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Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1In 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)

“lightning rod” Repealed: 1983, c.28, s.1

“Minister” means the Minister of Public Safety;(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)

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

Administration

2The Minister is responsible for the general administration of this Act.

Crown bound by Act

3The Crown is bound by this Act.

Electrical installations, electrical work and lightning protection systems, standards

4(1)All electrical installations and lightning protection systems and all electrical work performed in the Province, shall conform to the standards prescribed by regulation.

4(2)No person shall perform electrical work except in accordance with this Act and the regulations.

1983, c.28, s.2

Chief Electrical Inspector and inspectors

5(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.

5(2)The Minister may, in the appointment of an inspector under this section other than the Chief Electrical Inspector, authorize the inspector to exercise such powers and perform such duties under such 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, as the Minister may specify in the appointment.

5(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.2; 1986, c.30, s.2; 1996, c.3, s.2

Inspection of electrical installations, electrical work and lightning protection systems

6(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, re-inspecting or condemning electrical installations and lightning protection systems or any electrical work and any alterations, modifications, or additions thereto, and

(b) to carry out any investigations under subsection 7(2).

Proof of standards

6(2)A certificate signed or purporting to be signed by the Chief Electrical Inspector that a document attached thereto is a copy of the standards prescribed under this Act, or an extract therefrom, is prima facie proof of the standards or extract therefrom without proof of the appointment of the Chief Electrical Inspector or of his signature.

Nonconformity with standards

6(3)Where 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 where 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 such changes as the inspector considers necessary in order to comply with this Act or the regulations.

Order by inspector

6(4)Any order given by an inspector under subsection (3) takes effect in accordance with the terms specified therein and continues in force until, in the opinion of the inspector, the order has been complied with.

Appeal from order of inspector

6(5)A person named in any order given by an inspector under subsection (3) may appeal such order by application to the Chief Electrical Inspector, who may uphold, vary, revoke or suspend the order appealed from.

Repealed

6(6)Repealed: 1996, c.3, s.3

1983, c.28, s.3; 1986, c.30, s.3; 1996, c.3, s.3

Notice of accident

7(1)Where 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 thereof to the Chief Electrical Inspector within twenty-four hours after the accident 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 or except where it is necessary to the safety of any person or animal or to prevent further hazard.

Investigation of accident

7(2)Upon receipt of a notice under subsection (1), the Chief Electrical Inspector shall immediately cause such investigation to be made as he considers necessary to determine the cause of the accident or fire.

1983, c.28, s.4

Offences and penalties

8(1)A person who violates or fails to comply with any provision of the regulations commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category B offence.

8(2)A person who

(a) hinders, molests or interferes with an inspector who is acting pursuant to this Act, or

(b) fails to comply with an order of an inspector,

commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category E offence.

8(3)A person who violates or fails to comply with subsection 4(2) or 7(1) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.

8(4)Where 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.

1990, c.61, s.39

Liability of inspectors and Crown

9Where 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 his 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.

1983, c.28, s.5; 1986, c.30, s.4

Repealed

10Repealed: 1996, c.3, s.4

1991, c.59, s.53; 1996, c.3, s.4

Appeal from decision of inspector

11(1)If any person is affected with any finding, order, decision or resolve of the Chief Electrical Inspector, he may appeal by petition therefrom to a judge of The Court of Queen’s Bench of New Brunswick sitting in the judicial district in which the premises affected are situated.

11(2)The person appealing shall file the petition with the clerk of the Court and shall, within five days of 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 fifty dollars, with at least two sufficient sureties approved by the judge, conditioned to pay all of the costs on the appeal in case he fails to sustain the appeal, and such costs as are awarded against him, or shall deposit with the said clerk an amount to be fixed by the judge, in no case to be less than fifty dollars, as the judge considers sufficient to cover the costs of the appeal.

11(3)An order made by a judge under this section may be enforced in the same manner as an order of The Court of Queen’s Bench of New Brunswick.

1979, c.41, s.43; 1991, c.27, s.14

Regulations

12The 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, re-inspections, 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 re-inspection 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 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 prior to being inspected and approved by an inspector;

(m.1) respecting forms for the purposes of this Act;

(n) generally for the better administration of this Act.

1983, c.28, s.6; 2008, c.41, s.2

Repeal

13The Electrical Installation and Inspection Act, chapter E-4 of the Revised Statutes, 1973, and the Lightning Rod Act, chapter L-7 of the Revised Statutes, 1973, are repealed.

Commencement

14This Act or any provision thereof comes into force on a day to be fixed by proclamation.

N.B. This Act was proclaimed and came into force July 14, 1976.

N.B. This Act is consolidated to September 1, 2011.

E-4.1 - Electrical Installation and Inspection Act

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