Acts and Regulations

2011, c.144 - Electrical Installation and Inspection Act

Full text
Current to 16 June 2023
2011, c.144
Electrical Installation and Inspection Act
Deposited May 13, 2011
Definitions
1The following definitions apply in this Act.
“consumer” means any corporation, commission, company, person or association of persons, their lessees, trustees, liquidators or receivers utilizing electrical power or energy directly for heat, light or power or any other purpose either directly or indirectly. (consommateur)
“electrical installation” means the wires, machinery, apparatus, appliances, devices, material and equipment used in, on or about a building, structure or premises by a consumer for the use of electrical power or energy, but does not include the wires, machinery, apparatus, appliances, devices, material and equipment used in the carrying out of any of the following work or services:(installation électrique)
(a) motor rewinding;
(b) repairing radios and other electronic equipment;
(c) installing or maintaining electrical conductors or equipment in aircrafts, ships, rolling stock of railways or automotive equipment;
(d) generating or distributing electrical energy by a corporation or person as a principal business;
(e) constructing or maintaining telephone, telegraph or other systems of communication;
(f) installing a boiler that is within the scope of the Boiler and Pressure Vessel Act; or
(g) installing an elevating device that is within the scope of the Elevators and Lifts Act.
“electrical work” includes the installation of lightning protection systems. (travaux d’électricité)
“inspector” means an inspector appointed under this Act and includes the Chief Electrical Inspector. (inspecteur)
“lightning protection system” means a complete system of air terminals, conductors, ground terminals, interconnecting conductors, arresters and other conductors or fittings required to complete the system. (dispositif de protection contre la foudre)
“Minister” means the Minister of Public Safety and includes any person designated by the Minister to act on the Minister’s behalf.(ministre)
“supply authority” means any corporation or person that produces, transmits, delivers or furnishes electrical power or energy to or for a consumer. (distributeur d’électricité)
1976, c.E-4.1, s.1; 1982, c.3, s.17; 1983, c.28, s.1; 1983, c.30, s.6; 1986, c.8, s.34; 1986, c.30, s.1; 1992, c.2, s.15; 1996, c.3, s.1; 1998, c.41, s.41; 2000, c.26, s.97; 2008, c.41, s.1; 2016, c.37, s.54; 2019, c.2, s.41; 2020, c.25, s.41; 2022, c.4, s.1; 2022, c.28, s.14
This Act binds the Crown
2This Act binds the Crown.
1976, c.E-4.1, s.3
Standards
3(1)All electrical installations and lightning protection systems and all electrical work performed in the Province shall conform to the standards prescribed by regulation.
3(2)No person shall perform electrical work except in accordance with this Act and the regulations.
1976, c.E-4.1, s.4; 1983, c.28, s.2
Agreement re issuance of permits
2022, c.4, s.2
3.1The Minister may enter into an agreement with a supply authority to issue wiring permits or special wiring permits on behalf of the Minister.
2022, c.4, s.2
Prior permits
2022, c.4, s.2
3.2(1)Any wiring permit or special wiring permit issued before the commencement of this section by the New Brunswick Power Corporation shall be deemed to have been validly issued and is confirmed and ratified.
3.2(2)No action, application or any other proceeding to question or in which is questioned the validity of a permit referred to in subsection (1) or the authority of the New Brunswick Power Corporation to issue the permit, lies or shall be instituted against any of the following persons, if the New Brunswick Power Corporation acted in good faith in issuing the permit:  
(a) the Crown in right of the Province;
(b) the New Brunswick Power Corporation;
(c) the Minister;
(d) the Chief Electrical Inspector; and
(e) an inspector.
2022, c.4, s.2
Chief Electrical Inspector and inspectors
4(1)The Minister may appoint a Chief Electrical Inspector and one or more inspectors for the purpose of carrying out the provisions of this Act and the regulations.
4(2)In the appointment of an inspector under this section other than the Chief Electrical Inspector, the Minister may authorize the inspector to exercise the powers and perform the duties under the provisions of the Boiler and Pressure Vessel 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.
4(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 is, in the absence of evidence to the contrary, proof of the matters stated in the document.
1976, c.E-4.1, s.5; 1984, c.35, s.2; 1986, c.30, s.2; 1996, c.3, s.2
Inspections and orders
5(1)In accordance with the regulations, an inspector may enter, at all reasonable times, any lands, buildings or premises in the Province
(a) for the purpose of inspecting, reinspecting or condemning electrical installations and lightning protection systems or any electrical work and any alterations, modifications or additions to them, and
(b) to carry out an investigation under subsection 6(2).
5(2)A certificate signed or purporting to be signed by the Chief Electrical Inspector certifying that a document attached to it is a copy of the standards prescribed under this Act, or an extract from the standards, is, in the absence of evidence to the contrary, proof of the standards or extract without proof of the appointment, authority or signature of the Chief Electrical Inspector.
5(3)If an inspector is of the opinion that an electrical installation or lightning protection system does not conform to the standards prescribed under this Act or that the electrical work is not being performed or has not been performed in accordance with this Act or the regulations, the inspector may order the person to whom the order is directed
(a) to suspend the electrical work being done,
(b) to remove the supply of energy from the electrical installation or to remove the electrical installation or lightning protection system, or
(c) to make those changes that the inspector considers necessary in order to comply with this Act or the regulations.
5(4)An order given by an inspector under subsection (3) takes effect in accordance with the terms specified in it and continues in force until, in the opinion of the inspector, the order has been complied with.
5(5)A person named in an order given by an inspector under subsection (3) may appeal the order by application to the Chief Electrical Inspector, who may uphold, vary, revoke or suspend the order appealed from.
1976, c.E-4.1, s.6; 1983, c.28, s.3; 1986, c.30, s.3; 1996, c.3, s.3
Notice and investigation of accident
6(1)When an accident or fire occurs in connection with an electrical installation or a lightning protection system that results in the death of, or bodily injury to, a person or an animal, or damage to property, an owner or user of the electrical installation or lightning protection system, as the case may be, shall give notice of the accident or fire to the Chief Electrical Inspector within 24 hours after the accident or fire and no person shall interfere with, disturb, destroy, carry away or alter any electrical installation, lightning protection system, wreckage, article or thing at the scene of or connected with the accident or fire until permission to do so is given by an inspector, except if it is necessary to the safety of any person or animal or to prevent further hazard.
6(2)On receipt of a notice under subsection (1), the Chief Electrical Inspector shall immediately cause such investigation to be made as the Chief Electrical Inspector considers necessary to determine the cause of the accident or fire.
1976, c.E-4.1, s.7; 1983, c.28, s.4; 2022, c.4, s.3
Offences and penalties
7(1)A person who violates or fails to comply with any provision of the regulations commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category B offence.
7(2)A person commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category E offence if the person
(a) hinders, molests or interferes with an inspector who is acting under this Act, or
(b) fails to comply with an order of an inspector.
7(3)A person who violates or fails to comply with subsection 3(2) or 6(1) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence.
7(4)When an offence under subsection (1) 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.E-4.1, s.8; 1990, c.61, s.39; 2022, c.4, s.4
Immunity
8If any injury, loss or damage occurs to a person or property as a result of anything done or omitted to be done by an inspector in the performance of their duties under this Act or the regulations, the 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 inspector.
1976, c.E-4.1, s.9; 1983, c.28, s.5; 1986, c.30, s.4; 2022, c.4, s.5
Appeals
9(1)If a person is affected by any finding, order, decision or resolve of the Chief Electrical Inspector, the person may appeal by petition from it to a judge of The Court of King’s Bench of New Brunswick sitting in the judicial district in which the premises affected are situated.
9(2)The person appealing shall file the petition with the clerk of the Court and shall, within five days after the filing, or within such extended time as the judge allows, file with the clerk a bond in an amount to be fixed by the judge, in no case to be less than $50, with at least two sufficient sureties approved by the judge, conditioned to pay all of the costs on the appeal in case the person fails to sustain the appeal, and such costs as are awarded against the person, or shall deposit with the clerk an amount to be fixed by the judge, in no case to be less than $50, as the judge considers sufficient to cover the costs of the appeal.
9(3)An order made by a judge under this section may be enforced in the same manner as an order of The Court of King’s Bench of New Brunswick.
1976, c.E-4.1, s.11; 1979, c.41, s.43; 1991, c.27, s.14; 2022, c.4, s.6; 2023, c.17, s.66
Administration
10The Minister is responsible for the administration of this Act and may designate one or more persons to act on the Minister’s behalf.
1976, c.E-4.1, s.2; 2022, c.4, s.7
Regulations
11The Lieutenant-Governor in Council may make regulations
(a) prescribing standards respecting electrical installations and lightning protection systems and electrical work performed in the Province;
(b) respecting the prevention of fire and injury to persons and property related to electrical installations and lightning protection systems and electrical work;
(c) respecting the granting of wiring and special wiring permits and the prohibiting or allowing of the connecting up of electrical installations by a supply authority to a consumer;
(d) respecting the granting of permits for the installation of lightning protection systems;
(e) respecting the powers of inspectors to enter premises to examine, inspect or condemn electrical installations and lightning protection systems in use or to be used in the Province, and to demand the production of a licence or identification card;
(f) respecting the condemnation of lightning protection systems and the disconnection of dangerous electrical installations;
(g) prescribing charges to be made for inspections, reinspections, approval of plans, licences, identification cards and forms and the issuing of wiring and special wiring permits and installation of lightning protection system permits;
(h) respecting the reinspection of and the controlling or prohibiting of electrical installations and lightning protection systems, and the erection, use or sale by any person within the Province of electrical installations and lightning protection systems dangerous to life or property or not in conformity with the standards prescribed by regulation;
(i) respecting the prohibition or control of the use or sale of electrical appliances, fittings, cables, cords or other electrical equipment that does not conform to the standards of the Canadian Standards Association or the Underwriters’ Laboratories of Canada or any other recognized testing laboratory acceptable to the Chief Electrical Inspector;
(j) respecting the issuing, renewing, suspending or revoking of licences for persons engaged in electrical work and the issuing of identification cards for persons engaged in electrical work;
(k) designating types of electrical installations;
(l) respecting the location of notices and markings of electrical installations and lightning protection systems;
(m) respecting the occupancy of new buildings before being inspected and approved by an inspector;
(n) respecting forms for the purposes of this Act;
(o) generally for the better administration of this Act.
1976, c.E-4.1, s.12; 1983, c.28, s.6; 2008, c.41, s.2
N.B. This Act was proclaimed and came into force September 1, 2011.
N.B. This Act is consolidated to June 16, 2023.