Elevators and Lifts Act
Consolidated act- Citation
- S.N.W.T. 2022, c.16
- Source
- Unofficial consolidation PDF (justice.gov.nt.ca)
This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.
- Electrical Protection Regulations, s.1.1
- Elevators and Lifts Regulations, s.1
- Elevators and Lifts Regulations, s.3 → #sec_7__subsec_2
- Elevators and Lifts Regulations, s.7 → #sec_17__subsec_6
- Elevators and Lifts Regulations, s.8 → #sec_17__subsec_6
- Elevators and Lifts Regulations, s.11 → #sec_17__subsec_6
- Elevators and Lifts Regulations, s.12 → #sec_17__subsec_6
- Elevators and Lifts Regulations, s.13 → #sec_17__subsec_6
- Elevators and Lifts Regulations, s.14 → #sec_17__subsec_6
- Elevators and Lifts Regulations, s.17 → #sec_13__subsec_1__para_f
- Elevators and Lifts Regulations, s.20 → #sec_17__subsec_6
- Elevators and Lifts Regulations, s.21 → #sec_20__subsec_1__para_a
- Elevators and Lifts Regulations, s.22 → #sec_22__subsec_3__para_a
- Elevators and Lifts Regulations, s.23 → #sec_17__subsec_6
- Elevators and Lifts Regulations, s.24 → #sec_13__subsec_1__para_f
- Elevators and Lifts Regulations, s.25 → #sec_22__subsec_1__para_b
- Elevators and Lifts Regulations, s.26 → #sec_57__subsec_2__para_b
- Elevators and Lifts Regulations, s.26 → #sec_18__subsec_1__para_b
- Elevators and Lifts Regulations, s.27 → #sec_17__subsec_6
- Elevators and Lifts Regulations, s.27 → #sec_18__subsec_1__para_b
- Elevators and Lifts Regulations, s.28 → #sec_18__subsec_1__para_b
- Elevators and Lifts Regulations, s.29 → #sec_18__subsec_1__para_b
- Elevators and Lifts Regulations, s.32 → #sec_9
- Elevators and Lifts Regulations, s.32 → #sec_9__subsec_1__para_a
- Elevators and Lifts Regulations, s.34 → #sec_26
- Elevators and Lifts Regulations, s.35 → #sec_27__subsec_3
- Elevators and Lifts Regulations, s.35 → #sec_27__subsec_4__para_a
- Elevators and Lifts Regulations, s.35 → #sec_27__subsec_4
- Elevators and Lifts Regulations, s.36 → #sec_17__subsec_6
- Elevators and Lifts Regulations, s.38 → #sec_17__subsec_6
- Elevators and Lifts Regulations, s.38 → #sec_17__subsec_6
- Elevators and Lifts Regulations, s.39 → #sec_50__subsec_1
- Elevators and Lifts Regulations, s.41 → #sec_50__subsec_2
- Elevators and Lifts Regulations, s.41 → #sec_50__subsec_2
- Elevators and Lifts Regulations, s.56 → #sec_43__subsec_1
- Elevators and Lifts Regulations, s.56 → #sec_43__subsec_1
- Elevators and Lifts Regulations, s.64 → #sec_11__subsec_1
- Elevators and Lifts Regulations, s.64 → #sec_64
The Commissioner of the Northwest Territories, by and with the advice and consent of the Legislative Assembly, enacts as follows:
PART 1
DEFINITIONS AND APPLICATION
Definitions
Definitions
1.In this Act,
"alteration" includes adding to, replacement and removal; (modification)
"alternative safety approach" means a written proposal, accepted by the Chief Inspector under subsection 27(3), that
(a) sets out an approach to safety, consistent with the objectives of this Act, that is substituted for one or more requirements of the regulations or of the codes or standards, or
(b) if the regulations or the codes or standards do not address safety in respect of particular regulated work or a particular regulated product, establishes a plan, consistent with the objectives of this Act, for the safe undertaking of that work or the safe operation or use of that product; (approche alternative en matière de sécurité)
"authorization" means
(a) an authorization required by this Act, including a certificate of qualification, contractor licence or operating permit, or
(b) an authorization required by regulations made under section 16; (autorisation)
"certificate of inspection" means a certificate of inspection issued under section 12; (certificat d’inspection)
"certificate of qualification" means a certificate of qualification issued under subsection 19(5); (certificat de compétence)
"certification agency" means a person or class of persons designated by the regulations as a certification agency; (agence de certification) "certification mark" means a stamp, mark, seal, label, tag or other identification of a certification agency certifying that the regulated product to which it is affixed or attached or in which it is embedded complies with the provisions of the codes or standards that the product must comply with for that certification; (marque de certification)
"Chief Inspector" means the Chief Inspector appointed under subsection 30(1); (inspecteur en chef)
"codes or standards" means the codes or standards established or adopted under section 7; (codes ou normes)
"compliance order" means a compliance order issued by the Chief Inspector under section 45 or by another inspector under section 44; (ordre d’exécution)
"contractor licence" means a contractor licence issued under subsection 21(5); (licence d’entrepreneur)
"inspector" means a person who is appointed as an inspector under subsection 31(1), or who is, by virtue of their office, an inspector under subsection 31(2) or (3); (inspecteur)
"letter of approval" means a letter of approval issued under subsection 9(1) or (2); (lettre d’approbation)
"licensed contractor" means a person who holds a contractor licence; (entrepreneur agréé)
"local government" means
(a) a municipal council, or
(b) an Indigenous government with a concluded self-government agreement or land claims agreement containing self-government provisions, given effect by or under an Act, that provides the Indigenous government with jurisdiction over regulated products or regulated work; (gouvernement local)
"operating permit" means an operating permit issued under subsection 25(3) that allows for the operation of a regulated product; (licence d’exploitation)
"owner" includes, in respect of a regulated product, a lessee, occupant and person in charge of the premises in or on which the product is located; (propriétaire) "qualified worker" means an individual who holds a certificate of qualification; (travailleur qualifié)
"registered regulated product" means a regulated product that is registered under section 11; (produit réglementé enregistré)
"Registrar" means the Registrar of Standards appointed under subsection 10(2); (registraire)
"registry" means the registry established under subsection 10(1); (registre)
"regulated product" means a product or thing referred to in paragraph 2(1)(b) or (c); (produit réglementé)
"regulated work" means
(a) the assembly, manufacture, construction, installation, testing, maintenance or repair of a regulated product,
(b) the alteration of a regulated product, or
(c) any activity that is prescribed as regulated work,
and includes the overseeing or directing of any activity referred to in paragraphs (a) to (c) at a work site; (travail réglementé)
"safety order" means a safety order issued under subsection 46(1); (directive de sécurité)
"Superintendent" means the Superintendent of Standards appointed under subsection 29(1); (surintendant)
"variance" means a document issued under subsection 26(1), for an individual circumstance on a single occasion, that allows for
(a) a deviation from the application of a provision of the regulations or of the codes or standards, in respect of a regulated product or regulated work, or
(b) a use, other than the standard use, of a regulated product. (dérogation)
Application
Application
2.(1) This Act, the regulations and the codes and standards adopted under section 7 apply to all of the following:
(a) regulated work and persons doing regulated work;
(b) all of the following regulated products as they are defined in the regulations:
(i) amusement rides,
(ii) passenger ropeways,
(iii) elevating devices,
(iv) any product or part of that product that is prescribed as a regulated product;
(c) a regulated product designated under subsection (2).
(2) The Chief Inspector may, subject to any regulations, designate a specific product or part of that product as a regulated product for the purposes of this Act and the regulations.
(3) The regulations may, with or without conditions, exempt any of the following completely or partially from the application of any or all provisions of this Act, the regulations and the codes and standards adopted under section 7:
(a) a person or class of persons;
(b) any regulated work;
(c) any regulated product or class of regulated products;
(d) anything referred to in this subsection that is in a specified geographic area.
Definitions
3.(1) In this section,
"freight" does not include
(a) overburden, ore or minerals,
(b) oil or gas, or
(c) tailings or other similar waste products;
(marchandise)
"mine" means a mine as defined in section 1 of the Mine Health and Safety Act. (mine)
(2) Subject to subsection (3), this Act, the regulations and the codes and standards adopted under section 7 do not apply to
(a) a regulated product being used
(i) in an aircraft or a marine vessel,
(ii) in a mine, or
(iii) in any work or activity governed by the Oil and Gas Operations Act; or
(b) a person who does regulated work in respect of a regulated product described in paragraph (a).
(3) This Act, the regulations and the codes and standards adopted under section 7 apply to
(a) a regulated product being used to convey people, equipment or freight in a surface- level building located at or used in connection with a mine, such as an office building or a storage, processing or treatment facility;
(b) a regulated product being used to convey people, equipment or freight in a surface- level building located at or used in connection with an oil or gas operation, such as an office building or a storage, processing or treatment facility; and
(c) a person who does regulated work in respect of a regulated product described in paragraph (a) or (b).
Government bound
4.This Act binds the Government of the Northwest Territories.
PART 2
ADMINISTRATION OF ACT
Administration of Act
5.The Minister is responsible for the administration of this Act and the regulations.
Agreements
6.The Minister may enter into an agreement with a local government to further the purposes of this Act, including an agreement in respect of
(a) any classes of persons employed by the local government who are designated under section 31 as inspectors for the purposes of this Act and the regulations;
(b) the terms for financial arrangements between the parties to the agreement; and
(c) facilitating co-operation and coordinated action between the parties to the agreement.
PART 3 SAFETY STANDARDS,
CERTIFICATION MARKS
AND APPROVAL OF
REGULATED PRODUCTS
Safety Standards
Establishment of codes or standards
7.(1) The Minister may make regulations establishing codes or standards respecting regulated work and regulated products.
(2) Regulations made under subsection (1) may adopt by reference, in whole or in part, and with any variations that the Minister considers necessary, a code or standard set by a provincial, national or international body or any other code or standard-making body, as the code or standard stands at a specific date, as it stands at the time of adoption or as amended from time to time, and upon adoption the code or standard is in force in the Northwest Territories, either in whole or in part, and with such variations as may be specified in the regulations.
Certification Marks
Certification mark as proof of compliance with standard
8.The presence of a certification mark on a regulated product is proof, in the absence of evidence to the contrary, that the product complies with the provisions of the codes or standards that the product must comply with for that certification.
Approval of Regulated Products
Letter of approval
9.(1) The Chief Inspector may issue a letter of approval to use a regulated product in the Northwest Territories, regardless of whether the product bears a certification mark, if
(a) the Chief Inspector has a letter of certification written by a professional engineer or other qualified person acceptable to the Chief Inspector, certifying that the product complies with the applicable provisions of the codes or standards; and
(b) any other prescribed requirements for approval are met.
(2) If a regulated product that does not bear a certification mark is accepted under subsection 27(4) for use under an alternative safety approach, the Chief Inspector shall issue a letter of approval to use the product in accordance with the alternative safety approach.
(3) The Chief Inspector shall provide a copy of any letter of approval issued under this section to the owner of the regulated product and to the Registrar.
PART 4 REGISTRY, REGISTRAR OF STANDARDS,
REGISTRATION OF REGULATED
PRODUCTS AND CERTIFICATES
OF INSPECTION
Registry
Registry
10.(1) For the purpose of furthering safety in respect of regulated work and regulated products, the Minister shall establish a registry
(a) to register regulated products under section 11; and
(b) to record the information required under this Part.
(2) The Minister shall appoint a Registrar of Standards.
(3) The Registrar may exercise the powers and shall perform the duties of the Registrar under this Act and the regulations.
(4) The Superintendent may be appointed as and hold the position of Registrar.
(5) The Chief Inspector or another inspector must not be appointed as or hold the position of Registrar.
Registration of Regulated Products
Requirement for registration
11.(1) All regulated products that are used or operated in the Northwest Territories must be registered under this section.
(2) An owner of a regulated product may apply to the Registrar for registration of the product.
(3) The Registrar shall register the regulated product if
(a) there is a certificate of inspection in effect for the upcoming year in respect of the product;
(b) any prescribed requirements for registration are met; and
(c) the applicant pays the prescribed registration fee.
(4) A registration under subsection (3) expires one year after the date of registration unless it is renewed under subsection (6).
(5) The owner of a registered regulated product may apply to the Registrar before the product’s registration has expired to renew the registration.
(6) The Registrar shall renew the registration of the regulated product if
(a) there is a certificate of inspection in effect for the upcoming year in respect of the product;
(b) any prescribed requirements for renewal are met; and
(c) the applicant pays the prescribed annual renewal fee.
(7) An application under subsection (2) or (5) must be made in a form and manner approved by the Registrar.
Certificate of Inspection
Request for inspection
12.(1) An owner of a regulated product may request an inspector to carry out an inspection in respect of the product for the purposes of an application for registration or to renew a registration under section 11.
(2) Where an inspection in respect of a regulated product is carried out and the product and regulated work performed on the product are found to comply with this Act, the regulations and the codes and standards adopted under section 7, the inspector shall issue a certificate of inspection in respect of the product.
(3) A certificate of inspection is valid for one year.
(4) Notwithstanding subsection (3), an inspector may cancel a certificate of inspection if
(a) the regulated product or regulated work performed on the product are found to no longer comply with this Act, the regulations or the codes or standards; or
(b) the owner of the product fails to comply with this Act, the regulations, the codes or standards or an order of an inspector.
(5) A person may request an inspector to carry out an inspection not otherwise required by this Act in respect of a regulated product or regulated work.
(6) A person who requests that an inspection be carried out under subsection (1) or (5) shall pay the prescribed fee for the inspection.
Registry Content
Registry content
13.(1) The Registrar shall record in the registry the following information:
(a) subject to subsection (2), in respect of persons who hold or have held a certificate of qualification or contractor licence, who have been convicted of an offence under this Act or against whom a compliance order has been issued,
(i) the name of the person,
(ii) a unique identifying number assigned by the Registrar to the person,
(iii) if the person holds a certificate of qualification or contractor licence, an address of the person for the service of documents,
(iv) the certificates of qualification and contractor licences issued to the person and the status of those certificates and licences, each field of work in which the person is authorized to perform regulated work, the classes of regulated products in respect of which the person is authorized to perform the work, the scope of regulated work that the person is authorized to perform, and any terms and conditions that are attached to that authorization, and subject to subsection (2), the following information about each compliance order and conviction of an offence under this Act:
(A) the date of the compliance order or conviction,
(B) the field of work to which the compliance order or conviction relates,
(C) the conduct giving rise to and reasons for the compliance order or conviction,
(D) in the case of a compliance order, whether the order remains in force,
(E) in the case of a compliance order issued by the Chief Inspector under section 45, a description of the order,
(F) in the case of a fine under section 64, the amount of the fine;
respect of owners of registered products, the name of the owner, a unique identifying number assigned by the Registrar to the owner, and the unique identifying number assigned by the Registrar to each of the registered products under subparagraph (d)(i); of permits, a unique identifying assigned by the Registrar to the
respect of registered regulated
a unique identifying number assigned by the Registrar to the product, and a copy of any letter of approval provided to the Registrar under subsection 9(3);
(e) in respect of registered regulated products or previously registered regulated products, a record of any fees, fines or other money owed under this Act or the regulations in respect of the product that remains unpaid;
(f) any prescribed information, including in respect of any matter referred to in paragraphs (a) to (e).
(2) Information about a compliance order or a conviction of an offence under this Act shall not be included in the registry unless the period allowed for appealing the order or conviction has expired without an appeal being commenced, or any appeal has been finally disposed of.
(3) The Registrar may remove from the registry
(a) information about an individual who dies or a corporation that ceases to exist; and
(b) any prescribed information.
(4) A person who holds a certificate of qualification or contractor licence shall provide the Registrar with and keep the Registrar informed of the person’s current address for the purpose of service of documents.
Collection of information by inspector
14.(1) The Chief Inspector or another inspector, as applicable, may collect information that, in their opinion, is necessary for
(a) the issuance of
(i) a certificate of qualification, contractor licence, operating permit or other authorization,
(ii) a variance, safety order or compliance order, or
(iii) another document required under this Act or the regulations; or
(b) the evaluation of a proposed alternative safety approach.
(2) Any information collected under subsection (1) must be submitted to the Registrar in a form specified by the Registrar.
(3) If the Chief Inspector or another inspector, as applicable, issues or accepts any of the following documents, they shall submit to the Registrar, in a form specified by the Registrar, a record of the document’s issuance or acceptance, and of its contents:
(a) any certificate of qualification, contractor licence, operating permit or other authorization issued under this Act or the regulations;
(b) any variance, safety order or compliance order issued under this Act;
(c) any alternative safety approach accepted under this Act.
Definition: "personal information"
15.(1) In this section, "personal information" means personal information as defined in section 2 of the Access to Information and Protection of Privacy Act.
(2) Subject to subsection (3), the Registrar
(a) shall disclose information in the registry on the request of any person and on payment of any prescribed fee; and
(b) may publish all or part of the information in the registry.
(3) The Registrar shall not publish or otherwise disclose any of the following that is personal information about a person named in the registry:
(a) the address of the person’s private residence, unless
(i) a regulated product is located in or on the premises and accessible to the public or any segment of the public, or
(ii) the person has consented to the disclosure;
(b) financial information, unless the information is referred to in clause 13(1)(a)(vi)(F).
(4) If there is an inconsistency or conflict between this section and a provision of the Access to Information and Protection of Privacy Act, this section prevails to the extent of the inconsistency or conflict.
ALTERNATIVE SAFETY
APPROACHES
Authorizations
Regulations requiring authorization
16.In addition to those authorizations established and required by this Act, the Minister may, by regulation, establish and require certificates, licences, permits and other authorizations, in respect of regulated work or regulated products.
Authorization for undertaking regulated work
17.(1) If an authorization is required by this Act or the regulations to undertake regulated work, the owner of the regulated product in respect of which the regulated work is to be done shall ensure that the authorization is obtained.
(2) If an authorization is required by this Act or the regulations to operate or use a regulated product, the owner of the product shall ensure that the authorization is obtained.
(3) An authorization is subject to any terms and conditions provided for in this Act or the regulations, or imposed on the authorization by an inspector.
(4) A person who holds an authorization shall comply with any terms and conditions of the authorization.
(5) If an inspector refuses to issue, or suspends or cancels, an authorization, the inspector shall give notice of that decision to the applicant or to the person who holds the authorization, as the case may be, in accordance with the regulations.
(6) An authorization may be refused, suspended or cancelled if the applicant or person who holds the authorization, as the case may be, is delinquent in the payment of a fee, fine or other money owed under this Act or the regulations.
(7) Subsection (6) applies
(a) notwithstanding any requirement under this Act or the regulations to issue an authorization; and
(b) without limiting the discretion under this Act or the regulations of a person to issue, suspend or cancel an authorization.
Certificate of Qualification
Requirement for certificate of qualification
18.(1) Subject to subsection (2), no person shall perform regulated work unless the person
(a) holds a certificate of qualification that authorizes them to perform the work; or
(b) is otherwise authorized to perform the work under this Act or the regulations.
(2) Subsection (1) does not apply in respect of
(a) the testing of a regulated product by a person acting under the authority of a certification agency; or
(b) the alteration of a regulated product by a person approved by the Chief Inspector under paragraph 57(2)(b).
Application
19.(1) An individual who wishes to be certified as qualified to perform regulated work may, in accordance with the regulations, apply to the Chief Inspector for a certificate of qualification in one or more fields of work relating to regulated products, in respect of one or more classes of regulated products.
(2) Notwithstanding subsection (1), the Chief Inspector may, in respect of one or more regulated products or classes of regulated products, require an application under that subsection to be made in a form and manner approved by the Chief Inspector.
(3) If the Chief Inspector receives an application under subsection (1), they shall, in accordance with any regulations, evaluate the applicant’s qualifications.
(4) The Chief Inspector may recognize credentials or recognize or administer training or examinations for the purposes of evaluating an applicant’s qualifications under subsection (3).
(5) The Chief Inspector shall issue a certificate of qualification to an applicant in each field of work relating to regulated products, in respect of one or more classes of regulated products, in which the applicant is qualified, if
(a) the Chief Inspector is satisfied that the applicant meets the prescribed requirements for the certificate of qualification; and
(b) the applicant pays the prescribed application fee.
Licensing of Contractors
Prohibition
20.(1) Unless subsection (2) applies, no person shall
(a) manage or direct individuals performing regulated work; or
(b) subject to subsection (4), do regulated work for another person who is not a licensed contractor.
(2) The prohibition in subsection (1) does not apply if the person
(a) is a licensed contractor;
(b) is approved in writing by the Chief Inspector to so manage or direct individuals or to do such regulated work; or
(c) is otherwise authorized under this Act or the regulations to so manage or direct individuals or to do such work.
(3) The Chief Inspector may approve a person for the purposes of paragraph (2)(b) if the Chief Inspector is satisfied that the person is capable of safely
(a) managing or directing individuals performing regulated work; or
(b) doing regulated work for another person who is not a licensed contractor.
(4) Paragraph (1)(b) does not prohibit a qualified worker from performing regulated work within the scope of their certificate of qualification for a licensed contractor.
Application
21.(1) A person may apply to the Chief Inspector for a contractor licence
(a) to manage or direct individuals performing regulated work; or
(b) to do regulated work for another person who is not a licensed contractor.
(2) An application under subsection (1) must be made in a form and manner approved by the Chief Inspector.
(3) If the Chief Inspector receives an application under subsection (1), they shall, in accordance with any regulations, evaluate the applicant’s qualifications and the qualifications of the applicant’s employees.
(4) The Chief Inspector may recognize credentials or recognize or administer training or examinations for the purposes of evaluating the applicant’s qualifications and the qualifications of the applicant’s employees under subsection (3).
(5) The Chief Inspector shall issue a contractor licence to an applicant if
(a) the Chief Inspector is satisfied that the applicant meets the prescribed requirements for the licence; and
(b) the applicant pays the prescribed application fee.
(6) A contractor licence issued under subsection (5) may specify, in respect of one or more classes of regulated products,
(a) one or more fields of work in which the licensed contractor is authorized
(i) to manage or direct individuals performing regulated work, or
(ii) to do regulated work for another person who is not a licensed contractor; and
(b) in respect of each field of work, one or more types of regulated work
(i) in respect of which the licensed contractor is authorized to manage or direct individuals performing that work, or
(ii) that the licensed contractor is authorized to do for another person who is not a licensed contractor.
Licensed Contractors: Prohibitions and Duties
Prohibitions
22.(1) A licensed contractor shall not
(a) manage or direct individuals performing regulated work or do regulated work, outside the scope of their contractor licence or contrary to any term or condition of the licence; or
(b) permit regulated work to be undertaken by an individual under their control if the individual does not hold a certificate of qualification that authorizes them to perform the work.
(2) A licensed contractor shall
(a) maintain current knowledge of this Act, any relevant regulations, codes or standards, directives or safety orders and any other relevant material that the Minister makes publicly available; and
(b) ensure that individuals who do regulated work for the licensed contractor maintain similar current knowledge.
(3) A licensed contractor shall, for each class of regulated products specified in their licence,
(a) for each field of work in which they are authorized in respect of that class of products, employ or engage at least one individual who holds a certificate of qualification in that field in respect of that class of products; and
(b) ensure that regulated work is undertaken in respect of that class of products only by individuals who hold a certificate of qualification in the relevant field that authorizes them to perform the work.
(4) For greater certainty, the same individual may be employed or engaged under paragraph (3)(a) in respect of more than one field of work or class of regulated products, if the individual has a certificate of qualification in each relevant field or in respect of each relevant class of products, as the case may be.
Plans and specifications
23.(1) All plans and specifications for the following installations must be submitted to an inspector by or on behalf of the owner of the premises in or on which the installation is proposed:
(a) the installation of a regulated product in a public, industrial or commercial building or in or on any installation, building or structure, whether permanent or temporary, where public safety is a concern;
(b) the installation of a generator, controller, motor, cab, pulley, hoist, cable, hydraulic component or any other prescribed component or part of a regulated product;
(c) any other prescribed installation.
(2) No person shall begin work on an installation referred to in subsection (1) until the inspector has approved in writing the plans and specifications.
Operating Permits
Requirement for operating permit
24.No person shall operate a regulated product unless the owner of the product holds an operating permit that allows for the operation of the product.
Application
25.(1) An owner of a regulated product may apply to an inspector for an operating permit in respect of the product.
(2) An application under subsection (1) must be made in a form and manner approved by the Chief Inspector.
(3) An inspector shall, in accordance with the regulations, issue an operating permit to the owner of a regulated product if
(a) a certificate of inspection is in effect in respect of the product;
(b) the inspector is satisfied that the applicant meets the prescribed requirements for the permit; and
(c) the applicant pays the prescribed application fee.
(4) An operating permit may be issued for a term of up to one year.
(5) A holder of an operating permit shall ensure that individuals who do regulated work in respect of the regulated product for which the permit is issued maintain current knowledge of this Act, any relevant regulations, codes or standards, directives or safety orders and any other relevant material that the Minister makes publicly available.
(6) A holder of an operating permit shall not allow regulated work to be performed in respect of the regulated product for which the permit is issued by a person who is not authorized under this Act or the regulations to perform the work.
Variances
Variance
26.(1) The Chief Inspector may, on request by any person and if any prescribed requirements are met, issue to that person, in writing and for an individual circumstance on a single occasion, a variance that allows for
(a) a deviation from the application of a provision of the regulations or of the codes or standards, in respect of a regulated product or regulated work; or
(b) a use, other than the standard use, of a regulated product, if the proposed use is not specifically prohibited under this Act or the regulations.
(2) A variance is subject to any terms and conditions imposed on the variance by the Chief Inspector.
(3) A person who holds a variance
(a) shall comply with any terms and conditions of the variance; and
(b) if they so comply, shall be considered to be in compliance with the provision of the regulations or of the codes or standards, the application of which has been varied.
(4) A variance has no precedential value.
(5) A variance continues for the period of time specified in the variance, unless
(a) the Chief Inspector modifies that period; or
(b) the variance is cancelled.
(6) If the Chief Inspector refuses to issue or cancels a variance, the Chief Inspector shall give written notice of that decision to the applicant or to the holder of the variance, as the case may be, in accordance with the regulations.
(7) A decision of the Chief Inspector to refuse to issue or to cancel a variance is not appealable to the Superintendent.
Alternative Safety Approaches
Proposal for alternative safety
27.(1) A person may submit a proposal for an alternative safety approach to the Chief Inspector that
(a) sets out a proposed approach to safety as an alternative to one or more requirements of the regulations or the codes or standards; or
(b) if the regulations or the codes or standards do not address safety in respect of particular regulated work or a particular regulated product, establishes a proposed plan for the safe undertaking of that work or the safe operation or use of that product.
(2) A proposal for an alternative safety approach under subsection (1) must be submitted in a form and manner approved by the Chief Inspector.
(3) Subject to subsection (4) and in accordance with the regulations, the Chief Inspector may accept a proposed alternative safety approach if
(a) any prescribed requirements for acceptance are met;
(b) the Chief Inspector considers that the proposed approach limits the risk of personal injury or damage to property to a level that is consistent with the objectives of this Act and the regulations; and
(c) in all the circumstances, the Chief Inspector is satisfied that the proposed approach should be accepted.
(4) A regulated product that does not bear a certification mark must not be accepted for use under an alternative safety approach unless
(a) the Chief Inspector has a letter of certification written by a professional engineer or other qualified person acceptable to the Chief Inspector, certifying that the product complies with or satisfies the objectives of the applicable provisions of the codes or standards; and
(b) any other prescribed requirements for acceptance are met.
(5) An alternative safety approach is subject to any terms and conditions imposed on the alternative safety approach by the Chief Inspector.
(6) A regulated product that is accepted for use under an alternative safety approach must only be used in accordance with the requirements, terms and conditions of the alternative safety approach.
(7) An alternative safety approach has no precedential value.
(8) If the Chief Inspector accepts a proposed alternative safety approach described in paragraph (1)(a),
(a) the proponent is exempt from any requirement of the regulations or of the codes or standards, set out in the alternative safety approach, except as modified by the Chief Inspector; and
(b) the exemption under paragraph (a) continues for the period of time specified in the alternative safety approach, unless
(i) the Chief Inspector modifies that period, or
(ii) the alternative safety approach is suspended or cancelled.
(9) If the Chief Inspector accepts a proposed alternative safety approach, any matter addressed in the alternative safety approach may be inspected for the purpose of determining
(a) whether the proponent is complying with the requirements, terms and conditions of the alternative safety approach; or
(b) the extent to which the alternative safety approach is meeting the objectives of this Act and the regulations.
(10) The proponent of an accepted alternative safety approach shall ensure that persons who undertake regulated work or operate or use a regulated product, that is the subject of the alternative safety approach, comply with the requirements, terms and conditions of the alternative safety approach.
(11) If the Chief Inspector refuses to accept, or suspends or cancels, an alternative safety approach, the Chief Inspector shall give written notice of that decision to the proponent in accordance with the regulations.
(12) A decision of the Chief Inspector to refuse to accept, or to suspend or cancel, an alternative safety approach, is not appealable to the Superintendent.
PART 6 ADMINISTRATION AND ENFORCEMENT
Definitions
28.In this Part,
"dwelling place" means
(a) a building or structure that is kept or occupied as a permanent or temporary residence,
(b) a building or structure that is connected to a building or structure referred to in paragraph (a) by a doorway or by a covered and enclosed passageway,
(c) the part of a building or structure kept or occupied as a permanent or temporary residence in a building or structure used for additional purposes, or
(d) a unit that is designed to be mobile, such as a tent or other temporary shelter, and to be used as a permanent or temporary residence, and that is being used as such a residence; (lieu d’habitation)
"place" means
(a) land, premises or any portion thereof
(i) in, on or under which a regulated product is located or where regulated work is done, or
(ii) in which an inspector believes on reasonable grounds there is any record or other thing to which this Act or the regulations applies, or a record or other thing relating to the administration of this Act or the regulations, or
(b) any installation, building, structure, equipment, system or device situated at a place described in subparagraph (a)(i) or (ii); (lieu)
"record" includes any document, book, plans and specifications, drawings, electronic data or other record. (dossier)
Superintendent and Inspectors
Appointment: Superintendent
29.(1) The Minister shall appoint a Superintendent of Standards.
(2) The Superintendent may exercise the powers and shall perform the duties of the Superintendent under this Act and the regulations.
(3) The Chief Inspector or another inspector must not be appointed as or hold the position of Superintendent.
Appointment: Chief Inspector
30.(1) The Minister shall appoint a Chief Inspector.
(2) The Chief Inspector may exercise any or all of the powers of an inspector and may do one or more of the following:
(a) issue, suspend or cancel a certificate of qualification, and impose any terms or conditions on the certificate that they consider appropriate;
(b) issue, suspend or cancel a contractor licence, and impose any terms or conditions on the licence that they consider appropriate;
(c) issue a safety order or a compliance order under section 45;
(d) issue a directive;
(e) require a person who holds a certificate of qualification, contractor licence, operating permit or other authorization to be re-evaluated as to their qualifications to maintain or renew the authorization;
(f) if the regulations require persons who hold a certificate of qualification, contractor licence, operating permit or other authorization to complete continuing education, recognize, devise or administer training or other activities as continuing education;
(g) evaluate the qualifications of a person who applies for a certificate of qualification, contractor licence, operating permit or other authorization;
(h) recognize credentials or recognize or administer training or examinations for the purposes of evaluating the qualifications of a person under paragraph (g);
(i) recognize or administer training or examinations for the purposes of a safety order under subparagraph 46(2)(b)(v);
(j) subject to the regulations, issue, with or without terms and conditions, a variance, and cancel a variance;
(k) subject to the regulations,
(i) accept, with or without terms and conditions, a proposed alternative safety approach,
(ii) vary the terms and conditions of, or impose new terms and conditions on, an alternative safety approach, and
(iii) suspend or cancel an alternative safety approach;
(l) exercise any other powers of the Chief Inspector under this Act or the regulations.
The Chief Inspector
(a) subject to subsection (4), shall perform the duties of the Chief Inspector under this Act and the regulations; and
(b) has general supervision and direction of all other inspectors in carrying out and enforcing the provisions of this Act and
(4) The Chief Inspector may, in writing, delegate to an inspector any of the powers or duties of the Chief Inspector under the following provisions:
(a) section 19, except subsection 19(2) and the power to recognize credentials, training or examinations under subsection 19(4);
(b) section 21, except subsection 21(2) and the power to recognize credentials, training or examinations under subsection 21(4);
(c) section 42;
(d) section 45;
(e) section 46.
Inspectors
31.(1) The Minister may appoint inspectors for the purposes of this Act and the regulations.
(2) The following persons are, by virtue of their offices, inspectors for the purposes of this Act and the regulations:
(a) the Chief Inspector;
(b) safety officers appointed under section 19 of the Safety Act.
(3) The Minister may, by order, designate other classes of persons who, by virtue of their offices, are inspectors for the purposes of this Act and the regulations.
(4) Before designating as inspectors under subsection (3) a class of persons employed by a government other than the Government of the Northwest Territories, the Minister shall obtain the agreement of that government.
Directions of Chief Inspector
32.Every inspector is subject to the directions of the Chief Inspector in exercising powers or performing duties under this Act or the regulations.
Identification
33.When acting under the authority of this Act, an inspector shall carry identification in a form approved by the Minister, and shall present it on request to the owner or person in charge of any place being inspected.
Powers of inspectors
34.(1) For the purposes of this Act and in the course of performing their duties, inspectors may exercise any or all of the following powers and any other powers of an inspector under this Act or the regulations:
(a) issue, suspend or cancel an operating permit, and impose any terms or conditions on the permit that they consider appropriate;
(b) during or after completion of regulated work, require a certificate or affidavit, given by a person recognized by the regulations as having the authority to provide a certificate or affidavit, that the specified regulated work meets the requirements of this Act and the regulations;
(c) issue a compliance order under section 44;
(d) exercise such other powers as may be necessary or incidental to the carrying out of the inspector’s functions under this Act or the regulations.
(2) If an inspector considers it necessary to take immediate action in order to prevent, avoid or reduce a risk of personal injury or damage to property and there is no person who could carry out the action, an inspector may take the necessary action and issue any safety order that could be made by the Chief Inspector under section 46.
(3) An inspector shall perform the duties of an inspector under this Act and the regulations.
Request for assistance
35.If an inspector is obstructed in exercising powers or performing duties under this Act or the regulations, or requires the expertise of another person in order to exercise such powers or perform such duties, the inspector may request another person whom the inspector considers appropriate to assist the inspector in exercising those powers or performing those duties.
Protections
36.(1) The protections afforded under this Act or the regulations to an inspector extend to another person while and to the extent that the person is in the course of assisting the inspector under the inspector’s direction.
(2) An inspector or any other person having powers or duties under this Act or the regulations is not liable for anything done or not done by them in good faith in the exercise of those powers or the performance of those duties.
Inspection
Powers on inspection
37.(1) Subject to subsection (4), for the purpose of ensuring compliance with this Act, the regulations, the codes or standards or any order or decision made under this Act or the regulations, or to determine the cause of an accident, incident or dangerous event that occurred as a result of regulated work or the operation or use of a regulated product, an inspector may
(a) at any reasonable time, enter and inspect any place in which the inspector believes on reasonable grounds there is any record or other thing to which this Act or the regulations applies, or a record or other thing relating to the administration of this Act or the regulations;
(b) inspect the record or other thing;
(c) inspect any other record or thing that is in the place and that the inspector believes on reasonable grounds is a record or thing referred to in paragraph (a);
(d) open any container or other thing that the inspector believes on reasonable grounds contains a record or other thing referred to in paragraph (b) or (c);
(e) require any regulated product that is being inspected to be started, turned on, put in motion, tested, operated, used, stopped or turned off for the purpose of its inspection;
(f) conduct tests or analysis that may be relevant to the inspection;
(g) require any person to produce for examination or copying any record that the inspector believes on reasonable grounds contains information that is relevant to the administration of this Act or the regulations;
(h) require the preparation and production to the inspector of plans and specifications for the installation of a regulated product that the inspector considers necessary;
(i) remove, or direct the removal of, an obstruction that may prevent a thorough inspection;
(j) take photographs or recordings of the place or any thing or activity in the place;
(k) make any inspection, examination or inquiry as the inspector considers necessary;
(l) require a person to provide information orally or in writing, including
(i) the names and addresses of licensed contractors or other persons employed or engaged to do regulated work, their qualifications, the nature of the regulated work they do and when and where the work is done, and
(ii) evidence that this Act and the regulations, and any safety order, compliance order or decision of an inspector, the Chief Inspector or the Superintendent is being, or has been, complied with; and
(m) administer an oath or affirmation to a person or take or receive an affidavit from them, and certify the administration of the oath or the taking or receiving of the affidavit.
(2) In carrying out an inspection of a place under subsection (1), an inspector may
(a) use or cause to be used any computer system or other electronic device at the place to examine any data contained in or available to the computer system or other electronic device;
(b) reproduce any record or cause it to be reproduced from the data in the form of a printout or other output;
(c) use or cause to be used any copying equipment at the place to make copies of the data or any other record; and
(d) remove from the place, or direct the removal from the place, of any record or other thing, or require the record or other thing to be provided or delivered to an inspector, for the purpose of making copies or for further inspection.
(3) Any copying or further inspection done under paragraph (2)(d) must be carried out as soon as is practicable, and the record or other thing must be returned promptly to the person from whom it was taken.
(4) An inspector may only enter a dwelling place with the consent of the occupant or under the authority of a warrant issued under section 38.
Warrant to inspect dwelling place
38.(1) If, on an ex parte application, a justice is satisfied by information on oath or affirmation that
(a) there is in a dwelling place a record or other thing to which this Act or the regulations applies or a record or other thing relating to the administration of this Act or the regulations,
(b) entry to the dwelling place is necessary for a purpose relating to the administration of this Act or the regulations, and
(c) entry to the dwelling place has been refused or that there are reasonable grounds for believing that entry will be refused,
the justice may issue a warrant authorizing an inspector and any other named person to enter and inspect that dwelling place and exercise any power referred to in subsection 37(1) or (2), subject to any conditions that may be specified in the warrant.
(2) An endorsement that is made on a warrant as provided for in subsection (1) is sufficient authority to the inspector to whom it was originally directed, to any other inspector, and to any other named person, to execute the warrant.
Discretion whether to inspect after authorization issued
39.Except as otherwise provided under this Act or the regulations, an inspector is not required to inspect regulated work or a regulated product solely because an authorization was issued in respect of the work or product.
Co-operation with Inspectors
Duty to co-operate
40.(1) The owner or person in charge of a place that is entered by an inspector under section 37 or 38, and every person found in the place, shall
(a) produce for inspection any record or other thing requested by the inspector for the purposes of this Act or the regulations;
(b) provide to the inspector any equipment or assistance that is reasonably necessary to enable the inspector to exercise powers or perform duties under this Act or the regulations;
(c) provide to the inspector any information relevant to the administration of this Act or the regulations that the inspector may reasonably require; and
(d) take all necessary precautions to ensure the safety of people and property while the inspector exercises powers or performs duties under this Act or the regulations.
(2) A licensed contractor or other person performing regulated work shall disclose to an inspector any regulated product or regulated work that creates a risk of personal injury or damage to property.
(3) An employer shall not dismiss, suspend, lay off, penalize, discipline or discriminate against any person if the reason for doing so is in any way related to the disclosure referred to in subsection (2).
Investigation
41.An inspector may investigate any allegation that a contravention of this Act or the regulations has occurred.
Directives
Directives
42.(1) The Chief Inspector may, in writing, on their own initiative or if requested by any person, issue a directive on the interpretation, application or operation of any provision of this Act, of the regulations or of the codes or standards.
(2) A directive under subsection (1) may be issued
(a) generally;
(b) for specific regulated work;
(c) for a specific regulated product or class of regulated products;
(d) for a class of persons; or
(e) for or in respect of a specified period of time.
(3) The Chief Inspector shall make reasonable efforts to notify all persons affected by a directive.
(4) If a directive is issued generally or for a class of regulated products or persons, the Chief Inspector may satisfy the requirement in subsection (3) by providing public notice of the directive by any means of communication that the Chief Inspector considers will make it known to the majority of persons affected.
(5) Subject to sections 26 and 27, if there is a conflict between the regulations or the codes or standards and a directive of the Chief Inspector, the regulations or the codes or standards, as applicable, prevail to the extent of the conflict.
(6) A directive may be given in advance of an application for a certificate of qualification, contractor licence, operating permit or other authorization required under this Act or the regulations.
Incident Reports and Inspection
Reporting incidents
43.(1) If an accident, incident or dangerous event, as defined in the regulations, occurs as a result of regulated work or the operation or use of a regulated product, the following persons shall, in accordance with the regulations, report the accident, incident or event to the Chief Inspector:
(a) the person in charge of the product or work;
(b) the owner of the product;
(c) any prescribed person.
(2) An inspector may carry out an inspection in respect of an accident, incident or dangerous event referred to in subsection (1),
(a) on receiving a report under subsection (1); or
(b) on their own initiative.
(3) The Chief Inspector may appoint persons to assist in an inspection referred to in subsection (2).
(4) A person appointed under subsection (3), for the purposes of assisting in the inspection,
(a) has all the powers of an inspector under subsections 37(1) and (2); and
(b) shall report on the inspection to the Chief Inspector in accordance with the regulations.
Compliance Orders: Inspectors
Compliance orders of inspectors
44.(1) An inspector may, in writing, issue a compliance order to a person under this section if, in the opinion of the inspector,
(a) there is a risk of personal injury or damage to property because regulated work is being carried out, or a regulated product is being operated, used or disposed of, in a manner that does not comply with this Act, the regulations or the codes or standards, or with a requirement, term or condition of an alternative safety approach; or
(b) a person
(i) fails to comply with a requirement of an inspector who is carrying out duties assigned under this Act or the regulations,
(ii) obstructs, hinders, delays or fails to co-operate with or provide necessary assistance to an inspector who is carrying out duties assigned under this Act or the regulations, or
(iii) otherwise fails to comply with this Act or the regulations.
(2) A compliance order issued under subsection (1) may
(a) require that regulated work be stopped, or that practices involving regulated work be modified;
(b) require that a regulated product be stopped, closed down or disconnected from energy sources, or that practices involving a regulated product be modified;
(c) require that advertising, display or disposal of a regulated product be stopped; or
(d) require that a person take, modify or stop any other action that the inspector considers necessary to prevent, avoid or reduce a risk of personal injury or damage to property.
(3) Regulated work that has been stopped or a regulated product that has been stopped, closed down, disconnected or turned off, under a compliance order issued under subsection (1), must not be restarted, reopened, reconnected or turned on again, except
(a) as provided for in the order; or
(b) with written permission of an inspector.
(4) A compliance order issued under paragraph (1)(a) on the grounds that there is an imminent risk of personal injury or damage to property must not be stayed during an appeal.
Compliance Orders: Chief Inspector
Compliance orders of the Chief Inspector
45.(1) The Chief Inspector may, in writing, on their own initiative or if requested by an inspector, issue a compliance order under this section to any person performing regulated work who
(a) is in breach of a term or condition of, or restriction on, a certificate of qualification, contractor licence, operating permit or other authorization;
(b) if the person is a licensed contractor,
(i) manages or directs individuals performing regulated work or does regulated work, outside the scope of their licence, or
(ii) permits regulated work to be undertaken by an individual under their control who does not hold a certificate of qualification that authorizes them to perform the work;
(c) performs regulated work that they are not qualified to undertake;
(d) fails to comply with a safety order;
(e) fails to comply with a compliance order issued by an inspector under section 44; or
(f) fails to comply with a requirement, term or condition of an alternative safety approach.
(2) A compliance order issued under subsection (1) may
(a) suspend the licence of a licensed contractor or any other authorization issued to any person;
(b) cancel the licence of a licensed contractor or any other authorization issued to any person, to take effect
(i) immediately, if the failure to comply has resulted in serious personal injury or serious damage to property, or a risk of serious personal injury or serious damage to property, or
(ii) at the expiry of a period of time after the day on which the person receives the order, or is deemed to have received the order in accordance with the regulations, that the Chief Inspector considers reasonable in the circumstances, as specified in the order;
(c) change the terms or conditions of, or attach additional terms or conditions to, the licence of a licensed contractor or any other authorization issued to any person; or
(d) require that any person performing regulated work act only under supervision or as directed in the order.
(3) Notwithstanding paragraph (2)(a) or subparagraph (2)(b)(ii), a compliance order issued under subsection (1) may allow a person whose authorization to do regulated work has been suspended under the order to undertake regulated work in order to bring non-complying regulated work into compliance.
Safety Orders: Chief Inspector
Safety orders
46.(1) To prevent, avoid or reduce a risk of personal injury or damage to property, the Chief Inspector may, in writing, issue a safety order to any person in respect of any of the following:
(a) regulated work or regulated products generally;
(b) specific regulated work;
(c) a specific regulated product or class of regulated products.
(2) A safety order issued under subsection (1)
(a) may specify any requirement that the Chief Inspector considers necessary to prevent, avoid or reduce the risk of personal injury or damage to property; and
(b) without limiting the generality of paragraph (a), may require that
(i) current regulated work or an existing regulated product must be made safe in compliance with the safety order,
(ii) a regulated product must be
(A) stopped, closed down or disconnected from energy sources,
(B) uninstalled, or
(C) modified before continued use,
(iii) a regulated product must be operated, installed, manufactured or disposed of only as specified in the order or that a regulated product must not be moved,
(iv) current or future regulated work or a regulated product must conform to the terms or conditions of the order, or
(v) a person take, modify or stop any other action that the Chief Inspector considers necessary to prevent, avoid or reduce the risk of personal injury or damage to property, including that the person undergo training or examination.
(3) The Chief Inspector shall give written notice of a safety order to the following persons:
(a) the manufacturer of the regulated product;
(b) an owner of the product, if the identity of the owner is known to the Chief Inspector;
(c) the person in charge of the regulated work.
(4) A safety order must not be stayed during an appeal.
Orders Generally
Orders generally
47.(1) An order issued by the Chief Inspector or another inspector under this Act or the regulations,
(a) must name the person to whom the order is addressed;
(b) must state the reasons for the order;
(c) may specify time limits for commencing any action required by the order and for complying with the order or any portion of the order;
(d) may specify the manner, method or procedures to be used in complying with the order;
(e) must state that the person to whom the order is addressed has a right to appeal the order to the Superintendent under subsection 50(1);
(f) must be served on the person to whom the order is addressed; and
(g) may be revoked, suspended or amended by the person who made the order or by another person acting in the same capacity.
(2) Notwithstanding section 44, 45 or 46, an order may be made under any of those sections orally if the Chief Inspector or other inspector making the order is satisfied, on reasonable grounds, that the delay necessary to render the order in writing is likely to substantially increase a risk of personal injury or damage to property.
(3) If an order under section 44, 45 or 46 is made orally, the Chief Inspector or other inspector shall, at the earliest opportunity, render the order and reasons for the order in writing.
Court Ordered Compliance
Court ordered compliance
48.(1) If a person refuses or fails to comply with a safety order or compliance order, an inspector may apply to the Supreme Court for an order to direct compliance with the safety order or compliance order.
(2) The Supreme Court may order that the safety order or compliance order be complied with, on any conditions the Court considers necessary, and the order takes precedence over any order or decision of the Chief Inspector, another inspector or the Superintendent.
PART 7
APPEALS
Definition: "person aggrieved"
49.In this Part, "person aggrieved" means a person who is both directly and immediately aggrieved in respect of a matter for which an appeal is commenced.
Right of appeal
50.(1) Subject to subsections 26(7) and 27(12), a person aggrieved by an order or decision of the Chief Inspector or another inspector, including any of the following orders or decisions, or by a prescribed order or decision, may, in accordance with the regulations and within 30 days of the date of the order or decision, appeal the order or decision to the Superintendent:
(a) a decision to refuse to issue, or to suspend or cancel, a certificate of qualification, contractor licence, operating permit or other authorization;
(b) a decision to refuse to issue a certificate of inspection;
(c) a safety order or compliance order.
(2) Notwithstanding anything in this section, the Superintendent may dismiss an appeal without holding a hearing if the Superintendent is satisfied that the appeal is frivolous or vexatious.
(3) The Superintendent
(a) may allow any other person affected by an order or decision referred to in subsection (1) to appeal; and
(b) shall decide who is a party to the appeal.
(4) The Superintendent shall serve notice of the date, time and place of the hearing on
(a) the parties to the appeal;
(b) any intervenors; and
(c) any other person the Superintendent considers to be sufficiently interested in the appeal.
(5) The Superintendent shall hear an appeal as soon as is practicable after receiving the appeal unless
(a) the appeal is withdrawn;
(b) the appeal is resolved in another way; or
(c) the parties to the appeal otherwise agree.
Nature of appeal
51.(1) An appeal is a new hearing unless the Superintendent otherwise recommends and the parties to the appeal agree.
(2) An appeal is not subject to the rules of evidence applicable to judicial proceedings and evidence may be given in any manner that the Superintendent considers appropriate.
(3) On hearing an appeal, the Superintendent may,
(a) by order,
(i) compel the attendance of a witness,
(ii) compel any person to give evidence, or
(iii) compel any person to produce any document or thing the Superintendent considers relevant to the appeal;
(b) administer oaths and affirmations; and
(c) exercise any other powers respecting appeals as may be assigned to the Superintendent under the regulations.
(4) The Superintendent may engage professional persons to give evidence or make submissions at a hearing.
Exclusive jurisdiction
52.(1) The Superintendent has exclusive jurisdiction to inquire into, hear and determine all those matters and questions of fact, law and discretion arising or required to be determined in an appeal.
(2) After hearing an appeal, the Superintendent may make a written order
(a) confirming, varying or reversing the order or decision;
(b) substituting an order or decision;
(c) referring the matter back to the Chief Inspector or other inspector with or without directions; or
(d) dismissing the appeal.
(3) In making an order under subsection (2), the Superintendent shall consider the maintenance and enhancement of public safety.
(4) An order made under subsection (2) must state the reasons for the order.
(5) The Superintendent shall cause a copy of an order made under subsection (2) to be served on the parties to the appeal.
(6) An order or decision of the Superintendent on a matter in respect of which the Superintendent has exclusive jurisdiction is final.
(7) A certified copy of an order of the Superintendent may be filed in the Supreme Court by the Chief Inspector or the appellant and on being filed all proceedings may be taken on the order as if it were an order of the Supreme Court.
No Automatic Stay
No automatic stay
53.(1) The commencement of an appeal does not operate as a stay or suspend the operation of the order or decision being appealed unless the Superintendent orders otherwise.
(2) Subject to subsections 44(4) and 46(4), the Superintendent may, on application, order that an order or decision being appealed is stayed for a period of time or subject to conditions, or both.
Standard of Review
Standard of review
54.On an application for judicial review, the standard of review is reasonableness, unless the court hearing the application determines that the rule of law requires the standard of correctness to be applied.
PART 8
PROHIBITIONS, OFFENCES AND
PENALTIES
Prohibitions
General prohibitions
55.No person shall do any of the following:
(a) operate, use or dispose of a regulated product, assemble, manufacture, construct, install, test, maintain, repair or alter a regulated product or perform any other regulated work, contrary to this Act, the regulations or the codes or standards;
(b) if this Act or the regulations require a person to obtain an authorization before starting regulated work, do, or continue to do, the work without the required authorization;
(c) if this Act or the regulations require a person to obtain an authorization before operating or using a regulated product, operate or use, or continue to operate or use, the product without the required authorization;
(d) contravene a term or condition of a certificate of qualification, contractor licence, operating permit or other authorization;
(e) contravene a requirement, term or condition of a variance or of an alternative safety approach.
Prohibition against testing product
56.No person shall test a regulated product unless that person
(a) holds a certificate of qualification that authorizes them to do so;
(b) is acting under the authority of a certification agency; or
(c) is otherwise authorized to do so under this Act or the regulations.
Prohibition against alternation if product will cease to comply with standard
57.(1) If a product bears a certification mark, or if a letter of approval to use the product, either generally or in accordance with an alternative safety approach, has been issued, no person shall alter the product if the alteration would or is likely to result in the product ceasing to comply with or satisfy the objectives of the provisions of the codes or standards that the product must comply with or satisfy for that certification or approval, as the case may be.
(2) If an alteration to a regulated product is permitted under subsection (1), no person shall do the alteration unless that person
(a) holds a certificate of qualification that authorizes them to do so;
(b) is approved in writing to do so by the Chief Inspector; or
(c) is otherwise authorized to do so under this Act or the regulations.
(3) The Chief Inspector may approve a person for the purposes of paragraph (2)(b) if the Chief Inspector is satisfied that the person is capable of safely doing the alteration.
Prohibition against operating product not
58.(1) No person shall operate or possess a regulated product unless one of the following circumstances applies:
(a) the product bears a certification mark;
(b) the regulations require that a notice of certification by a certification agency accompany the product or be posted on the premises where the product is to be used or installed, and the product is so accompanied or the notice is so posted;
(c) a letter of approval to use the product, either generally or in accordance with an alternative safety approach, has been issued;
(d) the product is exempted by the regulations for the purposes of this section.
(2) No person shall operate or use a regulated product in a manner that is unsafe or that creates a risk of personal injury or damage to property.
Prohibition against advertising to have
59.(1) No person shall offer or advertise to have regulated work undertaken by another person under their control unless
(a) the person under their control
(i) holds a certificate of qualification that authorizes them to do the work, or
(ii) is otherwise authorized to do the work under this Act or the regulations; and
(b) in the case of an advertisement, the form and content of the advertisement conform to any applicable regulations.
(2) No person shall offer or advertise to do regulated work unless
(a) the person
(i) holds a certificate of qualification that authorizes them to do the work, or
(ii) is otherwise authorized to do the work under this Act or the regulations; and
(b) in the case of an advertisement, the form and content of the advertisement conform to any applicable regulations.
Offences and Penalties
Offences
60.Every person is guilty of an offence who
(a) contravenes, or fails to comply with, a provision of this Act or the regulations;
(b) obstructs or hinders an inspector who is exercising powers or performing duties under this Act or the regulations;
(c) contravenes, or fails to comply with, a safety order or compliance order;
(d) contravenes, or fails to comply with, an order of the Superintendent;
(e) knowingly gives false or misleading information to an inspector; or
(f) fails to comply, as soon as is practicable, with any other valid request or requirement of an inspector.
Creating unsafe conditions
61.(1) Every person is guilty of an offence who engages in any activity, practice or conduct that creates or could create an unsafe regulated product or causes or could cause unsafe regulated work.
(2) Every person is guilty of an offence who requires, authorizes, allows, counsels, condones or acquiesces
(a) in any activity, practice or conduct that is an offence under this Act;
(b) in any activity, practice or conduct that creates or could create an unsafe regulated product or causes or could cause unsafe regulated work; or
(c) in an individual or licensed contractor doing regulated work for which the individual is not qualified or the contractor is not licensed.
Tampering with certificate mark
62.Every person is guilty of an offence who removes, interferes with, changes, defaces or tampers with a certification mark, without approval from
(a) the certification agency that authorized the use of a certification mark;
(b) a successor of that agency; or
(c) the Chief Inspector.
Officers of corporations
63.(1) If a corporation commits an offence, any officer, director, agent or employee of the corporation who directed, authorized, assented to, acquiesced in, or participated in the commission of the offence is a party to and guilty of the offence, and is liable on conviction to the penalty provided for the offence, regardless of whether the corporation has been prosecuted for the offence.
(2) In a prosecution for an offence, it is sufficient proof of the offence to establish that it was committed by an officer, director, agent or employee of the defendant.
(3) Subsection (2) applies regardless of whether the officer, director, agent or employee is identified or has been prosecuted for the offence, but that subsection does not apply if the defendant establishes that
(a) the offence was committed without the defendant’s knowledge or consent; or
(b) the defendant exercised due diligence to prevent commission of the offence.
Penalties
64.Every person who is guilty of an offence under this Act or the regulations is liable on summary conviction
(a) in the case of an individual, to a fine not less than $1,000 and not exceeding $50,000, to imprisonment for a term not exceeding 18 months, or to both; or
(b) in the case of a corporation, to a fine not less than $2,000 and not exceeding $100,000.
Continuing offence
65.If an offence under this Act or the regulations is committed on more than one day or is continued for more than one day, the offence is considered to be a separate offence for each day on which the offence is committed or continued.
Remedial orders
66.In addition to any penalty imposed on a person under section 64, the court may order that the person take or cease taking any action as the court directs and may make any remedial or other order that the court considers appropriate.
Limitation period
67.No proceedings may be instituted in respect of an offence under this Act later than one year after the day on which the Chief Inspector or another inspector became aware of the subject matter of the proceedings.
PART 9
GENERAL
Report
Report
68.The Chief Inspector shall, before May 1 of each year, submit a report to the Minister on the administration of this Act during the 12-month period ending on March 31 of that year.
Regulations
Regulations
69.(1) The Minister may make regulations
(a) defining, enlarging or restricting any word or expression used in this Act or the regulations that is not defined in this Act;
(b) designating a person or class of persons as a certification agency;
(c) prescribing an activity as regulated work for the purposes of paragraph (c) of the definition "regulated work" in section 1;
(d) defining regulated products for the purposes of paragraph 2(1)(b);
(e) respecting the procedure for designating regulated products under subsection 2(2), and prescribing requirements for designation;
(f) exempting any of the following completely or partially, and with or without conditions, from the application of any or all provisions of this Act, the regulations and the codes or standards adopted under section 7:
(i) a person or class of persons,
(ii) any regulated work,
(iii) any regulated product or class of regulated products,
(iv) anything referred to in this paragraph that is in a specified geographic area;
(g) respecting the approval of regulated products under section 9 and of plans and specifications under section 23, including prescribing requirements for approval;
(h) respecting the registration of
(i) regulated products,
(ii) designs of regulated products, and
(iii) procedures used in respect of regulated products; prescribing information required to be included in the registry under paragraph 13(1)(f), and that may be removed from the registry under paragraph 13(3)(b); respecting the submission or production of documents, the records to be made and maintained for the purposes of this Act and the issuance of duplicate copies of any document issued under this Act or the regulations; providing for the suspension or cancellation of a document issued inadvertently or by mistake and requiring the return of a document; respecting any reporting or notification requirements under this Act or the regulations, and establishing reporting or notification requirements in respect of the operation or use of regulated products or the commencement, performance or completion of regulated work, including for the purposes of carrying out inspections under this Act; respecting the qualifications, certification, licensing, training, examination, continuing education and duties of persons, including, but not limited to, inspectors, qualified workers, licensed contractors, approved inspecting contractors, manufacturer’s technical representatives and field safety representatives; establishing and requiring certificates, licences, permits and other authorizations, in respect of regulated work or regulated products; respecting classes of certificates, licences, permits and other authorizations; respecting applications for certificates, licences, permits and other authorizations, including
(i) the form and manner of applications,
(ii) eligibility criteria,
(iii) information that must be included in applications,
(iv) the application process, and
(v) requirements and conditions that must be met for the approval of applications; respecting the issuance, refusal, re- issuance, return, amendment, renewal, expiry, cancellation and suspension of certificates, licences, permits, other authorizations and other documents required under this Act or the regulations; prescribing terms and conditions attached to certificates, licences, permits and other authorizations, or providing for the setting of terms and conditions by the Chief Inspector or another inspector; respecting the form of certificates, licences, permits and other authorizations; respecting powers that may be exercised and duties that must be performed by the Registrar and Superintendent; respecting powers that may be exercised and duties that must be performed by the Chief Inspector and other inspectors; recognizing a person as having the authority to provide a certificate or affidavit for the purposes of paragraph 34(1)(b); requiring the posting or display of any identification label, document, notice or other communication for the purposes of this Act; prohibiting, regulating and controlling regulated work and regulated products, including
(i) the acquisition, display, operation, use and disposal of regulated products, and
(ii) the advertisement of regulated work and regulated products; governing the conduct and obligations of persons in the vicinity of regulated work or regulated products, requiring a person to notify or obtain permission from a person in authority in respect of an intended activity in the vicinity of regulated work or regulated products and requiring the person in authority to perform duties necessary for the safe conduct of the intended activity; respecting accidents, incidents or dangerous events, occurring as a result of regulated work or the operation or use of regulated products, including in respect of
(i) the reporting of and carrying out of inspections in respect of such accidents, incidents or events, and the maintenance and inspection of related records,
(ii) prescribing a person required to report such an accident, incident or event under paragraph 43(1)(c),
(iii) the removal, disturbance or interference with a thing in, on or about a place where such an accident, incident or event has occurred, and
(iv) the collection, use and disclosure of personal information in respect of such an accident, incident or event;
(z.1) exempting a regulated product for the purposes of paragraph 58(1)(d);
(z.2) respecting the service of documents, including the dispensing of service, substitutional service and the deeming of receipt;
(z.3) prescribing and respecting fees in respect of
(i) certificates, licences, permits and other authorizations,
(ii) any inspection carried out or service provided under this Act or the regulations, or
(iii) any other matter regulated under this Act or the regulations, and prescribing penalties for failure to pay such fees;
(z.4) respecting appeals under this Act, including governing the practice and procedure for appeals;
(z.5) prescribing any other matter or thing that is required or authorized by this Act to be prescribed; and
(z.6) respecting any other matter the Minister considers necessary or advisable for carrying out the purposes and provisions of this Act.
(2) Without limiting subsection (1), the Minister may make regulations respecting alternative safety approaches, including
(a) respecting regulated work or regulated products that may be the subject of an alternative safety approach;
(b) respecting the submission, amendment or renewal of an alternative safety approach, including
(i) making requirements in relation to content, and
(ii) requiring, at a proponent’s expense, persons not associated with the proponent to perform duties in respect of the submission, amendment or renewal;
(c) respecting criteria to be considered in determining whether to accept a proposed alternative safety approach;
(d) for the purposes of paragraph (c), conferring a power on the Chief Inspector to establish
(i) categories of alternative safety approaches based on hazards that present a risk of personal injury or damage to property, and
(ii) for each category established under subparagraph (i), requirements that must be included in alternative safety approaches that fall within that category;
(e) respecting premises, equipment, staff, record-keeping and production, monitoring, analysis and reporting, including
(i) designating persons, by title or otherwise, who are responsible for communicating with inspectors and ensuring compliance with the requirements, terms and conditions of an alternative safety approach, and
(ii) requiring, at a proponent’s expense, persons who are not associated with the proponent to perform duties in respect of an alternative safety approach;
(f) respecting criteria to be considered in determining whether to suspend or cancel an alternative safety approach; and
(g) respecting procedures that must be followed before
(i) terms and conditions of an alternative safety approach may be varied or new terms and conditions imposed,
(ii) the Chief Inspector may require an alternative safety approach to be amended, or
(iii) an alternative safety approach may be suspended or cancelled.
(3) Regulations made under subsection (1) or (2) may include different provisions for different regulated work, regulated products, hazards or alternative safety approaches, or for different classes of regulated products, hazards or alternative safety approaches.
Regulations
70.The Commissioner in Executive Council may make regulations prescribing any product or part of that product to be a regulated product for the purposes of subparagraph 2(1)(b)(iv).
TRANSITIONAL
Transitional regulations
71.The Commissioner in Executive Council may make regulations that the Commissioner in Executive Council considers necessary or advisable for the purpose of more effectively bringing into operation the provisions of this Act and to prevent, minimize, address or resolve any transitional difficulties encountered in doing so.
Person performing regulated work on coming into
72.(1) For the purposes of subsection 18(1), a person who, on the coming into force of that subsection,
(a) is performing regulated work, and
(b) holds any certificates, licences, permits or other authorizations required by law to perform that work,
is deemed to hold a certificate of qualification that authorizes them to perform that work until the earlier of
(c) the date on which an authorization referred to in paragraph (a) expires or is cancelled, and
(d) six months after the coming into force of subsection 18(1).
(2) For the purposes of subsection 20(1), a person who, on the coming into force of that subsection,
(a) is managing or directing individuals performing regulated work or doing regulated work for another person who is not a contractor, and
(b) holds any certificates, licences, permits or other authorizations required by law to so manage or direct individuals or to do such work,
is deemed to hold a contractor licence that authorizes them to so manage or direct individuals or to do such work until the earlier of
(c) the date on which an authorization referred to in paragraph (b) expires or is cancelled, and
(d) six months after the coming into force of subsection 20(1).
(3) For the purposes of section 24, the owner of a regulated product that is in operation on the coming into force of that section is deemed to hold an operating permit that allows for the operation of the regulated product for a period of six months after the coming into force of that section.
COMMENCEMENT
Coming into force
73.This Act or any provision of this Act comes into force on a day or days to be fixed by order of the Commissioner.