Boilers and Pressure Vessels Act, R.S.O. 1990, c. B.9
Skip to content| repealed on June 27, 2001 |
| R.R.O. 1990, Reg. 59 | GENERAL |
Boilers and Pressure Vessels Act
R.S.O. 1990, CHAPTER B.9
Note: This Act was repealed on June 27, 2001. See: 2000, c. 16, ss. 45 (1), 47.
Amended by: 1994, c. 27, s. 70; 1996, c. 19, s. 17; 2000, c. 16, s. 45 (1).
(NOTE: By Order in Council approved March 5, 2001, the powers and duties of the Minister were transferred to the Minister of Consumer and Business Services.)
Note: Despite the repeal of this Act by the Statutes of Ontario, 2000, chapter 16, subsection 45 (1), the regulations made under this Act continue in effect until they are revoked and replaced by regulations or Minister’s orders made under the Technical Standards and Safety Act, 2000; a designation made under the Ministry of Consumer and Commercial Relations Act and a licence, certificate, approval, identification, registration or permit granted under this Act that are in effect on the day the Technical Standards and Safety Act, 2000 comes into force continue to be in effect until they expire or are earlier revoked; and every director, inspector, chief officer or chief inspector appointed under this Act or section 16 of the Ministry of Consumer and Commercial Relations Act who are in office on the day the Technical Standards and Safety Act, 2000 comes into force continue in office until the appointment expires or is earlier revoked. See: 2000, c. 16, ss. 45 (3), 47.
Definitions
1. (1) In this Act,
“boiler” means a fired vessel in which gas or vapour may be generated or a gas, vapour or liquid may be put under pressure by heating, and includes any pipe, fitting and other equipment attached thereto or used in connection therewith, except that, where the expression is used in respect of the approval and registration of its design, “boiler” means a fired vessel in which gas or vapour may be generated or a gas, vapour or liquid may be put under pressure by heating; (“chaudière”)
“certificate of approval” means a certificate issued under this Act for a boiler or pressure vessel not inspected during fabrication or for a plant not inspected during installation; (“certificat d’approbation”)
“certificate of competency” means a certificate issued under this Act to a person qualified to inspect boilers, pressure vessels and plants, and includes a renewal thereof; (“certificat de compétence”)
“certificate of inspection” means a certificate issued under this Act in respect of any inspection of a boiler, pressure vessel or plant, and includes a certificate of inspection issued by an insurer; (“certificat d’inspection”)
“design”, in reference to a boiler, pressure vessel or plant, means its plan or pattern, and includes drawings, specifications and, where required, the calculations and a model; (“plan”)
“design pressure” means the maximum pressure that a boiler, pressure vessel or plant is designed to withstand safely when operating normally; (“pression de calcul”)
“Director” means a person appointed as a Director for the purposes of this Act ; (“directeur”)
“fired vessel” means a vessel that is directly heated by,
(a) a flame or the hot gases of combustion,
(b) electricity,
(c) rays from a radioactive source, or
(d) molecular agitation arising from the process of fission; (“appareil soumis à l’action de la chaleur”)
“fitting” means a safety valve, stop valve, automatic stop-and-check valve, a blow-down valve, reducing valve, water gauge, gauge cock, pressure gauge, injector, test cock, fusible plug, regulating or controlling device, and pipe fittings, attached to or used in connection with a boiler, pressure vessel or plant; (“raccords”)
“inspector” means an inspector appointed under this Act; (“inspecteur”)
“insurer” means a person licensed under the Insurance Act to undertake boiler and machinery insurance as defined by that Act; (“assureur”)
“low pressure boiler” means,
(a) a boiler in which gas or vapour is generated and that is intended to be operated or is operated at a gas or vapour pressure of not more than 15 pounds, or
(b) a boiler in which a liquid is heated but no gas or vapour is generated and that is intended to be operated or is operated at a liquid pressure of not more than 160 pounds and in which the liquid at the outlet does not exceed 250 degrees F.; (“chaudière à basse pression”)
“major repairs” means repairs that may affect the strength of a boiler, pressure vessel or plant; (“réparations importantes”)
“maximum allowable pressure” means the maximum pressure at which a boiler, pressure vessel or plant is permitted to be operated or used under this Act; (“pression maximale autorisée”)
“Minister” means the Minister of Consumer and Commercial Relations; (“ministre”)
“owner” includes a person for the time being in possession of a boiler, pressure vessel or plant; (“propriétaire”)
“periodic inspection” means an inspection made at intervals of other than twelve months; (“inspection périodique”)
“pipe” means any pipe attached to or connected with a boiler, pressure vessel or plant; (“tuyauterie”)
“plant” means a system of piping that is used to contain a gas, vapour or liquid under pressure, and includes any boiler or pressure vessel connected thereto; (“installation”)
“pressure” means pressure in pounds per square inch measured above prevailing atmospheric pressure; (“pression”)
“pressure vessel” means an unfired vessel that may be used for containing, storing, distributing, transferring, distilling, processing or otherwise handling any gas, vapour or liquid under pressure, and includes any pipe, fitting and other equipment attached thereto or used in connection therewith, except that, where the expression is used in respect of the approval and registration of its design, “pressure vessel” means an unfired vessel that may be used for containing, storing, distributing, transferring, distilling, processing or otherwise handling any gas, vapour or liquid under pressure; (“appareil sous pression”)
“professional engineer” means a person licensed as a professional engineer under the Professional Engineers Act; (“ingénieur”)
“regulations” means the regulations made under this Act; (“règlements”)
“seal” means to take any measures satisfactory to the Director that will effectively prevent the operation or use of a boiler, pressure vessel or plant; (“apposer les scellés”)
“used boiler, pressure vessel or plant” means a boiler, pressure vessel or plant that has been sold or exchanged and that has been moved from its previous site of installation for use elsewhere; (“chaudière, appareil sous pression ou installation usagés”)
“welding” means welding in the fabrication or repair of a boiler, pressure vessel or plant; (“soudage”)
“welding operator” means a person engaged in welding, either on his or her own account or in the employ of another person, on the fabrication or repair of boilers, pressure vessels or plants or parts thereof. (“soudeur”) R.S.O. 1990, c. B.9, s. 1; 1994, c. 27, s. 70.
Application of R.S.O. 1990, c. M.21
(2) Sections 15 to 19 of the Ministry of Consumer and Commercial Relations Act, to the extent that they apply to this Act, are enforceable in the same manner and to the same extent as if they had been enacted as provisions in this Act. 1994, c. 27, s. 70 (3).
Exemptions from Act
2. (1) This Act does not apply to,
(a) a boiler used in connection with a hot liquid heating system that has no valves or other obstructions to free circulation between the boiler and an expansion tank that is vented freely to the atmosphere;
(b) a low pressure boiler having a heating surface of 30 square feet or less;
(c) a boiler, pressure vessel or plant used exclusively for agricultural purposes;
(d) a pressure vessel having a capacity of 1 ½ cubic feet or less;
(e) a pressure vessel for permanent use at a pressure of 15 pounds or less;
(f) a pressure vessel having an internal diameter of 6 inches or less;
(g) a pressure vessel having an internal diameter of 24 inches or less used for the storage of hot water for domestic use;
(h) a pressure vessel used exclusively for hydraulic purposes at atmospheric temperature;
(i) a pressure vessel having an internal diameter of 24 inches or less connected in a water-pumping system containing air that is compressed to serve as a cushion;
(j) a refrigeration plant having a capacity of three tons or less of refrigeration in twenty-four hours. R.S.O. 1990, c. B.9, s. 2 (1).
Additional exemptions
(2) The Lieutenant Governor in Council may exempt any class of boiler, pressure vessel or plant from this Act or the regulations or any provision thereof. R.S.O. 1990, c. B.9, s. 2 (2).
3. (1) Repealed: 1994, c. 27, s. 70 (4).
Inspectors not to have interest in sale, etc., of boilers, etc.
(2) No person shall be appointed or act as an inspector who has any direct or indirect financial interest in boilers, pressure vessels or plants. R.S.O. 1990, c. B.9, s. 3 (2).
Certificate of competency
4. (1) No person shall carry out an inspection of a boiler, pressure vessel or plant for the purposes of this Act who does not hold a certificate of competency. R.S.O. 1990, c. B.9, s. 4 (1).
Examinations
(2) Subject to the regulations, every applicant for a certificate of competency shall pass such examinations and tests as the Minister may require. R.S.O. 1990, c. B.9, s. 4 (2).
Suspension and cancellation
(3) The Minister may suspend, cancel or refuse to renew any certificate of competency for such reasons as are prescribed by the regulations. R.S.O. 1990, c. B.9, s. 4 (3).
Right to enter buildings and premises
5. An inspector in the course of his or her duties may enter any building or premises where the inspector has reason to believe that a boiler, pressure vessel or plant is being installed, operated or used. R.S.O. 1990, c. B.9, s. 5.
Obstructing officer, false information, etc.
6. (1) No person shall hinder or obstruct an inspector in the performance of his or her duties under this Act or neglect or refuse to furnish information to an inspector in the performance of his or her duties or furnish an inspector with false or misleading information. R.S.O. 1990, c. B.9, s. 6 (1).
Entry, inspection, etc.
(2) Every person shall furnish all necessary means in his or her power to facilitate any entry, inspection, examination or inquiry by an inspector in the exercise of his or her powers and the carrying out of his or her duties under this Act. R.S.O. 1990, c. B.9, s. 6 (2).
Power to require attendance and examine under oath
7. The Director may by notice in writing require the attendance before him or her of any person at the time and place named in the notice and examine such person under oath regarding any matter pertaining to a boiler, pressure vessel or plant or in respect of an accident arising out of its operation or use. R.S.O. 1990, c. B.9, s. 7; 1994, c. 27, s. 70 (6).
Powers and duties of inspectors on inspection
8. On every annual or periodic inspection of a boiler, pressure vessel or plant, the inspector,
(a) shall satisfy himself or herself that the boiler, pressure vessel or plant is being operated or used and maintained in accordance with this Act and the regulations and that the safety valves have seals and are properly set; and
(b) shall review the maximum allowable pressure of the boiler, pressure vessel or plant and make any reduction in it for safe operation or use having regard to its design, fabrication, age, condition and use. R.S.O. 1990, c. B.9, s. 8.
Power to require owner, etc., to do things necessary for proper inspection
9. An inspector may require the owner or other person responsible for or in charge of a boiler, pressure vessel or plant,
(a) to prepare it for inspection or test in such manner as the inspector requires and to supply water for and to assist in making any test;
(b) to cut or drill holes in it or to use any other method to enable the inspector to determine its condition and the thickness of the metal;
(c) to put it under pressure or otherwise put it into operation so that the inspector may test the safety valves or any part of the installation under operating conditions;
(d) to stop the application of heat to a boiler or to reduce the pressure upon a boiler, pressure vessel or plant to a designated pressure if the inspector has reason to believe that it is in an unsafe condition; and
(e) to do any other thing the inspector considers necessary to ensure a proper inspection. R.S.O. 1990, c. B.9, s. 9.
Safety measures during inspection, repair, etc.
10. Where during an inspection or the repair or maintenance of a boiler, pressure vessel or plant there is any possibility of any gas, vapour or liquid causing injury to the person inspecting, repairing or maintaining it, the owner or other person responsible for or in charge thereof shall,
(a) have a competent person stationed so as to prevent any gas, vapour or liquid from entering the boiler, pressure vessel or plant or any part thereof; and
(b) take such other measures as will ensure the safety of the person inspecting, repairing or maintaining the boiler, pressure vessel or plant. R.S.O. 1990, c. B.9, s. 10.
Directions by inspector re installation, operation, etc.
11. (1) An inspector may give directions orally or in writing to the owner or other person responsible for or in immediate charge of a boiler, pressure vessel or plant on any matter pertaining to safety with regard to its installation, operation, care, maintenance or repair and require that his or her directions be carried out within such time as the inspector specifies. R.S.O. 1990, c. B.9, s. 11 (1).
Refusal of owner, etc., to obey directions of inspector
(2) If the owner or other person responsible for or in immediate charge of a boiler, pressure vessel or plant fails to comply with any direction given by an inspector, the inspector shall order that the boiler, pressure vessel or plant be shut down or sealed and he or she shall forthwith report the circumstances to the Director who may cancel the certificate of inspection or the certificate of approval. R.S.O. 1990, c. B.9, s. 11 (2); 1994, c. 27, s. 70 (6).
Where boiler, etc., unsafe
12. Where in the opinion of an inspector a boiler, pressure vessel or plant is in an unsafe operating condition or is being operated in a dangerous manner, the inspector shall seal the boiler, pressure vessel or plant and take such steps as are necessary to remove the danger, and the Director may cancel the certificate of inspection or the certificate of approval. R.S.O. 1990, c. B.9, s. 12; 1994, c. 27, s. 70 (6).
Prohibition re operation of sealed boiler, etc.
13. No person shall operate or use a boiler, pressure vessel or plant that has been shut down or sealed under section 11 or 12, or cause or permit it to be operated or used, or destroy, remove or tamper with the seal of an inspector until permission has been obtained from an inspector. R.S.O. 1990, c. B.9, s. 13.
Design of boilers, etc.
14. (1) Where a boiler, pressure vessel, fitting or pipe is to be fabricated for use in Ontario, the designer shall submit its design and specifications to the Director for approval and registration by him or her before commencing its fabrication. R.S.O. 1990, c. B.9, s. 14 (1); 1994, c. 27, s. 70 (6).
Drawings by professional engineer
(2) Where approval and registration is sought for the design of a boiler or pressure vessel to be fabricated for use in Ontario, the designer shall submit, with the design and specifications, drawings of the design that bear the signature and seal of a professional engineer. R.S.O. 1990, c. B.9, s. 14 (2).
Where design not available
(3) Where an unused boiler or pressure vessel has been fabricated and its design and specifications have not been approved and registered, the Director may cause it to be inspected, and, if he or she is satisfied that it may be operated or used safely, may issue a certificate of inspection for it as a used boiler or pressure vessel. R.S.O. 1990, c. B.9, s. 14 (3); 1994, c. 27, s. 70 (6).
Design of plant
(4) Where a plant is to be installed, its design and specifications shall be submitted to the Director for approval and registration before its installation is commenced. R.S.O. 1990, c. B.9, s. 14 (4); 1994, c. 27, s. 70 (6).
Inspection during fabrication, etc.
15. (1) The Director may require the inspection,
(a) of a boiler or pressure vessel at any stage of its fabrication; or
(b) of a boiler, pressure vessel or plant at any stage of its installation. R.S.O. 1990, c. B.9, s. 15 (1); 1994, c. 27, s. 70 (6).
Issue of certificate of inspection
(2) Where a boiler or pressure vessel has been inspected during fabrication or a plant has been inspected during installation, the inspector shall report thereon to the Director who, if satisfied that it may be operated or used safely, may issue a certificate of inspection for it. R.S.O. 1990, c. B.9, s. 15 (2); 1994, c. 27, s. 70 (6).
Certificate of approval
16. Where the Director has not required the inspection of a boiler or pressure vessel during its fabrication or of a plant during its installation, the Director may, if satisfied that it may be operated or used safely, issue a certificate of approval therefor. R.S.O. 1990, c. B.9, s. 16; 1994, c. 27, s. 70 (6).
Boiler, etc., defective after fabrication
17. Despite the approval and registration of its design, if a boiler, pressure vessel or plant is found to be defective after its fabrication or installation, as the case may be, the Director may permit it to be operated or used within such limits of safety as he or she considers proper, and shall require the fabricator or installer to revise its design and specifications in order to correct its defects within such period as he or she may allow, and, failing such revision or if the defects cannot in the Director’s opinion be remedied, he or she shall cancel the approval and registration of the design, and no additional boiler, pressure vessel or plant shall be fabricated or installed therefrom. R.S.O. 1990, c. B.9, s. 17; 1994, c. 27, s. 70 (6).
Boiler, etc., not fabricated in conformity with approved design
18. Where a boiler, pressure vessel or plant has not been fabricated or installed, as the case may be, in conformity with its approved design but nevertheless may be used safely at a lower pressure than its design pressure, the person making the inspection shall fix its maximum allowable pressure having regard to its design, condition, installation and the purpose for which it is to be operated or used. R.S.O. 1990, c. B.9, s. 18.
Prohibition re operation of boilers, etc., at unsafe pressures
19. (1) No person shall operate or use, or permit to be operated or used, any boiler, pressure vessel or plant at a working pressure higher than its design pressure. R.S.O. 1990, c. B.9, s. 19 (1).
Idem
(2) No person shall operate or use, or permit to be operated or used, a boiler, pressure vessel or plant at a pressure higher than its maximum allowable pressure as shown in the certificate of approval or the subsisting certificate of inspection. R.S.O. 1990, c. B.9, s. 19 (2).
Safety valves
20. (1) Subject to subsection (2), every boiler, pressure vessel or plant shall have at least one safety valve of adequate capacity set to relieve at or below its maximum allowable pressure. R.S.O. 1990, c. B.9, s. 20 (1).
Idem
(2) Where more than one boiler or pressure vessel are connected in a plant for use at a common operating pressure, they shall be protected by one or more safety valves of adequate capacity set to relieve at or below the common maximum allowable pressure that shall not exceed the maximum allowable pressure of the weakest boiler or pressure vessel in the plant. R.S.O. 1990, c. B.9, s. 20 (2).
Tampering with fittings
21. While a boiler, pressure vessel or plant is in operation or use, no person shall, without the permission of an inspector, alter, interfere with or render inoperative any fitting that is attached for safety purposes to the boiler, pressure vessel or plant. R.S.O. 1990, c. B.9, s. 21.
Annual or periodic inspection
22. Subject to subsection 28(2), every owner of a boiler or pressure vessel that is in operation or use shall have it inspected at least once in every twelve months, or at such periodic intervals as are prescribed in the regulations, by an inspector or, on the instructions of the Director, by a person having a subsisting certificate of competency. R.S.O. 1990, c. B.9, s. 22; 1994, c. 27, s. 70 (6).
Issue of certificate of inspection
23. (1) Following any inspection, the inspector shall make a report to the Director on the condition and operation or use of the boiler, pressure vessel or plant, and, if the inspector is satisfied that it may continue to be operated or used safely, the Director may issue a certificate of inspection. R.S.O. 1990, c. B.9, s. 23 (1); 1994, c. 27, s. 70 (6).
Fee and expenses
(2) The fee for a certificate of inspection and the expenses of the inspector shall be paid to the inspector at the time of inspection, unless the Director has notified the inspector that the fee and expenses are being remitted direct to the Director. R.S.O. 1990, c. B.9, s. 23 (2); 1994, c. 27, s. 70 (6).
Idem
(3) The Director shall not issue a certificate of approval or a certificate of inspection for a boiler, pressure vessel or plant until the provisions of this Act applicable thereto have been complied with and the prescribed fees and expenses have been paid. R.S.O. 1990, c. B.9, s. 23 (3); 1994, c. 27, s. 70 (6).
Certificate authorizes operation
24. (1) A certificate of inspection or a certificate of approval is proof, in the absence of evidence to the contrary, of the inspection of the boiler, pressure vessel or plant, and the certificate, subject to this Act, authorizes the operation or use of the boiler, pressure vessel or plant in accordance with the terms of the certificate. R.S.O. 1990, c. B.9, s. 24 (1).
Expiration of certificate
(2) Every certificate of inspection or certificate of approval remains in force for twelve months from the date of inspection unless it is sooner cancelled or unless a shorter or longer period is specified therein. R.S.O. 1990, c. B.9, s. 24 (2).
Maximum pressure to be specified in certificate
(3) The maximum allowable pressure at which a boiler, pressure vessel or plant may be operated or used and the safety valve set to relieve shall be specified in the certificate of inspection or certificate of approval. R.S.O. 1990, c. B.9, s. 24 (3).
Certificate to be posted
(4) Every certificate of inspection or certificate of approval shall be kept in good condition by the owner of the boiler, pressure vessel or plant for which it was issued, and the owner shall post it in a conspicuous place near such boiler, pressure vessel or plant or, if that is impracticable, at such place as an inspector may direct. R.S.O. 1990, c. B.9, s. 24 (4).
Prohibition re operation without certificate of inspection
25. No person shall operate or use or permit to be operated or used a boiler, pressure vessel or plant unless a certificate of inspection or a certificate of approval for it is in force. R.S.O. 1990, c. B.9, s. 25.
Further inspection at any time
26. (1) Although a certificate of inspection or a certificate of approval is in force, the Director may order a further inspection of a boiler, pressure vessel or plant at any time, or an inspector may make a further inspection at any time, and the owner shall pay the fee and expenses prescribed therefor. R.S.O. 1990, c. B.9, s. 26 (1); 1994, c. 27, s. 70 (6).
Issue of new certificate
(2) Where an additional inspection is made under subsection (1), the inspector shall report thereon to the Director who, if satisfied that the boiler, pressure vessel or plant may be operated or used safely, may issue a certificate of inspection for it. R.S.O. 1990, c. B.9, s. 26 (2); 1994, c. 27, s. 70 (6).
Duties of owner
27. Every owner of a boiler, pressure vessel or plant shall ensure that the boiler, pressure vessel or plant is maintained in a safe working condition and operated safely. R.S.O. 1990, c. B.9, s. 27.
Insured boilers, etc.
28. (1) Where a boiler or pressure vessel has been insured, every annual or periodic inspection shall be carried out by or through the insurer, and the insurer, if satisfied that the boiler or pressure vessel may be operated or used safely, shall issue a certificate of inspection therefor. R.S.O. 1990, c. B.9, s. 28 (1).
Exemption from inspection by inspector
(2) Where a boiler or pressure vessel is insured, it is exempt from annual or periodic inspection by inspectors appointed under this Act so long as the insurance is in force, unless the Director requires the boiler or pressure vessel to be inspected by an inspector, in which case the fees and expenses referred to in section 23 shall be paid by the owner. R.S.O. 1990, c. B.9, s. 28 (2); 1994, c. 27, s. 70 (6).
Inspection report of insured
(3) Every insurer shall file with the Director, within twenty-one days after an inspection has been made, a copy of the report of the inspection over the signature of the person making the inspection. R.S.O. 1990, c. B.9, s. 28 (3); 1994, c. 27, s. 70 (6).
Cancellation or rejection of insurance
(4) Every insurer shall forthwith notify the Director in writing of the cancellation or rejection of insurance on a boiler or pressure vessel, together with the reasons therefor. R.S.O. 1990, c. B.9, s. 28 (4); 1994, c. 27, s. 70 (6).
Cancellation of certificate of inspection issued by insurer
(5) Where an insurer has cancelled insurance on a boiler or pressure vessel because the insurer considers it unsafe for operation or use, the insurer shall cancel its certificate of inspection, take possession of the certificate and forthwith notify the Director in person or by telegram or telephone of the circumstances of the cancellation. R.S.O. 1990, c. B.9, s. 28 (5); 1994, c. 27, s. 70 (6).
Employment of insurer, etc., to make inspection
29. (1) The Minister may permit the Director to employ the services of an insurer or of any person qualified to engage in the business of inspection of boilers and pressure vessels in Ontario to make any inspection required under this Act and to report thereon within fourteen days after the completion of the inspection. R.S.O. 1990, c. B.9, s. 29 (1); 1994, c. 27, s. 70 (6).
Inspection of boilers, etc., fabricated in other provinces
(2) Where a boiler or pressure vessel is to be fabricated outside Ontario in any province of Canada for use in Ontario, the Director may arrange with the person in charge of the inspection of boilers and pressure vessels for the province in which it is to be fabricated to carry out inspections during its fabrication and may accept the inspection reports submitted to him or her by such person for the purposes of this Act. R.S.O. 1990, c. B.9, s. 29 (2); 1994, c. 27, s. 70 (6).
Inspection of boilers, etc., fabricated in U.S.A.
(3) Where a boiler or pressure vessel is to be fabricated in the United States of America for use in Ontario, the Director may arrange for the inspection of it during fabrication by an inspector holding a commission issued by the National Board of Boiler and Pressure Vessel Inspectors and may accept the inspection reports of such inspector for the purposes of this Act. R.S.O. 1990, c. B.9, s. 29 (3); 1994, c. 27, s. 70 (6).
Inspection of boilers, etc., fabricated elsewhere
(4) Where a boiler or pressure vessel is to be fabricated outside Canada and the United States of America for use in Ontario, the Director may arrange for the inspection of it during fabrication through any agency engaged in boiler or pressure vessel inspection and may accept the inspection reports of the agency for the purposes of this Act. R.S.O. 1990, c. B.9, s. 29 (4); 1994, c. 27, s. 70 (6).
Certificate of inspection
(5) Where a boiler or pressure vessel is inspected under subsection (1), (2), (3) or (4), a certificate of inspection therefor may be issued by the Director. R.S.O. 1990, c. B.9, s. 29 (5); 1994, c. 27, s. 70 (6).
Used boilers, etc.
30. Every used boiler, pressure vessel or plant shall be inspected and tested by an inspector before it is put into operation or use, and he or she shall report thereon to the Director, and, if the Director is satisfied that it may be operated or used safely, he or she may issue a certificate of inspection. R.S.O. 1990, c. B.9, s. 30; 1994, c. 27, s. 70 (6).
Boilers, etc., previously used outside Ontario
31. (1) No person shall install or permit to be installed a boiler, pressure vessel or plant previously used outside Ontario unless the consent of the Director has been obtained for such installation. R.S.O. 1990, c. B.9, s. 31 (1); 1994, c. 27, s. 70 (6).
Idem, operation or use
(2) No person shall operate or use, or permit to be operated or used, a boiler, pressure vessel or plant previously used outside Ontario unless the Director has issued a certificate of inspection therefor. R.S.O. 1990, c. B.9, s. 31 (2); 1994, c. 27, s. 70 (6).
Repairs to boilers, etc., found unsafe
32. (1) Subject to subsections (2) and (3), where a boiler, pressure vessel or plant is found to be in an unsafe condition, no person shall make any major repairs thereto until the person has notified an inspector of the nature and extent of such repairs and an inspector has concurred therewith, and the boiler, pressure vessel or plant shall not be put into operation or use until a further inspection by an inspector has been made and the Director has issued a new certificate of inspection therefor. R.S.O. 1990, c. B.9, s. 32 (1); 1994, c. 27, s. 70 (6).
Idem
(2) Where a boiler, pressure vessel or plant referred to in subsection (1) is insured, the concurrence and inspection required under subsection (1) may be made by or through the insurer and the insurer may issue a new certificate of inspection therefor. R.S.O. 1990, c. B.9, s. 32 (2).
Exemption by Director
(3) The Director may exempt in writing the owner of a plant that is normally operated twenty-four hours a day for seven days a week from the requirements of subsection (1) where he or she is satisfied that the repairs will be carried out in a safe and proper manner and subject to such terms and conditions as are prescribed in the regulations or required by the Director. R.S.O. 1990, c. B.9, s. 32 (3); 1994, c. 27, s. 70 (6).
Defects in boilers, etc., to be pointed out to inspector
33. When a boiler, pressure vessel or plant is being inspected, the owner or other person responsible for it or in immediate charge of it shall point out to the inspector any defect of which he or she has knowledge or that he or she believes to exist in it, and, if at any other time the owner or other person learns of any defect that might render it unsafe to operate or use, he or she shall forthwith notify the Director in person or by telegram or telephone of the circumstances. R.S.O. 1990, c. B.9, s. 33; 1994, c. 27, s. 70 (6).
Condemned boilers, etc.
34. (1) Where an inspector has inspected a boiler, pressure vessel or plant and has satisfied himself or herself that it can no longer be operated or used safely, he or she shall condemn it and notify the Director that he or she has condemned it and shall seal it with a seal or label indicating that it is condemned and shall take possession of its certificate of inspection. R.S.O. 1990, c. B.9, s. 34 (1); 1994, c. 27, s. 70 (6).
Prohibition re operation of condemned boilers, etc.
(2) No person shall operate or use, or permit to be operated or used, a boiler, pressure vessel or plant that has been condemned unless the person has had it repaired as required by the Director and a further inspection has been made by an inspector and the Director has issued a new certificate of inspection therefor. R.S.O. 1990, c. B.9, s. 34 (2); 1994, c. 27, s. 70 (6).
Prohibition as to removal for use
(3) No boiler, pressure vessel or plant that has been condemned shall be moved to another location for operation or use without the consent of the Director. R.S.O. 1990, c. B.9, s. 34 (3); 1994, c. 27, s. 70 (6).
Notice of removal from operation
35. The owner of a boiler, pressure vessel or plant, upon permanently removing it from operation or use, shall forthwith notify, in the prescribed form, the Director of such removal. R.S.O. 1990, c. B.9, s. 35; 1994, c. 27, s. 70 (6).
Approval of procedures in welding
36. (1) The procedures to be followed in welding shall be approved by the Director. R.S.O. 1990, c. B.9, s. 36 (1); 1994, c. 27, s. 70 (6).
Qualification tests
(2) Every welding operator shall pass such qualification tests as the Director may require. R.S.O. 1990, c. B.9, s. 36 (2); 1994, c. 27, s. 70 (6).
Welding to be done under approved procedure
(3) No welding operator shall weld except under an approved procedure. R.S.O. 1990, c. B.9, s. 36 (3).
Identification card
(4) The Director shall issue an identification card to every welding operator who passes a qualification test. R.S.O. 1990, c. B.9, s. 36 (4); 1994, c. 27, s. 70 (6).
Idem
(5) Every identification card shall indicate the employer for whom the welding operator is qualified to weld or that he or she is self-employed or that he or she desires to be employed and the class or position of welding that he or she is qualified to do. R.S.O. 1990, c. B.9, s. 36 (5).
Further tests
(6) A welding operator may be required at any time to pass such further qualification tests as the Director may require, at which time his or her identification card shall be cancelled and, on passing such further tests, a new identification card shall be issued to him or her. R.S.O. 1990, c. B.9, s. 36 (6); 1994, c. 27, s. 70 (6).
Fees
(7) Such fees as are prescribed by the regulations for the test of a welding operator shall be paid at the time the test is given by the employer of the welding operator or, if he or she is self-employed or desires to be employed, by himself or herself. R.S.O. 1990, c. B.9, s. 36 (7).
Identification card to be carried
(8) Every welding operator shall carry the operator’s identification card upon his or her person when welding and shall produce it when requested by an inspector. R.S.O. 1990, c. B.9, s. 36 (8).
Welding for new employer
(9) When a welding operator changes employer or is first employed by an employer, he or she shall not commence to weld for the new employer or his or her employer, as the case may be, until he or she has passed a further qualification test and has been issued a new identification card. R.S.O. 1990, c. B.9, s. 36 (9).
Prohibition of unqualified person to weld
(10) No welding operator shall do welding,
(a) unless he or she is the holder of a subsisting identification card;
(b) in the employ of any person other than the employer named on his or her identification card; or
(c) of a class or position of welding for which he or she is not qualified. R.S.O. 1990, c. B.9, s. 36 (10).
Employer not to permit welding by unqualified person
(11) No employer shall permit a welding operator,
(a) to weld unless the employer is the employer named in the welding operator’s identification card; or
(b) to do a class of welding or to weld in a position for which the welding operator is not qualified. R.S.O. 1990, c. B.9, s. 36 (11).
Definition
(12) In this section,
“employer” includes a trade association of persons or companies whose business includes welding. R.S.O. 1990, c. B.9, s. 36 (12).
Notification of accidents
37. (1) Where an explosion or rupture of a boiler, pressure vessel or plant occurs, or where an accident arises out of its operation or use that causes injury or death to a person, or property damage, the owner or person in charge shall forthwith notify the Director in person or by telegram or telephone giving him or her full details of the accident and shall within forty-eight hours after the explosion or rupture occurs send the Director a written report of the circumstances of the occurrence. R.S.O. 1990, c. B.9, s. 37 (1); 1994, c. 27, s. 70 (6).
Investigation of accident
(2) The Director or any inspector under his or her instruction shall investigate any explosion, rupture or accident so reported, or of which he or she becomes aware, to determine its cause. R.S.O. 1990, c. B.9, s. 37 (2); 1994, c. 27, s. 70 (6).
After explosion or rupture, parts not to be removed, etc.
38. Where an explosion or rupture of a boiler, pressure vessel or plant occurs, no person shall, except for the purpose of saving life or relieving human suffering, interfere with, disturb, destroy, carry away or alter any wreckage, article or thing at the scene of or connected with the occurrence until permission so to do is given by an inspector. R.S.O. 1990, c. B.9, s. 38.
Appeal from action of inspector
39. (1) Any person who is dissatisfied with an inspection or action taken by an inspector may within thirty days thereof appeal to the Minister, who may thereupon cause another inspection to be made by one or more inspectors who shall report to the Minister, and the decision of the Minister is final. R.S.O. 1990, c. B.9, s. 39 (1).
Expenses of appeal
(2) Any expenses occasioned by the appeal and second inspection as determined by the Minister shall be paid by the appellant. R.S.O. 1990, c. B.9, s. 39 (2).
Publications to be referred to by inspectors
40. Subject to this Act and the regulations, the publications of the Canadian Standards Association, of the American Standards Association and of the American Society of Mechanical Engineers, as amended from time to time, shall be deemed to contain the rules that shall be referred to by the Director and the inspectors in carrying out their duties under this Act in reference to the approval of designs, the fabrication, installation, inspection, testing, operation, and use of boilers, pressure vessels and plants. R.S.O. 1990, c. B.9, s. 40; 1994, c. 27, s. 70 (6).
Offences
41. (1) Every person who contravenes any of the provisions of this Act or the regulations, or any direction or order given to the person by an inspector, is guilty of an offence and on conviction is liable to a fine of not more than $25,000 or to imprisonment for a term of not more than one year, or to both, or, if the person is a body corporate, to a fine of not more than $100,000. R.S.O. 1990, c. B.9, s. 41.
Time limit
(2) No proceeding in respect of an alleged offence under this Act may be commenced after two years following the date on which the facts that gave rise to the alleged offence were discovered. 1996, c. 19, s. 17.
Regulations
42. The Lieutenant Governor in Council may make regulations,
(a) prescribing the qualifications of persons who may be issued certificates of competency;
(b) providing for the issue and renewal of certificates of competency and for the expiration, suspension and cancellation thereof;
(c) providing for periodic inspections of any class of boilers or pressure vessels;
(d) requiring the payment of fees for any official function under this Act and prescribing the amounts thereof;
(e) providing for the payment by the fabricator or owner of a boiler or pressure vessel or the installer or owner of a plant of any or all of the expenses incurred by an inspector in making an inspection of it;
(f) governing the design, fabrication, installation, operation, use, repair, maintenance and inspection of boilers, pressure vessels and plants or any class thereof;
(g) prescribing the manner in which the design of a boiler, pressure vessel, plant, fitting or pipe shall be registered and numbered, and the manner in which it shall be marked or identified;
(h) prescribing the drawings and specifications that shall accompany an application for approval and registration of the design of a boiler, pressure vessel, plant, fitting or pipe and the information to be included therein;
(i) prescribing the terms and conditions upon which an approved and registered design may be revised;
(j) prescribing the manner by which the capacity of a boiler, pressure vessel or plant may be determined;
(k) requiring the fabricator or the agent or officer in charge of fabrication to make a report in respect of the fabrication of a boiler or pressure vessel, and prescribing the information that shall be contained in the report and the manner in which it shall be verified;
(l) requiring the installer or the agent or officer in charge of the installation of a plant to make a report in respect of the installation of the plant, and prescribing the information that shall be contained in the report and the manner in which it shall be verified;
(m) prescribing the plans, drawings and information to be given in respect of the repair of a boiler, pressure vessel or plant;
(n) prescribing the conditions under which a boiler, pressure vessel or plant may be mounted on a vehicle;
(o) requiring every inspector and insurer to stamp or otherwise permanently identify, by a departmental number designated by the Director, every boiler, pressure vessel or plant inspected by him or her that does not then have such a departmental number, and establishing such a system of identification and providing for and fixing the amount of the remuneration that shall be paid to insurers for so doing;
(p) providing for the assigning of identifying symbols to welding operators, and requiring and providing for the imprinting of the symbol by the welding operator on welds made by him or her;
(q) classifying refrigerants and governing the conditions under which they may be used;
(r) Repealed: 1994, c. 27, s. 70 (5).
(s) respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Act;
(t) prescribing terms to which exemptions made under section 32 of this Act are subject. R.S.O. 1990, c. B.9, s. 42; 1994, c. 27, s. 70 (5, 6).
______________