesignated by the director;"interim certificate of inspection" means a subsisting certificate that is issued under section 11(1) (b) or that was issued under the former Act for the temporary period set out on the certificate;"low pressure hot water plant" means an assembly of hot water boilers that operate at atemperature of 121°C or less and at a pressure of 1 100 kPa or less and includes a pressure plantthat is connected to the assembly of boilers;"low pressure organic fluid plant" means an assembly of organic fluid boilers that

(a) operate at a temperature of 343°C or less, and

(b) have no valves or other obstruction to prevent circulation between the boiler and anexpansion tank that is fully vented to the atmosphere

and includes a pressure plant that is connected to the assembly of boilers;"low pressure steam plant" means an assembly of boilers that operate at a steam or other vaporpressure of 103 kPa or less and includes a pressure plant that is connected to the assembly ofboilers;"organic fluid boiler" means an organic fluid boiler as defined by the regulations;

"organic fluid plant" means an organic fluid plant as defined by the regulations;

"owner" includes a lessee;

"plant" means a power plant, pressure plant, low pressure hot water plant, low pressure steamplant, organic fluid plant and refrigeration plant;"power engineer" means a person who holds a final or interim certificate of competency;

"power plant" means

(a) an assembly of one or more boilers in which steam, gas or vapor is generated at apressure of more than 103 kPa,

(b) an assembly of one or more boilers containing liquid that has

(i) a working pressure exceeding 1 100 kPa,

(ii) a temperature exceeding 121°C, or

(iii) both a working pressure exceeding 1 100 kPa and a temperature exceeding121°C, or

(c) an assembly of boilers composed of boilers referred to in paragraphs (a) and (b),

and includes ancillary equipment, pressure piping system, and a pressure plant that is connected tothe assembly of boilers;"pressure piping system" means pipes, tubes, conduits, gaskets, bolts and other componentsmaking up a system, the sole purpose of which is the conveyance of an expansible fluid underpressure and the control of the flow of an expansible fluid under pressure between 2 or morepoints;"pressure vessel" means a vessel and its fittings, other than a boiler, that is capable of being usedto contain, store, distribute, transfer, distill, process or otherwise handle gas, vapor or liquidsunder pressure, but does not include anything excluded by the regulations;"refrigeration equipment" means machinery in which refrigerants are capable of beingvaporized, compressed and liquefied;"refrigeration plant" means an assembly of refrigeration equipment and includes a pressureplant connected to it;"shift engineer" means a power engineer who is in charge of a plant under the supervision of achief engineer;



"unfired boiler" means a boiler in which gas, steam or vapor may be generated for use externalto the boiler by heat that arises from another vessel or substance and includes an electric boiler.

RS1996-368-1.



PART 2 – Application

Application

2. (1) Subject to this section, this Act applies in respect of every boiler, every pressure vessel,every pressure piping system, every fitting, every plant and all refrigeration equipment.

(2) This Act does not apply to any of the following:

(a) a boiler with a heating surface of 2 m2 or less in a power plant;

(b) a boiler with a heating surface of 3 m2 or less in a low pressure steam plant, a lowpressure hot water plant or an organic fluid plant;

(c) a boiler that

(i) is capable of being used as a part of a hot water heating system, and

(ii) has no valves or other obstruction to prevent circulation of water between theboiler and an expansion tank that is fully vented to the atmosphere;

(d) a boiler used to heat a building that contains only 4 or fewer self containedresidential units;

(e) a pressure vessel that is constructed so that it is capable of being used only at apressure of 103 kPa or less;

(f) a pressure vessel that is 152 mm or less in diameter and 0.0425 m3 or less in volume;

(g) a pressure vessel that has an internal diameter of 610 mm or less and is used for thestorage of hot water;

(h) a pressure vessel that is used exclusively for hydraulic purposes at an atmospherictemperature of less than 82°C;

(i) prescribed refrigeration plant and a prescribed class of refrigeration plant;

(j) a distribution main or service pipe as defined in the Gas Safety Act or a pipeline asdefined in the Pipeline Act.

(3) Part 7 does not apply to any of the following:

(a) a low pressure hot water plant with a heating surface of 75 m2 or less or a lowpressure organic fluid plant with a heating surface of 75 m2 or less;

(b) an electric boiler that consumes 100 kW or less;

(c) a prescribed refrigeration plant and a prescribed class of refrigeration plant;

(d) a process

(i) in a petroleum refinery other than in a power plant that is part of the petroleumrefinery, and

(ii) where the heat for the process is generated as a result of a reaction that is partof the process or burning.

RS1996-368-2.



PART 3 – Administration

Designation of inspecting power engineers

3. (1) The director may designate as an inspecting power engineer any person or class of personswho meets the qualifications as may be prescribed by the minister for an inspecting powerengineer.

(2) If the director is given a power or duty under this Act or the regulations, the director mayauthorize one or more inspecting power engineers to exercise or perform that power or dutyon the conditions and in the circumstances the director determines.

RS1996-368



PART 4 – Inspections and Investigations

Inspections and investigations

4. An inspecting power engineer may, and if requested by the director must, inspect andinvestigate the design, construction, installation, maintenance, alteration, repair, testing,condition and operation of a boiler, pressure vessel, pressure piping system, fitting, plantand refrigeration equipment.

RS1996-368-4.

Powers of an inspecting power engineer

5. (1) For the purpose of inspecting or investigating a boiler, pressure vessel, pressure pipingsystem, fitting, plant or refrigeration equipment, an inspecting power engineer may do oneor more of the following(a) inspect records that in any way relate to its design, construction, testing, installation,

alteration, inspection, maintenance, repair, condition and operation, and for thatpurpose may temporarily remove the records after notifying the person in charge ofthem;

(b) order the owner or person in charge to

(i) make full disclosure, either orally or in writing, of any matter respecting itsdesign, construction, testing, installation, alteration, inspection, maintenance,repair, condition and operation, and

(ii) produce to the inspecting power engineer all records under the control of theowner or person in charge that in any way relate to the inspection orinvestigation;

(c) remove samples of any material or substance after notifying the owner or the personin charge of the material or substance.

(2) An inspecting power engineer may, in writing, order a person to stop the construction,installation, alteration, maintenance, repair, testing or operation of equipment that is carriedout in a way contrary to this Act or the regulations.

(3) An inspecting power engineer may in writing order the chief engineer of a plant to closedown the plant.

RS1996-368-5.

Cost of inspection and re-inspection

6. If in the opinion of an inspecting power engineer

(a) another inspection or the completion of an inspection of a plant, a portion of a plantor the procedures in a plant, or

(b) another examination or certification of a welder, boiler operator or power engineer

was caused by the failure of the owner of the plant or of the welder, boiler operator orpower engineer to prepare adequately for the inspection, examination or certification, theowner must pay the expenses incurred by the inspecting power engineer for any repeatvisits necessary to re-inspect or to complete the inspection, examination or certificationincluding a prescribed daily charge.

RS1996-368-6.



Right of entry

7. At any reasonable time and after giving notice to the owner or person apparently in chargeof any property, an inspecting power engineer may enter any property, other than a privatedwelling, and inspect any boiler, pressure vessel, pressure piping system, fitting, plant orrefrigeration equipment.

RS1996-368-7.

Inspecting power engineer not to be hindered

8. (1) A person must not refuse an inspecting power engineer admission to any property, otherthan a private dwelling, or obstruct or hinder an inspecting power engineer if he or shepresents his or her certificate of appointment and is engaged in carrying out an inspectionor investigation under this Act or the regulations.

(2) A person must not knowingly make a false or misleading statement, either orally or inwriting, to an inspecting power engineer engaged in carrying out an inspection orinvestigation under this Act or the regulations.

RS1996-368-8.

Provision of assistance and safety equipment to inspecting power engineer

9. (1) If an inspecting power engineer carries out an inspection or investigation under section 4,the owner, chief engineer or person designated by the chief engineer must ensure that(a) there is a person in attendance who is capable of taking all the necessary precautions

to ensure the safety of the inspecting power engineer,(b) any safety equipment that the inspecting power engineer considers necessary is made

available for the inspection,(c) the equipment to be inspected is prepared in accordance with the regulations, and

(d) every employee gives the inspecting power engineer all reasonable assistance.

(2) If an inspecting power engineer requests the help of a power engineer in examining a plant,the power engineer must report all the defects that he or she knows to exist in the boilers,pressure vessels, pressure piping system, fittings and refrigeration equipment in the plant.

RS1996-368-9.

False statements in a certificate

10. An inspecting power engineer must not knowingly issue a certificate of inspection orinterim certificate of inspection that contains a false or misleading statement.

RS1996-368-10.



PART 5 � Certificate of Inspection

Certificate of inspection

11. (1) If an inspecting power engineer considers that a boiler, a pressure vessel, a pressure pipingsystem, a fitting, a plant or refrigeration equipment complies with this Act and theregulations, the inspecting power engineer may issue(a) a certificate of inspection, or

(b) an interim certificate of inspection.

(2) The certificate of inspection or the interim certificate of inspection for a boiler, a pressurevessel, a pressure piping system, a fitting, a plant or refrigeration equipment must show thefollowing:(a) in the case of a boiler, pressure vessel or refrigeration equipment in a plant, its

British Columbia identification number;(b) the date on which the inspection was made by an inspecting power engineer;

(c) in the case of a boiler, a pressure vessel, a pressure piping system or refrigerationequipment, the maximum allowable operating temperature and pressure;

(d) any other condition under which the boiler, pressure vessel, pressure piping system,fitting, plant or refrigeration equipment is to be operated;

(e) other information the director may require.

(3) A person must not use or permit the use of any boiler, pressure vessel, pressure pipingsystem, fitting, plant or refrigeration equipment contrary to a condition specified on thecertificate of inspection or interim certificate of inspection.

(4) A person must not start the operation of a boiler, pressure vessel or plant unless the personholds for it(a) a certificate of inspection, or

(b) an interim certificate of inspection.

(5) A certificate of inspection subsists until the earlier of

(a) a subsequent inspection, or

(b) revocation or suspension of the certificate under the regulations.

(6) An interim certificate of inspection subsists until the earlier of

(a) the period set out on the certificate, or

(b) revocation or suspension of the certificate under the regulations.RS1996-368-11.

Retention and production of certificate of inspection

12. Every owner of and every person in charge of a plant must ensure that a certificate ofinspection or interim certificate of inspection for a boiler, a pressure vessel or refrigerationequipment(a) is placed adjacent to the boiler, pressure vessel or refrigeration equipment to which it

relates in a location where it can be easily read, or(b) is kept in a location approved by the inspecting power engineer.



RS1996-368-12.

Transfer of certificate of inspection

13. If a boiler, a pressure vessel, refrigeration equipment or a refrigeration plant is sold ormoved to another place, the owner must not transfer the certificate of inspection or theinterim certificate of inspection to another person or place without the prior writtenapproval of the director.

RS1996-368-13.



PART 6 – Construction, Installation, Sale, Alteration andRepair of Boilers, Pressure Vessels, Plants and

Refrigeration Equipment

Restriction on construction, sale, etc. of boiler, pressure vessel, etc.

14. (1) A person must not construct, repair, alter or install a boiler, a pressure vessel, a pressurepiping system, a fitting, a plant or refrigeration equipment in British Columbia for use inBritish Columbia unless(a) the original design and the altered design, if any, have been approved and registered

in accordance with the regulations,(b) it is constructed, installed, altered or repaired in accordance with that design,

(c) it is inspected, investigated and tested in accordance with the regulations, and

(d) the work is done in the manner required by the regulations

(i) by a contractor who is licensed under the regulations, or

(ii) by a person who is the owner of the premises and is registered under theregulations.

(2) A person who purchases or disposes of a boiler, a pressure vessel or refrigerationequipment for use in British Columbia must, within 30 days after the date of the purchaseor disposition, give the director written notice of the purchase or disposition stating theinformation required by the director.

(3) An installation or alteration of refrigeration equipment or a pressure vessel in arefrigeration plant or of a boiler must not be started unless(a) a contractor, or

(b) if there is no contractor for the installation or alteration, a person who is allowed toapply for a permit under the regulations

applies for a permit in the form and manner required by the director.RS1996-368-14.

Interference with fittings prohibited

15. A person must not interfere with, render inoperative or remove any fitting that is requiredby this Act or the regulations to be part of a plant, except with the written consent of thedirector.

RS1996-368-15.



PART 7 – Certificates of Competency

Issue of certificates of competency

16. (1) The director must issue, in accordance with the regulations, a final or interim certificate ofcompetency of the appropriate class established under the regulations to all persons whohave(a) demonstrated their competence and proven their professional qualifications in

accordance with the regulations,(b) unless exempted by the director in accordance with the regulations, passed a written

examination, and(c) met the other requirements of the regulations.

(2) The director, in consultation with persons designated by the minister, may issue directives

(a) establishing the content of and the rules respecting the conduct and marking of theexamination referred to in subsection (1), and

(b) approving courses of study that are necessary for certification under this Act and theregulations.

(3) For the purpose of this section, the regulations may establish different requirements fordifferent classes of people and different circumstances.

RS1996-368-16.

Operation of boilers

17. A person must not operate a boiler or refrigeration equipment in a plant except under thesupervision of a person who holds the class of certificate of competency that is requiredunder the regulations for that size and type of plant.

RS1996-386-17.

Supervision of power plants

18. (1) If in the opinion of the director there are insufficient power engineers to exercisesatisfactory supervision of a plant, the director may order the owner or person in charge ofthe plant to employ sufficient power engineers having the certificate of competencyrequired under the regulations to exercise satisfactory supervision.

(2) The owner of a plant must not require a power engineer to perform a duty not related to theoperation of the plant if an inspecting power engineer considers that the performance ofthat duty may endanger the safety of the plant or the people in the plant or both.

RS1996-386-18.

Certificates of competency

19. On the request of an inspecting power engineer, the owner of a plant or its chief engineermust provide a written list of all the power engineers employed by the owner, theircertificates of competency and their classifications and duties.

RS1996-368-19.



PART 8 – Powers of Chief Engineers

Unqualified person operating equipment

20. (1) With the prior approval of the director and the advisory committee, the owner or the chiefengineer of a plant may(a) permit a person who is not qualified under this Act and the regulations to temporarily

operate any equipment that is in the plant and to which this Act applies, or(b) leave the plant unattended.

(2) If, under subsection (1), an owner or chief engineer permits an unqualified person tooperate equipment or a plant is left unattended, the owner or chief engineer must ensurethat the plant is operated in compliance with this Act and the regulations.

RS1996-368-20.

Following directions

21. A person working in a plant must follow the directions respecting the operation of the plantthat are given by a shift engineer or chief engineer.

RS1996-368-21.



PART 9 – Accident Investigations

Reporting of accident

22. (1) If an accident involves equipment to which this Act applies, the owner or person in chargeof the equipment must report the accident to the director and give the information that thedirector requests.

(2) A person must not remove or interfere with anything in, on or about the place where theaccident occurred except(a) insofar as it is necessary to prevent the death of or injury to a person or to protect

property, and(b) in accordance with the regulations.

RS1996-368-22.

Accident investigations

23. (1) If in the opinion of the director it is necessary to investigate an accident, the director or aperson designated by the director must investigate the accident.

(2) The person making the investigation under this section

(a) has all the protection, privileges and powers of a commissioner under sections 12, 15and 16 of the Inquiry Act, and

(b) seize and seal any equipment and seal off the areas of the plant that he or she wishesto inspect.

RS1996-368-23.



PART 10 – Power Engineers and Boiler and Pressure VesselSafety Advisory Committee

Advisory committee

24. (1) The Power Engineers and Boiler and Pressure Vessel Safety Advisory Committee iscontinued(a) to advise the minister respecting

(i) this Act and the regulations, and

(ii) the safety of equipment to which this Act applies,

(b) to advise the director respecting suspension and revocation of certificates ofcompetency,

(c) to advise the minister on the effectiveness of plant safety programs,

(d) to advise the minister respecting the qualifications, examinations and classificationsof power engineers, inspecting power engineers, pressure welders, boiler andrefrigeration plant operators and contractors, and

(e) to perform any other duties that the minister or director requests.

(2) The advisory committee is composed of the members appointed by the minister.

(3) The members hold office for a term, of not longer than 3 years, set by the minister.

(4) A member who is not a public service employee within the meaning of the Public ServiceAct must be reimbursed for reasonable out of pocket travelling and other expenses incurredin discharging the member's duties.

(5) The members must each year elect from among their members a chair, vice chair andsecretary.

(6) Persons necessary to carry on the business of the advisory committee may be appointedunder the Public Service Act.

RS1996-368-24.



PART 11 – Appeals and Power Engineers and Boiler andPressure Vessel Safety Appeal Board

Appeals to director

25. (1) A person who is served with written notice of a decision, order or ruling of an inspectingpower engineer, other than a decision, order or ruling of the director, may appeal thedecision, order or ruling to the director within 30 days after the date the person is served.

(2) Any other person may, with leave of the director, appeal a decision, order or ruling of aninspecting power engineer, other than a decision, order or ruling of the director, to thedirector within 30 days after the date the decision, order or ruling was made.

(3) Written notice under this section or section 27 is conclusively deemed to be served if sentby registered mail to the last known address of the person.

(4) If service of written notice is by registered mail under this section or section 27, the noticeis conclusively deemed to be served on the 14th day after deposit of the notice in theCanada Post Office at any place in Canada.

(5) On an appeal under this section, the director must review and must, by order, confirm, varyor reverse the inspecting power engineer's decision, order or ruling from which the appealis made.

RS1996-368-25.

Appeal board continued

26. (1) The Power Engineers and Boiler and Pressure Vessel Safety Appeal Board is continued.

(2) The appeal board is composed of the members appointed by the minister.

(3) The minister may designate from among the members a chair and one or more persons asvice chair.

(4) The members hold office for a term, of not longer than 3 years, set by the minister.

(5) A member who is not a public service employee within the meaning of the Public ServiceAct(a) may be paid remuneration set by the Lieutenant Governor in Council, and

(b) must be reimbursed for reasonable out of pocket travelling and other expensesincurred in discharging the member's duties.

RS1996-368-26.

Appeal from decision of director

27. (1) A person who is served with written notice of a decision, order or ruling of the director mayappeal to the appeal board within 30 days after the date the person is served with thewritten notice or a longer period permitted by the appeal board.

(2) Any other person may, with leave of the appeal board, appeal a decision, order or ruling ofthe director to the appeal board within 30 days after the date the person is served with thewritten notice or a longer period permitted by the appeal board.

RS1996-368-27.

Panels



28. (1) The chair of the appeal board may establish one or more panels of the appeal board.

(2) A panel has the power and authority of the appeal board for matters referred to a panel bythe chair or coming before the panel under the rules of the appeal board.

(3) Two or more panels may proceed with separate matters at the same time.

(4) The chair of the appeal board may

(a) refer a matter that is before the appeal board to a panel, or

(b) refer a matter that is before a panel to the appeal board or another panel.

(5) A panel of the appeal board consists of the chair or a vice chair of the appeal board and 2 ormore other members of the appeal board.

(6) The chair of the appeal board may

(a) terminate an appointment to a panel, and

(b) fill any vacancy on a panel.RS1996-368-28.

Quorums

29. A quorum

(a) of the appeal board is 1/2 of the members of the appeal board, of whom one must bethe chair or a vice chair of the appeal board, and

(b) of a panel is the chair or a vice chair of the appeal board and 2 other members of thepanel.

RS1996-368-29.

Meetings

30. (1) The chair of the appeal board must preside at meetings of the appeal board and of all panelsof which he or she is a member.

(2) A vice chair must preside over all other panels.

(3) If there is no majority decision of the appeal board or a panel, the decision of the presidingchair is the decision of the appeal board or panel.

RS1996-368-30.

How an appeal is heard

31. (1) In this section, "parties" means the appellant and the director.

(2) Unless the parties to an appeal agree otherwise, the appeal board must hear an appeal byholding a hearing at which both parties are entitled to be heard.

(3) If the parties to an appeal agree to hear an appeal in a manner other than under subsection(2), the appeal board may hear the appeal in the agreed manner.

RS1996-368-31.

Inquiry Act

32. For the purposes of this Act, the appeal board and each of its members has the protection,privileges and powers of a commissioner under sections 12, 15 and 16 of the Inquiry Act.

RS1996-368-32.



Power of appeal board

33. On hearing an appeal, the appeal board

(a) must confirm, vary or reverse the decision, order or ruling of the director, and

(b) may order the appellant or any other person to comply with its decision.RS1996-368-33.



PART 12 – Miscellaneous

Evidence

34. In any proceeding, a copy of a certificate of inspection or an interim certificate ofinspection, signed by an inspecting power engineer, is evidence of the statements containedin it, without proof of the signature or the official character of the person appearing to havesigned the copy.

RS1996-368-34.

Power to make regulations

35. (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of theInterpretation Act.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulationsas follows:(a) respecting the installation, inspection, operation, condition, alteration, maintenance,

transportation, repair, testing, sale and exchange of boilers, pressure vessels, pressurepiping systems, fittings, plants and refrigeration equipment;

(b) respecting the design, including the approval and registration of designs andspecifications, of boilers, pressure vessels, pressure piping systems, fittings, plantsand refrigeration equipment;

(c) respecting the construction, including the materials to be used in construction, themethod of construction, the tests that are applied before, during or after construction,and the marking or stamping, of boilers, pressure vessels, pressure piping systems,fittings, plants and refrigeration equipment;

(d) respecting the inspection and investigation of boilers, pressure vessels, pressurepiping systems, fittings, plants and refrigeration equipment;

(e) respecting the apprenticeship, certification, classification and necessaryqualifications of power engineers, boiler operators, refrigeration operators, pressurewelders and contractors;

(f) establishing classes of interim, temporary, provisional and final certificates ofcompetency for power engineers, boiler operators, refrigeration operators, pressurewelders or other categories of people working in plants;

(g) respecting the functions and duties of a holder of any certificate of competency;

(h) respecting the powers and duties of power engineers, or any class of powerengineers, boiler operators, refrigeration operators, pressure welders and contractors;

(i) respecting

(i) the writing of examinations for certifications,

(ii) the issue of a certificate of competency, or

(iii) the granting of approval for apprenticeship;

(j) requiring a chief engineer, a shift engineer and any other person who is working in aprescribed plant, to have the certificate of competency required;

(k) requiring the payment of a fee and expenses for anything that is done under sections4, 5, 6, 11, 14, 16, 22 and 23 of this Act or the regulations and respecting therefunding of fees paid;

(l)



respecting the issue, renewal, loss, return, suspension and revocation of a certificateof inspection, interim certificate of inspection or any class of permit, licence orcertificate of competency;

(m) respecting the safety and operation of chemical recovery boilers;

(n) adopting by reference, with or without modification, any code of, or standard set by,

(i) the Canadian Standards Association,

(ii) the American National Standards Institute,

(iii) the American Society of Mechanical Engineers, or

(iv) any other association or code making body, if the code relates to pressurepiping systems, compressed gas systems, pipings and fittings and otherequipment used in connection with them,

and may, in adopting a code or standard,

(v) designate "the authority having jurisdiction" or "approving authority" andgrant to the designate the powers and duties necessary to administer the codeadopted, and

(vi) adopt the code or standard as amended from time to time;

(o) respecting the licensing of contractors and other persons for the installation,construction, alteration and repair of boilers, pressure vessels, pressure pipingsystems, fittings, plants and refrigeration equipment;

(p) respecting the welding of boilers, pressure vessels and pressure piping systems,fittings and refrigeration equipment;

(q) respecting the reporting of anything concerning the safety of a plant havingequipment to which this Act applies;

(r) respecting the reporting of anything concerning the safety of a plant havingequipment to which this Act applies;

(s) granting to the director and inspecting power engineer the powers necessary toadminister the regulations;

(t) respecting the keeping of records by the owner or person in charge of a plant or aclass of plant;

(u) determining who may repair and on what conditions a person may repair equipmentto which this Act applies.

RS1996-368-35.

Offences

36. (1) A person who contravenes section 6, 8, 9, 11 (3) or (4), 12 to 15 or 17 to 22 or contravenesan order of an inspecting power engineer, a person carrying out an investigation undersection 23 or the appeal board, commits an offence.

(2) If a person fails to comply with the sections referred to in subsection (1) or an order of aninspecting power engineer, a person carrying out an investigation under section 23 or theappeal board for more than one day, each day that the person so fails constitutes a separateoffence.

(3) If a corporation commits an offence under this Act, an officer, director or agent of thecorporation who authorized, permitted or acquiesced in the offence commits an offence.

(4) If the installation or alteration of

(a) refrigeration equipment or a pressure vessel in a refrigeration plant, or



(b) a boiler.

is started in contravention of section 14 (3), the contractor or, if there is no contractor forthe installation or alteration, the person who is allowed to apply for a permit under theregulations, commits an offence.

RS1996-368-36.

Limitation on prosecution

37. An information for an offence under this Act or the regulations must not be laid more thanone year after the commission of the offence.

RS1996-368-37.



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