Acts and Regulations

2014, c.126 - Plumbing Installation and Inspection Act

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Current to 1 January 2024
2014, c.126
Plumbing Installation and Inspection Act
Deposited December 30, 2014
Definitions
1The following definitions apply in this Act.
“apprentice” means a person who is at least 16 years of age and who has entered into a contract under which he or she is to receive, from or through his or her employer, training and instruction in the work of the plumber occupation under the direct and immediate supervision of a qualified plumber. (apprenti)
“inspector” means an inspector appointed under this Act and includes the chief plumbing inspector. (inspecteur)
“Minister” means the Minister of Public Safety. (ministre)
“plumbing system” means a drainage system, a venting system and a water system. (installation de plomberie)
“qualified plumber” means a person who holds a certificate of qualification in the plumber occupation issued under the Apprenticeship and Occupational Certification Act and a licence granted under this Act and the regulations. (plombier qualifié)
1976, c.P-9.1, s.1; 1983, c.30, s.27; 1986, c.8, s.99; 1986, c.63, s.1; 1987, c.27, s.24; 1992, c.2, s.49; 1996, c.7, s.1; 1996, c.72, s.1; 1998, c.41, s.94; 2000, c.26, s.240; 2012, c.19, s.63; 2016, c.37, s.141; 2019, c.2, s.107; 2020, c.25, s.84; 2022, c.28, s.39
Administration
2The Minister is responsible for the administration of this Act.
1976, c.P-9.1, s.2
This Act binds the Crown
3This Act binds the Crown.
1981, c.58, s.1
Standard of work done to plumbing system
4All work done to a plumbing system in the Province shall conform to the standards prescribed by regulation.
1976, c.P-9.1, s.3
Inspectors
5(1)The Minister may appoint a chief plumbing inspector and one or more inspectors for the purpose of carrying out the provisions of this Act and the regulations.
5(2)In the appointment of an inspector under this section, other than the chief plumbing inspector, the Minister may authorize the inspector to exercise any powers and perform any duties under any provisions of the Boiler and Pressure Vessel Act, the Electrical Installation and Inspection Act and the Elevators and Lifts Act, or any regulation under those Acts, that the Minister specifies 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, authority or signature of the Minister, and when adduced is proof, in the absence of evidence to the contrary, of the matters stated in the document.
5(4)An inspector shall
(a) enforce the regulations in all areas in which the regulations are in effect,
(b) assist local governments in the establishment and enforcement of by-laws made under section 9, and
(c) perform any duties that the Minister assigns to him or her.
5(5)An inspector has full access at all reasonable times to any lands, buildings or premises in the Province for the purpose of determining whether the requirements of this Act and the regulations have been complied with.
1976, c.P-9.1, s.4; 1984, c.35, s.7; 1986, c.63, s.2; 1996, c.7, s.2; 2005, c.7, s.61; 2017, c.20, s.135
Immunity
6If an 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 or her 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.
1977, c.39, s.2; 1986, c.63, s.4
Offences and penalties
7(1)A person who violates or fails to comply with a provision of the regulations or a by-law made under this Act 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) interferes with an inspector who is acting under this Act, or
(b) fails to comply with an order of an inspector.
7(3)When a person fails to comply with an order of an inspector and is convicted of an offence in respect of the failure, the court imposing the conviction may order the person to comply with the order of the inspector.
7(4)A person who fails to comply with an order of the court under subsection (3) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category H offence.
1976, c.P-9.1, s.10; 1977, c.39, s.1; 1986, c.63, s.3; 1990, c.61, s.109
Regulations
8For the purposes of carrying out the provisions of this Act, the Lieutenant-Governor in Council may make regulations
(a) regulating and controlling the installation and repair of plumbing systems to be installed in or for the use of buildings, and without restricting the generality of the preceding, regulating and controlling the materials to be used in plumbing systems and the manner in which work is to be performed;
(b) regulating the plumbing, sewerage, drainage and sanitary facilities to be installed in or for the use of buildings where people live or work or frequent as members of the public;
(c) requiring the plumbing, sewerage, drainage and sanitary facilities to be maintained in proper condition;
(d) respecting the granting or revoking of licences or permits and the fees for them;
(e) imposing on the owner, lessee or person in control of a building the duty of complying with the regulations in so far as they apply to the building;
(f) providing that the regulations apply to all buildings, including those existing when the regulations come into force;
(g) respecting periodic or special inspections of installations and repairs, the fees for the inspections and the directives made under them;
(h) providing for licensing and regulating of persons who wish to engage in plumbing work and who are not prohibited from doing so by this Act and the regulations;
(i) respecting an appeal from anything done under this Act or the regulations and the procedure of the appeal;
(j) generally for the better administration of this Act.
1976, c.P-9.1, s.5; 1996, c.72, s.2
Local by-laws
9By by-law, a local government may
(a) regulate and control any act or thing within the scope of paragraph 8(a) that is not regulated or controlled by the regulations;
(b) provide for the granting or revoking of permits and the fees for them; and
(c) provide for the appointment of local government plumbing inspectors and prescribe their duties.
1976, c.P-9.1, s.6; 1996, c.72, s.3; 2005, c.7, s.61; 2017, c.20, s.135
Approval of by-laws
10(1)A by-law made under this Act has no effect until approved by the Minister.
10(2)The Minister shall not approve a by-law under this Act if the by-law
(a) is contrary to good health and sanitation practices, or
(b) is not in the public interest.
1976, c.P-9.1, s.8; 1983, c.63, s.1; 1996, c.72, s.5; 2022, c.13, s.1
Prohibition
11Nothing in this Act shall be construed to permit a local government to exclude any work or operation that is defined as a plumbing system by this Act.
1976, c.P-9.1, s.9; 2005, c.7, s.61; 2017, c.20, s.135
N.B. This Act was proclaimed and came into force February 9, 2015.
N.B. This Act is consolidated to June 10, 2022.