Boilers Delegated Administration Regulation (Alta. Reg. 32/2002)

Alta. Reg. 32/2002

Alberta — Regulations

© Published by Alberta King’s Printer Alberta King’s Printer Suite 700, Park Plaza 10611 - 98 Avenue Edmonton, AB T5K 2P7 Phone: 780-427-4952 E-mail: kings-printer@gov.ab.ca Shop on-line at kings-printer.alberta.ca Province of Alberta Office Consolidation Alberta Regulation 32/2002 With amendments up to and including Alberta Regulation 142/2025 Current as of June 11, 2025 GOVERNMENT ORGANIZATION ACT BOILERS DELEGATED ADMINISTRATION REGULATION

Copyright and Permission Statement The Government of Alberta, through the Alberta King’s Printer, holds copyright for all Alberta legislation. Alberta King’s Printer permits any person to reproduce Alberta’s statutes and regulations without seeking permission and without charge, provided due diligence is exercised to ensure the accuracy of the materials produced, and copyright is acknowledged in the following format: © Alberta King’s Printer, 20__.* *The year of first publication of the legal materials is to be completed.

Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law.

(Consolidated up to 142/2025) ALBERTA REGULATION 32/2002 Government Organization Act BOILERS DELEGATED ADMINISTRATION REGULATION Table of Contents 1

Definitions 2 Delegation 3 Authorization to assess an d collect fees and charges 4 Use of money collected 5 Limitation of liability 6 Appeals 7 Records 8 Advice to the Minister 9 Repeal 1 0 E x p i r y 1 1 Coming into force

Definitions 1 In this Regulation, (a) “Access to Information Co ordinator” means an employee of the Government designated by the Deputy Minister as responsible for responding to requests under the Access to Information Act; (a.1) “Act” means the Government Organization Act; (b) “Administration Agreement” means the written agreement made between the Minister and the Association, entitled the “Administration Agreement” (as amended, if applicable); (c) “Administrator” means an Adm inistrator as defined in the Safety Codes Act; (d) “Association” means the Alberta Boilers Safety Association incorporated under the Societies Act; (

e) repealed AR 142/2025 s11;

Section 2 AR 32/2002 BOILERS DELEGATED ADMINISTRATION REGULATION 2 (f) “Minister” means the Minister designated with the responsibility for the administration of the Safety Codes Act and “Deputy Minister” means the Deputy of that Minister; (g) “pressure equipment” means pressure equipment within the meaning of the Safety Codes Act; (h) “safety codes officer” means a safety codes officer as defined in the Safety Codes Act. AR 32/2002 s1;142/2025 Delegation 2(1) The powers, duties and functions of a safety codes officer are delegated to the Association with respect to the following: (

a) t h e Pressure Welders Regulation (AR 169/2002); (

b) t h e Pressure Equipment Safety Regulation (AR 49/2006); (

c) t h e Power Engineers Regulation (AR 85/2003); (

d) repealed AR 4/2007 s2; (

e) sections 34, 35, 38, 40, 44, 46, 48, 49 and 56(1) of the Safety Codes Act in respect of pressure equipment. (

f) repealed AR 4/2007 s2.

(2) The delegation of powers, duties and functions under this

section is subject to the following conditions: (

a) the Association must comply with this Regulation; (

b) the Association may only exercise the powers, and must perform the duties and functions, delegated to it by this Regulation in accordance with the Administration Agreement; (

c) all computer software and software systems used or developed by the Association, the information on them and anything generated or capable of generation by them for carrying out the Association’s powers, duties and functions under this Regulation or the Administration Agreement is owned by the Government; (

d) all money received by the As sociation under the authority of this Regulation must be recorded and accounted for in accordance with generally accepted accounting principles,

Section 3 AR 32/2002 BOILERS DELEGATED ADMINISTRATION REGULATION 3 and receipts for the money received must be provided on the request of the person paying the money. AR 32/2002 s2;4/2007;47/2017 Authorization to assess and collect fees and charges 3 The Association is authorized (

a) to impose assessments, fees and charges with the approval of the Minister, and (

b) to collect money from the levy of the assessments, fees and charges, with respect to the powers, duties and functions delegated to it by this Regulation, on persons who apply for or are provided with services, materials or programs, including but not limited to providing information, issuing a permit, certificate or other thing or on notifying, filing with or registering anything with the Association. Use of money collected 4 The Association is authorized to use the money collected by it under this Regulation to pay costs incurred in carrying out its powers, duties and functions under this Regulation.

Limitation of liability 5(1) No action lies against the Association or against its directors, officers, agents or employees or any of them individually for anything done or not done in good faith in the carrying out of powers, duties or functions under this Regulation.

(2) The Association and its directors, officers, employees and agents and any of them individually are not liable for any damage caused by a decision or the failure to make a decision related to the system of inspections, examinations, evaluations and investigations, including but not limited to a decision relating to their frequency and how they are carried out. Appeals 6(1) Pursuant to

section 2(1)(

e) of

Schedule 10 to the Act, a person affected by a decision made or the failure to make a decision, or any other action taken or the failure to take an action, by the Association or any of its agents, directors, officers or employees respecting a matter related to this Regulation or the Administration Agreement may appeal the decision, other action or the failure to make the decision or take the action, in writing, to the

Section 7 AR 32/2002 BOILERS DELEGATED ADMINISTRATION REGULATION 4 Minister if the matter is not governed by

section 50 of the Safety Codes Act.

(2) The Minister may decide whether to hear an appeal under subsection (1).

(3) On hearing an appeal the Minister may confirm, vary or revoke the action or decision that is the subject-matter of the appeal.

(4) A decision made by the Minister with respect to an appeal under this

section is final. Records 7(1) All records in the custody or under the control of the Association that are required in the carrying out of its powers, duties and functions under this Regulation must be managed, maintained and destroyed in accordance with subsection (2) and the Records Management Regulation (AR 224/2001).

(2) The following conditions apply to the records described in subsection (1): (

a) the records must be managed under the direction of a senior records officer to whom a deputy head, within the meaning of the Records Management Regulation (AR 224/2001), has assigned powers and duties under that Regulation; (

b) the Association must designate a person to be responsible for records management, a person to be responsible for Access to Information Act matters and a person to be responsible for Protection of Privacy Act matters; (

c) all records created or maint ained in the carrying out of powers, duties and functions under this Regulation become and remain the property of the Crown in right of Alberta and must be managed in accordance with the Access to Information Act and the Protection of Privacy Act; (

d) a request for access to information made under the Access to Information Act to the Association must be directed to the Access to Information Coordinator for the processing of the request; (

e) the Association must provide any records that are required by the Access to Information Coordinator for the processing of the request, within the time period set out in the Administration Agreement;

Section 7 AR 32/2002 BOILERS DELEGATED ADMINISTRATION REGULATION 5 (

f) the Association must com ply with

section 63 of the Safety Codes Act.

(3) The Association shall maintain records with respect to pressure equipment that include the following: (

a) the registration, de-re gistration and recording, as applicable, of (

i) pressure equipment designs, (ii) welding and joining procedures, (iii) alteration and repa ir procedures, and (iv) testing procedures; (a.1) records of the location, ownership, construction, installation, inspection, repair or maintenance of pressure equipment; (a.2) registration submissions not registered; (

b) the registration of, testin g for and issuance of certificates of competency under the Power Engineers Regulation (AR 85/2003) and the Pressure Welders Regulation (AR 169/2002); (

c) the registration of org anizations that have quality management systems and that are permitted to carry out activities related to pressure equipment under the Safety Codes Act; (

d) recording reports of accide nts and unsafe conditions involving pressure equipment and information on their investigation; (

e) recording the issuance of orders related to pressure equipment; (

f) recording the issuance of v ariances related to pressure equipment; (

g) recording notices of appeals related to the carrying out o f powers, duties and functions under this Regulation; (

h) any other matter related to pressure equipment that is requested by the Minister. AR 32/2002 s7;4/2007;47/2017;181/2021;142/2025

Section 8 AR 32/2002 BOILERS DELEGATED ADMINISTRATION REGULATION 6 Advice to the Minister 8 The Association is authorized, with the consent of the Minister, to provide advice to the Minister on the powers, duties and functions delegated under this Regulation. Repeal 9 The Boilers Delegated Administration Regulation (AR 54/95) is repealed. Expiry 10 For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on March 30, 2027.

AR 32/2002 s10;4/2007;37/2012;47/2017;181/2021 Coming into force 11 This Regulation comes into force on March 31, 2002.

Printed on Recycled Paper *9780779854189*

Document details

Collection	Alberta — Regulations
Citation	Alta. Reg. 32/2002
Type	regulation
Volume / chapter	2002 032
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	8fcd9b6369f47c43ddd8a3ed476a8a8c1f0dafce

Source file is stored in the law ingest library (pdf).