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| This archived statute consolidation is current to November 5, 2001 and includes changes enacted and in force by that date. For the most current information, click here. |
[Updated to September 6, 2000]
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Contents |
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Section |
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Refusal, suspension and cancellation of certificates and licences | |
1 In this Act:
"alteration" means an alteration, replacement, removal or addition of any component or part of an elevating device that results in, or may result in, a change in the original design, safety or operational characteristics of the elevating device;
"board" means the Elevating Devices Appeal Board continued by this Act;
"certificate" means a certificate issued under section 3;
"decision" includes an order, direction, requirement, ruling, refusal, suspension or cancellation;
"director" means the person appointed as the director for the purposes of this Act;
"elevating device" means any apparatus, mechanism or device installed or positioned, whether or not as part of a building, for the purpose of hoisting or lowering persons or goods, and includes any other apparatus, mechanism or device that is installed or positioned for the purpose of moving persons, materials or goods and that is prescribed to be an elevating device;
"inspect" includes test;
"inspector" means a person designated as an inspector under this Act and includes the director;
"licence" means a licence issued under the regulations;
"operator" means a person who, as all or part of his or her duties, has direct control of any movement of the car or carrying units of an elevating device.
2 The prohibitions and requirements of this Act and the regulations, and the powers conferred by this Act and the regulations do not apply in respect of any of the following:
(a) elevating devices that are regulated under an Act respecting mines;
(b) elevating devices in dwelling houses occupied or constructed to be occupied as a separate dwelling by one person or by a family unit;
(c) piling or stacking machines or vehicles used within one storey;
(d) cranes and hoists for lifting and lowering goods or materials and that are provided with unguided hooks or slings to which the goods or materials are attached;
(e) appliances that feed materials into or position materials at machine tools, printing presses, furnaces or other processing plants;
(f) freight conveyors of belt, bucket, scoop or roller type, and any similar type of material handling device;
(g) lifting devices that are part of a fully automatic conveyor or material handling system;
(h) freight ramps that have a means for adjusting the slope of the ramp;
(i) vehicle lubrication hoists;
(j) elevating devices that are installed in or adjacent to a barn and used exclusively for agricultural purposes;
(k) lifting devices that are mechanically loaded and unloaded and controlled by trained personnel only, and that are inaccessible to the general public and fenced in or guarded to prevent persons accidentally entering the hoistway;
(l) lift bridges;
(m) railway cars, lifts or dumpers;
(n) winches and jacks attached to or carried as part of the normal equipment or accessories of vehicles;
(o) swing stages and window washing equipment;
(p) elevating devices that the Lieutenant Governor in Council prescribes to be exempt from regulation by or under this Act, to the extent of the prescribed exemption.
Part 2 – Certificates, Licences and Safety
3 (1) The director may issue to the owner of an elevating device a certificate for the elevating device that expires one year after the date of issue.
(2) If no previous certificate has been issued for an elevating device,
(a) a certificate must not be issued for it unless the elevating device has been inspected by an inspector and found by the inspector to comply with the prescribed standards, and
(b) a certificate that is issued must identify the elevating device by a number that must afterward be used as the identifying number for the elevating device.
(3) The director may insert in a certificate conditions respecting safety that the director considers necessary.
(4) A person who owns or has charge of an elevating device must not operate it, or cause or permit it to be operated, unless a certificate for it is in force and it is operated in compliance with the conditions of the certificate.
4 (1) In this section, "major alteration" means an alteration that is prescribed to be a major alteration.
(2) A person must not design, construct, install, alter, repair, maintain or test any elevating device unless
(a) the person is licensed under the regulations as a contractor, and
(b) if the work consists of the construction, installation or major alteration of an elevating device, drawings and specifications of the elevating device, with particulars of the work or alterations, have been
(i) prepared and sealed by a professional engineer,
(ii) examined by an inspector and found by the inspector to meet the prescribed standards, and
(iii) filed with the ministry in accordance with the regulations.
(3) Subsection (2) does not prevent a person who is employed by a contractor and licensed under the regulations as a mechanic from carrying out, under the direction or supervision of the contractor, work of a nature specified in the employee's licence.
5 A person must not be employed as an operator of an elevating device unless the person is licensed under the regulations as an operator.
6 A licence is not transferable.
7 (1) A person must not operate an elevating device or cause or permit it to be operated if the person has reason to believe that it is in an unsafe condition.
(2) A person must not operate an elevating device or cause or permit it to be operated in an unsafe manner.
(3) A person must not operate an elevating device or cause or permit it to be operated with a load in excess of the maximum capacity stated in its certificate.
8 Nothing in this Act prevents an inspector, or a person authorized by the director, from operating an elevating device in connection with its construction, installation, alteration, repair, maintenance or inspection.
9 If, while a licence or certificate is in force or within a prescribed time after that, application is made to renew the licence or certificate and the prescribed fee is paid, the licence or certificate is deemed to continue
(a) until the renewal is granted, or
(b) if the applicant is served with notice that the director proposes to refuse to grant the renewal, until the time for applying for a hearing by the board has expired or, if a hearing is applied for, until the board has made its decision.
Part 3 – Administration and Enforcement
10 (1) Subject to the regulations, the director may designate any person as an inspector.
(2) When designating a person as an inspector, the director may limit the powers and duties of that person under this Act to a class of elevating devices, or to powers and duties that the director specifies.
(3) When acting in the execution of his or her duties under this Act or the regulations, an inspector must on request produce proof of identity.
11 (1) For the purpose of inspecting an elevating device, an inspector may enter, at any reasonable time and on presentation of proof of his or her identity, any premises where he or she has reasonable grounds to believe an elevating device is installed or used or is being constructed or installed.
(2) Nothing in subsection (1) authorizes entry into any structure used solely as a private residence, or into private living accommodation in any other structure.
(3) On entry under subsection (1), an inspector may carry out any inspection and measurement of the elevating device that the inspector considers necessary and, after informing the owner or person in charge of the elevating device, may take away parts of the elevating device or other machinery or devices used in connection with it as the inspector considers appropriate for the purpose, and section 24 of the Offence Act applies.
(4) If the owner, operator or any user or person in charge of an elevating device or any person performing work with respect to an elevating device refuses to do or to refrain from doing anything the inspector considers necessary during an inspection, the inspector may, by written notice served on that person, direct the person to do or to refrain from doing that thing.
(5) A justice may by warrant authorize an inspector to enter premises that an inspector
(a) is entitled to enter under subsection (1), or
(b) would be entitled to enter under subsection (1) but for the exception in subsection (2) respecting a private residence and private living accommodation
if it is shown to the satisfaction of the justice on sworn information in writing that there are reasonable grounds for entry on the premises for the purpose for which entry is required and that
(c) admission has been refused to an inspector or that refusal is anticipated,
(d) an emergency exists,
(e) the occupier is temporarily absent,
(f) the premises are unoccupied, or
(g) an application for admission would defeat the object of the entry.
(6) A justice must not issue a warrant under subsection (5) unless the justice is satisfied that
(a) at least 7 days' notice of the intended entry had been served on the occupier and that admission to the premises was sought after the 7 days,
(b) an emergency exists,
(c) the premises are unoccupied, or
(d) an application for admission to the premises would defeat the object of the entry.
(7) A warrant issued under this section continues in force until the purpose for which the entry is required has been satisfied.
(8) An inspector may take with him or her on to the premises other persons and equipment the inspector considers necessary.
12 If directed in writing by an inspector, an owner or person having charge of an elevating device must
(a) produce for inspection any drawing, specification, certificate, licence, record or report relating to the elevating device,
(b) prepare the elevating device or any part of it for inspection, and
(c) fully disclose, orally or in writing as the inspector requires, any matter respecting the design, construction, installation, alteration, repair, maintenance, inspection, condition and operation of the elevating device.
13 The director may refuse to issue or to renew a certificate or licence, or may suspend or cancel a certificate or licence, if
(a) the director considers that the training, experience, skill or level of competence of the applicant or the holder of the certificate or licence is such that the certificate or licence should not be issued, renewed or continued, or
(b) the director is satisfied that the holder of the certificate or licence has done anything that
(i) would have justified refusal to issue a certificate or licence to the holder,
(ii) is contrary to this Act or the regulations, or
(iii) is contrary to a condition of the certificate or licence.
14 (1) The director or an inspector may, and must on the direction of the minister, investigate and make a report to the minister on any incident connected with an elevating device that has resulted in personal injury or loss of life.
(2) A person conducting an investigation under this section has the protection, privileges and powers of a commissioner under sections 12, 15 and 16 of the Inquiry Act.
15 (1) The owner of the elevating device must close the elevating device and prohibit its use if any of the following occurs:
(a) the elevating device engages its emergency supporting devices;
(b) the supporting mechanisms, safety devices or brakes of the elevating device fail to function;
(c) the elevating device or equipment used in connection with it falls;
(d) an accident occurs involving the elevating device or equipment used in connection with it, causing injury to any person.
(2) In addition, the owner of the elevating device
(a) must within 24 hours after the occurrence, give notice in writing of the facts to an inspector, and
(b) must not authorize or effect any repair to the elevating device until authorized to do so by an inspector.
(3) If an accident occurs involving an elevating device or equipment used in connection with it and a person involved in the accident is killed
(a) the owner of the elevating device must
(i) immediately inform an inspector of the fact, and
(ii) close the elevating device and prohibit its use, and
(b) a person must not interfere with, disturb or remove any wreckage or article in or near the elevating device, except for the purpose of assisting a person trapped or injured.
16 (1) An inspector must not disclose or be compelled to disclose any information or record, received or made in the course of duties under this Act or the regulations, except
(a) if disclosure is necessary in the administration of this Act,
(b) if the person to whom the information or record relates consents,
(c) in court proceedings, or
(d) if another Act requires the disclosure.
(2) The director may disclose or publish
(a) the results of a test, or
(b) information, material or statements
made, acquired, provided or obtained under the powers conferred under the Act or regulations.
17 (1) No action or other proceeding for damages lies or may be instituted against an inspector for an act or omission done by the inspector in good faith in the execution of any power or duty under this Act or the regulations.
(2) Subsection (1) does not relieve the government of liability for a tort committed by an inspector to which it would otherwise be subject.
18 (1) If an inspector considers that the construction, installation, alteration, repair, maintenance or operation of an elevating device is being carried out in an unsafe manner or in a way contrary to this Act or the regulations, or that the use or continued use of an elevating device would endanger property or the safety of any person, the inspector may direct the owner or person in charge of the elevating device to cease the construction, installation, alteration, repair, maintenance or operation.
(2) In addition, the inspector may affix a seal to the elevating device, prohibiting its use.
(3) A direction under subsection (1) may be given orally, and if given orally, the direction ceases to have effect 48 hours after it is given, unless in the meantime it is given in writing.
(4) Nothing in subsection (3) prevents the giving of a direction in writing after the expiry of the period of 48 hours.
(5) A direction given in writing under this section subsists until an inspector cancels it.
(6) Nothing in subsection (5) authorizes the removal of a seal by any person other than an inspector or the director, or the use of an elevating device while it remains sealed.
(7) A person other than an inspector or a person authorized by the director must not
(a) use or operate an elevating device that has been sealed under this section, or
(b) remove a seal affixed under this section.
19 (1) A person who is served with a written notice of a decision of an inspector, other than a decision of the director, may appeal the decision to the director within 30 days after the date the person is served.
(2) With leave of the director, any other person may appeal a decision of an inspector, other than a decision of the director, to the director within 30 days after the date the decision was made.
(3) On hearing an appeal under this section, the director must review and by order confirm, vary or reverse the inspector's decision from which the appeal is made.
(4) The director's order must be served on the person to whom it applies.
20 (1) [Repealed 1999-38-20.]
(2) A person who is served with a written notice of a decision of the director may appeal the decision to the board within 30 days after the date the person is served, or a longer period permitted by the board.
(3) With leave of the board, any other person may appeal a decision of the director to the board within 30 days after the date the decision was made, or a longer period permitted by the board.
(4) to (6) [Repealed 1999-38-20.]
21 (1) The Elevating Devices Appeal Board is continued.
(2) The board is to be composed of members appointed by the minister.
(3) The minister may designate from among the members a chair and one or more vice chairs.
(4) A member holds office for a term, of not more than 3 years, set by the minister.
(5) A member who is not a public service employee within the meaning of the Public Service Act
(a) may be paid remuneration set by the Lieutenant Governor in Council, and
(b) must be reimbursed for reasonable out of pocket, travelling and other expenses incurred in the discharge of duties.
22 (1) The chair of the board may establish one or more panels of the board.
(2) For matters referred to a panel by the chair, or coming before the panel under the rules of the board, a panel has the power and authority of the board, and 2 or more panels may proceed with separate matters at the same time.
(3) The chair of the board may refer a matter that is before the board to a panel or may refer a matter that is before a panel to the board or another panel.
(4) A panel of a board consists of the chair or a vice chair of the board and 2 or more other members of the board.
(5) The chair of the board may terminate an appointment to a panel, may fill any vacancy on a panel and may dissolve a panel.
23 (1) A quorum of the board is 1/2 of the members of the board, of whom one must be the chair or a vice chair of the board.
(2) A quorum of a panel is the chair or a vice chair of the board and 2 other members of the panel.
24 If there is no majority decision of the board or a panel, the decision of the chair, if presiding in the matter, or a vice chair presiding in the matter is the decision of the board or panel.
25 (1) In this section, "parties" means
(a) the appellant,
(b) the director, and
(c) any person granted the status of a party by the board.
(2) Unless the parties to an appeal agree otherwise, the board must hear an appeal by holding a hearing at which all parties are entitled to be heard.
(3) If the parties to an appeal agree to hear an appeal in a manner other than under subsection (2), the board may hear the appeal in the manner agreed.
26 For the purposes of this Act, the board and each of its members has the protection, privileges and powers of a commissioner under sections 12, 15 and 16 of the Inquiry Act.
27 On hearing an appeal, the board
(a) must review and by order confirm, vary or reverse the decision of the director, and
(b) may order the appellant or any other person to comply with its decision.
28 (1) The Elevating Devices Advisory Committee is continued to advise the minister about all matters relating to the safety of elevating devices.
(2) The advisory committee is to be composed of members appointed by the minister.
(3) At least 1/2 of the members must be persons who are not public service employees within the meaning of the Public Service Act.
(4) A member holds office for a term, of not more than 3 years, set by the minister.
(5) A member who is not a public service employee within the meaning of the Public Service Act must be reimbursed for reasonable out of pocket, travelling and other expenses incurred in the discharge of duties.
(6) The members must each year elect from among themselves a chair, vice chair and secretary.
29 (1) A person commits an offence if the person
(a) contravenes or fails to comply with section 3 (4), 4 (2), 7, 15, 16 (1) or 18 (7),
(b) employs as an operator of an elevating device a person not licensed as required by section 5,
(c) knowingly makes a false statement in any document required by the regulations,
(d) contravenes or fails to comply with a term or condition of a licence or certificate,
(e) contravenes or fails to comply with a direction of an inspector given under section 11 (4), 12 or 18 (1) or a prohibition under section 18 (2),
(f) obstructs, impedes or interferes with an inspector in carrying out an inspection or investigation under this Act,
(g) gives an inspector false information about any matter with which the inspector has power to deal under this Act, or
(h) contravenes or fails to comply with an order of the director under section 19 (3) or of the board under section 27.
(2) If a corporation commits an offence under this Act, an employee, officer, director or agent of the corporation who authorized, permitted or acquiesced in the offence commits the offence even if the corporation is convicted.
(3) In a prosecution for an offence under or arising out of a contravention of
(a) section 4 (2), 7, 18 (7), or
(b) any provision of a regulation, if the regulation enacts that this subsection applies to that provision,
it is sufficient proof of the offence to establish that it was committed by an employee, officer, director or agent of the defendant.
(4) Subsection (3) applies whether or not the employee, officer, director or agent is identified or has been prosecuted for the offence, but it does not apply if the defendant establishes that
(a) the offence was committed without the defendant's knowledge or consent, or
(b) the defendant exercised all due diligence to prevent its commission.
30 Section 5 of the Offence Act does not apply to this Act or to the regulations.
31 (1) A decision of an inspector or of the director is binding on a person only if written notice of the decision is served on that person by registered mail or in accordance with the regulations.
(2) Subsection (1) does not apply to a direction given under section 18 (1) or a prohibition under section 18 (2).
(3) If a notice under this Act or the regulations is sent by registered mail to any person, it is conclusively deemed to be served on that person on the 14th day after deposit of the notice in the Canada Post Office at any place in Canada.
(4) This section applies in respect of an order of the board under section 27 in the same manner as it applies in respect of a decision of an inspector or the director.
32 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:
(a) respecting the use, location, design, construction, installation, removal, alteration, repair, maintenance, service, testing, inspection and operation of elevating devices, their parts and equipment used in connection with them, and designating classes and subclasses of elevating devices;
(b) respecting the eligibility of persons to be designated as inspectors, including the qualifications to be possessed by them and the standards of competency to be maintained by them, and providing for the revocation of the designation of any inspector if there is failure to meet those standards, or if there is failure to perform duties or exercise powers in an adequate or proper manner;
(c) respecting proof by inspectors of their identity;
(d) prescribing qualifications, training, experience and other requirements for persons to be licensed as contractors, operators or mechanics, prescribing their duties and limiting the kind of work that they may perform with respect to elevating devices;
(e) providing for the issue of different classes of certificates and licences and for the imposition of different requirements on different classes;
(f) respecting the issue, duration, expiry and renewal of certificates and licences, including the terms and conditions on which they may be issued or renewed;
(g) respecting the suspension and cancellation of certificates and licences;
(h) prescribing requirements as to the form and content of drawings and specifications submitted for examination and recording under section 4;
(i) governing the conduct of persons in or about elevating devices;
(j) providing for the testing of elevating devices and related equipment and parts, prescribing the standards to be applied in testing, and designating persons and organizations who may carry out the tests;
(k) authorizing, requiring and regulating the use of seals, labels, marks and tags to be attached to elevating devices and related equipment and parts to indicate that they meet the prescribed standards;
(l) prescribing forms and the form of seals, labels, marks and tags;
(m) respecting the reporting of occurrences and accidents involving elevating devices, including occurrences and accidents referred to in section 15, and respecting the duties of persons where there have been occurrences and accidents;
(n) providing for and requiring the keeping of records, instructions and specifications on, and in conjunction with, the use, design, construction, installation, alteration, repair and maintenance of elevating devices;
(o) requiring and prescribing the form and location of notices that are to be kept in or about elevating devices;
(p) exempting any person or any class of persons, and any elevating device or part of it or any class or subclass of elevating device from the requirements of this Act or the regulations or any of their provisions;
(q) empowering the director, in prescribed circumstances, to
(i) exempt persons and equipment that the director identifies and specifies from any requirement of the regulations with respect to the construction, installation or maintenance of an elevating device identified in the exemption, and
(ii) substitute other requirements if the director has granted an exemption under subparagraph (i);
(r) prescribing apparatus, mechanisms and devices that are installed or positioned for the purpose of moving persons, materials or goods to be elevating devices for the purposes of this Act;
(s) prescribing what alterations are major alterations for the purpose of section 4;
(t) respecting the service of notices required under this Act, and respecting the procedures to be followed on appeals including the examination, recording and disclosure of evidence;
(u) prescribing fees and charges to be paid
(i) by applicants for new and renewed certificates and licences,
(ii) by persons to whom new or renewed certificates or licences are issued,
(iii) for inspections, and prescribing by whom the fees are to be paid,
(iv) for the supply by the ministry of copies of documents,
(v) for the examination and the recording under section 4 of drawings and specifications, and
(vi) for any matter in which the ministry provides a service or performs a duty under this Act.
(3) Subject to subsection (5), a regulation may adopt by reference in whole or in part, and with changes the Lieutenant Governor in Council considers necessary, any code respecting elevating devices whether the code is promulgated by any governmental authority or by any association or other body of persons.
(4) If a code respecting elevating devices is adopted under this section, publication in the Gazette of a notice of adoption identifying the code, stating where copies of the code can be obtained, the extent of its adoption and setting out the variations subject to which it is adopted, is, for the purposes of the Regulations Act, deemed sufficient publication without publishing in the Gazette the text of the code or part adopted.
(5) The power to adopt a code by reference is limited to the power to adopt provisions that the Lieutenant Governor in Council could enact under subsection (1) or (2), and an adoption must not be construed as conferring on the director or an inspector any wider powers than can be conferred under this section.
(6) A regulation may be general or particular in its application.
(7) A requirement under subsection (2) (q) (ii) is not a regulation under the Regulations Act.
33 A municipal bylaw that conflicts or is inconsistent with this Act or the regulations is without effect to the extent of the conflict or inconsistency.
Copyright (c) 2001: Queen's Printer, Victoria, British Columbia, Canada