Acts and Regulations

2011, c.122 - Boiler and Pressure Vessel Act

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Current to 1 January 2024
2011, c.122
Boiler and Pressure Vessel Act
Deposited May 13, 2011
INTERPRETATION
Definitions
1The following definitions apply in this Act.
“boiler” means a vessel in which steam is or may be generated or hot water produced under pressure, having a capacity of more than 3 cubic feet (0.085 cubic metres) and includes any pipe or fitting, prime mover, machinery or other equipment attached to it or used in connection with it, but does not include a boiler used solely for heating purposes in a building occupied for residential purposes by not more than four families.(chaudière)
“boiler inspector” means a boiler inspector appointed under this Act, but does not include an insurance boiler inspector.(inspecteur des chaudières)
“certificate of competency” means a valid certificate of competency issued under section 27.(certificat de capacité)
“Chief Inspector” means the Chief Boiler Inspector appointed under this Act.(inspecteur en chef)
“compressed gas” means natural gas, liquified petroleum gas, oxygen, acetylene, ammonia, chlorine or any other gas, whether in liquid, vapour or dissolved state, that is(gaz comprimé)
(a) explosive, flammable or toxic, and
(b) contained under pressure greater than atmosphere,
but does not include steam.
“Gas Board” means the Board of Examiners for Compressed Gas established under section 28.(bureau des examinateurs en matière de gaz)
“have charge of” , when used in relation to a heating plant or a power plant, means to have at all times while the heating plant or the power plant is in operation the duties of general supervision over the operation and maintenance of the heating plant or power plant and over power engineers engaged in the operation of the heating plant or power plant.(avoir la charge de)
“heating plant” means either a high pressure heating plant or a low pressure heating plant.(installation de chauffage)
“high pressure heating plant” means a boiler or two or more boilers on the same premises having a safety valve setting of more than 15 pounds per square inch (103 kilopascals) when the boiler is used for producing steam, or a safety valve setting of more than 160 pounds per square inch (1,100 kilopascals) when the boiler is used for producing hot water or when the temperature of the hot water produced is in excess of 250 degrees Fahrenheit (120 degrees Celsius).(installation de chauffage à haute pression)
“insurance boiler inspector” means a person who inspects boilers and pressure vessels for an insurance company licensed to transact boiler and machinery insurance under the Insurance Act.(inspecteur d’une compagnie d’assurances)
“low pressure heating plant” means a boiler or two or more boilers on the same premises having a safety valve setting of not more than 15 pounds per square inch (103 kilopascals) when the boiler is used for producing steam, or a safety valve setting of not more than 160 pounds per square inch (1,100 kilopascals) when the boiler is used for producing hot water at a temperature of not more than 250 degrees Fahrenheit (120 degrees Celsius).(installation de chauffage à basse pression)
“Minister” means the Minister of Public Safety and includes any person designated by the Minister under section 3 to act on the Minister’s behalf.(ministre)
“operate” , when used in relation to a heating plant or a power plant, means to operate, manipulate, observe and check manual, mechanical, automatic and remote controls and equipment in connection with a heating plant or power plant, but does not include to have charge of a heating plant or power plant.(faire fonctionner)
“Power Engineers Board” means the Board of Examiners for Power Engineers established under section 4.(bureau des ingénieurs spécialisés en force motrice)
“power plant” means a boiler or two or more boilers on the same premises together with their accessories, from which the steam produced is used to provide motive power for an engine or turbine or two or more engines or turbines or a combination of them.(installation de production d’énergie)
“pressure piping system” means pipes, tubes, conduits, fittings, gaskets, bolting and other components making up a system, the sole purpose of which is the conveyance of an expansible fluid under pressure and the control of the flow of an expansible fluid under pressure between two or more points.(tuyauterie sous pression)
“pressure vessel” means a vessel or other apparatus, other than a boiler, having a diameter of more than 6 inches (152 millimetres) and a capacity of more than 1.5 cubic feet (0.0425 cubic metres) that is or may be used for containing, storing, distributing, transferring, distilling, processing or otherwise handling gas, air or liquid at a pressure of more than 15 pounds per square inch (103 kilopascals), and includes a pressure retaining apparatus intended for and to be used in a nuclear system with a pressure differential of 5 pounds per square inch (34 kilopascals) or more, but does not include a hot water tank or pneumatic tank containing liquid with or without compressed air or a pressure vessel in a building occupied for residential purposes by not more than four families.(appareil à pression)
“steamfitter-pipefitter trade” includes(métier de tuyauteur-monteur de tuyaux à vapeur)
(a) the laying out, assembling, fabricating, installing, maintaining or repairing of piping used in connection with heating systems, cooling systems, process systems, industrial systems, pneumatic systems and gas systems but does not include piping used in connection with portable water or sewage systems or piping assembled or installed during the manufacture of equipment before delivery to a building, structure or site, and
(b) the interpreting of drawings, manufacturer’s literature and installation diagrams used in connection with the piping for a heating system, a cooling system, a process system, an industrial system, a pneumatic system or a gas system.
1976, c.B-7.1, s.1; 1983, c.14, s.1; 1983, c.30, s.4; 1986, c.8, s.16; 1986, c.17, s.1; 1992, c.2, s.8; 1998, c.3, s.1; 1998, c.41, s.13; 1999, c.9, s.1; 2000, c.26, s.28; 2016, c.37, s.23; 2019, c.2, s.21; 2020, c.25, s.13; 2022, c.21, s.3; 2022, c.28, s.5
GENERAL
This Act binds the Crown
2This Act binds the Crown.
1976, c.B-7.1, s.2
Administration
3The Minister is responsible for the administration of this Act and may designate one or more persons to act on the Minister’s behalf under this Act and the regulations.
1976, c.B-7.1, s.3; 1983, c.14, s.2
POWER ENGINEERS
Power Engineers Board
4(1)The Minister shall establish a Board of Examiners for Power Engineers consisting of not more than five members appointed by the Minister, each of whom shall be holders of a valid First Class Power Engineer’s Licence issued under this Act.
4(2)The Minister shall designate a chair from among the members of the Power Engineers Board.
4(3)The members of the Power Engineers Board may hold office for a term of three years and may be reappointed.
4(4)Every member of the Power Engineers Board while engaged in the performance of duties under this Act or the regulations shall be paid the fees for his or her services that are fixed by the Lieutenant-Governor in Council, together with necessary travelling expenses.
1976, c.B-7.1, s.4; 1983, c.14, s.4; 1986, c.17, s.2; 1999, c.9, s.3; 2022, c.21, s.3
Designation of examiners
5The Power Engineers Board may designate as examiners one or more persons who hold a valid First Class Power Engineer’s Licence issued under this Act.
1976, c.B-7.1, s.5; 1999, c.9, s.4
Examination
6(1)A Power Engineers Board member or an examiner may examine qualified candidates for any class of power engineer’s licence provided for by or under this Act.
6(2)The Power Engineers Board shall provide the examination to be given to a candidate for any class of power engineer’s licence and shall establish the degree of competency that a candidate shall display to successfully pass the examination.
1976, c.B-7.1, s.6; 1983, c.14, s.6; 1999, c.9, s.5
Issuance of licence
7If a candidate for any class of power engineer’s licence successfully passes his or her examination for that class and complies with the regulations respecting the qualifications of candidates, the Power Engineers Board shall issue to that candidate a power engineer’s licence for the class examined.
1976, c.B-7.1, s.7; 1983, c.14, s.7; 1999, c.9, s.6
Operation of heating or power plant
8(1)Except as provided for by or under this Act, no owner, lessee or employer shall permit a person to operate or have charge of a heating plant or a power plant who is not the holder of a power engineer’s licence of the class established for that plant by the regulations.
8(2)No owner, lessee or employer shall permit or cause the holder of a power engineer's licence to engage during working hours while operating or having charge of a heating plant or power plant in any labour or pursuit not immediately connected with that operation that would interfere with the safe operation of the heating plant or power plant.
8(3)Except as provided for by or under this Act, no person shall operate or have charge of a heating plant or power plant unless that person is the holder of a power engineer’s licence of the class established for that plant by the regulations.
8(4)When any other province, state or country recognizes a power engineer's licence issued under this Act as authority to its holder to operate or have charge of heating plants or power plants in that province, state or country, the Power Engineers Board, on payment of the prescribed fee, may grant to the holder of a licence issued by that province, state or country a similar power engineer's licence to have charge of heating plants or power plants in this Province.
1976, c.B-7.1, ss.8(1)-(3), (5); 1983, c.14, s.8; 1999, c.9, s.7
Form of licence
9A power engineer's licence shall be in the form and contain the information that the Power Engineers Board requires.
1976, c.B-7.1, ss.8(4)
Suspension or cancellation of licence
10The Power Engineers Board may suspend or cancel a power engineer's licence if it is satisfied that the licensee has done any of the following:
(a) obtained his or her power engineer's licence through misrepresentation or fraud;
(b) proven to be incompetent or grossly negligent in the discharge of his or her duties;
(c) permitted some other person to act under authority of his or her power engineer's licence;
(d) during working hours while operating or having charge of a heating plant or power plant, the licensee engaged in any labour or pursuit not immediately connected with that operation that would interfere with the safe operation of the heating plant or power plant;
(e) operated or had charge of a heating plant or power plant that by his or her power engineer's licence he or she was not authorized to operate or have charge of;
(f) been convicted of an offence under this Act or the regulations; or
(g) been guilty of an act of impropriety in connection with his or her duties while acting under authority of his or her power engineer's licence.
1976, c.B-7.1, s.10; 1983, c.14, s.9; 1999, c.9, s.8
Appeals
11When a power engineer's licence is suspended or cancelled by the Power Engineers Board, the licensee may appeal the decision to the Minister, who may uphold, vary or revoke the suspension or cancellation.
1976, c.B-7.1, s.11; 1983, c.14, s.10; 1999, c.9, s.9
BOILER AND PRESSURE VESSELS
Chief Inspector and boiler inspectors
12(1)The Minister may appoint a Chief Boiler Inspector and one or more boiler inspectors for the purpose of carrying out the provisions of this Act and the regulations.
12(2)When appointing a boiler inspector under this section other than the Chief Boiler Inspector, the Minister may authorize the boiler inspector to exercise the powers and perform the duties under the provisions of the Electrical Installation and Inspection Act, the Elevators and Lifts Act and the Plumbing Installation and Inspection Act, or any regulation under those Acts, that the Minister may specify in the appointment.
12(3)A document signed by the Minister, or bearing a signature purporting to be that of the Minister, pertaining to an appointment under this section may be adduced in evidence without proof of the appointment, authority or signature of the Minister, and when so adduced, in the absence of evidence to the contrary, is proof of the matters stated in the document.
1976, c.B-7.1, s.12; 1984, c.35, s.1; 1996, c.2, s.1
Prohibition re use of boiler or pressure vessel
13(1)No person shall use a boiler or pressure vessel unless that person is the holder of a valid certificate issued by the Chief Inspector certifying that a boiler inspector has inspected the boiler or pressure vessel and approves of it as being safe for use or operation.
13(2)A certificate issued under subsection (1) is valid for the time that is prescribed by regulation.
1976, c.B-7.1, s.13; 1986, c.17, s.3; 1998, c.3, s.2
Inspection of boiler or pressure vessel
14Despite that a boiler or pressure vessel has been inspected, a boiler inspector may at any time inspect a boiler or pressure vessel.
1976, c.B-7.1, s.14
Installation of boiler or pressure vessel
15When a boiler or pressure vessel is being installed and before it is put into operation, the operator shall have it inspected by a boiler inspector regardless of whether it is insured.
1976, c.B-7.1, s.15
Examinations, inquiries and investigations
16For the purpose of carrying out the provisions of this Act, a boiler inspector may
(a) enter on and examine any building or premises where he or she has reason to believe a boiler or pressure vessel is being installed or operated,
(b) make the examination and inquiries that he or she considers necessary for the purpose of ascertaining whether the provisions of this Act are being complied with, and
(c) make any investigation as he or she considers necessary into the cause and particulars of an accident occurring in a building or premises and, in conducting an investigation, the inspector may examine any person whom he or she believes to have knowledge of the accident.
1976, c.B-7.1, s.16
Powers of boiler inspectors
17A boiler inspector may require the owner, or other person responsible for, or in charge of, a boiler or pressure vessel
(a) to prepare a boiler or pressure vessel for inspection in the manner that the boiler inspector requires and to supply water for and to assist in making any test,
(b) to cut or drill holes in a boiler or pressure vessel, or to use any other method to enable the boiler inspector to determine the thickness and condition of the plates,
(c) to steam up, put under pressure or otherwise put into operation a boiler or pressure vessel so that the boiler inspector may test the safety valves or any part of the installation under operating conditions, and
(d) to extinguish the fire in a boiler or to reduce the pressure in a boiler or pressure vessel to zero immediately, if the boiler inspector has reason to believe that it is in an unsafe condition, and that it not be operated until made safe and approved by a boiler inspector.
1976, c.B-7.1, s.17
Compliance with inspector’s demand
18(1)No person shall without reasonable excuse fail or refuse to comply with a demand made to that person by an inspector under paragraph 17(a), (b) or (c).
18(2)No person shall without reasonable excuse fail or refuse to comply with a demand made to that person by an inspector under paragraph 17(d).
1983, c.14, s.11; 1990, c.61, s.17; 1996, c.79, s.3
Report of explosion
19When an explosion that causes damage to a boiler or pressure vessel occurs in connection with a boiler or pressure vessel, the owner or operator of the boiler or pressure vessel shall report it immediately to the Chief Inspector by telephone or telegraph, and, within 24 hours after its occurrence, shall send a report on it by mail to the Chief Inspector, stating the exact place at which the explosion occurred, the number of persons, if any, killed or injured by it and any other information required by the regulations.
1976, c.B-7.1, s.18
Certificate of inspection
20(1)Immediately on completing the inspection of a boiler or pressure vessel, the boiler inspector or the insurance boiler inspector, as the case may be, shall issue a certificate in the form prescribed by the Chief Inspector containing the information that he or she considers necessary, to be filed on the premises where the boiler or pressure vessel is located.
20(2)No person other than a boiler inspector or an insurance boiler inspector, as the case may be, or the Chief Inspector shall deface, alter, destroy or remove from the premises a certificate issued under subsection (1).
1976, c.B-7.1, s.19
Safety valves
21When making an inspection of a boiler or pressure vessel, a boiler inspector or an insurance boiler inspector may set and seal the safety valves.
1976, c.B-7.1, s.20
Seals
22No person other than a boiler inspector or an insurance boiler inspector shall remove, break or tamper with the seal or alter the setting of a safety valve as provided for in section 21 without the consent of a boiler inspector or insurance boiler inspector.
1976, c.B-7.1, s.21
Immunity
23(1)Nothing in this Act or the regulations renders a boiler inspector liable for injury, loss or damage caused to any person or property by reason of defects in equipment in a heating plant or power plant, or by reason of any tests when applied in accordance with the regulations to that equipment by a boiler inspector.
23(2)If any injury, loss or damage occurs to a person or property as a result of anything done or omitted to be done by a boiler inspector or the Chief Inspector in the performance of his or her duties under this Act or the regulations, the boiler inspector, the Chief Inspector and the Crown in right of the Province shall not be liable for the injury, loss or damage unless it occurs as a result of the negligence of the boiler inspector or the Chief Inspector.
1976, c.B-7.1, s.22; 1986, c.17, s.4
Working pressure of boiler or pressure vessel
24No person shall make repairs or alterations that may affect the working pressure of a boiler or pressure vessel without the authorization of the Chief Inspector.
1976, c.B-7.1, s.23
Duties of insurance companies
25(1)An insurance company licensed to transact boiler and machinery insurance under the provisions of the Insurance Act shall notify the Chief Inspector without delay of the name and address of a person who contracts for or cancels insurance on a boiler or pressure vessel operated in the Province, and shall also provide the Chief Inspector with a description of the boiler or pressure vessel.
25(2)An insurance company licensed to transact boiler and machinery insurance under the provisions of the Insurance Act shall forward to the Chief Inspector a copy of each report of its insurance boiler inspectors showing the information that the Chief Inspector requires.
1976, c.B-7.1, s.24, s.25
Prohibition re insurance boiler inspectors
26No insurance company licensed to transact boiler and machinery insurance under the provisions of the Insurance Act shall cause or permit any of its inspectors to inspect a boiler or pressure vessel within the Province unless that inspector meets the requirements prescribed by regulation and is the holder of a valid certificate of competency.
1976, c.B-7.1, s.26
Inspector’s certificate of competency
27(1)On application and on payment of the fees prescribed by regulation, the Chief Inspector shall issue a certificate of competency to a boiler inspector or an insurance boiler inspector who meets the requirements prescribed by regulation.
27(2)A certificate of competency expires on December 31 of the year for which it was issued.
27(3)On application, a certificate of competency shall be renewed by the Chief Inspector, if the applicant
(a) has been employed as a boiler inspector or as an insurance boiler inspector during the previous year,
(b) meets the requirements prescribed by regulation, and
(c) pays the fee prescribed by regulation.
1976, c.B-7.1, s.27
COMPRESSED GAS
Gas Board
28(1)The Minister shall establish a Board of Examiners for Compressed Gas for the purpose of examining persons applying for licences to
(a) install, repair, service or verify compressed gas burning appliances or equipment,
(b) operate trucks transporting compressed gas,
(c) operate compressed gas filling plants, or
(d) install, repair, service or verify a system for the distribution of compressed gas in or on a building or premises.
28(2)The Gas Board shall consist of not fewer than five members appointed by the Minister.
28(2.1)The Minister shall designate a chair from among the members of the Gas Board.
28(3)The members of the Gas Board may hold office for a term of three years and may be reappointed.
28(4)Every member of the Gas Board, other than an employee of the Province, while engaged in the performance of duties under this Act or the regulations shall be paid the fees for his or her services that are fixed by the Lieutenant-Governor in Council, together with necessary travelling expenses.
1983, c.14, s.12; 1986, c.17, s.5; 2022, c.21, s.3
Designation of examiners
29The Gas Board may designate examiners for the purpose of examining candidates for compressed gas licences.
1983, c.14, s.12; 1998, c.3, s.3
Examination
30(1)A member of the Gas Board or an examiner may examine qualified candidates for any class of compressed gas licence under this Act or the regulations.
30(2)The examination given to a candidate for any class of compressed gas licence and the degree of competency that a candidate shall display to successfully pass the examination shall be an examination and a degree of competency acceptable to the Gas Board.
1983, c.14, s.12; 1998, c.3, s.4
Issuance of licence
31(1)If a candidate for any class of compressed gas licence successfully passes his or her examination for that class and complies with the qualifications determined by the Gas Board, the Gas Board shall issue to that candidate a compressed gas licence for the class examined.
31(2)As soon as practicable after the qualifications are determined by the Gas Board under subsection (1), the Gas Board shall provide them to the Minister.
31(3)The Minister shall cause the qualifications to be made available to the public in the form and manner that the Minister considers appropriate.
31(4)The Regulations Act does not apply to a determination of the Gas Board under subsection (1).
31(5)A compressed gas licence shall be in the form and contain the information that the Gas Board requires.
1983, c.14, s.12; 2014, c.7, s.1
Suspension or cancellation of licence
32The Gas Board may suspend or cancel a compressed gas licence if it is satisfied that the licensee has done any of the following:
(a) obtained his or her compressed gas licence through misrepresentation or fraud;
(b) proven to be incompetent or grossly negligent in the discharge of his or her duties;
(c) permitted some other person to act under the authority of his or her compressed gas licence;
(d) been convicted of an offence under this Act or the regulations; or
(e) been guilty of an act of impropriety in connection with his or her duties while acting under the authority of his or her compressed gas licence.
1983, c.14, s.12
Appeals
33When a compressed gas licence is suspended or cancelled by the Gas Board, the licensee may appeal the decision to the Minister, who may uphold, vary or revoke the suspension or cancellation.
1983, c.14, s.12
Restrictions
34(1)No person shall sell, offer for sale, purchase, install on or in a building or premises occupied, operated or controlled by that person, use or permit to be used a device that utilizes compressed gas for fuel for the production of heat or steam unless the design and construction of the device have been approved in accordance with the regulations.
34(2)No person shall install in or on a building or premises a device that utilizes compressed gas for fuel for the production of heat or steam unless
(a) that person holds a valid and subsisting compressed gas licence authorizing that person to install those devices, and
(b) a permit for that installation has been issued in accordance with the regulations.
34(3)No person shall service or repair a device that utilizes compressed gas for fuel for the production of heat or steam unless that person holds a valid and subsisting compressed gas licence authorizing that person to do so.
34(4)Subsections (2) and (3) do not apply to the small or portable devices specified in the regulations.
34(5)No person shall install or service a system for the distribution of compressed gas in or on a building or premises from a point of supply or storage to a point of utilization except in accordance with the regulations and unless that person holds a valid and subsisting compressed gas licence authorizing that person to do so.
34(6)No person shall keep, store, distribute, deliver or dispose of a compressed gas unless the place used for keeping, storing, distributing, delivering or disposing of compressed gas complies with the minimum standards prescribed by regulation.
34(7)No person shall operate a truck transporting compressed gas unless that person holds a valid and subsisting licence authorizing that person to do so.
34(8)No person shall operate a compressed gas filling plant unless that person holds a valid and subsisting licence authorizing that person to do so.
1983, c.14, s.12
STEAMFITTERS-PIPEFITTERS
Steamfitter-pipefitter licence
35(1)On application and on payment of the prescribed fee, the Chief Inspector shall issue a steamfitter-pipefitter licence to a person who
(a) holds a certificate of qualification as a steamfitter-pipefitter issued under the Apprenticeship and Occupational Certification Act, and
(b) meets the requirements prescribed by regulation.
35(2)A steamfitter-pipefitter licence shall be in the form and contain the information that the Chief Inspector requires.
35(3)A steamfitter-pipefitter licence shall be valid for one year from its date of issue.
35(4)A holder of a steamfitter-pipefitter licence shall produce the licence for inspection when requested to do so by a boiler inspector or the Chief Inspector.
1986, c.17, s.6; 1998, c.3, s.5; 1999, c.9, s.10
Suspension of licence
36The Chief Inspector may suspend a steamfitter-pipefitter licence if the Chief Inspector is satisfied that the licensee has done any of the following:
(a) obtained his or her steamfitter-pipefitter licence through misrepresentation or fraud;
(b) proven to be incompetent or grossly negligent in the discharge of his or her duties;
(c) permitted some other person to act under authority of his or her steamfitter-pipefitter licence;
(d) been convicted of an offence under this Act or the regulations; or
(e) been guilty of an act of impropriety in connection with his or her duties while acting under authority of his or her steamfitter-pipefitter licence.
1986, c.17, s.6
Appeals
37When a steamfitter-pipefitter licence is suspended by the Chief Inspector under section 36, the licensee may appeal the decision to the Minister, who may uphold, vary or revoke the suspension.
1986, c.17, s.6
Restrictions
38(1)No person shall carry on the steamfitter-pipefitter trade in connection with a pressure piping system that incorporates a power plant or a high pressure heating plant unless that person
(a) holds a steamfitter-pipefitter licence issued under this Act, or
(b) is registered as an apprentice in the steamfitter-pipefitter occupation under the Apprenticeship and Occupational Certification Act and is working under the direct supervision of the holder of a steamfitter-pipefitter licence issued under this Act.
38(2)No employer shall employ a person to carry on the steamfitter-pipefitter trade in connection with a pressure piping system which incorporates a power plant or a high pressure heating plant unless that person satisfies the requirements set out in paragraph (1)(a) or (b).
38(3)No owner or occupier of premises shall permit a person to carry on the steamfitter-pipefitter trade in connection with a pressure piping system situated on the premises which incorporates a power plant or a high pressure heating plant unless that person satisfies the requirements set out in paragraph (1)(a) or (b).
38(4)Despite subsections (1), (2) and (3), a person may carry out repair and maintenance work necessary for the daily operation of a pressure piping system that incorporates a power plant or a high pressure heating plant if that person
(a) holds a power engineer's licence issued under this Act, a welder’s certificate issued under the regulations or a certificate of qualification in the industrial instrument mechanic occupation or the industrial mechanic (millwright) occupation issued under the Apprenticeship and Occupational Certification Act, and
(b) is an employee of the owner or occupier of the premises on which that pressure piping system is situated.
1986, c.17, s.6; 1999, c.9, s.10
OFFENCES AND PENALTIES
Offences and penalties
39(1)A person who violates or fails to comply with a provision of the regulations commits an offence.
39(2)A person who violates or fails to comply with a provision of this Act that is listed in Column I of Schedule A commits an offence.
39(3)For the purposes of Part 2 of the Provincial Offences Procedure Act, each offence listed in Column I of Schedule A is punishable as an offence of the category listed beside it in Column II of Schedule A.
39(4)When an offence under this Act continues for more than one day,
(a) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues, and
(b) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act multiplied by the number of days during which the offence continues.
1976, c.B-7.1, s.28; 1990, c.61, s.17
REGULATIONS
Regulations
40The Lieutenant-Governor in Council may make regulations
(a) respecting the registration of boiler and pressure vessel designs;
(b) respecting the construction, installation, inspection, testing, maintenance and operation of
(i) boilers and pressure vessels in general and
(ii) in particular, pressure vessels used in storing, distributing or utilizing compressed gas, despite any general provision in the Act or other regulations with which it is inconsistent;
(c) respecting the storage, distribution and utilization of compressed gas;
(d) respecting the licensing of persons, firms and corporations engaged in storing and distributing compressed gas;
(e) respecting the licensing of persons engaged in the steamfitter-pipefitter trade;
(f) respecting the certification of welders;
(g) respecting the licensing of persons working with compressed gas or equipment used in connection with it;
(h) respecting the issuance, suspension and cancellation of permits;
(i) requiring the production, on demand by an inspector, of a licence, permit or certificate issued under this Act or the regulations;
(j) specifying devices to which subsections 34(2) and (3) do not apply;
(k) respecting the reporting of gas accidents or incidents;
(l) authorizing the Chief Inspector to formulate rules adding to or modifying standards imposed under this Act and the regulations if, in the opinion of the Chief Inspector, special circumstances render desirable the addition or modification;
(m) respecting fees
(i) for the registration of designs pursuant to regulations made under paragraph (a),
(ii) for the inspection and testing of boilers and pressure vessels pursuant to the regulations made under paragraph (b),
(iii) for the licensing of persons, firms and corporations pursuant to the regulations made under paragraph (d),
(iv) for the certification of persons pursuant to the regulations made under paragraph (f),
(v) for permits,
(vi) for the licensing of persons pursuant to the regulations made under paragraph (g), and
(vii) for the inspection of compressed gas equipment pursuant to the regulations made under subparagraph (b)(ii);
(n) designating heating plants or power plants or classes of heating plants or power plants to which this Act does not apply;
(o) prescribing requirements respecting a heating plant or power plant or class of heating plants or power plants, and the operation of a heating plant or power plant or class of heating plants or power plants;
(p) respecting the duties of a person operating a heating plant or power plant or of a person in charge of a heating plant or power plant;
(q) classifying heating plants or power plants, specifying any factor required to be taken into account in rating a heating plant or power plant and specifying the class of licence required to operate or have charge of a heating plant or power plant or class of heating plants or power plants;
(r) specifying the proofs required in support of an application for a licence;
(s) prescribing the qualifications of persons for the issuance of licences;
(t) respecting the classes of licences to be issued and specifying the conditions for issue and renewal of them;
(u) specifying the information required to be furnished to the Chief Inspector by an owner, lessee, employer or operator;
(v) prescribing requirements in addition to the requirements of this Act regarding the issuance of certificates of competency;
(w) specifying the various fees payable by an applicant for a licence, certificate of competency or examination;
(x) governing the registration of heating plants or power plants and the fees required for that registration;
(y) generally, for the better administration of this Act.
1976, c.B-7.1, s.29; 1983, c.14, s.13; 1986, c.17, s.7; 1996, c.2, s.2
SCHEDULE A
Column I
Provision
Column II
Category of Offence
  8(1)..............
F
  8(2)..............
I
  8(3)..............
E
13(1)..............
E
15..............
E
18(1)..............
E
18(2)..............
J
19..............
E
20(2)..............
C
22..............
F
24..............
H
26..............
E
34(1)..............
F
34(2)..............
F
34(3)..............
F
34(5)..............
F
34(6)..............
F
34(7)..............
F
34(8)..............
F
38(1)..............
E
38(2)..............
E
38(3)..............
E
39(1)..............
B
1990, c.61, s.17
N.B. This Act was proclaimed and came into force September 1, 2011.
N.B. This Act is consolidated to June 10, 2022.