Acts and Regulations

E-6 - Elevators and Lifts Act

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Current to 1 January 2024
CHAPTER E-6
Elevators and Lifts Act
Definitions
1In this Act
“amusement device” means a device or combination of devices designed or intended to entertain or amuse people by physically moving them;(attraction mécanique)
“Certificate of Inspection” Repealed: 1996, c.4, s.1
“Chief Inspector” means the Chief Inspector appointed under this Act; (inspecteur en chef)
“construction hoist” means a mechanism used in connection with the construction, alteration, maintenance or demolition of a building, structure or other work, including its hoistway enclosure, affixed to a building or structure and equipped with a car, bucket or platform that(monte-charge de chantier)
(a) moves in guides, or is otherwise guided, at an angle exceeding 70 degrees from the horizontal, and
(b) is used for raising or lowering workmen, materials or both,
in connection with the construction, alteration, maintenance or demolition of a building, structure or other work;
“dumbwaiter” means a hoisting or lowering mechanism(monte-plats)
(a) equipped with a car or platform that moves in guides in a substantially vertical direction, the floor area of which does not exceed 9 square feet, the compartment height of which does not exceed 4 feet 0 inches, the capacity of which does not exceed 500 pounds, and
(b) used exclusively for carrying freight;
“elevating device” means a construction hoist, dumbwaiter, elevator, escalator, incline lift or manlift as defined in this Act;(appareil élévateur)
“elevator” means a mechanism, including its hoistway enclosure, affixed to a building or structure and equipped with a car or platform that(ascenseur)
(a) moves in guides, or is otherwise guided, at an angle exceeding 70 degrees from the horizontal, and
(b) is used to raise or lower persons or freight in or about the building or structure, and includes a freight platform having a vertical travel in excess of sixty inches;
“escalator” means a moving, inclined, continuous stairway or runway used for raising or lowering passengers;(escalier mobile)
“freight” means any substance, article or thing;(marchandises)
“hoistway” means any shaftway, hatchway, well hole, or other vertical opening or space in which a construction hoist, dumbwaiter or elevator operates;(puits)
“hoistway enclosure” means any structure that separates the hoistway, either wholly or in part, from the floors or landings through which the hoistway extends;(gaine)
“incline lift” means a mechanism having a power driven rope, belt or chain, with or without handholds or seats, for lifting or lowering persons or freight on an incline, and includes a ski lift and a ski tow;(monte-charge incliné)
“inspector” means an inspector appointed under this Act and includes the Chief Inspector; (inspecteur)
“major alteration” Repealed: 1996, c.4, s.1
“manlift” means a mechanism having a power driven endless belt with platforms or footholds for lifting or lowering persons in a substantially vertical direction and includes its hoistway enclosure;(ascenseur à courroie sans fin)
“maximum capacity” means the number of persons or the weight that an elevating device may carry safely as determined under the regulations;(capacité maximale)
“Minister” means the Minister of Public Safety;(Ministre)
“new installation” means an installation that is commenced after May 31, 1961;(nouvelle installation)
“operating permit” means an operating permit issued or renewed under section 7;(permis d’exploitation)
“owner” means the person in charge of an elevating device as owner, tenant, agent or otherwise, but does not include a person who operates an elevating device as the whole or a part of his normal duties;(propriétaire)
“seal” means to take any measure satisfactory to the Chief Inspector that will effectively prevent the unauthorized operation or use of an elevating device.(sceller)
1960, c.4, s.1; 1971, c.30, s.1; 1981, c.22, s.1; 1983, c.30, s.7; 1986, c.8, s.35; 1987, c.6, s.23; 1992, c.2, s.16; 1996, c.4, s.1; 1998, c.41, s.43; 2000, c.26, s.99; 2016, c.37, s.56; 2019, c.2, s.42; 2020, c.25, s.42; 2022, c.28, s.15
Application of Act
2This Act does not apply to:
(a) elevating devices within the scope of the Occupational Health and Safety Act;
(b) feeding machines, or belt, bucket, scoop, roller or any similar type of freight conveyor;
(c) freight ramps or platforms with a rise of sixty inches or less;
(d) lubrication hoists or other similar mechanisms;
(e) piling or stacking machines used within one storey;
(f) any class or sub-class of elevating device excluded by the regulations.
1960, c.4, s.2; 1971, c.30, s.2; 1985, c.M-14.1, s.131
Administration
3The Minister shall have the general administration of this Act.
1960, c.4, s.3
Chief Inspector and inspectors
4(1)The Minister may appoint a Chief Inspector and one or more inspectors for the purpose of carrying out the provisions of this Act and the regulations.
4(2)The Minister may, in the appointment of an inspector under this section other than the Chief Inspector, authorize the inspector to exercise such powers and perform such duties under such provisions of the Boiler and Pressure Vessel Act, the Electrical Installation and Inspection Act and the Plumbing Installation and Inspection Act, or any regulation under those Acts, as 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 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.
1960, c.4, s.4; 1971, c.30, s.3; 1996, c.4, s.2
Repealed
5Repealed: 1996, c.4, s.3
1960, c.4, s.5; 1996, c.4, s.3
Powers, duties and liability of inspector
6(1)An inspector may, for the purpose of carrying out the provisions of this Act and the regulations
(a) enter upon any premises where he has reason to believe that an elevating device is being installed or operated and inspect the elevating device;
(b) require the owner of an elevating device or any part thereof, to prepare it for inspection;
(c) require the owner of an elevating device to do or refrain from doing anything the inspector considers necessary during an inspection;
(d) require the owner of an elevating device, by notice in writing, to do or refrain from doing, within the time specified in the notice, such things as the notice specifies in order to ensure compliance with this Act and the regulations; and
(e) make recommendations in connection with an elevating device that in his judgment pertain to an unsafe condition not covered in the regulations.
6(2)Where an elevating device is judged by an inspector to be in an unsafe condition he
(a) shall give notice in writing to the owner that it is unsafe to operate or use, and
(b) shall seal the elevating device.
6(3)No person other than an inspector shall revoke, break or tamper with a seal.
6(4)Where 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.
1960, c.4, s.6; 1971, c.30, s.4, 5; 1986, c.31, s.1; 1990, c.61, s.41; 1996, c.4, s.4
Operating permit
7(1)The Chief Inspector may,
(a) on payment of the prescribed fee, issue an operating permit to the owner of an elevating device where, in the opinion of the Chief Inspector, the elevating device complies with this Act and the regulations,
(b) on payment of the prescribed fee, renew an operating permit issued under paragraph (a),
(c) suspend or revoke an operating permit where, in the opinion of the Chief Inspector, the elevating device does not comply with this Act and the regulations, and
(d) transfer an operating permit to a new owner.
7(2)An operating permit shall designate the elevating device for which it is issued or renewed and the maximum capacity of the elevating device.
7(3)Repealed: 1996, c.4, s.5
7(4)Repealed: 1996, c.4, s.5
7(5)Where the operating permit of an elevating device is suspended or revoked, the Chief Inspector may cause such things to be done as he deems necessary to ensure that it will not be operated contrary to this Act and the regulations.
1960, c.4, s.7; 1971, c.30, s.6; 1996, c.4, s.5
Operation of an elevating device
8(1)No owner shall permit an elevating device to be operated unless
(a) the elevating device is maintained in compliance with the regulations, and
(b) the owner is the holder of a valid operating permit signed by the Chief Inspector.
8(2)No owner shall have an elevating device that is capable of being put in motion by any person unless
(a) the elevating device is maintained in compliance with the regulations, and
(b) the owner is the holder of a valid operating permit signed by the Chief Inspector.
8(3)In any proceedings for a violation of this section, the onus is on the person charged to prove that he is the holder of a valid operating permit.
1960, c.4, s.8; 1971, c.30, s.7; 1996, c.4, s.6
Repealed
9Repealed: 1987, c.4, s.5
1971, c.30, s.8; 1987, c.4, s.5
Installation, alteration or maintenance of elevating device
10No person shall commence a new installation, an alteration or maintenance of an elevating device except in accordance with this Act and the regulations.
1960, c.4, s.9; 1996, c.4, s.7; 2001, c.3, s.1
Elevating device, weight limits
11No person shall operate an elevating device or cause or permit it to be operated with a load in excess of its maximum capacity as designated in the operating permit.
1960, c.4, s.10; 1996, c.4, s.8
Obstructing an inspector
12No person shall hinder or obstruct an inspector in the performance of his duties.
1960, c.4, s.11
False statements to an inspector
13No person shall make any false or misleading statements in any communication whether in writing or otherwise to the Chief Inspector or an inspector concerning any matter under this Act or the regulations.
1960, c.4, s.12
Inspector, power of interrogation
14For the purpose of an inspection or an investigation under this Act, an inspector may, by notice in writing, require the attendance before him of any person at the time and place named in the notice and may then and there examine such person under oath regarding any matter pertaining to such inspection or investigation.
1960, c.4, s.13
Accident involving elevator device
15(1)Where an elevating device falls freely or where the emergency supporting devices engage or where an accident occurs that causes injury to any person, the owner shall give notice in writing with full particulars thereof to the Chief Inspector within twenty-four hours thereafter.
15(2)Where an accident occurs in connection with an elevating device that results in the death of any person or in injuries that may result in the death of any person, the owner shall give notice thereof immediately after the accident by telephone or telegraph to the Chief Inspector and no person shall, except for the purpose of saving life or relieving human suffering, interfere with, disturb, destroy, carry away or alter any wreckage, article or thing at the scene of or connected with the accident until permission to do so is given by an inspector.
15(3)Upon receipt of a notice under subsection (1) or (2), the Chief Inspector shall cause such investigation to be made as he deems necessary to determine the cause of the occurrence or accident.
1960, c.4, s.14
Offences and penalties
16(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.
16(2)A person who violates or fails to comply with
(a) subsection 8(1) or 8(2) or section 12, or
(b) any notice or order made under this Act or the regulations,
commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category E offence.
16(3)A person who violates or fails to comply with subsection 6(3), section 10, 11 or 13 or subsection 15(1) or 15(2) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.
16(4)Where an offence under this Act or the regulations 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.
1960, c.4, s.15; 1971, c.30, s.9; 1990, c.61, s.41
Interpretation of Act
17Nothing in this Act or the regulations affects any provision of any other Act or regulation or any local government by-law relating to elevating devices in so far as any such provision imposes additional or more stringent requirements than those contained in this Act and the regulations.
1960, c.4, s.16; 2005, c.7, s.25; 2017, c.20, s.59
Appeal from decision of inspector
18If any person affected is dissatisfied with any finding, order, or decision of an inspector, he may appeal therefrom to a judge of The Court of King’s Bench of New Brunswick by petition which shall be filed with the clerk of that Court for the judicial district in which the premises affected are situated.
1971, c.30, s.10; 1979, c.41, s.45; 2023, c.17, s.68
Powers and immunities of inspectors in relation to amusement devices
18.1The powers and immunities of the Chief Inspector and inspectors with respect to
(a) the inspection of elevating devices, and
(b) the enforcement of the provisions of this Act and the regulations relating to elevating devices,
apply mutatis mutandis with respect to the inspection of amusement devices and the enforcement of the provisions of this Act and the regulations relating to amusement devices.
1981, c.22, s.2
Regulations
19(1)The Lieutenant-Governor in Council may make regulations
(a) designating classes or sub-classes of elevating devices;
(b) Repealed: 1996, c.4, s.9
(c) establishing or implementing standards or codes or adopting or incorporating by reference, in whole or in part, standards or codes with respect to the use, location, design, construction, installation, operation, maintenance, ventilation, drainage, lighting, heating, alteration, repair, testing and inspection of elevating devices and equipment used in connection with elevating devices;
(d) respecting the approval of new installations and alterations of elevating devices;
(d.1) respecting the issuance of installation permits for new installations and alterations of elevating devices;
(d.2) requiring the issuance of installation permits before commencing new installations or alterations of elevating devices;
(d.3) respecting fees to be paid for the issuance of installation permits;
(d.4) respecting the display of installation permits;
(d.5) respecting the issuing, renewing, reinstating, suspending or revoking of licences for persons engaged in new installations of elevating devices and the alteration, maintenance and repair of elevating devices;
(d.6) respecting the period of validity of a licence for new installations of elevating devices and the alteration, maintenance and repair of elevating devices;
(d.7) respecting the fees to be paid for the issuing, renewing or reinstating of a licence for new installations of elevating devices and the alteration, maintenance and repair of elevating devices;
(e) prescribing methods of determining maximum capacity for the purposes of this Act and the regulations;
(e.1) establishing or implementing standards or codes or adopting or incorporating by reference, in whole or in part, standards or codes with respect to the construction, maintenance, erection, repair, testing or inspection of amusement devices and equipment used in connection with amusement devices;
(e.2) respecting the inspection of amusement devices;
(e.3) prohibiting acts contravening codes or standards adopted with respect to the construction, maintenance, erection, repair, testing or inspection of amusement devices and equipment used in connection therewith;
(f) governing the conduct of persons in or about elevating devices or amusement devices;
(f.1) respecting fees to be paid for the issuance or renewal of operating permits;
(f.2) respecting the period of time during which operating permits are valid;
(f.3) respecting the display of operating permits;
(g) respecting the issuance, suspension or revocation of Certificates of Inspection for amusement devices and the form of Certificates of Inspection for amusement devices;
(h) prescribing the fees to be paid for inspections by inspectors;
(i) prescribing the circumstances under which special fees are to be paid and designating the amount of such fees and the persons by whom such fees are to be paid;
(j) requiring and prescribing the form and location of notices and markings that shall be kept in or about elevating devices or amusement devices;
(k) excluding from this Act any class or sub-class of elevating devices; and
(l) respecting any other matter necessary or advisable to carry out the intent and purpose of this Act.
19(2)Any regulation may be made with respect to construction hoists, dumbwaiters, elevators, escalators, incline lifts, and manlifts or with respect to any one or more of such type of mechanisms or with respect to any one or more classes or subclasses thereof.
19(3)Any word or expression used in this Act or the regulations may be defined in the regulations for the purposes of the regulations.
19(4)Any regulation may be limited as to time or place of application or both.
1960, c.4, s.17; 1971, c.30, s.11; 1981, c.22, s.3; 1996, c.4, s.9; 2001, c.3, s.2; 2014, c.6, s.1
Repealed
20Repealed: 1983, c.8, s.10
1960, c.4, s.18; 1960-61, c.39, s.1; 1983, c.8, s.10
Repealed
21Repealed: 1996, c.4, s.10
1981, c.22, s.4; 1982, c.3, s.19; 1996, c.4, s.10
N.B. This Act is consolidated to June 16, 2023.