Acts and Regulations

B-7.1 - Boiler and Pressure Vessel Act

Full text
Repealed on 1 September 2011
CHAPTER B-7.1
Boiler and Pressure
Vessel Act
Assented to April 14, 1976
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
Repealed: R.S.N.B. 2011, Schedule A
INTERPRETATION
Definitions
1In this Act
“Board” Repealed: 1983, c.14, s.1
“boiler” means a vessel in which steam is or may be generated or hot water produced under pressure, having a capacity of more than three cubic feet (0.085 cubic metres) and includes any pipe or fitting, prime mover, machinery or other equipment attached thereto or used in connection therewith, 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 officiel)
“certificate of competency” means a valid certificate of competency issued under section 27;(brevet 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, inflammable 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 27.1;(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 such heating plant or power plant and over power engineers engaged in the operation of such 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 fifteen pounds per square inch (one hundred and three kilopascals) when the boiler is used for producing steam, or a safety valve setting of more than one hundred and sixty pounds per square inch (one thousand one hundred kilopascals) when the boiler is used for producing hot water or when the temperature of the hot water produced is in excess of two hundred and fifty degrees Fahrenheit (one hundred and twenty 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)
“licence” Repealed: 1983, c.14, s.1
“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 fifteen pounds per square inch (one hundred and three kilopascals) when the boiler is used for producing steam, or a safety valve setting of not more than one hundred and sixty pounds per square inch (one thousand one hundred kilopascals) when the boiler is used for producing hot water at a temperature of not more than two hundred and fifty degrees Fahrenheit (one hundred and twenty degrees Celsius);(installation de chauffage à basse pression)
“Minister” means the Minister of Public Safety and includes a 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 “have charge of” a heating plant or power plant;(faire fonctionner ou conduire)
“p.s.i.” Repealed: 1983, c.14, s.1
“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 the accessories thereto, from which the steam produced is used to provide motive power for an engine or turbine or two or more engines or turbines or any combination thereof;(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 six inches (one hundred and fifty-two millimetres) and a capacity of more than one and one-half 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 fifteen pounds per square inch (one hundred and three kilopascals), and includes a pressure retaining apparatus intended for and to be used in a nuclear system with a pressure differential of five pounds per square inch (thirty-four 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)
“Stationary Engineers Board” Repealed: 1999, c.9, s.1;
“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 prior to 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.
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
GENERAL
Crown bound by Act
2The Crown is bound by this Act.
Administration by Minister
3The Minister is responsible for the administration of this Act and may designate persons to act on his behalf under this Act and the regulations.
1983, c.14, s.2
POWER ENGINEERS
1983, c.14, s.3; 1999, c.9, s.2
Appointment of Board of Examiners
4(1)The Lieutenant-Governor in Council shall appoint a Board of Examiners for Power Engineers of not more than five persons being holders of valid First Class Power Engineers Licences issued under this Act.
Composition of Board
4(2)The Power Engineers Board shall consist of a chairman designated by the Lieutenant-Governor in Council and not more than four other members as the Lieutenant-Governor in Council appoints.
Term of members
4(3)The members of the Power Engineers Board may hold office for a term of three years and may be re-appointed.
Remuneration of Board members
4(4)Every member of the Power Engineers Board while engaged in the performance of duties in pursuance of this Act or the regulations shall be paid such fees for his services as are fixed from time to time by the Lieutenant-Governor in Council together with necessary travelling expenses.
4(5)Repealed: 1983, c.14, s.4
1983, c.14, s.4; 1986, c.17, s.2; 1999, c.9, s.3
Designation of examiners
5The Power Engineers Board may designate one or more persons, being the holders of a valid First Class Power Engineers Licence issued under this Act, as examiners.
1999, c.9, s.4
STATIONARY ENGINEERS
Repealed: 1983, c.14, s.5
1983, c.14, s.5
Examination
6(1)Any Power Engineers Board member or examiner may examine qualified candidates for any class of power engineers licence provided for by or under this Act.
6(2)The Power Engineers Board shall provide the examination to be given a candidate for any class of power engineers licence and shall establish the degree of competency that a candidate shall display to successfully pass such examination.
1983, c.14, s.6; 1999, c.9, s.5
Issuance of licence
7Where a candidate for any class of power engineers licence successfully passes his 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 engineers licence for the class examined.
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 any person to operate or have charge of a heating plant or a power plant who is not the holder of a power engineers licence of the class established for that plant by the regulations.
Operation of heating or power plant
8(2)No owner, lessee or employer shall permit or cause the holder of a power engineers 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 such operation that would interfere with the safe operation of the heating plant or power plant.
Operation of heating 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 he is the holder of a power engineers licence of the class established for that plant by the regulations.
Form of licence
8(4)A power engineers licence shall be in such form and contain such information as the Power Engineers Board requires.
Licence from other jurisdiction
8(5)Where any other province, state or country recognizes a power engineers licence issued under this Act as authority to the holder thereof to operate or have charge of heating plants or power plants in such province, state or country, the Power Engineers Board, upon payment of the prescribed fee, may grant to the holder of a licence issued by such province, state or country a similar power engineers licence to have charge of heating plants or power plants in this Province.
1983, c.14, s.8; 1999, c.9, s.7
Licence under Stationary Engineers Act
9A Stationary Engineers Licence issued under the Stationary Engineers Act, chapter S-13 of the Revised Statutes, 1973, in force immediately prior to the coming into force of this Act is deemed to be a licence issued under this Act.
Suspension or cancellation of licence
10The Power Engineers Board may suspend or cancel a power engineers licence if it is satisfied that
(a) the licensee has obtained his power engineers licence through misrepresentation or fraud,
(b) Repealed: 1983, c.14, s.9
(c) Repealed: 1983, c.14, s.9
(d) the licensee has proven to be incompetent or grossly negligent in the discharge of his duties,
(e) the licensee has permitted some other person to act under authority of his power engineers licence,
(f) the licensee during working hours while operating or having charge of a heating plant or power plant has engaged in any labour or pursuit not immediately connected with such operation that would interfere with the safe operation of the heating plant or power plant,
(g) the licensee has operated or has had charge of a heating plant or power plant that by his power engineers licence he was not authorized to operate or have charge of,
(h) the licensee has been convicted of an offence under this Act or the regulations, or
(i) the licensee has been guilty of an act of impropriety in connection with his duties while acting under authority of his power engineers licence.
1983, c.14, s.9; 1999, c.9, s.8
Suspension or cancellation of licence
11Where a power engineers 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.
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)The Minister may, in the appointment of a boiler inspector under this section other than the Chief Boiler Inspector, authorize the boiler inspector to exercise such powers and perform such duties under such 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, as 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 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.
1984, c.35, s.1; 1996, c.2, s.1
Certification of inspection of boiler
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 such time as is prescribed by regulation.
1986, c.17, s.3; 1998, c.3, s.2
Inspection of boiler or pressure vessel
14Notwithstanding that a boiler or pressure vessel has been inspected, a boiler inspector may at any time inspect a boiler or pressure vessel.
Installation of boiler or pressure vessel
15When a boiler or pressure vessel is being installed, the operator shall, before it is put into operation, whether or not it is insured, have it inspected by a boiler inspector.
Powers of investigation of inspector
16A boiler inspector may, for the purpose of carrying out the provisions of this Act,
(a) enter upon and examine any building or premises where he has reason to believe any boiler or pressure vessel is being installed or operated,
(b) make such examination and inquiries as he considers necessary for the purpose of ascertaining whether the provisions of this Act are being complied with, and
(c) make any investigation as he considers necessary into the cause and particulars of any accident occurring in a building or premises, and in conducting such investigation, the inspector may examine any person whom he believes to have knowledge of the accident.
Powers of investigation of inspector
17A boiler inspector may require the owner, or other person responsible for, or in charge of, any boiler or pressure vessel
(a) to prepare any boiler or pressure vessel for inspection in such manner as the boiler inspector requires and to supply water for and to assist in making any test,
(b) to cut or drill holes in any 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 any 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 any boiler or to reduce the pressure in any 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.
Compliance with inspector’s demand
17.1(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), 17(b) or 17(c).
17.1(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
18Where an explosion that causes damage to a boiler or pressure vessel occurs in connection with a boiler or pressure vessel, the owner or operator thereof shall immediately report it to the Chief Inspector by telephone or telegraph, and shall, within twenty-four hours after its occurrence, send a report thereon by mail to the Chief Inspector, stating the exact place at which the explosion occurred, the number of persons, if any, killed or injured thereby and any other information required by the regulations.
Certificate of inspection
19(1)Immediately upon 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 such information as he considers necessary, to be filed on the premises where the boiler or pressure vessel is located.
19(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).
Safety valves
20When making an inspection of a boiler or pressure vessel, a boiler inspector or an insurance boiler inspector may set and seal the safety valves.
Seals
21No 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 20 without the consent of a boiler inspector or insurance boiler inspector.
Liability of boiler inspector
22Nothing in this Act or the regulations renders any 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 such equipment by a boiler inspector.
Liability of Crown
22.1Where 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 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.
1986, c.17, s.4
Working pressure of boiler or pressure vessel
23No 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.
Duties of insurance companies licensed to transact boiler and machinery insurance
24Every insurance company licensed to transact boiler and machinery insurance under the provisions of the Insurance Act shall forthwith notify the Chief Inspector of the names and addresses of all persons who contract for or cancel insurance on any boiler or pressure vessel operated in the Province, and shall also provide the Chief Inspector with a description of each such boiler or pressure vessel.
Duties of insurance companies licensed to transact boiler and machinery insurance
25An 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 such information as the Chief Inspector requires.
Duties of insurance companies licensed to transact boiler and machinery insurance
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 any 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.
Inspector’s certificate of competency
27(1)The Chief Inspector shall, upon application therefor and upon payment of the fees prescribed by regulation, issue a certificate of competency to a boiler inspector or an insurance boiler inspector who meets the requirements prescribed by regulation.
27(2)Every certificate of competency expires on the thirty-first day of December of the year for which it was issued.
27(3)A certificate of competency shall, upon application therefor, be renewed by the Chief Inspector, where the applicant therefor
(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.
COMPRESSED GAS
Appointment of Board of Examiners
27.1(1)The Lieutenant-Governor in Council shall appoint 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.
Composition of Board
27.1(2)The Gas Board shall consist of a chairman designated by the Lieutenant-Governor in Council and not fewer than four other members.
Term of members
27.1(3)The members of the Gas Board may hold office for a term of three years and may be reappointed.
Remuneration of members
27.1(4)Every member of the Gas Board, other than an employee of the Province, while engaged in the performance of duties in pursuance of this Act or the regulations shall be paid such fees for his services as are fixed from time to time by the Lieutenant-Governor in Council together with necessary travelling expenses.
Transitional provision
27.1(5)All appointments to the Board of Examiners established under section 16 of Regulation 77-38 under the Boiler and Pressure Vessel Act in force immediately prior to the coming into force of this section shall be deemed to be appointments under this section for the term, notwithstanding subsection (3), specified in the appointment.
1983, c.14, s.12; 1986, c.17, s.5
Examiners, compressed gas licences
27.2(1)The Gas Board may designate examiners for the purpose of examining candidates for compressed gas licences.
27.2(2)All appointments of examiners under section 17 of Regulation 77-38 under the Boiler and Pressure Vessel Act in force immediately prior to the coming into force of this section shall be deemed to be appointments made under this section.
1983, c.14, s.12; 1998, c.3, s.3
Examination of candidates
27.3(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.
27.3(2)The examination given 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
27.4(1)Where a candidate for any class of compressed gas licence successfully passes his examination for that class and complies with the regulations respecting the qualifications of candidates, the Gas Board shall issue to that candidate a compressed gas licence for the class examined.
27.4(2)A compressed gas licence shall be in such form and contain such information as the Gas Board requires.
27.4(3)A licence issued under Part 4 of Regulation 77-38 under the Boiler and Pressure Vessel Act that has not expired and has not been cancelled or suspended shall be deemed to be a compressed gas licence issued under this Act.
1983, c.14, s.12
Suspension, cancellation of licence
27.5(1)The Gas Board may suspend or cancel a compressed gas licence if it is satisfied that
(a) the licensee has obtained his compressed gas licence through misrepresentation or fraud,
(b) the licensee has proven to be incompetent or grossly negligent in the discharge of his duties,
(c) the licensee has permitted some other person to act under the authority of his compressed gas licence,
(d) the licensee has been convicted of an offence under this Act or the regulations, or
(e) the licensee has been guilty of an act of impropriety in connection with his duties while acting under the authority of his compressed gas licence.
27.5(2)Where 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 on sale, installation, servicing, storage, transportation, filling
27.6(1)No person shall sell, offer for sale, purchase, install on or in any building or premises occupied, operated or controlled by him, use or permit to be used any device that utilizes compressed gas for fuel for the production of heat or steam unless the design and construction of the device has been approved in accordance with the regulations.
27.6(2)No person shall install in or on any building or premises any device that utilizes compressed gas for fuel for the production of heat or steam unless
(a) he holds a valid and subsisting compressed gas licence authorizing him to install such devices, and
(b) a permit for that installation has been issued in accordance with the regulations.
27.6(3)No person shall service or repair any device that utilizes compressed gas for fuel for the production of heat or steam unless he holds a valid and subsisting compressed gas licence authorizing him to do so.
27.6(4)Subsections (2) and (3) do not apply to such small or portable devices as may be specified in the regulations.
27.6(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 he holds a valid and subsisting compressed gas licence authorizing him to do so.
27.6(6)No person shall keep, store, distribute, deliver or dispose of any compressed gas unless the place used for keeping, storing, distributing, delivering or disposing of compressed gas complies with the minimum standards prescribed by regulation.
27.6(7)No person shall operate a truck transporting compressed gas unless he holds a valid and subsisting licence authorizing him to do so.
27.6(8)No person shall operate a compressed gas filling plant unless he holds a valid and subsisting licence authorizing him to do so.
1983, c.14, s.12
STEAMFITTERS-PIPEFITTERS
Issuance of licence
27.7(1)The Chief Inspector shall, upon application and upon payment of the prescribed fee, issue a steamfitter-pipefitter licence to any 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.
Form of licence
27.7(2)A steamfitter-pipefitter licence shall be in such form and contain such information as the Chief Inspector requires.
Duration of licence
27.7(3)A steamfitter-pipefitter licence shall be valid for one year from the date of issue.
Inspection of licence
27.7(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.
Suspension of licence
27.7(5)The Chief Inspector may suspend a steamfitter-pipefitter licence if he is satisfied that
(a) the licensee has obtained his steamfitter-pipefitter licence through misrepresentation or fraud,
(b) the licensee has proven to be incompetent or grossly negligent in the discharge of his duties,
(c) the licensee has permitted some other person to act under authority of his steamfitter-pipefitter licence,
(d) the licensee has been convicted of an offence under this Act or the regulations, or
(e) the licensee has been guilty of an act of impropriety in connection with his duties while acting under authority of his steamfitter-pipefitter licence.
Appeal of suspension
27.7(6)Where a steamfitter-pipefitter licence is suspended by the Chief Inspector under subsection (5), the licensee may appeal the decision to the Minister, who may uphold, vary or revoke the suspension.
Restriction on persons carrying on steamfitter-pipefitter trade
27.7(7)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.
Restriction on employer
27.7(8)No employer shall employ any 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 (7)(a) or (b).
Restriction on owner, occupier of premises
27.7(9)No owner or occupier of premises shall permit any 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 (7)(a) or (b).
Exception
27.7(10)Notwithstanding subsections (7), (8) and (9), 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 engineers 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; 1998, c.3, s.5; 1999, c.9, s.10
OFFENCES
Offences and Penalties
28(1)A person who violates or fails to comply with any provision of the regulations commits an offence.
28(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.
28(3)For the purposes of Part II 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.
28(4)Where 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.
1990, c.61, s.17
REGULATIONS
Regulations
29The 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, notwithstanding any general provision in the Act or other regulations inconsistent therewith;
(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;
(d.1) respecting the licensing of persons engaged in the steamfitter-pipefitter trade;
(e) respecting the certification of welders;
(f) respecting the licensing of persons working with compressed gas or equipment used in connection therewith;
(f.1) respecting the issuance, suspension and cancellation of permits;
(f.2) requiring the production, upon demand by an inspector, of a licence, permit or certificate issued under this Act or the regulations;
(f.3) specifying devices to which subsections 27.6(2) and (3) do not apply;
(f.4) respecting the reporting of gas accidents or incidents;
(f.5) authorizing the Chief Inspector to formulate rules adding to or modifying standards imposed under this Act and the regulations where, in the opinion of the Chief Inspector, special circumstances render desirable such addition or modification;
(g) respecting fees
(i) for the registration of designs pursuant to the 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 (e),
(iv.1) for permits,
(v) for the licensing of persons pursuant to the regulations made under paragraph (f), and
(vi) for the inspection of compressed gas equipment pursuant to the regulations made under subparagraph (b)(ii);
(h) designating heating plants or power plants or classes of heating plants or power plants to which this Act does not apply;
(i) prescribing requirements respecting any heating plant or power plant or class of heating plants or power plants, and the operation of any heating plant or power plant or class of heating plants or power plants;
(j) respecting the duties of any person operating a heating plant or power plant or of any person in charge of a heating plant or power plant;
(k) 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;
(l) specifying the proofs required in support of any application for a licence;
(m) prescribing the qualifications of persons for the issuance of licences;
(n) respecting the classes of licences to be issued and specifying the conditions for issue and renewal thereof;
(o) specifying the information required to be furnished to the Chief Inspector by any owner, lessee, employer, or operator;
(p) prescribing requirements in addition to the requirements of this Act regarding the issuance of certificates of competency;
(q) specifying the various fees payable by any applicant for a licence, certificate of competency or examination;
(r) governing the registration of heating plants or power plants and the fees required for such registration; and
(s) generally, for the better administration of this Act.
1983, c.14, s.13; 1986, c.17, s.7; 1996, c.2, s.2
REPEAL
Repeal
30The Boiler and Pressure Vessel Act, chapter B-7 of the Revised Statutes, 1973, and the Stationary Engineers Act, chapter S-13 of the Revised Statutes, 1973, are repealed.
PROCLAMATION
Commencement
31This Act or any provision thereof comes into force on a day to be fixed by proclamation.
SCHEDULE A
Column I
Section
Column II
Category of Offence
  8(1)..............
F
  8(2)..............
I
  8(3)..............
E
13(1)..............
E
15..............
E
17.1(1)..............
E
17.1(2)..............
J
18..............
E
19(2)..............
C
21..............
F
23..............
H
26..............
E
27.6(1)..............
F
27.6(2)..............
F
27.6(3)..............
F
27.6(5)..............
F
27.6(6)..............
F
27.6(7)..............
F
27.6(8)..............
F
27.7(7)..............
E
27.7(8)..............
E
27.7(9)..............
E
28(1)..............
B
1990, c.61, s.17
N.B. This Act was proclaimed and came into force July 14, 1976.
N.B. This Act is consolidated to September 1, 2011.