Electrical Protection Act

Consolidated act
Citation
R.S.N.W.T. 1988, c.E-3
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.

Contents
1. Definitions 2. Application 2.1. Application: Oil and Gas Operations Act 3. Appointment of Chief Inspector and inspectors 4. Approval of qualified electrical worker 5. Powers of inspectors 6. Hazardous electrical equipment 7. Conformity with Code 8. Prohibition 9. Plans 10. Conditions of permit 11. Installation Permit 12. Annual Permit 13. Residential Property Owner’s Permit 14. Notice to inspector 15. Request for inspection 16. Supply of electric energy 17. Permission to supply electric energy 18. Powers of municipal 19. Appeal 20. Report 21. Specific penalty 21.1. Limitation period 22. Regulations
Regulations
Electrical Protection Regulations

Definitions

1.

(1) In this Act,

"Code" means the Canadian Electrical Code published by the Canadian Standards Association, as amended; (Code)

"electrical equipment" means any apparatus, appliance, wiring, conduit, duct, raceway, cable, channel, switch, device, instrument, fitting, fixture, machinery, box, receptacle, transformer, motor, generator, transmission line, material or thing used in or for, or capable of being used in or for, the generation, transformation, transmission, distribution, supply, or utilization of electrical power or energy and includes any assemblage or combination of materials or things used or capable of being used or adapted to serve or perform a particular purpose or function when connected to an electrical installation, notwithstanding that any of the materials or things may be non-electric in origin; (matériel électrique)

"electrical work" means the installation, repair, alteration, extension or maintenance of electrical equipment; (travaux d’électricité)

"inspector" means an inspector appointed under subsection 3(1) and includes the Chief Inspector; (inspecteur)

"owner" when used in respect of electrical equipment includes a lessee, occupant and person in charge of the premises in or on which the electrical equipment is found; (propriétaire)

"permit" means a permit issued under section 11, 12 or 13; (permis)

"qualified electrical worker" means a person

(a) who holds an electrician’s certificate issued in the Northwest Territories, another territory or a province, or

(b) approved by the Chief Inspector under section 4. (électricien qualifié)

Technical terms

(2) Except where defined in this Act, terms of art or technical terms have the same meaning as in the Code. S.N.W.T. 2010,c.16,Sch.A,s.12(2).

APPLICATION

Application

2.

This Act does not apply to the installation or use of electrical equipment

(a) in an aircraft or a marine vessel; or

(b) in a mine as defined in the Mine Health and Safety Act.

S.N.W.T. 1997,c.8,s.11(2).

Application: Oil and Gas Operations Act

2.1.

This Act does not apply to any work or activity governed by the Oil and Gas Operations Act. S.N.W.T. 2014,c.10,s.7(2).

ELECTRICAL WORK

Appointment of Chief Inspector and inspectors

3.

(1) The Commissioner may appoint a Chief Inspector and one or more inspectors to carry out this Act.

Ex officio inspector

(2) A person appointed as an electrical inspector by a municipal corporation is, by virtue of that office, an inspector under this Act.

Responsibility of inspector

(3) Every inspector is responsible to the Chief Inspector.

Deemed safety officers under Safety Act and deemed inspectors under Mine Health and Safety Act

(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 or as inspectors for the purposes of the Mine Health and Safety Act, and during the duration of an agreement the inspectors are deemed to be safety officers or inspectors, as the case may be, for the purpose of the applicable Act. S.N.W.T. 2010,c.16,Sch.A,s.12(3); S.N.W.T. 2014,c.10,s.7(3).

Approval of qualified electrical worker

4.

The Chief Inspector may, in his or her discretion, approve as a qualified electrical worker a person who does not hold an electrician’s certificate issued in the Northwest Territories, another territory or a province and may make a permit issued to the person subject to the terms and conditions that the Chief Inspector considers necessary. S.N.W.T. 2010,c.16,Sch.A, s.12(4).

Powers of inspectors

5.

An inspector may

(a) after giving adequate notice, at any reasonable time enter any premises and inspect the premises and electrical equipment in or on the premises;

(b) require electrical equipment that is being inspected to be put into operation or stopped for the purpose of the inspection;

(c) require the preparation and production to the inspector of plans and specifications for the installation of electrical equipment that the inspector considers necessary for the purposes of an inspection; and

(d) remove, or require the owner of the premises to remove an obstruction that may prevent a thorough inspection.

Hazardous electrical equipment

6.

Where an inspector is of the opinion that electrical equipment constitutes a hazard to life or property, the inspector may

(a) notify the owner of the electrical equipment to put it in a safe condition within the time specified by the inspector;

(b) order the owner of the electrical equipment not to use electric energy in the equipment until the equipment is put in a condition satisfactory to the inspector;

(c) order the adoption of practices that will, in the opinion of the inspector, make the electrical equipment safe for use;

(d) by written notice, prohibit all persons from working on or near live electrical equipment; and

(e) instruct the supply authority to withhold the supply of electric energy to premises in or on which the electrical equipment is found until the electrical equipment is put in a condition satisfactory to the inspector.

S.N.W.T. 2010,c.16, Sch.A,s.12(5).

Conformity with Code

7.

(1) Subject to this Act, all electrical work and equipment must conform to the standards set in the Code, as altered or amended by regulations made under this Act.

Exception

(2) Where, in the opinion of an inspector, the installation or use of electrical equipment contrary to the Code would not create a hazard to life or property, the inspector may permit the installation or use. S.N.W.T. 2013,c.23,s.2(2).

Prohibition

8.

No person shall perform electrical work

(a) subject to subsection 7(2), except in accordance with the Code; and

(b) unless he or she holds a permit issued under section 11, 12 or 13.

Plans

9.

(1) All plans and specifications for

(a) the installation of electrical equipment in a public, industrial or commercial building or in any other building where public safety is a concern,

(b) the installation of a generator, transformer, switchboard, large storage battery or large electrical equipment, or

(c) a prescribed installation,

shall be submitted to an inspector by or on behalf of the owner of the premises in or on which it is proposed to make the installation.

Approval of plans and specifications

(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.

Conditions of permit

10.

The holder of a permit issued under this Act is subject to this Act, the prescribed conditions and the conditions specified in the permit.

Installation Permit

11.

On application by a qualified electrical worker in the prescribed form and payment of the prescribed fee, an inspector may issue an Installation Permit authorizing the applicant to perform electrical work on electrical equipment.

Annual Permit

12.

(1) On application in the prescribed form and payment of the prescribed fee, an inspector may issue an Annual Permit to the operator of an industrial or commercial establishment

(a) in or for which the operator regularly employs or contracts with a qualified electrical worker; and

(b) the nature of which requires alterations, repairs or additions to its electrical installations on short notice.

Duration of Annual Permit

(2) An Annual Permit authorizes the holder to make alterations, repairs or additions to the electrical equipment of the establishment for a period of 12 months after the permit is issued. S.N.W.T. 2010,c.16, Sch.A,s.12(6).

Residential Property Owner’s Permit

13.

On application in the prescribed form and payment of the prescribed fee, an inspector may issue a Residential Property Owner’s Permit to the owner of a single family dwelling authorizing the owner to perform electrical work in his or her dwelling.

Notice to inspector

14.

(1) A person who performs electrical work shall give sufficient notice to an inspector of the time when the work may conveniently be inspected

(a) before the work is made inaccessible; or

(b) if the work will not be made inaccessible, at the completion of the work.

Permission of inspector

(2) No person shall make electrical work inaccessible without the permission of an inspector.

Fees

(3) Where, in the opinion of an inspector, more than two inspections of electrical work are necessary, the inspector may charge the prescribed fee for subsequent inspections.

Request for inspection

15.

A person may request that an inspection not otherwise required by this Act be made of electrical work.

Supply of electric energy

16.

Where an inspector is satisfied that electrical work conforms to the standards required by this Act, the inspector shall permit the supply authority to supply electric energy to the work.

Permission to supply electric energy

17.

(1) No supply authority shall supply electric energy to an electrical work unless permission has been given under section 16.

Exception

(2) Notwithstanding subsection (1), the Commissioner may prescribe areas in which a supply authority may supply electric energy to an electrical work if

(a) the supply authority is satisfied that the supply of electric energy would not create a hazard to life or property; and

(b) the applicant for electric energy submits to the supply authority a copy of a permit issued under section 11, 12 or 13.

Copies of permits

(3) The supply authority shall retain all copies of permits submitted under subsection (2) and shall make them available to an inspector on demand.

Powers of municipal

18.

(1) A municipal corporation may, by bylaw,

(a) appoint a qualified electrical worker as electrical inspector;

(b) fix the fees for permits, inspections and approvals; and

(c) fix penalties for failure to pay the fees referred to in paragraph (b).

Fees

(2) The fees referred to in paragraph (1)(b)

(a) shall be paid to the municipal corporation for its own use; and

(b) must not be less than the prescribed fees.

S.N.W.T. 2010,c.16,Sch.A,s.12(7).

Appeal

19.

(1) Where an inspector

(a) disapproves in whole or in part plans and specifications submitted to the inspector,

(b) requires the alteration of electrical equipment,

(c) requires that the supply of electric energy to electrical equipment be cut off,

(d) refuses to issue a permit under section 11, 12 or 13, or

(e) refuses to give permission to a supply authority under section 16,

the person aggrieved by the order or decision of the inspector may appeal to the Chief Inspector.

Written statement

(2) A person making an appeal under this section must send to the Chief Inspector, by registered mail, a written statement of the matter complained of within 10 days after the day on which the order or decision appealed from was made.

Extension of time

(3) The Chief Inspector may extend the time referred to in subsection (2).

Disposition of appeal

(4) The Chief Inspector may amend, vary or revoke an order or decision appealed from under subsection (1).

Report

20.

The Chief Inspector shall, before May 1 of each year, submit a report to the Commissioner of the administration of this Act during the 12-month period ending on March 31 of that year.

Specific penalty

21.

(1) Every person who contravenes section 8 or subsection 17(1) is guilty of an offence and liable on summary conviction to a fine not exceeding $2,000.

General penalty

(2) Every person who

(a) contravenes a provision of this Act or the regulations for which no specific punishment is provided, or

(b) refuses or neglects to obey an order of an inspector made under this Act,

is guilty of an offence and liable on summary conviction to a fine not exceeding $500 and, in default of payment, to imprisonment for a term not exceeding one month.

Limitation period

21.1.

No proceedings may be instituted in respect of an offence under this Act or the regulations later than one year after the day on which an inspector or the Chief Inspector became aware of the subject matter of the proceedings. S.N.W.T. 1997,c.8,s.11(3).

REGULATIONS

Regulations

22.

(1) The Commissioner, on the recommendation of the Minister, may make regulations

(a) prescribing any matter or thing that by this Act may or is to be prescribed;

(b) Repealed, 2013,ch.23,s.2(3);

(c) prescribing alterations or amendments to the Code;

(d) respecting the duties of the Chief Inspector and inspectors;

(e) prescribing forms;

(f) prescribing fees to be paid for permits, inspections and approvals and prescribing penalties for failure to pay such fees;

(f.1) providing for the registration of qualified electrical workers, including the manner of and fees to be paid on application for registration;

(g) respecting applications for permits and inspections;

(h) providing for the inspection and approval of specified electrical equipment and prohibiting the use of that electrical equipment until it has been inspected and approved;

(i) prohibiting the advertising, display, sale or other disposal or the offering for sale or other disposal, publicly or privately, of specified electrical equipment until it has been inspected and approved;

(j) prescribing the precautions to be taken in the sale or other disposal of specified electrical equipment;

(k) prescribing the warnings and instructions to be given to purchasers and others by means of advertisements, circulars or otherwise in order to prevent the use of specified equipment in a manner or under conditions that might result in undue hazard to persons or property; and

(l) for carrying out the purposes of this Act.

Adoption of rules or standards

(2) Notwithstanding anything in this Act, where a code of rules or standards respecting a matter referred to in this Act has been established by an association, person or body of persons and is available in printed form, the Commissioner, on the recommendation of the Minister, may by regulation adopt the code as established or as amended from time to time, and upon adoption the code is in force in the Northwest Territories, in whole or in part or with such variations as may be specified in the regulations. S.N.W.T. 2010,c.16,Sch.A,s.12(8); S.N.W.T. 2013, c.23,s.2(3).