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Regulation number	Title
2011, c.144	Electrical Installation and Inspection Act

Under section 11 of the Electrical Installation and Inspection Act, the Lieutenant-Governor in Council makes the following Regulation:

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1This Regulation may be cited as the Lightning Protection System Regulation - Electrical Installation and Inspection Act.

2In this Regulation

“Act” means the Electrical Installation and Inspection Act;(loi)

“agent” means a person holding a valid agent’s licence issued or renewed under this Regulation;(représentant)

“attempt to dispose of” means to offer for sale, display, advertise, promote or make an attempt to convey;(tenter d’aliéner)

“Code” means the CSA Standard B72-M87-Installation Code for Lightning Protection Systems;(Code)

“Department” Repealed: 85-159

“dispose of” means to sell, lease, rent, lend, give away or transfer title, ownership or possession;(aliéner)

“existing installation” means any lightning protection system installed before the coming into force of this Regulation;(installation existante)

“licensee” means a person holding a valid agent’s licence or a valid supplier’s licence issued or renewed under this Regulation;(titulaire)

“lightning protection system” means a lightning rod as defined in the Act;(dispositif de protection contre la foudre)

“new installation” means any lightning protection system installed after the coming into force of this Regulation;(nouvelle installation)

“owner” means a person who has the responsibility and control of a building or a lightning protection system;(propriétaire)

“supplier” means a person holding a valid supplier’s licence issued or renewed under this Regulation.(fournisseur)

85-159; 87-154

LICENCES

3(1)Upon application in the prescribed form, the Chief Electrical Inspector may issue the following licences:

(a) a supplier’s licence; and

(b) an agent’s licence.

3(2)Upon application in the prescribed form, the Chief Electrical Inspector may renew a supplier’s licence or an agent’s licence issued or renewed under this Regulation.

3(3)Every supplier’s licence or agent’s licence expires one year from the date of issue or renewal.

4The Chief Electrical Inspector may suspend or revoke a supplier’s licence or an agent’s licence issued or renewed under this Regulation if there is evidence of:

(a) repeated infractions of this Regulation;

(b) inadequate supervision at the installation site;

(c) incompetence and negligence by a licensee in the performance of his work;

(d) the licensee’s having obtained his licence through misrepresentation or fraud;

(e) the licensee’s failure to pay a prescribed charge;

(f) the licensee’s failure to comply with an order for change of a new installation or an existing installation found unacceptable by an inspector; or

(g) the licensee’s having completed a new installation or altered an existing installation without reporting it to the Chief Electrical Inspector within the time prescribed in subsection 9(1).

5Every licensee shall, upon demand, present his licence to an inspector.

6(1)Subject to sections 7 and 10, no person shall attempt to dispose of, dispose of, install, alter or maintain a lightning protection system or any part thereof unless he holds a valid supplier’s licence.

6(2)A supplier’s licence may be issued to a person who has:

(a) registered by affidavit, with the Chief Electrical Inspector, that all equipment for lightning protection systems which he intends to dispose of in this Province shall conform to the requirements of the Code; and

(b) paid the prescribed charge for the licence.

7(1)Subject to sections 6 and 10, no person shall attempt to dispose of, dispose of, install, alter or maintain a lightning protection system or any part thereof unless he holds a valid agent’s licence.

7(2)An agent’s licence may be issued to a person who has:

(a) been appointed in writing by a licensed supplier;

(b) satisfied the Chief Electrical Inspector that he is a resident of the Province;

(c) satisfied the Chief Electrical Inspector that he is qualified to install, alter or maintain a lightning protection system or any part thereof according to the supplier’s requirements and according to the Code; and

(d) paid the prescribed charge for the licence.

8A supplier or an agent shall be responsible for the proper supervision at the installation site of all persons employed by him to install a lightning protection system and he shall remain on site or be readily available at all times during the installation of the lightning protection system.

REPORTING OF NEW INSTALLATIONS AND EXISTING INSTALLATIONS

9(1)Within ten days of the completion of a new installation or the alteration of an existing installation, the licensee shall complete the prescribed form for reporting the new installation or the existing installation and distribute it to

(a) the Chief Electrical Inspector,

(b) the owner, and

(c) the supplier, where the agent installs the new installation or alters the existing installation,

and retain a copy of the form.

9(2)The prescribed form for reporting a new installation or an existing installation shall be supplied by the Chief Electrical Inspector, upon demand, to a supplier or an agent upon payment of the charge prescribed by subsection 17(4).

9(3)The inspection charge prescribed by subsection 17(3) shall be forwarded to the Chief Electrical Inspector together with the form for reporting the new installation or the existing installation.

PERMITS

10(1)The Chief Electrical Inspector may grant a permit to install a lightning protection system to any person if

(a) he is the owner or occupant of the building to be protected by the lightning protection system,

(b) he submits a sketch or specifications of the proposed lightning protection system,

(c) the lightning protection system is of the type and manufacture supplied by a licensed supplier, and

(d) he pays the prescribed inspection charge.

10(2)When a permit is granted, the Chief Electrical Inspector shall issue the prescribed form for reporting the lightning protection system and the holder of the permit shall complete the form and forward it to the Chief Electrical Inspector.

INSPECTIONS AND RE-INSPECTIONS

11(1)The Chief Electrical Inspector may assign an inspector to inspect or re-inspect any existing installation notwithstanding the issue of a certificate of inspection.

11(2)Any person may make a written request to the Chief Electrical Inspector for the inspection or re-inspection of an existing installation if

(a) he is the owner or occupant of the building, and

(b) he pays the prescribed charge for the inspection or re-inspection.

12(1)When an inspector has completed the inspection or re-inspection of a new installation or an existing installation,

(a) if the new installation or the existing installation is acceptable to the inspector, he shall recommend to the Chief Electrical Inspector that a certificate of inspection be issued, or

(b) if the new installation or the existing installation is not acceptable to the inspector because it does not meet the requirements of the Act or this Regulation, he may issue an order under subsection 5(3) of the Act to the licensee or the owner and the order shall state the reason why the installation is not acceptable.

12(2)A new installation or an existing installation which is not acceptable to the inspector under paragraph (1)(b) and for which an order has been issued under subsection 5(3) of the Act shall be re-inspected by the inspector to determine whether the order has been complied with and when, in the opinion of the inspector, the order has been complied with, he shall recommend to the Chief Electrical Inspector that a certificate of inspection be issued.

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CERTIFICATE OF INSPECTION

13The Chief Electrical Inspector shall issue a certificate of inspection

(a) to the owner, and one copy to the licensee, for any new installation, or

(b) to the owner for any existing installation

which has been inspected or re-inspected and found acceptable by an inspector and for which all inspection and re-inspection charges have been received.

IDENTIFICATION OF NEW INSTALLATIONS AND EXISTING INSTALLATIONS

14When the Chief Electrical Inspector issues a certificate of inspection for a new installation or an existing installation, an inspector shall install a nameplate identifying the new installation or the existing installation.

FORMS

15The Chief Electrical Inspector may

(a) prescribe forms considered necessary for the proper administration of the Act and this Regulation, and

(b) modify any form made pursuant to paragraph (a).

CODE

16(1)Subject to subsection (2), every lightning protection system or any part thereof shall conform to the requirements of the Code.

16(2)Where there is a conflict between the Code and this Regulation, this Regulation shall govern.

CHARGES

17(1)The charge for a supplier’s licence or for renewal of a supplier’s licence is $200.00.

17(2)The charge for an agent’s licence or for renewal of an agent’s licence is $100.00.

17(3)The charge for an inspection or reinspection is $100.00 per hour or any part of an hour, with a minimum charge of $100.00.

17(4)Repealed: 2003-63

17(5)All charges are payable to the Minister of Finance and Treasury Board.

84-92; 88-59; 89-23; 97-12; 98-24; 2003-63; 2019, c.29, s.45

18Regulation 76-141 under the Electrical Installation and Inspection Act is repealed.

N.B. This Regulation is consolidated to December 20, 2019.

82-215 - Lightning Protection System

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