REVISED STATUTES, 1989
1 This Act may be cited as the Amusement Devices Safety Act. R.S., c. 12, s. 1.
(c) establish criteria for entitlement to a licence to operate amusement devices and structures including the provision of insurance for persons injured or killed while in, on or about such amusement devices and structures. R.S., c. 12, s. 2.
(f) "owner" means any person, syndicate, association, corporation or club operating, conducting or managing an amusement device or amusement park and includes the employee, manager, lessee, transferee or partner of an owner. R.S., c. 12, s. 3.
5 (1) The Minister may appoint persons in the public service to be inspectors for the purposes of this Act and may designate one of the persons so appointed to be the Chief Inspector who shall have the general supervision and direction of other inspectors.
(2) The Minister may authorize the Chief Inspector to employ the services of any person who holds a certificate of competency under this Act to inspect amusement devices and structures and such person when so appointed shall be deemed to be an inspector within the meaning of this Act and shall report to the Chief Inspector with respect to any of his duties hereunder.
7 No person shall either by himself or by an agent operate or cause to be operated for profit or reward an amusement device or structure unless he holds a licence under this Act in respect of that amusement device or structure. R.S., c. 12, s. 7.
9 (1) No person shall be entitled to a licence under this Act until he has exhibited to the Minister of Consumer Affairs proof of financial responsibility to satisfy claims for damages on account of physical injuries or property damage suffered by any person by reason of any act or omission on the part of the owner, his agent or employees in the operation, design, construction, assembling, disassembling or maintaining of amusement devices and structures.
(2) The said proof of financial responsibility shall be in such amount, character and form as the Governor in Council determines by regulation to be necessary for the protection of those being in, near or upon such amusement devices or structures. R.S., c. 12, s. 9.
(c) make such examination and inquiry as the inspector considers necessary to ascertain whether the provisions of this Act and the regulations are being complied with, with respect to the amusement park and the amusement devices and structures therein and the persons employed in respect thereto;
(2) The owner of an amusement park or of an amusement device or structure shall comply with every direction and request of an inspector given pursuant to this Act and furnish the inspector any assistance required for the purpose of entering, inspecting and examining an amusement park and the amusement devices and structures therein or thereupon. R.S., c. 12, s. 11.
12 (1) An inspector may give directions orally or in writing to any person for the carrying out of any matter or thing regulated, controlled or required by this Act or the regulations and may require that his directions be carried out within such time as the inspector specifies.
13 (1) Where an inspector considers that any amusement park or amusement device or structure contained therein or thereupon or any part thereof is a source of danger to the health and safety of persons in, on or about the amusement park, amusement devices or structures, the inspector
(2) Where an inspector gives a direction under clause (b) of subsection (1), the inspector may affix to the amusement park, the amusement device or structure a notice of the direction and no person unless authorized by the inspector shall
15 Where a person is injured or killed in an amusement park or as a result of being in, near or upon an amusement device or structure, the owner shall make a written report of the accident to the Chief Inspector within twenty-four hours after its occurrence. R.S., c. 12, s. 15.
16 (1) No person who has reasonable cause to believe that any amusement device or structure is unsafe or contravenes any provision of this Act or the regulations shall use or operate it or cause or permit it to be used or operated.
17 (1) An inspector for the purpose of carrying out his duties under this Act may require the production of any drawings and specifications of an amusement park, amusement device or structure or any part thereof and may inspect the same and may require information from any person concerning any matter related to the amusement park, amusement device or structure.
(2) No person shall neglect or refuse to produce drawings and specifications as required by an inspector under subsection (1) and no person shall furnish an inspector with false information or neglect or refuse to furnish information required by an inspector in the exercise of his duties under this Act. R.S., c. 12, s. 17.
18 (1) Every person who violates any provision of this Act or the regulations or any direction, order or notice made under this Act or the regulations is guilty of an offence and is liable on summary conviction to a penalty of
(2) Where a person fails to comply with or violates any of the provisions of this Act or the regulations or any direction or notice made thereunder on more than one day each such day shall be deemed to constitute and shall constitute a separate offence. R.S., c. 12, s. 18; 2004, c. 34, s. 3.
19 All fees collected under this Act and the regulations and all penalties recovered for offences under this Act or the regulations shall be paid to the Minister of Finance and shall form part of the Consolidated Fund of the Province. R.S., c. 12, s. 19.
20 (1) The Governor in Council may make regulations respecting such matters and things as the Governor in Council considers necessary or expedient to ensure the safety and health of persons in, on or about amusement parks, amusement devices and structures, including, without restricting the generality of the foregoing, regulations
(c) providing for the issue of certificates of competency to persons other than inspectors and determining the period for which such certificates shall continue in force and the terms and conditions under which they may be renewed;
(d) regulating the use, location, design, construction, installation, operation, maintenance, repair, testing and inspection of amusement devices and structures and equipment used in connection therewith;
(g) prescribing the form of licences and the conditions under which licences or any class thereof may be granted, suspended, revoked or transferred, prohibiting the transfer of licences or any class thereof and providing for fees to be paid on the grant or transfer of such licences;
(k) determining the form, amount, in the case of liability insurance an amount not less than one million dollars, and type of financial responsibility necessary to satisfy claims for damages on account of any physical injury or property damage that might be suffered by any person by reason of the operation of an amusement park, amusement device or structure;
23 (1) The Minister may undertake research into the cost of and the means of preventing injuries or disabilities occurring to persons in, on or about amusement devices and structures where the Minister considers it appropriate and may undertake such research in co-operation with the Government of Canada or of any province or with any person or organization undertaking similar research.