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Technical Safety General Regulations

made under Section 49 of the

Technical Safety Act

S.N.S. 2008, c. 10

O.I.C. 2011-26 (January 18, 2011, effective April 1, 2011), N.S. Reg. 9/2011



Table of Contents


Interpretation and Application

Citation

Definitions

Advisory Board and Sub-committees

Advisory Board composition

Reports of Advisory Board

Chair and vice-chair of Advisory Board

Meetings of Advisory Board

Quorum of Advisory Board

Term of members of Advisory Board

Role of Advisory Board

Sub-committees

Reports of sub-committees

Chair and secretary of sub-committees

Composition of sub-committee

Meetings of sub-committees

Quorum of sub-committees

Termination of membership in sub-committee

Notice and Report of Incident

Content of notice of incident

Content of written report of incident

Reinstatement of Authorizations, Registrations, Licences and Permits

Application for reinstatement of authorization or registration

Application for reinstatement of licence

Application for reinstatement of permit

Alternative Compliance Method

Application for authorization of an alternative compliance method

Minor Variance

Application for a minor variance

Maintenance Work Exemptions

Exemption from licence or permit for certain maintenance work




Interpretation and Application


Citation

1     These regulations may be cited as the Technical Safety General Regulations.


Definitions

2     In the Act and the regulations made under the Act,

 

“Act” means the Technical Safety Act;

 

“Apprenticeship Board” means the Apprenticeship Board appointed under the Apprenticeship and Trades Qualifications Act;

 

“Apprenticeship Training and Skill Development Division” means the Apprenticeship Training and Skill Development Division of the Department of Labour and Advanced Education;

 

“construction” means following a system to assemble components or sub-components to create a regulated product or a part of a regulated product;

 

“equivalent standards card” means an identification card issued to an individual by the Apprenticeship Training and Skill Development Division as evidence that the individual meets the qualifications set in another jurisdiction that the Division considers to be equivalent to the Provincial standard, and the card is deemed to be a certificate of competency;

 

“general fees” means the fees for general, non-sector-specific services under the Act or these regulations that are set by the Minister in the Technical Safety Fees Regulations made under the Act.


Advisory Board and Sub-committees


Advisory Board composition

3     (1)    The Advisory Board may have up to 17 members, in addition to the secretary to the Board.

 

       (2)    The Minister must appoint the Administrator or the Administrator’s representative as a non-voting member of the Advisory Board and to hold the position of secretary to the Advisory Board;

 

       (3)    The Minister may appoint any of the following as members of the Advisory Board:

 

                (a)    the Chair of the Apprenticeship Board, or another member of the Apprenticeship Board selected by the Chair, who must be a non-voting member of the Advisory Board;

 

                (b)    the Director of [the] Apprenticeship Training and Skill Development Division or the Director’s representative, who must be a non-voting member of the Advisory Board;

 

                (c)    1 representative from the Construction Association of Nova Scotia, as selected by that organization;

 

                (d)    1 representative from the Canadian Manufacturers and Exporters, as selected by that organization;

 

                (e)    1 representative from the Building Owners and Managers Association Nova Scotia, as selected by that organization.

 

       (4)    If an organization specified in clause (3)(c), (d) or (e) is unable to select a representative, the Minister may appoint a member selected by a similar organization chosen by the Minister to replace the specified organization.

 

       (5)     The Minister may appoint any of the following as members of the Advisory Board:

 

                (a)    1 member who holds a Provincial or interprovincial first class power engineer licence under the Power Engineers Regulations made under the Act, and who is working in a first class boiler plant;

 

                (b)    1 member who has experience working for a public utility performing inspections of electrical installations;

 

                (c)    1 member who has a crane operator 1 licence with a lattice boom crane endorsement under the Crane Operators Regulations made under the Act, and who has experience in crane operation;

 

                (d)    1 member who has experience in manufacturing boilers or pressure equipment, as the term is defined in the Boiler and Pressure Equipment Regulations made under the Act;

 

                (e)    1 member who has experience in a business installing or maintaining amusement devices;

 

                (f)    1 member who has experience in a business installing or maintaining elevating devices;

 

                (g)    1 member who has experience in the industry of installing or servicing oil appliances, as the term is defined in the Fuel Safety Regulations made under the Act;

 

                (h)    1 member who has experience in the industry of installing or servicing propane or natural gas appliances, containers or equipment, as those terms are defined under [in] the Fuel Safety Regulations made under the Act;

 

                (i)     1 member who holds a certificate of competency or certificate of qualification in a trade within the scope of the Act or regulations under the Act and is experienced in that trade;

 

                (j)     up to 3 other members, as considered necessary by the Minister for the efficient and effective operation of the Advisory Board.


Reports of Advisory Board

4     (1)    The secretary must provide a copy of every report of the Advisory Board to the Minister.

 

       (2)    The Advisory Board must provide its recommendations and the recommendations it adopts from any sub-committee’s report to the Advisory Board in the form of a report to the Minister.

 

       (3)    The Advisory Board must routinely provide a report to the Minister on the state of technical safety in the Province.


Chair and vice-chair of Advisory Board

5     (1)    The Advisory Board must select 1 voting member to be the chair of the board.

 

       (2)    The Advisory Board must select 1 voting member to be the vice-chair of the board when the chair is unavailable.

 

       (3)    Despite subsections (1) and (2), the Minister may select a member to be the initial chair and a member to be the initial vice-chair of the Advisory Board.

 

       (4)    Despite subsections (1) and (2), if the Advisory Board does not select a chair or vice-chair, the Minister may select a member to be the chair or vice-chair.


Meetings of Advisory Board

6     Meetings of the Advisory Board must be held a minimum of once a year, and as necessary at the request of the Advisory Board Chair.


Quorum of Advisory Board

7     The majority of the voting members of the Advisory Board constitutes a quorum.


Term of members of Advisory Board

8     (1)    Subject to subsections (2) and (3), an Advisory Board member may be appointed for a term of up to 3 years and may be reappointed.

 

       (2)    The Minister may appoint an Advisory Board member for an initial term of up to 5 years.

 

       (3)    A member of the Advisory Board may be appointed for up to a maximum of 2 consecutive terms.

 

       (4)    A member ceases to be a member if any of the following occurs:

 

                (a)    the member resigns;

 

                (b)    the member is unable to act as a member;

 

                (c)    the member fails to attend 3 consecutive Advisory Board meetings without providing a excuse reasonable to the Advisory Board Chair;

 

                (d)    the member was a civil servant appointed to the Advisory Board and is no longer employed, or has changed position, with the civil service of the Province;

 

                (e)    the member is no longer associated with the organization they were appointed to represent on the Advisory Board;

 

                (f)    the member no longer meets the selection criteria of their appointment as a member of the Advisory Board in Section 3.

 

       (5)    Despite any other provision in these regulations, an individual continues to be considered a member and to hold their position on the Advisory Board for up to 3 months after the date their term expired unless any of the following occurs:

 

                         (i)     the individual ceases to be a member under subsection (4),

 

                         (ii)    the individual is reappointed,

 

                         (iii)   a new member is appointed for their position.


Role of Advisory Board

9     (1)    In addition to the roles and duties set out in the Act, the Advisory Board may do any of the following:

 

                (a)    in seeking advice from non-members and experts under clause 11(4)(c) of the Act, receive submissions and hear petitions, briefs and comments from individuals or groups with respect to the Act;

 

                (b)    make recommendations to the Minister on any of the following:

 

                         (i)     a question or examination for a type or class of certificate of competency,

 

                         (ii)    criteria for a training program for a type or class of certificate of competency required in a regulation made under the Act,

 

                         (iii)   a requirement in a practical test for a type or class of certificate of competency required in a regulation made under the Act,

 

                         (iv)   a qualification for a type or class of certificate of competency,

 

                         (v)    a requirement in a practical test for a type and level of endorsement, or a type or class of certificate of competency required in a regulation made under the Act,

 

                         (vi)   a qualification for a type and level of endorsement or a type or class of certificate of competency,

 

                         (vii)  recommendations made in a report from a sub-committee,

 

                         (viii) an acceptable equivalent for meeting a requirement in a regulation made under the Act.

 

       (2)    The Advisory Board may establish procedures, policies and operating guidelines for conducting the business of the Advisory Board, as it considers necessary.


Sub-committees

10   (1)    With the Minister’s approval, the Advisory Board must initially create the following sub-committees:

 

                (a)    boiler and pressure equipment advisory sub-committee;

 

                (b)    crane operator advisory sub-committee;

 

                (c)    fuel safety advisory sub-committee;

 

                (d)    power engineer advisory sub-committee.

 

       (2)    With the Minister’s approval, the Advisory Board may establish procedures, policies or operating guidelines for conducting the business of a sub-committee as it considers is necessary.

 

       (3)    The Minister may disband a sub-committee at any time if the Minister believes that any of the following apply:

 

                (a)    the sub-committee is not meeting its mandate;

 

                (b)    the sub-committee is not following established procedures, policies or operating guidelines;

 

                (c)    the sub-committee is no longer necessary for examining technical safety issues.

 

       (4)    With the Minister’s approval, the Advisory Board may assign duties, including some of the Advisory Board’s duties, to a sub-committee.


Reports of sub-committees

11   (1)    A sub-committee must provide its recommendations in the form of a report to the Advisory Board.

 

       (2)    The secretary must provide a copy of every report of the sub-committee to the Advisory Board.


Chair and secretary of sub-committees

12   (1)    The Advisory Board must select a member of a sub-committee who is a member of the Advisory Board to act as the chair of the sub-committee.

 

       (2)    The Administrator or the Administrator’s representative must be a non-voting member of each sub-committee and hold the position of secretary to the sub-committee.


Composition of sub-committee

13   (1)    Excluding the secretary, an advisory sub-committee must have a minimum of 5 members and, except as provided in subsection (2), a maximum of 10 members.

 

       (2)    An advisory sub-committee may have more than 10 members if the Advisory Board approves the increased membership.

 

       (3)    To be appointed as a member of a sub-committee, a person who is not a member of the Advisory Board must be an expert or specialist in an aspect of technical safety that the Advisory Board considers necessary for the efficient and effective operation of the sub-committee.


Meetings of sub-committees

14   A meeting of a sub-committee must be held at the request of the Advisory Board Chair or the sub-committee chair.


Quorum of sub-committees

15   A majority of the voting members of a sub-committee constitutes a quorum.


Termination of membership in sub-committee

16   A member of a sub-committee ceases to be a member of the sub-committee if any of the following occurs:

 

                (a)    the member resigns;

 

                (b)    the member is unable to act as a member;

 

                (c)    the member fails to attend 3 consecutive sub-committee meetings without providing a excuse reasonable to the sub-committee chair;

 

                (d)    the member is no longer associated with the organization that they were appointed to represent on the sub-committee.


Notice and Report of Incident


Content of notice of incident

17   When giving notice of an incident as required by Section 13 of the Act, an owner or operator must provide the Administrator or the Administrator’s designate with all of the following information:

 

                (a)    the full name of individual reporting the incident;

 

                (b)    the title of individual reporting the incident;

 

                (c)    the contact information for the individual reporting the incident;

 

                (d)    the civic address of the location of the incident;

 

                (e)    the date and approximate time of the incident;

 

                (f)    a description of the incident;

 

                (g)    the extent of any injury or damage caused by the incident.


Content of written report of incident

18   An owner or operator who is required by the Administrator or Administrator’s designate to provide a written report of an incident must include all of the following information in the report:

 

                (a)    all of the information listed in subsection (1);

 

                (b)    details of the incident;

 

                (c)    details of any corrective action taken as a result of the incident;

 

                (d)    any relevant information specifically requested by the Administrator or the Administrator’s designate.

 

Reinstatement of Authorizations, Registrations, Licences and Permits


Application for reinstatement of authorization or registration

19   (1)    The holder of an authorization or registration that is revoked or suspended under subsection 22(3) of the Act may apply to the chief inspector or person who suspended or revoked the authorization or registration to have it reinstated.

 

       (2)    An applicant for reinstatement of an authorization or registration must include all of the following with their application under subsection (1):

 

                (a)    the identifying number for the suspended or revoked authorization or registration;

 

                (b)    the identity of the person requesting the reinstatement;

 

                (c)    contact information for [the] person requesting the reinstatement;

 

                (d)    details of any required corrective action taken by the person requesting the reinstatement;

 

                (e)    details of any required additional training taken by the person requesting the reinstatement;

 

                (f)    payment of the applicable general fees.


Application for reinstatement of licence

20   (1)    A holder of a licence that is suspended or revoked under subsection 23(7) of the Act may apply to the chief inspector who suspended or revoked the licence to have the licence reinstated.

 

       (2)    An applicant for reinstatement of a licence must include all of the following with their application under subsection (1):

 

                (a)    the identifying number for the suspended or revoked licence;

 

                (b)    the identity of the person requesting the reinstatement;

 

                (c)    contact information for [the] person requesting the reinstatement;

 

                (d)    details of any required corrective action taken by the person requesting the licence reinstatement;

 

                (e)    details of any required additional training taken by the person requesting the reinstatement;

 

                (f)    payment of the applicable general fees.


Application for reinstatement of permit

21   (1)    A holder of a permit suspended or revoked under subsection 24(5) of the Act may apply to the chief inspector or inspection agency who suspended or revoked the permit to have the permit reinstated.

 

       (2)    An applicant for reinstatement of a permit must include all of the following with their application under subsection (1):

 

                (a)    the identifying number for the suspended or revoked permit;

 

                (b)    the identity of the person requesting the permit reinstatement;

 

                (c)    contact information for [the] person requesting the permit reinstatement;

 

                (d)    details of any required corrective action taken by the person requesting the permit reinstatement;

 

                (e)    details of any required additional training taken by the person requesting the permit reinstatement;

 

                (f)    payment of the applicable general fees.


Alternative Compliance Method


Application for authorization of an alternative compliance method

22   (1)    A person may discuss the viability of a proposed alternative compliance method with the chief inspector for the regulated work or regulated product, and obtain a preliminary assessment of the proposal before submitting an application for authorization under Section 27 of the Act.

 

       (2)    An applicant for authorization of an alternative compliance method under Section 27 of the Act must include all of the following with their application:

 

                (a)    the full name of the person requesting the authorization;

 

                (b)    the title of [the] person requesting the authorization;

 

                (c)    contact information for the person requesting the authorization;

 

                (d)    the civic address of the location for the property, thing or activity that is the subject of the request for the authorization;

 

                (e)    if the person applying for authorization is not the owner of the property, thing or activity that is the subject of the request for the authorization, written authorization from the owner that includes all of the following:

 

                         (i)     confirmation that the owner has been informed of the request for authorization,

 

                         (ii)    confirmation that the owner has been informed of the details of the proposed alternative compliance method,

 

                         (iii)   confirmation that the owner has agreed to accept the alternative compliance method if authorization is granted;

 

                (f)    the Section of the Act, regulations under the Act or standard, including the edition date, that the alternative compliance method replaces;

 

                (g)    details on the proposed alternative compliance method;

 

                (h)    the reasons why authorization of the alternative compliance method is being requested;

 

                (i)     a detailed risk assessment of the proposed alternative compliance method that identifies all of the following:

 

                         (i)     the risk reduction methodology addressed in the assessment,

 

                         (ii)    the types of hazards addressed in the assessment;

 

                (j)     an assessment of any alternatives to the proposed alternative compliance method;

 

                (k)    copies of plans and specifications for the proposed alternative compliance method;

 

                (l)     a report prepared and certified by an engineer that provides a complete assessment of the proposed alternative compliance method;

 

                (m)   a certified copy of any applicable certification documents from a recognized certification organization;

 

                (n)    the name of any jurisdiction and the authority having jurisdiction that has accepted the proposed alternative compliance method;

 

                (o)    an explanation of how the proposed alternative compliance method will result in the same or a greater level of technical safety, as required for granting an authorization under subsection 27(2) of the Act;

 

                (p)    payment of the applicable general fees.


Minor Variance


Application for a minor variance

23   An applicant for a minor variance under Section 28 of the Act must provide the chief inspector for the regulated work or regulated product with all of the following with their application:

 

                (a)    the full name of the person requesting the minor variance;

 

                (b)    the title of [the] person requesting the minor variance;

 

                (c)    contact information for the person requesting the minor variance;

 

                (d)    the civic address of the location for the property, thing or activity that is the subject of the request for the minor variance;

 

                (e)    the Section of the Act, regulations under the Act or standard, including the edition date, that the minor variance is for;

 

                (f)    details on the requested minor variance;

 

                (g)    the reasons why the minor variance is being requested;

 

                (h)    an explanation of how the requested minor variance will result in the same or a greater level of technical safety, as required for granting a minor variance under subsection 28(2) of the Act;

 

                (i)     payment of the applicable general fees.


Maintenance Work Exemptions


Exemption from licence or permit for certain maintenance work

24   (1)    In this Section, “maintenance” means work performed to replace a sub-component of a regulated product with a like sub-component that does not change the capacity, configuration or design of the product.

 

       (2)    Despite any requirement for a licence or certificate of competency in any regulations made under the Act, an individual who performs regulated work is exempt from the requirement to obtain a licence or a certificate of competency if all of the following conditions are met:

 

                (a)    the regulated work performed is exclusively maintenance;

 

                (b)    the individual performing the work is an employee of the owner of the regulated product that the regulated work is performed upon;

 

                (c)    the individual who performs the work has successfully completed the required training to safely and competently perform that regulated work;

 

                (d)    the chief inspector for the regulated work is satisfied that the training completed under clause (c) is sufficient.

 

       (3)    Despite any requirement for a permit in any regulations made under the Act, an owner of a regulated product is exempt from the requirement to obtain a permit to perform or permit the performance of regulated work on a regulated product, if all of the following conditions are met:

 

                (a)    the regulated work performed is exclusively maintenance;

 

                (b)    the individual performing the work is an employee of the owner of the regulated product that the regulated work is performed upon;

 

                (c)    the individual who performs the work has successfully completed the required training to safely and competently perform that regulated work;

 

                (d)    the chief inspector for the regulated work is satisfied that the training completed under clause (c) is sufficient.

 

       (4)    A chief inspector may issue a directive to provide guidance on what training is sufficient for the purposes of clause (2)(d) or (3)(d).

 

       (5)    If an employee, as an individual who performs regulated work, or an employer, as an owner of a regulated product, relies on a directive issued under subsection (4), the employer must ensure that all of the following are done:

 

                (a)    a record is made of all training taken by the employee to comply with clause (2)(c) or (3)(c);

 

                (b)    a record is made of any test taken by an employee;

 

                (c)    records made under clauses (a) and (b) are kept and are available for auditing for at least 7 years from the date the training or testing was taken by the employee.