BILL NO. 67
1st Session, 58th General Assembly
Nova Scotia
49 Elizabeth II, 2000
Crane Operators and Power Engineers Act
The Honourable Angus MacIsaac
Acting Minister of Environment and Labour
First Reading: October 30, 2000
Second Reading: November 10, 2000
Third Reading: November 30, 2000 (NO COMMITTEE AMENDMENTS)
An Act Respecting Crane Operators
and Power Engineers
Be it enacted by the Governor and Assembly as follows:
1 This Act may be cited as the Crane Operators and Power Engineers Act.
PART I
CRANE OPERATORS
2 In this Part,
(a) "Appeal Board" means the Appeal Board appointed pursuant to this Part;
(b) "certificate" means a certificate of qualification issued pursuant to this Part or the regulations;
(c) "Chief Examiner" means the Chief Examiner appointed pursuant to this Part;
(d) "Committee" means the Examination Committee appointed pursuant to this Part;
(e) "crane" means any lifting device of a type prescribed by the regulations;
(f) "crane operator" means a person who is the holder of a certificate of qualification issued pursuant to this Part authorizing that person to operate a crane;
(g) "Department" means the Department of Environment and Labour;
(h) "examinations" means examination papers that have been accepted by the Committee and as prescribed by the regulations;
(i) "inspector" means a person appointed as an inspector pursuant to this Part and includes the Chief Examiner or a designee of the Chief Examiner;
(j) "Minister" means the Minister of Environment and Labour;
(k) "owner" means a person, firm, corporation or unincorporated body that is in charge of a crane as owner or lessee or as the agent of the owner or lessee;
(l) "regulations" means regulations made pursuant to this Part.
3 (1) This Part does not apply to
(a) workers acting under the direct personal supervision of a crane operator who is in charge of any crane to which this Part applies or to workers engaged in installing, setting up or testing any such crane;
(b) railways operating under an enactment of the Parliament of Canada or the Province;
(c) any kind of crane situate on a vessel floating on navigable waters to which the Canada Shipping Act applies;
(d) a workers hoist or material hoist within the meaning of the regulations made pursuant to the Occupational Health and Safety Act; or
(e) an elevator or a lift within the meaning of the Elevators and Lifts Act.
(2) This Act binds Her Majesty in right of the Province.
4 The Minister has the general supervision and management of this Part and the regulations.
5 A Chief Examiner and such inspectors, officials and employees as may be necessary to enable the Chief Examiner to perform the duties assigned to the Chief Examiner pursuant to this Part shall be appointed by the Minister.
6 (1) The Governor in Council may appoint an Examination Committee of not less than three and not more than five persons, each of whom shall possess the qualifications prescribed by the regulations.
(2) The members of the Committee shall be paid such reasonable travelling and living expenses and such fees as may be determined by the Governor in Council.
(3) The Minister may designate the Chief Examiner as Chair of the Committee and assign to the Committee such employees of the Department as are deemed necessary to carry out the functions of the Committee and the purpose of this Part.
(4) Three members of the Committee constitute a quorum.
(5) The Committee, on or before June 30th in each year, shall make a report in writing to the Minister with respect to the fiscal year ending on March 31st of the same year showing
(a) the number of certificates granted;
(b) the number of applications for certificates refused and the reasons for the refusal;
(c) the number of certificates revoked, cancelled or suspended and the reasons for the revocation, cancellation or suspension;
(d) the amount of fees received from applicants or holders of certificates; and
(e) such other matters as may be directed by the Minister or the Governor in Council.
(6) The Committee shall, subject to the regulations,
(a) prescribe the subjects in which applicants for certificates of qualification as crane operators shall be examined, provide for the conducting of examinations and report thereon to the Minister;
(b) provide advice to the Minister on the administration and effectiveness of this Part; and
(c) perform such other duties as are prescribed by regulation.
7 (1) The Minister may appoint an Appeal Board of three persons, each of whom must possess the qualifications prescribed by the regulations.
(2) The Appeal Board shall hear appeals as provided for in the regulations.
(3) The members of the Appeal Board shall be paid such reasonable travelling and living expenses and such fees as are determined by the Governor in Council.
8 For the purpose of ensuring compliance with this Part and the regulations and any direction made pursuant to this Part, an inspector may
(a) at any reasonable hour of the day or night, enter upon any site to inspect any crane, conduct any tests or make any investigations considered necessary or advisable;
(b) be accompanied by the owner or a representative appointed by the owner, who shall make available any person who has special or expert knowledge of any matter relevant to the crane and its operation upon the request of the inspector;
(c) require the production of any records, drawings, specifications, books, plans or other documents that relate to the crane and remove them temporarily for the purpose of making copies;
(d) take photographs or recordings of the crane or any activity taking place on the site;
(e) make any investigation or inquiry considered necessary to ascertain whether this Part or the regulations or any direction made pursuant to this Part is being complied with;
(f) examine any person with respect to matters pursuant to this Part or the regulations;
(g) exercise such other powers as may be necessary or incidental to the carrying out of the functions of the inspector pursuant to this Part or the regulations.
9 (1) No person shall interfere with or obstruct an employee of the Department in the exercise of a power given to the employee by this Part or the regulations.
(2) No person shall knowingly furnish an inspector with false information or neglect or refuse to furnish information required by an inspector in the exercise of the powers or the performance of the duties of the inspector pursuant to this Part or the regulations.
10 (1) An employee of the Department assigned by the Minister may give directions, orally or in writing, for the carrying out of this Part or the regulations and may require that such directions be carried out within such time as is specified.
(2) Directions given orally pursuant to subsection (1) shall be confirmed in writing as soon as practicable.
11 An owner shall comply with every direction given pursuant to this Part or the regulations and shall furnish any assistance required for the purpose of inspecting or examining any crane or making an inquiry concerning a crane.
12 (1) No action or other proceeding for damages lies or shall be instituted against any employee of the Department or member of the Appeal Board or Committee for an act or omission done in good faith in the execution or intended execution of any power or duty pursuant to this Part or the regulations.
(2) Subsection (1) does not relieve the Crown of liability in respect of a wrongful act committed by any employee of the Department or member of the Appeal Board or Committee to which it otherwise would be subject.
13 (1) On the recommendation of the Chief Examiner and on payment of the fees prescribed by the regulations, the Committee may issue a certificate of qualification as a crane operator to any person
(a) who has passed the examinations prescribed by the Committee; or
(b) who, in the opinion of the Committee, is the holder of a certificate of an equivalent rating.
(2) On the recommendation of the Chief Examiner and on payment of the fees prescribed by the regulations, the Committee may issue a temporary non-renewable restricted certificate of qualification.
(3) A certificate may be revoked, cancelled or suspended by the Chief Examiner at any time where a crane operator
(a) obtains a certificate or operating permit through misrepresentation or fraud;
(b) attempts to obtain a certificate or operating permit by false means for or on behalf of another person;
(c) verifies the application form of a candidate requesting examination for a certificate without personally knowing the truth of the written statements relating to operating experience as stated on the application;
(d) carries out the crane operator's duties in such a manner as to endanger the crane operator's own health or safety or that of any other person within the vicinity of any crane;
(e) falsifies log book entries; or
(f) contravenes this Part or the regulations.
(4) The holder of a certificate of qualification issued pursuant to this Section shall pay an annual renewal fee at the time and in an amount prescribed by the regulations.
(5) A certificate of qualification issued pursuant to this Section is valid for a period of one year from the date of issue or the date of the most recent renewal.
14 A person aggrieved by any decision of the Committee or by any employee of the Department in the exercise of the powers given by this Part or the regulations may appeal to the Board and the decision of the Board is final.
15 (1) A certificate shall, at all times, be carried upon the person when that person is involved with the operation of a crane.
(2) Failure to comply with subsection (1) is prima facie evidence of the lack of qualification pursuant to this Part.
16 (1) No person other than a crane operator shall perform or be employed by any person to perform the work or duties of a crane operator.
(2) A crane operator shall not perform work or duties within the meaning of this Part that are not authorized by the crane operators certificate.
(3) A person whose certificate has been cancelled or suspended shall not perform the duties of a crane operator until reinstated or until the suspension has expired.
(4) A person shall not employ a crane operator at a class or kind of work within the meaning of this Part other than that authorized by the certificate of the crane operator.
17 (1) An owner or person who
(a) violates this Part or the regulations; or
(b) fails to comply with a direction made in carrying out this Part or the regulations,
is guilty of an offence and liable on summary conviction to a fine not exceeding two hundred thousand dollars or a term of imprisonment not exceeding twelve months, or both.
(2) In addition to a fine imposed pursuant to subsection (1), an additional fine of up to twenty-five thousand dollars per day may be imposed for each day of non-compliance with a direction given pursuant to this Part or the regulations.
18 (1) Subject to subsection (3), Stationary Engineer - Hoisting Plant Certificates of Qualification issued pursuant to the Stationary Engineers Act, in force immediately before the coming into force of this Part, are deemed to be certificates of qualification issued pursuant to this Part and may be exchanged for corresponding certificates of qualification as prescribed by the regulations.
(2) The Stationary Engineers Act and the regulations made pursuant to that Act respecting examination marks and practical experience in force immediately before the coming into force of this Part continue to apply for one year to persons with applications pending for certification as crane operators at the time of the coming into force of this Part.
(3) Certificates issued pursuant to the Stationary Engineers Act before the coming into force of this Act are valid until the earlier of
(a) the expiry date shown on the certificate; and
(b) twelve months from the date of the coming into force of this Act.
19 (1) Subject to the approval of the Governor in Council, the Minister may make regulations
(a) prescribing the qualifications to be possessed by members of the Appeal Board and the Committee;
(b) establishing the length of terms to be served by members of the Appeal Board and the Committee;
(c) establishing different classifications of cranes and crane operators and defining the scope of work and duties that may be performed by the persons in each classification;
(d) exempting any class of cranes from this Part or the regulations;
(e) prescribing the form of certificate of qualification for each classification of crane operator and the qualifications to be possessed by an applicant for such a certificate;
(f) providing for the examination of applicants for a certificate and the evidence to be furnished by the applicant as to previous training, experience and education;
(g) prescribing the fees payable for examinations, certificates of qualification and the renewal of such certificates and any exemptions to such fees;
(h) prescribing the duties of the Committee and the Appeal Board;
(i) respecting the safe operation of cranes;
(j) respecting appeals;
(k) providing for log books;
(l) providing for the collection of information related to the operation and maintenance of cranes;
(m) authorizing the Committee to approve training programs leading to crane operator certification;
(n) authorizing the Committee to attach conditions to certificates of qualification and operating permits;
(o) authorizing the Committee to review exams marked;
(p) defining any word or expression used but not defined in this Part;
(q) respecting any matter necessary or advisable to effectively carry out the intent and purpose of this Part.
(2) The exercise of the authority contained in subsection (1) is regulations within the meaning of the Regulations Act.
PART II
POWER ENGINEERS
20 In this Part,
(a) "Board" means the Power Engineers and Operators Board established pursuant to this Part;
(b) "boiler" means a vessel in which steam or other vapour can be generated under pressure or in which a liquid can be put under pressure by the application of a heat source;
(c) "boiler plant" means any installation consisting of one or more boilers and any plant prescribed as a boiler plant by the regulations and includes any pipe or fitting, prime mover, machinery or other equipment attached thereto;
(d) "chief operator" means an operator or a power engineer who has charge of and responsibility for the safe operation of a refrigeration or compressor plant;
(e) "chief power engineer" means a power engineer who has charge of and responsibility for the safe operation of a plant;
(f) "Committee" means the Appeal Committee established pursuant to this Part;
(g) "compressor plant" means an installation consisting of pressure vessels, pipes, fittings, machinery or other equipment used for compressing and storing air or other gas under pressure or any installation prescribed as a compressor plant by the regulations;
(h) "Department" means the Department of Environment and Labour;
(i) "employee of the Department" means any person assigned by the Minister to the administration of this Part, including the Inspector-Examiner and each inspector;
(j) "examinations" means examination papers that have been accepted by the Minister and as prescribed by the regulations;
(k) "expansible fluid" means
(i) any vapour or gaseous substance, or
(ii) any liquid under a pressure and at a temperature that is such that the liquid will change to a gas or vapour when the pressure is reduced to atmospheric pressure;
(l) "inspector" means a person appointed as an inspector pursuant to this Part and includes the Inspector-Examiner or a designee of the Inspector-Examiner;
(m) "Inspector-Examiner" means the Inspector-Examiner appointed pursuant to this Part;
(n) "Minister" means the Minister of Environment and Labour;
(o) "operator" means the holder of a certificate of qualification issued pursuant to this Part authorizing the person to operate a compressor plant or a refrigeration plant;
(p) "owner" means a person, firm, corporation or unincorporated body that is in charge of a plant as owner or tenant or as the agent of the owner or tenant;
(q) "plant" means any place where a boiler plant, a compressor plant, a refrigeration plant or other machinery and equipment are located or any place prescribed by the regulations;
(r) "plant registration certificate" means a certificate issued to the owner of a plant and that displays the rating, supervision requirements, type and level of certification required by the chief and shift power engineer or operator;
(s) "power engineer" means a person who is the holder of a certificate of qualification issued pursuant to this Part authorizing the person to operate a plant;
(t) "pressure vessel" means a vessel, other than a boiler, that contains or is intended to contain an expansible fluid under pressure;
(u) "rating" means the power rating in kilowatts of a plant or unit as prescribed in the regulations;
(v) "refrigeration plant" means an installation consisting of pressure vessels, pipes, fittings, machinery or other equipment by which refrigerants are vaporized, compressed and liquified in the refrigerating cycle and includes any installation prescribed as a refrigeration plant by the regulations;
(w) "regulations" means regulations made pursuant to this Part;
(x) "shift power engineer or shift operator" means a power engineer or an operator who has charge of and operates a plant under the direction and supervision of a chief power engineer or a chief operator and who is the holder of a certificate of qualification at least equivalent to one class lower than the certificate of qualification required for the chief power engineer or the chief operator, if any.
21 (1) This Part does not apply to
(a) any person actively pursuing initial certification as a power engineer or an operator while acting under the supervision of a power engineer or an operator who has charge of any plant or any part of a plant to which this Part applies;
(b) workers engaged in installing, setting up or testing any unregistered plant or equipment;
(c) workers setting up or testing equipment which is part of a registered plant while under the supervision of a power engineer or an operator;
(d) railways operating under an enactment of the Parliament of Canada or the Province;
(e) any kind of plant situate on a vessel floating on navigable waters to which the Canada Shipping Act applies; or
(f) an apprentice registered pursuant to the Apprenticeship and Trades Qualifications Act who is enrolled in a course of study under that Act and who is not the holder of a certificate but who is under the direct supervision of the holder of a certificate.
(2) For greater certainty, this Part and the regulations relating to initial certification, including those provisions relating to examinations and the payment of the corresponding fees, apply to the persons referred to in clause (1)(a).
(3) This Act binds Her Majesty in right of the Province.
22 The Minister has the general supervision and management of this Part and the regulations.
23 An Inspector-Examiner and such inspectors, officials and employees as may be necessary to enable the Inspector-Examiner to perform the duties assigned to the Inspector-Examiner pursuant to this Part shall be appointed by the Minister.
24 (1) For the purpose of ensuring compliance with this Part or the regulations or any direction made pursuant to this Part, an inspector may at any reasonable hour of the day or night, enter any site and inspect any place or conduct any tests or make any investigations considered necessary or advisable.
(2) Upon the request of an inspector, the owner or a representative appointed by the owner shall accompany the inspector during an inspection or investigation pursuant to subsection (1) and, upon the request of the inspector, make available to the inspector a person who has special or expert knowledge of any matter relevant to the plant or its operation.
(3) An inspector may
(a) require the production of any records, drawings, specifications, books, plans or other documents that relate to the plant and remove them temporarily for the purpose of making copies;
(b) take photographs or recordings of the plant or any activity taking place around the plant;
(c) make an inspection, investigation or inquiry considered necessary to ascertain whether this Part or the regulations or any direction made pursuant to this Part or the regulations are being complied with;
(d) investigate any person with respect to matters pursuant to this Part or the regulations;
(e) exercise such other powers as may be necessary or incidental to the carrying out of the functions of the inspector pursuant to this Part or the regulations.
25 (1) No person shall interfere with or obstruct an employee of the Department in the exercise of the powers given to the employee by this Part or the regulations.
(2) No person shall knowingly furnish an inspector with false information or neglect or refuse to furnish information required by an inspector in the exercise of the powers or the performance of the duties of an inspector pursuant to this Part or the regulations.
26 (1) An employee of the Department may give directions orally or in writing for the carrying out of this Part or the regulations and may require that such directions be carried out within such time as is specified.
(2) Directions given orally pursuant to subsection (1) shall be confirmed in writing as soon as practicable.
27 An owner shall comply with every direction given pursuant to this Part or the regulations and shall furnish any assistance required for the purpose of entering, inspecting or examining any place or making an inquiry concerning a place.
28 (1) No action or other proceeding for damages lies or shall be instituted against any employee of the Department for an act or omission done in good faith in the execution or intended execution of any power or duty pursuant to this Part or the regulations.
(2) Subsection (1) does not relieve Her Majesty in right of the Province of liability in respect of a wrongful act committed by any employee of the Department to which it otherwise would be subject.
29 (1) The Minister shall establish a board, to be known as the Power Engineers and Operators Board, composed of
(a) one professional engineer;
(b) an owner, or the representative of an owner;
(c) one first class power engineer who is a member of a recognized labour organization;
(d) one first class power engineer who is a representative of management;
(e) one other first class power engineer; and
(f) the Inspector-Examiner.
(2) The persons appointed to the Board pursuant to subsection (1) shall possess the experience and qualifications as prescribed by this Part or the regulations.
(3) Four members of the Board constitutes a quorum.
(4) The Board shall
(a) advise the Minister on the administration and effectiveness of this Part and the regulations and any proposed changes to this Part or the regulations; and
(b) perform such other duties as are prescribed by the regulations.
(5) The members of the Board shall be paid such reasonable travelling and living expenses incurred by them in the performance of their duties and such fees as may be determined by the Governor in Council.
(6) The Minister shall designate the Inspector-Examiner as Chair of the Board and assign to the Board such employees of the Department as are deemed necessary to carry out the duties of the Board.
30 (1) The Minister may appoint an Appeal Committee consisting of three persons, each of whom shall possess the qualifications prescribed by the regulations.
(2) The members of the Appeal Committee shall be paid such reasonable travelling and living expenses and such fees as may be determined by the Governor in Council.
(3) The Appeal Committee shall hear appeals as provided for in the regulations.
31 (1) The Minister may prescribe different levels of classification for a power engineer or an operator.
(2) Any person may, upon payment of the fees and in accordance with the regulations, apply to the Inspector-Examiner for a certificate of qualification.
(3) When an applicant for a certificate of qualification meets the requirements prescribed in this Part and the regulations and passes the examinations prescribed by the regulations, that person shall be granted a certificate of qualification as a power engineer or an operator in the appropriate classification level.
(4) The Inspector-Examiner, after consultation with the Inspector-Examiners immediate supervisor, may suspend or revoke a certificate of qualification of a stationary engineer where the stationary engineer
(a) obtains a certificate of qualification or plant registration certificate through misrepresentation or fraud;
(b) attempts to obtain a certificate of qualification by false means for or on behalf of another person;
(c) verifies the application of a candidate requesting examination or a certificate of qualification without personally knowing the truth of the written statements as stated on the application relating to operating experience;
(d) carries out the duties of a power engineer or operator in such a manner as to endanger the health or safety of any person, including the power engineer or the operator;
(e) falsifies log book entries; or
(f) contravenes this Part or the regulations or directives or orders issued under this Part and the regulations.
(5) Each certificate of qualification shall at all times be kept in a conspicuous place in the plant in which the holder of the certificate is employed.
(6) Failure to comply with subsection (5) is prima facie evidence of the lack of qualification pursuant to this Part.
(7) The holder of a certificate of qualification issued pursuant to this Section shall pay an annual renewal fee at the time and in an amount prescribed by the regulations.
(8) A certificate of qualification issued pursuant to this Section is valid for a period of one year from the date of issue or the date of the most recent renewal.
32 (1) The Minister may prescribe by the regulations different classifications of plants.
(2) The owner of a plant shall apply to the Inspector-Examiner for a plant registration certificate for that plant.
(3) The Inspector-Examiner may grant or transfer a plant registration certificate and, after consultation with the Inspector-Examiners immediate supervisor, suspend or revoke that certificate where the owner
(a) obtains a plant registration certificate through misrepresentation or fraud;
(b) operates the plant in a manner that endangers the health or safety of any person at or near the plant;
(c) falsifies log book entries; or
(d) contravenes this Part or the regulations or directives or orders issued under this Part and the regulations.
(4) The plant registration certificate shall designate the plant to which it relates.
(5) No person shall use or operate a plant for which a plant registration certificate is not in effect.
(6) The plant registration certificate shall at all times be kept in a conspicuous place in close proximity to the plant to which the certificate relates.
(7) The holder of a plant registration certificate issued pursuant to this Section shall pay an annual registration fee at the time and in an amount prescribed by the regulations.
(8) The Inspector-Examiner may attach conditions to any certificate of plant registration issued pursuant to this Section.
(9) A certificate of plant registration is valid for a period of one year from the date of issue or the date of the most recent renewal.
33 (1) No person, other than a power engineer or an operator, shall perform or be employed by any person to perform the work or duties of a power engineer or an operator.
(2) A power engineer or operator shall not perform work or duties within the meaning of this Part that are not authorized by the power engineers or operators certificate of qualification.
(3) A person whose certificate of qualification has been cancelled or suspended shall not perform the duties of a power engineer or an operator until reinstated or until the suspension has expired.
(4) A person shall not employ a power engineer or operator at a class or kind of work within the meaning of this Part other than that authorized by the certificate of qualification of the power engineer or the operator.
34 (1) No owner or person in charge of any plant that requires supervision, as determined by the regulations, shall operate the plant or permit the plant to be operated unless it is operated
(a) under the supervision of a power engineer or an operator who is the holder of a certificate of qualification of a class that qualifies the holder to act as the chief power engineer or chief operator of the plant; and
(b) under the method of supervision as established in the regulations for that plant.
(2) Where the Inspector-Examiner is not satisfied that the number of power engineers or operators employed by an owner is sufficient for the safe operation of a plant or that the power engineers or operators employed by the owner hold the required level of certification, the Inspector-Examiner may direct the owner to employ additional power engineers or operators with the required level of certification.
(3) Where the Inspector-Examiner is not satisfied that the method of supervision referred to in clause (1)(b) is appropriate for the safe operation of a boiler, refrigeration or compressor plant, the Inspector-Examiner may attach additional requirements for the safe operation of that plant.
35 (1) Notwithstanding Section 34, where a power engineer or an operator is absent from the power engineer's or operator's duties without having given the employer notice of the intended absence, the duties of the power engineer or operator may be performed by any person under the supervision of the chief power engineer or the chief operator or, in the absence of both, with the approval of the Inspector-Examiner, for a period not exceeding forty-eight hours.
(2) Notwithstanding Section 34, a power engineer or an operator who is absent from any plant due to sickness or while on holidays may be replaced by a power engineer or an operator holding a certificate of qualification not more than one class lower than the certificate of qualification, if any, required of the power engineer or operator who is absent.
(3) The temporary staffing procedure referred to in subsection (2) shall not exceed thirty calendar days per year per registered plant or such greater number of days per year as may be authorized in writing by the Inspector-Examiner or a designee of the Inspector-Examiner.
(4) With the approval of the Inspector-Examiner, to be given only in special circumstances, the holder of a certificate may perform, in accordance with conditions established by the Inspector-Examiner and for a period specified by the Inspector-Examiner, the duties of a person holding a certificate of the next highest class.
36 (1) An owner or person who
(a) violates this Part or the regulations; or
(b) fails to comply with a direction made in carrying out this Part or the regulations,
is guilty of an offence and liable on summary conviction to a fine not exceeding two hundred thousand dollars or a term of imprisonment not exceeding twelve months, or both.
(2) In addition to a fine imposed pursuant to subsection (1), an additional fine of up to twenty-five thousand dollars per day may be imposed for each day of non-compliance with a direction given pursuant to this Part.
37 (1) Subject to subsection (3), Certificates of Qualification issued pursuant to the Stationary Engineers Act, in force immediately before the coming into force of this Part, are deemed to be certificates of qualification issued pursuant to this Part, with the exception of Stationary Engineer - Hoisting Plant Certificates.
(2) The Stationary Engineers Act and regulations made pursuant to that Act respecting examination marks and practical experience in force immediately before the coming into force of this Part continue to apply for one year to persons with applications pending for certification as power engineers at the time of the coming into force of this Part.
(3) Certificates issued pursuant to the Stationary Engineers Act before the coming into force of this Act are valid until the earlier of
(a) the expiry date shown on the certificate; and
(b) twelve months from the date of the coming into force of this Act.
38 (1) Subject to the approval of the Governor in Council, the Minister may make regulations
(a) prescribing a plant as a boiler plant, compressor plant or refrigeration plant for the purpose of this Part;
(b) establishing different classifications of power engineers and operators and defining the scope of work and duties that may be performed by the persons in each classification;
(c) establishing the fees payable for the renewal, issuance or replacement of certificates of qualification, plant registration, examination, applications for certificates of qualification and any exemptions to such fees;
(d) exempting any class of plant from this Part or the regulations;
(e) respecting the duties of the Board and the appointment, number, length of term, experience, qualifications and duties of members of the Board;
(f) respecting the appointment, length of term, experience, qualifications and duties of members of the Committee;
(g) respecting appeals, including the matters that can be appealed to the Committee and the procedure and forms to be used in the making of appeals;
(h) establishing the form of the certificate of qualification for each classification of power engineer and operator and the qualifications to be possessed by an applicant for such a certificate of qualification;
(i) providing for the examination of applicants for certificates of qualification and the evidence to be furnished by an applicant as to previous training, experience and education;
(j) establishing the manner of determining power rating;
(k) establishing the duties of owners of plants with regard to this Part;
(l) respecting the registration, staffing, supervision and operation of plants pursuant to this Part;
(m) respecting the installation, operation and maintenance of safety devices and systems;
(n) respecting the safe operation of boiler, refrigeration or compressor plants;
(o) requiring the keeping of records;
(p) authorizing the Inspector-Examiner to issue restricted certificates of qualification;
(q) establishing the classification of plants;
(r) authorizing the Inspector-Examiner to determine the conditions under which power engineers can leave the primary control area of a plant;
(s) providing for restricted certificates of qualification and authorizing the Inspector-Examiner to determine whether a restricted certification may be granted;
(t) authorizing the Inspector-Examiner to accept courses related to power engineering and refrigeration and compressor plants;
(u) defining any word or expression used but not defined in this Part;
(v) respecting any matter necessary or advisable to effectively carry out the intent and purpose of this Part.
(2) The exercise of the authority contained in subsection (1) is regulations within the meaning of the Regulations Act.
PART III
GENERAL
39 Chapter 2 of the Acts of 1994-95, the Crane Operators Act, is repealed.
40 Chapter 8 of the Acts of 1994-95, the Power Engineers Act, is repealed.
41 Chapter 440 of the Revised Statutes, 1989, the Stationary Engineers Act, is repealed.
42 This Act has effect on and after September 1, 2001.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2000 Crown in right of Nova Scotia. Created December 1, 2000. Send comments to legc.office@gov.ns.ca.
