BILL 27 An Act to Amend the Boiler and Pressure Vessel Act

BILL 27

An Act to Amend the Boiler and Pressure Vessel Act

 

 

 

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 Section 1 of the Boiler and Pressure Vessel Act, chapter B-7.1 of the Acts of New Brunswick, 1976, is amended

(a) in the definition "have charge of" by striking out "stationary engineers" and substituting "power engineers";

 

(b) by adding before the definition "power plant" the following:

 

"Power Engineers Board" means the Board of Examiners for Power Engineers established under section 4;

 

(c) by repealing the definition "Stationary Engineers Board".

2 The heading "STATIONARY ENGINEERS" preceding section 4 of the Act is repealed and the following is substituted:

POWER ENGINEERS

 

3 Section 4 of the Act is amended

(a) in subsection (1)

(i) by striking out "Board of Examiners for Stationary Engineers" and substituting "Board of Examiners for Power Engineers";

 

(ii) by striking out "Stationary Engineers Licences" and substituting "Power Engineers Licences";

 

(b) in subsection (2) by striking out "Stationary Engineers Board" and substituting "Power Engineers Board";

 

(c) in subsection (3) by striking out "Stationary Engineers Board" and substituting "Power Engineers Board";

 

(d) in subsection (4) by striking out "Stationary Engineers Board" and substituting "Power Engineers Board".

 

4 Section 5 of the Act is repealed and the following is substituted:

5 The Power Engineers Board may designate one or more persons, being the holders of a valid First Class Power Engineers Licence issued under this Act, as examiners.

 

5 Section 6 of the Act is amended

(a) in subsection (1)

(i) by striking out "Stationary Engineers Board" and substituting "Power Engineers Board";

 

(ii) by striking out "stationary engineers licence" and substituting "power engineers licence";

 

(b) in subsection (2)

(i) by striking out "Stationary Engineers Board" and substituting "Power Engineers Board";

 

(ii) by striking out "stationary engineers licence" and substituting "power engineers licence".

 

6 Section 7 of the Act is amended

(a) by striking out "stationary engineers licence" wherever it appears and substituting "power engineers licence";

 

(b) by striking out "Stationary Engineers Board" and substituting "Power Engineers Board".

 

7 Section 8 of the Act is amended

(a) in subsection (1) by striking out "stationary engineers licence" and substituting "power engineers licence";

 

(b) in subsection (2) by striking out "stationary engineers licence" and substituting "power engineers licence";

 

(c) in subsection (3) by striking out "stationary engineers licence" and substituting "power engineers licence";

 

(d) in subsection (4)

(i) by striking out "stationary engineers licence" and substituting "power engineers licence";

 

(ii) by striking out "Stationary Engineers Board" and substituting "Power Engineers Board";

 

(e) in subsection (5)

(i) by striking out "stationary engineers licence" wherever it appears and substituting "power engineers licence";

 

(ii) by striking out "Stationary Engineers Board" and substituting "Power Engineers Board".

8 Section 10 of the Act is amended

(a) in the portion preceding paragraph (a)

(i) by striking out "Stationary Engineers Board" and substituting "Power Engineers Board";

 

(ii) by striking out "stationary engineers licence" and substituting "power engineers licence";

 

(b) in paragraph (a) of the English version by striking out "stationary engineers licence" and substituting "power engineers licence";

 

(c) in paragraph (e) of the English version by striking out "stationary engineers licence" and substituting "power engineers licence";

 

(d) in paragraph (g) of the English version by striking out "stationary engineers licence" and substituting "power engineers licence";

 

(e) in paragraph (i) of the English version by striking out "stationary engineers licence" and substituting "power engineers licence".

 

9 Section 11 of the Act is amended

(a) by striking out "stationary engineers licence" and substituting "power engineers licence";

 

(b) by striking out "Stationary Engineers Board" and substituting "Power Engineers Board".

 

10 Section 27.7 of the Act is amended

(a) in paragraph (1)(a) by striking out "Industrial Training and Certification Act" and substituting "Apprenticeship and Occupational Certification Act";

(b) in paragraph (7)(b) by striking out "in the steamfitter-pipefitter trade under the Industrial Training and Certification Act" and substituting "in the steamfitter-pipefitter occupation under the Apprenticeship and Occupational Certification Act";

 

 

(c) by adding after subsection (9) the following:

27.7(10) Notwithstanding subsections (7), (8) and (9), a person may carry out repair and maintenance work necessary for the daily operation of a pressure piping system that incorporates a power plant or a high pressure heating plant if that person

 

(a) holds a power engineers licence issued under this Act, a welder’s certificate issued under the regulations or a certificate of qualification in the industrial instrument mechanic occupation or the industrial mechanic (millwright) occupation issued under the Apprenticeship and Occupational Certification Act, and

 

 

(b) is an employee of the owner or occupier of the premises on which that pressure piping system is situated.

11(1) Where in any Act, other than this Act, or in any regulation, rule, order, by-law, agreement or other instrument or document, reference is made to the Board of Examiners for Stationary Engineers or the Stationary Engineers Board, it shall be read, unless the context otherwise requires, as a reference to the Board of Examiners for Power Engineers or the Power Engineers Board, respectively.

 

 

11(2) Where in any Act, other than this Act, or in any regulation, rule, order, by-law, agreement or other instrument or document, reference is made to a stationary engineer, it shall be read, unless the context otherwise requires, as a reference to a power engineer.

 

11(3) Where in any Act, other than this Act, or in any regulation, rule, order, by-law, agreement or other instrument or document, reference is made to a stationary engineers licence or a stationary engineers licence of a specific class, it shall be read, unless the context otherwise requires, as a reference to a power engineers licence or a power engineers licence of the same class, respectively.

 

 

11(4) The members of the Board of Examiners for Stationary Engineers immediately before the commencement of this subsection continue as members of the Board of Examiners for Power Engineers, subject to the provisions of the Boiler and Pressure Vessel Act, until they are reappointed or replaced.

 

 

 

11(5) A person who is the holder of a stationary engineers licence of any class issued under the Boiler and Pressure Vessel Act before the commencement of this subsection and subsisting on the commencement of this subsection shall be deemed to be the holder of a power engineers licence of the same class issued under the Boiler and Pressure Vessel Act.

 

 

EXPLANATORY NOTES

Section 1

(a) The existing definition is as follows:

"have charge of" when used in relation to a heating plant or a power plant, means to have at all times while the heating plant or the power plant is in operation the duties of general supervision over the operation and maintenance of such heating plant or power plant and over stationary engineers engaged in the operation of such heating plant or power plant;

(b) This amendment is consequential on the amendment made in subparagraph 3(a)(i) of this amending Act.

(c) This amendment is consequential on the amendment made in subparagraph 3(a)(i) of this amending Act.

Section 2

A heading is revised.

Section 3

The existing provision is as follows:

4(1) The Lieutenant-Governor in Council shall appoint a Board of Examiners for Stationary Engineers of not more than five persons being holders of valid First Class Stationary Engineers Licences issued under this Act.

 

4(2) The Stationary Engineers Board shall consist of a chairman designated by the Lieutenant-Governor in Council and not more than four other members as the Lieutenant-Governor in Council appoints.

4(3) The members of the Stationary Engineers Board may hold office for a term of three years and may be re-appointed.

4(4) Every member of the Stationary Engineers Board while engaged in the performance of duties in pursuance of this Act or the regulations shall be paid such fees for his services as are fixed from time to time by the Lieutenant-Governor in Council together with necessary travelling expenses.

 

Section 4

The existing provision is as follows:

5 The Lieutenant-Governor in Council shall appoint one or more persons, being the holders of a valid First Class Stationary Engineers Licence, as examiners.

Section 5

The existing provision is as follows:

6(1) Any Stationary Engineers Board member or examiner may examine qualified candidates for any class of stationary engineers licence provided for by or under this Act.

 

6(2) The Stationary Engineers Board shall provide the examination to be given a candidate for any class of stationary engineers licence and shall establish the degree of competency that a candidate shall display to successfully pass such examination.

Section 6

The existing provision is as follows:

7 Where a candidate for any class of stationary engineers licence successfully passes his examination for that class and complies with the regulations respecting the qualifications of candidates, the Stationary Engineers Board shall issue to that candidate a stationary engineers licence for the class examined.

Section 7

The existing provision is as follows:

8(1) Except as provided for by or under this Act, no owner, lessee or employer shall permit any person to operate or have charge of a heating plant or a power plant who is not the holder of a stationary engineers licence of the class established for that plant by the regulations.

 

 

8(2) No owner, lessee or employer shall permit or cause the holder of a stationary engineers licence to engage during working hours while operating or having charge of a heating plant or power plant in any labour or pursuit not immediately connected with such operation that would interfere with the safe operation of the heating plant or power plant.

 

8(3) Except as provided for by or under this Act, no person shall operate or have charge of a heating plant or power plant unless he is the holder of a stationary engineers licence of the class established for that plant by the regulations.

 

8(4) A stationary engineers licence shall be in such form and contain such information as the Stationary Engineers Board requires.

8(5) Where any other province, state or country recognizes a stationary engineers licence issued under this Act as authority to the holder thereof to operate or have charge of heating plants or power plants in such province, state or country, the Stationary Engineers Board, upon payment of the prescribed fee, may grant to the holder of a licence issued by such province, state or country a similar stationary engineers licence to have charge of heating plants or power plants in this Province.

 

Section 8

The existing provision is as follows:

10 The Stationary Engineers Board may suspend or cancel a stationary engineers licence if it is satisfied that

 

(a) the licensee has obtained his stationary engineers licence through misrepresentation or fraud,

(b) Repealed: 1983, c.14, s.9.

(c) Repealed: 1983, c.14, s.9.

(d) the licensee has proven to be incompetent or grossly negligent in the discharge of his duties,

(e) the licensee has permitted some other person to act under authority of his stationary engineers licence,

(f) the licensee during working hours while operating or having charge of a heating plant or power plant has engaged in any labour or pursuit not immediately connected with such operation that would interfere with the safe operation of the heating plant or power plant,

 

(g) the licensee has operated or has had charge of a heating plant or power plant that by his stationary engineers licence he was not authorized to operate or have charge of,

(h) the licensee has been convicted of an offence under this Act or the regulations, or

(i) the licensee has been guilty of an act of impropriety in connection with his duties while acting under authority of his stationary engineers licence.

Section 9

The existing provision is as follows:

11 Where a stationary engineers licence is suspended or cancelled by the Stationary Engineers Board the licensee may appeal the decision to the Minister who may uphold, vary or revoke the suspension or cancellation.

 

Section 10

(a) The existing provision is as follows:

27.7(1) The Chief Inspector shall, upon application and upon payment of the prescribed fee, issue a steamfitter-pipefitter licence to any person who

(a) holds a certificate of qualification as a steamfitter-pipefitter issued under the Industrial Training and Certification Act, and

 

(b) The existing provision is as follows:

27.7(7) No person shall carry on the steamfitter-pipefitter trade in connection with a pressure piping system that incorporates a power plant or a high pressure heating plant unless that person…

(b) is registered as an apprentice in the steamfitter-pipefitter trade under the Industrial Training and Certification Act and is working under the direct supervision of the holder of a steamfitter-pipefitter licence issued under this Act.

 

(c) The new subsection 27.7(10) authorizes certain persons to carry out repair and maintenance work necessary for the daily operation of certain pressure piping systems as set out in the new subsection 27.7(10).

Section 11

Transitional provisions.