Boilers and Pressure Vessels Act
Consolidated act- Citation
- R.S.N.W.T. 1988, c.B-2
- 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.
- s.1 amended by RSNWT 1988,c.2(Supp.),s.2 in force April 1, 1993 (SI-002-93)
- s.2 amended by RSNWT 1988,c.94 (Supp.),s.2 in force April 1, 1993 (SI-003-93)
- s.2 amended by Devolution Measures Act in force April 1, 2014
- s.3 amended by Devolution Measures Act in force April 1, 2014
- s.11 amended by RSNWT 1988,c.2(Supp.), s.4, 5 in force April 1, 1993 (SI-002-93)
- s.11 amended by Miscellaneous Statute Law Amendment Act, 2021
- s.12 amended by RSNWT 1988, c.2(Supp.),s.4,6 in force April 1, 1993 (SI-002-93)
- s.13 amended by RSNWT 1988,c.2(Supp.),s.7 in force April 1, 1993 (SI-002-93)
- s.14 amended by RSNWT 1988,c.2(Supp.),s.8 in force April 1, 1993 (SI-002-93)
- s.20 amended by SNWT 1998,c.21,s.1(2) in force Dec. 19, 1998 (SI-018-98)
- s.21 amended by SNWT 1998,c.21,s.1(3) in force Dec. 19, 1998 (SI-018-98)
- s.23 amended by RSNWT 1988,c.2(Supp.),s.10 in force April 1, 1993 (SI-002-93)
- s.23 amended by SNWT 1998, c.21,s.1(4) in force Dec. 19, 1998 (SI-018-98)
- s.24 repealed by RSNWT 1988,c.94(Supp.),s.3 in force April 1, 1993 (SI-003-93)
- s.25 amended by RSNWT 1988,c.2(Supp.),s.4,11 in force April 1, 1993 (SI-002-93)
- s.25 amended by SNWT 1998,c.21, s.1(5) in force Dec. 19, 1998 (SI-018-98)
- s.26 amended by RSNWT 1988,c.2(Supp.),s.4,12 in force April 1, 1993 (SI-002-93)
- s.26 amended by Miscellaneous Statute Law Amendment Act, 2021
- s.27 amended by RSNWT 1988, c.2(Supp.),s.13 in force April 1, 1993 (SI-002-93)
- s.28 amended by RSNWT 1988,c.2(Supp.),s.4 in force April 1, 1993 (SI-002-93)
- s.28 amended by Miscellaneous Statute Law Amendment Act, 2021
- s.29 amended by RSNWT 1988,c.2(Supp.), s.4 in force April 1, 1993 (SI-002-93)
- s.30 amended by RSNWT 1988,c.2(Supp.),s.4 in force April 1, 1993 (SI-002-93)
- s.31 amended by RSNWT 1988,c.2 (Supp.),s.4 in force April 1, 1993 (SI-002-93)
- s.32 amended by RSNWT 1988,c.2(Supp.),s.4,14 in force April 1, 1993 (SI-002-93)
- s.33 amended by RSNWT 1988,c.2(Supp.),s.4 in force April 1, 1993 (SI-002-93)
- s.34 amended by RSNWT 1988,c.2 (Supp.),s.4,15 in force April 1, 1993 (SI-002-93)
- s.36 amended by RSNWT 1988,c.2(Supp.), s.4 in force April 1, 1993 (SI-002-93)
- s.36 amended by SNWT 1998,c.21,s.1(6),(7) in force Dec. 19, 1998 (SI-018-98)
- s.37 repealed by SNWT 1998,c.21,s.1(8) in force Dec. 19, 1998 (SI-018-98)
- s.38 amended by RSNWT 1988,c.2(Supp.),s.16 in force April 1, 1993 (SI-002-93)
- s.39 repealed by RSNWT 1988,c.2(Supp.),s.17 in force April 1, 1993 (SI-002-93)
- s.40 amended by RSNWT 1988,c.2(Supp.),s.18 in force April 1, 1993 (SI-002-93)
- s.40 amended by Miscellaneous Statute Law Amendment Act, 2021
- s.41 repealed by RSNWT 1988,c.2(Supp.),s.19 in force April 1, 1993 (SI-002-93)
- s.42 repealed by RSNWT 1988,c.2(Supp.),s.19 in force April 1, 1993 (SI-002-93)
- s.43 amended by RSNWT 1988,c.2 (Supp.),s.20,21 in force April 1, 1993 (SI-002-93)
- s.44 amended by RSNWT 1988,c.2(Supp.), s.21 in force April 1, 1993 (SI-002-93)
- s.44 amended by SNWT 1998,c.21,s.1(9) in force Dec. 19, 1998 (SI-018-98)
- s.46 repealed by RSNWT 1988,c.2(Supp.),s.22 in force April 1, 1993 (SI-002-93)
- s.47 repealed by RSNWT 1988,c.2(Supp.),s.22 in force April 1, 1993 (SI-002-93)
- s.48 repealed by RSNWT 1988,c.2(Supp.),s.22 in force April 1, 1993 (SI-002-93)
- s.50 amended by RSNWT 1988,c.2(Supp.),s.23 in force April 1, 1993 (SI-002-93)
- s.50 amended by SNWT 2000,c.16,s.3
- s.50 amended by Miscellaneous Statute Law Amendment Act, 2021
- s.51 repealed by RSNWT 1988,c.2(Supp.),s.23 in force April 1, 1993 (SI-002-93)
- s.52 repealed by RSNWT 1988,c.2(Supp.),s.23 in force April 1, 1993 (SI-002-93)
- s.53 repealed by RSNWT 1988,c.2(Supp.),s.23 in force April 1, 1993 (SI-002-93)
- s.54 amended by RSNWT 1988,c.2(Supp.), s.24 in force April 1, 1993 (SI-002-93)
- s.56 amended by RSNWT 1988, c.2(Supp.),s.25 in force April 1, 1993 (SI-002-93)
- s.57 amended by RSNWT 1988,c.2(Supp.),s.4,26,27 in force April 1, 1993 (SI-002-93)
- s.57 amended by SNWT 2002, c.20,s.2
- s.57 amended by Miscellaneous Statute Law Amendment Act, 2021
- Boilers and Pressure Vessels Regulations, s.28 → #sec_38__subsec_2
- Boilers and Pressure Vessels Regulations, s.59 → #sec_50__subsec_2
- Boilers and Pressure Vessels Regulations, s.59 → #sec_50__subsec_2
- Mine Health and Safety Regulations, s.10.97
- Mine Health and Safety Regulations, s.10.97
- Occupational Health and Safety Regulations, s.25
Definitions
1.In this Act,
"boiler" means a fired vessel in which gas or vapour may be generated or gas, vapour or liquid put under pressure by heating, and includes any pipe, fitting and other equipment attached to it or used in connection with it; (chaudière)
"certificate of approval" means a certificate issued under section 13; (certificat d’agrément)
"certificate of inspection" means a certificate issued under this Act in respect of an inspection of a boiler, pressure vessel or plant and includes a certificate of inspection issued by an insurer; (certificat d’inspection)
"certificate of qualification" means a certificate of qualification issued under this Act to an operating engineer or operator; (certificat de qualification)
"chief inspector" means a person designated under subsection 3(2); (chef inspecteur)
"chief operating engineer" means an operating engineer who at all times has charge of and the responsibility for the safe operation of a boiler, pressure vessel or plant; (mécanicien-opérateur en chef)
"design" with reference to a boiler, pressure vessel or plant, means its plan or pattern, and includes drawings, specifications, and where required, the calculations and a model; (conception)
"design pressure" means the maximum pressure that a boiler, pressure vessel or plant is designed to withstand safely when operating normally; (pression de calcul)
"high pressure boiler" means a boiler designed to carry steam at a working pressure exceeding 103 kPa, but with respect to the provisions of this Act governing the operation of that, does not include such boiler if the boiler is equipped with a safety valve that is set to relieve at a pressure not exceeding 103 kPa; (chaudière à haute pression) "inspector" means an inspector appointed under subsection 3(1); (inspecteur)
"insurer" means a person licensed to undertake boiler and machinery insurance; (assureur)
"major repairs" means repairs that affect or may affect the strength and safety of a boiler, pressure vessel or plant; (réparations majeures)
"maximum allowable pressure" means the maximum pressure at which a boiler, pressure vessel or plant is permitted to be operated or used under this Act; (pression maximale admissible)
"operating engineer" or "operator" means the holder of a certificate of qualification; (mécanicien de machines fixes ou opérateur de machines fixes)
"owner" means the person for the time being in possession of a boiler, pressure vessel or plant and includes the manager or other officer or person in charge of it; (propriétaire)
"plant" means an installation of any combination of boilers and pressure vessels, together with pipes, fittings, machinery and other equipment that is used to contain a gas, vapour or liquid under pressure; (installation)
"pressure" means pressure in kilopascals above normal atmospheric pressure; (pression)
"pressure vessel" means an unfired vessel that may be used for containing, storing, distributing, transferring, distilling, processing or otherwise handling any gas, vapour or liquid under pressure and includes any pipe, fitting and other equipment attached to it or used in connection with it; (appareil à pression)
"refrigeration plant" means a plant consisting of pressure vessels, by which refrigerants are vaporized, compressed and liquefied in their refrigeration cycle; (installation frigorifique)
"seal" means to take any measures satisfactory to the chief inspector that will effectively prevent the operation or use of a boiler, pressure vessel or plant; (apposer les scellés)
"shift engineer" means a person who, under the supervision of a chief operating engineer, is in immediate personal charge of a boiler, pressure vessel or plant; (mécanicien de poste)
"welding" means welding in the fabrication or repair of a boiler, pressure vessel or plant; (soudure)
"welding operator" means a person engaged in welding either on his or her own account or in the employ of another person. (soudeur qualifié) RSNWT 1988,c.2(Supp.),s.2.
APPLICATION
Exemptions
2.(1) This Act does not apply to
(a) a boiler
(i) that develops less than 30 kW of power, or
(ii) that is used for heating private residences that house less than three families;
(b) a pressure vessel
(i) of less than 0.043 m³ in volume,
(ii) that is operated at a pressure of less than 103 kPa,
(iii) that is required to be inspected under the Explosives Act (Canada), or
(iv) that is a diesel engine;
(c) a boiler or pressure vessel
(i) that is part of the equipment of railways under the Railway Act (Canada), or
(ii) that is subject to inspection under the Canada Shipping Act (Canada); and
(d) a refrigeration plant having a capacity of 11 kW or less of refrigeration in 24 hours.
(1.1) This Act does not apply to any work or activity governed by the Oil and Gas Operations Act.
(2) For the purposes of this section, one nominal horsepower is equal to 10 kW. RSNWT 1988,c.94 (Supp.),s.2; SNWT 2014,c.10,s.1(2).
INSPECTION OF BOILERS, PRESSURE
VESSELS AND PLANTS
Inspectors
Appointment of inspectors
3.(1) The Commissioner may appoint duly qualified persons as inspectors to inspect boilers, pressure vessels and plants, and to perform other duties that may be assigned to them under this Act or the regulations.
(2) The Commissioner may designate an inspector as chief inspector.
(3) No person shall be appointed or act as an inspector who has a direct or indirect financial interest in boilers, pressure vessels or plants or the sale of them.
(4) The Minister may enter into an agreement with the Workers’ Safety and Compensation Commission specifying the terms and conditions under which inspectors under this Act may act as safety officers for the purposes of the Safety Act, and during the duration of the agreement the inspectors are deemed to be safety officers for the purpose of that Act. SNWT 2014,c.10,s.1(3).
Power to enter building for inspection
4.(1) An inspector may, in the course of his or her duties, enter at any reasonable hour any building or premises for the purpose of inspecting a boiler, pressure vessel or plant that the inspector has reason to believe is being installed, operated or used in the building or premises.
(2) Every person shall provide all necessary means in his or her power to facilitate any entry, inspection, examination or inquiry by an inspector in the exercise of his or her powers and the performance of his or her duties under this Act.
Duties of inspector
5.On every annual or periodic inspection of a boiler, pressure vessel or plant, the inspector shall
(a) satisfy himself or herself that the boiler, pressure vessel or plant is being operated or used and maintained in accordance with this Act and the regulations and that safety valves have seals and are properly set; and
(b) review the maximum allowable pressure of the boiler, pressure vessel or plant and make any reduction in pressure for safe operation or use having regard to its design, fabrication, age, condition and the purpose for which it is operated or used.
Powers of inspector
6.An inspector may require the owner of a boiler, pressure vessel or plant
(a) to prepare it for inspection or test in the manner that the inspector requires and to supply water for and to assist in making any test;
(b) to cut or drill holes in it or to use any other method to enable the inspector to determine its condition and the thickness of the metal;
(c) to put it under pressure or otherwise put it into operation so that the inspector may test the safety valves or any part of the installation under operating conditions;
(d) to stop the application of heat to a boiler or to reduce the pressure on a boiler, pressure vessel or plant to a designated pressure if the inspector has reason to believe that it is in an unsafe condition; and
(e) to do any other thing the inspector considers necessary to ensure a proper inspection.
Safety measures
7.Where, during an inspection, or the repair or maintenance of a boiler, pressure vessel or plant, there is any possibility that any gas, vapour or liquid may cause injury to the person inspecting, repairing or maintaining it, the owner shall
(a) have a competent person stationed in order to prevent any gas, vapour or liquid from entering the boiler, pressure vessel or plant or any part of it; and
(b) take other measures that will ensure the safety of the person inspecting, repairing or maintaining the boiler, pressure vessel or plant.
Directions by inspector
8.(1) An inspector may give directions orally or in writing to the owner of a boiler, pressure vessel or plant on any matter pertaining to safety with regard to its installation, operation, care, maintenance or repair and require that the directions of the inspector be carried out within the time that the inspector specifies.
(2) If the owner of a boiler, pressure vessel or plant fails to comply with any directions given by an inspector, the inspector may order that the boiler, pressure vessel or plant be shut down or sealed and the inspector shall without delay report the circumstances to the chief inspector.
(3) The chief inspector may cancel the certificate of inspection or the certificate of approval in respect of a boiler, pressure vessel or plant referred to in subsection (2).
Where boiler, pressure vessel, plant unsafe
9.(1) Where in the opinion of an inspector a boiler, pressure vessel or plant is in an unsafe operating condition or is being operated in a dangerous manner, the inspector may seal the boiler, pressure vessel or plant and take the steps that are necessary to remove the danger.
(2) The chief inspector may cancel the certificate of inspection or the certificate of approval in respect of a boiler, pressure vessel or plant referred to in subsection (1).
Prohibition respecting operation
10.No person shall operate or use a boiler, pressure vessel or plant that has been shut down or sealed under section 8 or 9, or cause or permit it to be operated or used, or destroy, remove or tamper with the seal of an inspector until permission has been obtained from an inspector.
Fabrication and Installation
Design of boilers, etc.
11.(1) The designer of a boiler, pressure vessel, fitting or pipe that is to be fabricated for use in the Northwest Territories may submit its design and specifications to the chief inspector for approval and registration before commencing its fabrication.
(2) Where an unused boiler or pressure vessel has been fabricated and its design and specifications have not been approved and registered, the chief inspector
(a) shall cause it to be inspected; and
(b) may issue a certificate of inspection for it as if it were a used boiler or pressure vessel.
(3) The design and specifications of a plant that is to be installed shall be submitted to the chief inspector for approval and registration before its installation is commenced. RSNWT 1988,c.2(Supp.), s.4, 5; SNWT 2022,c.4,s.2(2).
Inspection during fabrication or
12.(1) The chief inspector may require the inspection of
(a) a boiler or pressure vessel at any stage of its fabrication; or
(b) a boiler, pressure vessel or plant at any stage of its installation.
(2) Where a boiler or pressure vessel has been inspected during fabrication or a plant during installation, the inspector shall report on that to the chief inspector who may issue a certificate of inspection for that inspection. RSNWT 1988, c.2(Supp.),s.4,6.
Certificate of approval
13.Where a boiler or pressure vessel during its fabrication, or a plant during its installation, has not been inspected, the chief inspector may issue a certificate of approval for the boiler, pressure vessel or plant. RSNWT 1988,c.2(Supp.),s.7.
Boiler, pressure vessel, plant defective after fabrication or
14.Notwithstanding the approval and registration of its design, where a boiler, pressure vessel or plant is found to be defective after its fabrication or installation, as the case may be, the chief inspector
(a) may permit it to be operated or used within those limits of safety that the chief inspector considers proper, and
(b) shall require the fabricator or installer to revise its design and specifications in order to correct its defects within the period that the chief inspector allows,
and failing that revision or if the defects cannot in the opinion of the chief inspector be remedied, the chief inspector shall cancel the approval and registration of the design and no additional boiler, pressure vessel or plant shall be fabricated or installed from it. RSNWT 1988,c.2(Supp.),s.8.
Fabrication or installation not conforming with design
15.Where on inspection a boiler, pressure vessel or plant is found not to have been fabricated or installed in conformity with its approved design but nevertheless may be used safely at a lower pressure than its design pressure, the inspector making the inspection shall fix its maximum allowable pressure having regard to its design, condition and installation and the purpose for which it is to be operated or used.
Operation higher than design pressure
16.(1) No person shall operate or use, or permit to be operated or used, any boiler, pressure vessel or plant at a working pressure higher than its design pressure.
(2) No person shall operate or use, or permit to be operated or used, a boiler, pressure vessel or plant at a pressure higher than its maximum allowable pressure as shown in the certificate of inspection.
Safety valves
17.(1) Subject to subsection (2), every boiler, pressure vessel or plant shall have at least one safety valve of adequate capacity set to relieve at or below its maximum allowable pressure.
(2) Where more than one boiler or pressure vessel are connected in a plant for use at a common operating pressure, they shall be protected by one or more safety valves of adequate capacity set to relieve at or below the common maximum allowable pressure, which shall not exceed the maximum allowable pressure of the weakest boiler or pressure vessel in the plant.
Tampering with fittings
18.While a boiler, pressure vessel or plant is in operation or use, no person shall, without the permission of an inspector, alter, interfere with or render inoperative any fitting that is attached for safety purposes to the boiler, pressure vessel or plant.
Annual or periodic inspection
19.Subject to subsection 25(2), the owner of every boiler or pressure vessel in operation or use shall have it inspected at least once in every 12 months, or at those periodic intervals that are fixed by an inspector or prescribed.
Issue of certificate of
20.(1) Following an inspection
(a) the inspector shall make a report to the chief inspector on the condition and
vessel or plant; and
(b) the chief inspector may issue a certificate of inspection.
(2) The chief inspector shall not issue a certificate of inspection for a boiler, pressure vessel or plant until the provisions of this Act and the applicable regulations have been complied with. RSNWT 1988, c.2(Supp.),s.4,9; SNWT 1998,c.21,s.1(2).
(3) Repealed, SNWT 1998,c.21,s.1(2).
Proof of inspection and authority for
21.(1) A certificate of inspection or a certificate of approval
(a) is, in the absence of evidence to the contrary, proof of the inspection of the boiler, pressure vessel or plant; and
(b) subject to this Act, authorizes the operation or use of the boiler, pressure vessel or plant in accordance with the terms of the certificate.
(2) Every certificate of inspection or certificate of approval remains in force for 12 months after the date of inspection unless
(a) it is sooner cancelled; or
(b) a shorter or longer period is specified in the certificate.
(3) The maximum allowable pressure at which a boiler, pressure vessel or plant may be operated or used and the safety valve set to relieve must be specified in the certificate of inspection or certificate of approval.
(3.1) The chief inspector may vary the terms of a certificate of inspection or certificate of approval of a boiler, pressure vessel or plant where he or she is satisfied that the procedures required to reduce the generating capacity of the boiler, pressure vessel or plant have been completed in accordance with the regulations.
(4) Every certificate of inspection or certificate of approval must be kept in good condition by the owner of the boiler, pressure vessel or plant for which it was issued and the owner shall post it in a conspicuous place near the boiler, pressure vessel or plant, or if that should be impracticable, at the place that an inspector may direct. SNWT 1998,c.21,s.1(3).
Operation or use without certificate of inspection
22.No person shall operate or use or permit to be operated or used a boiler, pressure vessel or plant unless a certificate of inspection or certificate of approval for it has been issued and is in force.
Further inspection
23.(1) Notwithstanding that a certificate of inspection or certificate of approval has been issued and is in force, the chief inspector may order an inspection of a boiler, pressure vessel or plant at any time.
(2) Where an additional inspection is made under subsection (1), the inspector shall report to the chief inspector who may issue a certificate of inspection for it. RSNWT 1988,c.2(Supp.),s.10; SNWT 1998, c.21,s.1(4).
Repealed, RSNWT 1988,c.94(Supp.),s.3.
Insured Boilers and Pressure Vessels
Insured boilers and pressure vessels
25.(1) Where a boiler or pressure vessel has been insured, every annual or periodic inspection shall be carried out by or through the insurer and the insurer, if satisfied that the boiler or pressure vessel may be operated or used safely, shall issue a certificate of inspection for the boiler or pressure vessel.
(2) Where a boiler or pressure vessel is insured, it is exempt from annual or periodic inspection by an inspector so long as the insurance is in force unless the chief inspector orders the boiler or pressure vessel to be inspected by an inspector.
(3) Every insurer shall file with the chief inspector a copy of the report of an inspection signed by the person making the inspection within 21 days after the inspection is made.
(4) Every insurer shall immediately notify the chief inspector in writing of the cancellation or rejection of insurance of a boiler or pressure vessel, together with the reasons for the cancellation or rejection.
(5) Where an insurer has cancelled insurance of a boiler or pressure vessel because the insurer considers it unsafe for operation or use, the insurer shall
(a) cancel its certificate of inspection;
(b) take possession of the certificate; and
(c) immediately notify the chief inspector.
RSNWT 1988,c.2(Supp.),s.4,11; SNWT 1998,c.21, s.1(5).
Inspection During Fabrication
Employment of insurer or others to make inspection
26.(1) The chief inspector may employ the services of an insurer or of any person duly qualified to engage in the business of inspection of boilers and pressure vessels to make any inspection required under this Act and to report on the inspection within 14 days after the completion of the inspection.
(2) Where a boiler or pressure vessel is to be fabricated in another territory or province for use in the Northwest Territories, the chief inspector may arrange with the person in charge of the inspection of boilers and pressure vessels for the territory or a province to carry out inspections during its fabrication and may accept the inspection reports submitted to the chief inspector by that person for the purposes of this Act.
(3) Where a boiler or pressure vessel is to be fabricated in the United States for use in the Northwest Territories, the chief inspector may arrange for the inspection of it during fabrication by an inspector holding a commission issued by the National Board of Boiler and Pressure Vessel Inspectors and may accept the inspection reports submitted to the chief inspector by that inspector for the purposes of this Act.
(4) Where a boiler or pressure vessel is to be fabricated outside Canada or the United States for use in the Northwest Territories, the chief inspector may arrange for the inspection of it during fabrication through any agency engaged in boiler or pressure vessel inspection and may accept the inspection reports of the agency for the purposes of this Act.
(5) Where a boiler or pressure vessel is inspected in accordance with this section, the chief inspector may issue a certificate of inspection for the boiler or pressure vessel. RSNWT 1988,c.2(Supp.),s.4,12; SNWT 2022,c.4,s.2(2),(3). and Plants
Used boilers, pressure vessels, plants
27.(1) Every used boiler, pressure vessel or plant shall be inspected and tested by an inspector before it is put into operation or use.
(2) The inspector shall report on the inspection under subsection (1) to the chief inspector who may issue a certificate of inspection. RSNWT 1988, c.2(Supp.),s.13.
Boilers, etc., previously used outside Territories
28.(1) No person shall install or permit to be installed a boiler, pressure vessel or plant previously used outside the Northwest Territories unless the consent of the chief inspector has been obtained for the installation.
(2) No person shall operate or use, or permit to be operated or used, a boiler, pressure vessel or plant previously used outside the Northwest Territories unless the chief inspector has issued a certificate of inspection for it. RSNWT 1988,c.2(Supp.),s.4; SNWT 2022,c.4,s.2(2).
Disposal of second-hand boilers
29.(1) No person shall sell, exchange or otherwise dispose of a used boiler or pressure vessel, until he or she
(a) has sent to the chief inspector by registered mail a notice in writing setting out
(i) the names and addresses of all material parties to the intended transaction, and
(ii) the description of the boiler or pressure vessel and the number placed on it by the inspector at the time of the initial inspection; and
(b) has received permission from the chief inspector to dispose of the boiler or pressure vessel.
(2) The permission referred to in paragraph (1)(b) may be granted either after an inspection or without an inspection and may be given on the conditions that seem proper to the chief inspector.
(3) Subsection (1) does not affect the right of an owner to transfer to a manufacturer or dealer any used boiler or pressure vessel. RSNWT 1988,c.2(Supp.), s.4.
Repairs and Defects
Major repairs
30.(1) No person shall make any major repairs to a boiler, pressure vessel or plant until he or she has notified the chief inspector of the nature and extent of the repairs and an inspector has approved the repairs.
(2) Where the repairs referred to in subsection (1) are made, the boiler, pressure vessel or plant shall not be put into operation or use until an inspector has made a further inspection and the chief inspector has issued a new certificate of inspection for that inspection. RSNWT 1988,c.2(Supp.),s.4.
Duty to point out defects
31.When a boiler, pressure vessel or plant is being inspected, the owner shall point out to the inspector any defect of which the owner has knowledge or that the owner believes to exist in it and, if at any other time, the owner learns of any defect that might render it unsafe to operate or use, the owner shall immediately notify the chief inspector. RSNWT 1988,c.2 (Supp.),s.4.
Condemnation and Removal
Condemned boilers, pressure vessels, plants
32.(1) Where an inspector has inspected a boiler, pressure vessel or plant and is satisfied that it can no longer be operated or used safely, the inspector shall
(a) condemn and seal it;
(b) notify the chief inspector that he or she has condemned it; and
(c) take possession of its certificate of inspection.
(2) Where a boiler, pressure vessel or plant has been condemned, it shall remain condemned and no person shall operate or use it, or permit it to be operated or used, until
(a) it has been repaired as required by the chief inspector;
(b) a further inspection of it has been made by an inspector; and
(c) the chief inspector has issued a new certificate of inspection for it.
(3) No boiler, pressure vessel or plant that has been condemned shall be moved to another location without the consent of the chief inspector. RSNWT 1988,c.2(Supp.),s.4,14.
Notice of removal from operation
33.The owner of a boiler, pressure vessel or plant, on permanently removing it from operation or use, shall immediately notify the chief inspector of the removal. RSNWT 1988,c.2(Supp.),s.4.
Accidents
Notification of accidents
34.(1) Where an explosion or rupture of a boiler, pressure vessel or plant occurs or an accident arises out of its operation or use that causes injury or death to a person or damage to property, the owner shall
(a) in the case of an explosion or rupture, within 48 hours of the explosion or rupture, send the chief inspector a written report of the circumstances surrounding the explosion or rupture; and
(b) in the case of an accident, immediately notify the chief inspector giving the chief inspector full details of the accident.
(2) The chief inspector shall investigate any explosion, rupture or accident reported under subsection (1), or of which the chief inspector becomes aware, to determine its cause. RSNWT 1988,c.2 (Supp.),s.4,15.
Interference with wreckage after explosion or rupture
35.Where an explosion or rupture of a boiler, pressure vessel or plant occurs, 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 occurrence until permission to do so is given by the investigator.
Appeals
Appeal from inspection or action
36.(1) Any person who is dissatisfied with an inspection made by an inspector or action taken by the chief inspector may, within 30 days of the inspection or action, appeal to the Minister.
(2) On an appeal being made under subsection (1), the Minister may cause another inspection to be made by one or more inspectors who shall report to the Minister.
(3) The decision of the Minister on an appeal under this section is final.
(4) The Minister may order that the expenses occasioned by an appeal and inspection referred to in subsections (1) and (2) shall be shared in a manner that the Minister considers just. RSNWT 1988,c.2(Supp.), s.4; SNWT 1998,c.21,s.1(6),(7).
Repealed, SNWT 1998,c.21,s.1(8).
CERTIFICATES
General
Definitions
38.(1) In this section,
(a) "general supervision" means the person referred to in paragraph (2)(a) personally attends at the plant at least once a day, and
(b) "continuous supervision" means the person referred to in paragraph (2)(b) is in personal attendance at the plant for 24 hours a day,
for the purpose of ensuring the safe operation of the plant.
(2) No owner of a plant of a type or class prescribed by regulation shall permit the plant to be operated except
(a) by and under the general supervision of a person holding a certificate of qualification or temporary certificate of qualification of a class established by regulation that qualifies the person to exercise general supervision of and be responsible for the plant; and
(b) where required by the regulations, by and under the continuous supervision of the person referred to in paragraph (a) or a person holding a certificate of qualification or a temporary certificate of qualification of a class established by regulation that qualifies the person to operate the plant under the supervision of the person referred to in paragraph (a).
(3) Where, in the opinion of the chief inspector, there are insufficient persons employed in a plant referred to in subsection (2) to exercise satisfactory supervision over the plant, the chief inspector may order the owner of the plant to employ a sufficient number of persons who are holders of a certificate of qualification or temporary certificate of qualification of a class that qualifies them to exercise supervision over the plant.
(4) Where the owner of a plant fails to comply with an order of the chief inspector under subsection (3), the chief inspector may cancel the certificate of approval in respect of that plant.
(5) Notwithstanding paragraph (2)(b), the owner of a plant to which paragraph (2)(b) applies may, with the approval of the chief inspector, leave the plant without continuous supervision where the plant is otherwise operated in accordance with this Act, the terms and conditions prescribed by regulation and any other terms or conditions stipulated by the chief inspector.
(6) No person shall perform the duties authorized or required to be performed by the holder of a certificate of qualification or temporary certificate of qualification under this Act or the regulations unless the person holds a certificate of qualification or a temporary certificate of qualification of a class prescribed by regulation that authorizes him or her to perform those duties. RSNWT 1988,c.2(Supp.),s.16.
Repealed, RSNWT 1988,c.2(Supp.),s.17.
Certificate of qualification
40.(1) The Minister, on the recommendation of the chief inspector, shall issue a certificate of qualification of a class recommended by the chief inspector to any person who
(a) shows proof satisfactory to the chief inspector of the experience required by the regulations;
(b) either
(i) passes an examination set by the chief inspector, or
(ii) has been qualified by a another territory or a province or other jurisdiction to perform the work and duties required of the holder of a certificate of qualification; and
(c) pays the prescribed fees.
(2) The chief inspector may issue a temporary certificate of qualification to a person who
(a) pays the prescribed fees;
(b) meets the requirements set out in the regulations; and
(c) in the opinion of the chief inspector, has sufficient experience to operate a plant of the type or class specified in the certificate.
(3) A certificate of qualification or a temporary certificate of qualification is subject to the terms and conditions set out in the certificate and in the regulations. RSNWT 1988,c.2(Supp.),s.18; SNWT 2022,c.4,s.2(4).
Repealed, RSNWT 1988,c.2(Supp.),s.19.
Repealed, RSNWT 1988,c.2(Supp.),s.19.
Cancellation or suspension
43.(1) The Minister, on the recommendation of the chief inspector, may cancel or suspend a certificate of qualification if the holder of it
(a) operates a plant when his or her ability to do so is impaired by alcohol or a drug;
(b) is declared to be mentally incompetent or becomes physically incapable of safely performing his or her duties;
(c) is incompetent or negligent in the discharge of his or her duties as an operating engineer;
(d) has obtained his or her certificate through misrepresentation or fraud;
(e) allows another person to operate under his or her certificate of qualification;
(f) attempts to obtain a certificate of qualification by false means for another person;
(g) fails to give the notice required by section 47;
(h) knowingly provides the Minister or the chief inspector with false information in respect of an applicant for a certificate of qualification; or
(i) contravenes this Act or the regulations.
(2) No certificate of qualification shall be cancelled or suspended by the Minister unless the Minister first gives the holder of the certificate, and any other person having knowledge of the matter, an opportunity to be heard. RSNWT 1988,c.2 (Supp.),s.20,21.
Appeal to Supreme Court
44.(1) A person affected by a decision of the Minister under subsection 43(1) may appeal to the Supreme Court.
(2) A person who appeals a decision of the Minister shall file a notice of appeal with the Supreme Court within 10 days after receiving notice of the decision.
(3) An appeal to the Supreme Court shall be made in the same manner as an appeal from a decision of the Territorial Court in a civil matter, with such modifications as the Supreme Court considers necessary.
(4) Unless the Supreme Court orders otherwise, the decision appealed from continues to apply pending disposition of the appeal.
(5) After hearing an appeal, the Supreme Court may confirm, vary or set aside the decision of the Minister.
(6) The decision of the Supreme Court on an appeal is final and binding. RSNWT 1988,c.2(Supp.), s.21; SNWT 1998,c.21,s.1(9).
Posting of certificates
45.Every certificate of qualification must at all times be displayed conspicuously in the engine room, compressor room or a boiler room of the premises in which the holder of the certificate works.
Repealed, RSNWT 1988,c.2(Supp.),s.22.
Repealed, RSNWT 1988,c.2(Supp.),s.22.
Repealed, RSNWT 1988,c.2(Supp.),s.22.
Use or operation of plant
49.No person shall use or operate a plant or cause a plant to be used or operated except in accordance with this Act and the regulations.
Welding Operators
Issue of welding performance
50.(1) An inspector shall issue a welding performance qualification card to any person who
(a) meets the qualifications required by the regulations;
(b) passes any examinations or tests required by the regulations; and
(c) pays the prescribed fees.
(2) An inspector may issue a welding performance qualification card to a person without requiring the person to pass an examination or test where the person holds a certificate satisfactory to the chief inspector issued by another territory or a province or other jurisdiction that qualifies the person to be a welding operator.
(3) An inspector may issue a provisional welding performance qualification card to a person who passes any examinations or tests required by the regulations and pays the prescribed fees.
(4) A welding performance qualification card or a provisional welding performance qualification card is subject to the terms and conditions set out in the card and in the regulations.
(5) An inspector may cancel or suspend a welding performance qualification card or a provisional welding performance qualification card if the holder of the card
(a) is incompetent or negligent in the discharge of his or her duties as a welding operator;
(b) has obtained his or her certificate through misrepresentation or fraud;
(c) allows another person to operate under his or her certificate;
(d) fails any test required by this Act or the regulations; or
(e) contravenes this Act or the regulations.
(6) A person whose welding performance qualification card has been cancelled or suspended under subsection (5) may appeal to the Supreme Court in accordance with section 44.
(7) Except where exempted by regulation, no person shall weld a boiler, pressure vessel or plant unless he or she holds a welding performance qualification card or a provisional welding performance qualification card issued under this Act or the regulations authorizing him or her to do the welding.
(8) Except where exempted by regulation, no owner shall require, cause or permit any person to weld a boiler, pressure vessel or plant unless the welding operator holds a welding performance qualification card or a provisional welding performance qualification card issued under this Act or the regulations authorizing him or her to do the welding. RSNWT 1988,c.2(Supp.),s.23; SNWT 2000,c.16,s.3; SNWT 2022,c.4,s.2(5).
Repealed, RSNWT 1988,c.2(Supp.),s.23.
Repealed, RSNWT 1988,c.2(Supp.),s.23.
Repealed, RSNWT 1988,c.2(Supp.),s.23.
GENERAL
Records
54.The chief inspector shall keep and maintain a record of
(a) all boilers and pressure vessels inspected under this Act;
(b) all repairs ordered under this Act;
(c) all boilers and pressure vessels that have been condemned permanently or otherwise;
(d) all accidents, casualties, explosions and ruptures in connection with boilers and pressure vessels;
(e) all certificates of inspection, approval and qualification issued under this Act; and
(f) all welding performance qualification cards.
RSNWT 1988,c.2(Supp.),s.4,24.
(2) Repealed, RSNWT 1988,c.2(Supp.), s.24.
Proof of certificate of qualification
55.Every person, while operating or in charge of a boiler or pressure vessel shall, when required to do so by an inspector, produce his or her certificate of qualification or the certificate of inspection in respect of the boiler or pressure vessel, and the non-production of the certificate is, in the absence of evidence to the contrary, proof that the person is not qualified to operate the boiler or pressure vessel or that no certificate of inspection has been issued with respect to it, as the case may be.
Offence and punishment
56.Every person who contravenes this Act or the regulations is guilty of an offence and liable on summary conviction for each day or part of a day on which the offence occurs or continues, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding one year or to both. RSNWT 1988, c.2(Supp.),s.25.
Regulations
57.(1) The Commissioner, on the recommendation of the Minister, may make regulations
(a) providing for periodic inspections of any class of boilers or pressure vessels;
(b) requiring the payment of fees for any official function under this Act and prescribing the amounts of the fees;
(c) providing for the payment by the fabricator or owner of a boiler or pressure vessel or the installer or owner of a plant of any or all of the expenses incurred by an inspector in making an inspection of it;
(d) governing the design, fabrication, installation, operation, use, repair, maintenance or inspection of boilers, pressure vessels, plants or any class of boilers, pressure vessels or plants;
(e) prescribing the manner in which the design of a boiler, pressure vessel, plant, fitting or pipe must be registered and numbered, and the manner in which it must be marked or identified;
(f) prescribing the drawings and specifications that must accompany an application for approval and registration of the design of a boiler, pressure vessel, plant, fitting or pipe and the information to be included in that respect;
(g) prescribing the terms and conditions on which an approved and registered design may be revised;
(h) prescribing the manner by which the capacity of a boiler, pressure vessel or plant may be determined;
(i) requiring the fabricator or his or her agent or officer in charge of fabrication to make a report in respect of the fabrication of a boiler or pressure vessel, and prescribing the information that must be contained in the report and the manner in which it must be verified;
(j) requiring the installer or his or her agent or officer in charge of the installation of a plant to make a report in respect of the installation of the plant, and prescribing the information that must be contained in the report and the manner in which it must be verified;
(k) prescribing the plans, drawings or information to be given in respect of the repair of a boiler, pressure vessel or plant;
(l) prescribing the conditions under which a boiler, pressure vessel or plant may be mounted on a vehicle;
(m) requiring every inspector and insurer to stamp or otherwise permanently identify, by a departmental number designated by the chief inspector, every boiler, pressure vessel or plant inspected by the inspector that does not then have such a departmental number, and establishing such a system of identification and providing for and fixing the amount of the remuneration that must be paid to insurers for doing so;
(n) providing for the assigning of identifying symbols to welding operators, and requiring and providing for the imprinting of the symbol by the welding operator on welds made by the welding operator;
(o) classifying refrigerants and governing the conditions under which they may be used;
(o.1) establishing classes of certificates of qualification and temporary certificates of qualification and the type or class of plant that the certificate qualifies the holder to operate or supervise;
(o.2) governing the matters that the holder of each class of certificate of qualification or temporary certificate of qualification is authorized to do;
(p) respecting the qualifications, tests and examinations required to be met by applicants for certificates of qualification and temporary certificates of qualification and the evidence required to be provided by these applicants as to previous training and experience;
(q) prescribing courses of training or study for applicants for certificates of qualification;
(r) prescribing the powers and duties of chief operating engineers, shift engineers, operating engineers and operators;
(s) prescribing the conditions of re- examination of applicants for certificates of qualification who have failed to pass the examinations required under this Act;
(t) providing for the issue, renewal, rein- statement and terms and conditions of certificates of qualification, temporary certificates of qualification and duplicate certificates of qualification;
(t.1) establishing types or classes of plants for the purpose of section 38;
(u) respecting types or classes of plants that, under section 38, require continuous supervision;
(v) respecting the operation of plants or types or classes of plants;
(v.1) respecting the terms and conditions on which types or classes of plants to which section 38 applies may be left without continuous supervision;
(w) providing for the isolation of boilers and compressors by means of seals or otherwise;
(x) prescribing forms and providing for their use;
(y) respecting fees and the manner of determining fees;
(z) respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Act;
(z.1) establishing classes of welding operators;
(z.2) respecting the qualifications, experience, examinations and tests required to be met by applicants for a welding performance qualification card or a provisional welding performance quali- fication card and the evidence required to be provided by such applicants as to previous experience and training;
(z.3) providing for the issuance, reinstatement, renewal and terms and conditions of welding performance qualification cards, duplicate welding performance qualification cards and provisional welding performance qualification cards;
(z.4) requiring the requalification or re- examination of welding operators and respecting the examinations and tests to be passed;
(z.5) prescribing the powers and duties of each class of welding operators;
(z.6) governing welding procedures relating to the fabrication or repair of any boiler, pressure vessel or plant;
(z.7) respecting the exemption of welding operators from the requirement to hold a welding performance qualification card; and
(z.8) establishing classes of boilers and pressure vessels.
(2) The Commissioner, on the recommendation of the Minister, may by regulation, adopt a code of rules or standards concerning the subject matter of this Act, either in whole or in part, and with such variations as may be specified in the regulations, if the code of rules or standards
(a) has been promulgated by an association, person or body of persons; and
(b) is available in printed form.
RSNWT 1988,c.2(Supp.),s.4,26,27; SNWT 2002, c.20,s.2; SNWT 2022,c.4,s.2(6).