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Volume 60, No. 2

45/2017

The British Columbia Gazette,

Part II

February 14, 2017

B.C. Reg. 45/2017 , deposited February 21, 2017, under the SAFETY STANDARDS ACT [section 88 (2) (a), (b), (i), (j), (l), (

o) and (r)]. Ministerial Order M65/2017, dated February 20, 2017.

I, Rich Coleman, Minister of Natural Gas Development and Minister Responsible for Housing and Deputy Premier, order that,

(

a) the Power Engineers, Boiler, Pressure Vessel and Refrigeration Safety Regulation, B.C. Reg. 104/2004, is amended as set out in

Schedule 1,

(

b) effective 15 days after the date of deposit of this regulation,

(

i) the Elevating Devices Safety Regulation, B.C. Reg. 101/2004, is amended as set out in

Schedule 2,

(ii)

section 5 (2) of the Gas Safety Regulation, B.C. Reg. 103/2004, is repealed,

(iii)

section 42 (2) of the Power Engineers, Boiler, Pressure Vessel and Refrigeration Safety Regulation is repealed, and

(iv) the Safety Standards General Regulation, B.C. Reg. 105/2004, is amended as set out in

Schedule 3,

(

c) effective October 2, 2017, the Power Engineers, Boiler, Pressure Vessel and Refrigeration Safety Regulation is amended as set out in

Schedule 4,

(

d) effective December 15, 2017, the Safety Standards General Regulation is amended as set out in

Schedule 5, and

(

e) effective December 3, 2019,

section 43.1 of the Power Engineers, Boiler, Pressure Vessel and Refrigeration Safety Regulation is repealed and the following substituted:

Certificates of qualification having no expiry date

43.1 A certificate of qualification issued under this regulation that does not have an expiry date specified on the certificate is not valid.

— R. COLEMAN, Minister of Natural Gas Development and Minister Responsible for Housing and Deputy Premier .

Schedule 1

Section 1 of the Power Engineers, Boiler, Pressure Vessel and Refrigeration Safety Regulation, B.C. Reg. 104/2004, is amended in the definition of “boiler” by striking out “ means a vessel, in which ” and substituting “ means a vessel in which, ”.

Section 2 (1) is amended in the definition of “fluid heating plant” by striking out “ vapourizing the fluid; ” and substituting “ vaporizing the fluid; ”.

Section 3 (2) (

f) is amended by striking out “ that are located ” and substituting “ that is located ”.

Schedule 2

Section 4 (1) of the Elevating Devices Safety Regulation, B.C. Reg. 101/2004, is repealed.

Schedule 3

1 The following

section is added to Division 1 of

Part 1 of the Safety Standards General Regulation, B.C. Reg. 105/2004:

Definitions

1.1 In this Division:

“Canadian credential” means an official recognition that

(

a) is issued in another jurisdiction in Canada, and

(

b) authorizes the holder to perform, in the other jurisdiction, work that is equivalent to regulated work that, under the Act, may be performed only by a holder of a certificate of qualification;

“safety regulation” means the Electrical Safety Regulation, Elevating Devices Safety Regulation, Gas Safety Regulation, and Power Engineers, Boiler, Pressure Vessel and Refrigeration Safety Regulation.

Section 2.1 is repealed and the following substituted:

Applicants with Canadian credentials

2.1

(1) This

section applies despite any provision of a safety regulation.

(2) On application by an individual who holds a Canadian credential, a provincial safety manager may issue a corresponding certificate of qualification if

(

a) the applicant provides proof, acceptable to the provincial safety manager, of the applicant’s identity, and

(

b) the provincial safety manager is satisfied that the applicant’s Canadian credential is in good standing in the jurisdiction where it was issued.

(

i) necessary to ensure that the regulated work the individual is entitled to perform in British Columbia is equivalent to the work the individual is entitled to perform in the jurisdiction where the individual’s Canadian credential was issued, and

(ii) as described in

section 2.2 (2);

(

b) after issuing the certificate, in which case, all of

section 2.2 applies.

Expiry and renewal of certificates of qualification

2.3

(1) A certificate of qualification

(

a) expires on the date, if any, specified on the certificate of qualification, and

(

i) attached under

section 2.2 (2), and

(ii) that apply under a safety regulation with respect to an application for a certificate of the same class as that of the certificate being renewed.

(2) An individual who applies to renew a certificate of qualification before the certificate expires is exempt from meeting any application requirements other than as provided for under subsection (1) (b).

Schedule 4

Section 2 (1) of the Power Engineers, Boiler, Pressure Vessel and Refrigeration Safety Regulation, B.C. Reg. 104/2004, is amended by repealing the definition of “engineering degree” and substituting the following:

“engineering degree” means a degree in mechanical engineering that

(

a) is awarded following completion of an undergraduate engineering program accredited by the Canadian Engineering Accreditation Board, or

(

b) is otherwise acceptable to a provincial safety manager under this regulation; .

Section 13 is amended

(

a) in subsection (1) by striking out “ that is a power plant ” wherever it appears, and

(

b) in subsection (3) by striking out “ an engineering degree acceptable to a provincial safety manager ” and substituting “ an engineering degree, ”.

Section 15 is amended

(

a) in subsection (1) (b) (ii) and (iii) by striking out “ that is a power plant ”, and

(

b) in subsection (3) by striking out “ acceptable to a provincial safety manager ”.

Section 17 is amended

(

a) in subsection (3) by striking out “ acceptable to a provincial safety manager ”, and

(

b) in subsection (5) by striking out “ granted to candidates ” and substituting “ granted to applicants ”.

Section 19 is amended

(

a) in subsection (1) (

b) by striking out “ engineering degree approved by the provincial safety manager ” and substituting “ engineering degree, ”,

(

b) in subsection (1) (b) (iii) by adding “ or would apply, if the equipment was located in British Columbia, ” after “ equipment to which this regulation applies, ”, and

(

c) in subsection (4) by striking out “ Despite subsection (1) but subject to

section 7 (2) and (3), a fourth class power engineer’s certificate of qualification may be issued to a person ” and substituting “ Despite subsection (1), a fourth class power engineer’s certificate of qualification may be issued to an individual ”.

Section 23 (b) (ii) (

B) is amended by adding “ , or would apply, if the equipment was located in British Columbia ” after “ equipment to which this regulation applies ”.

Section 43 is renumbered as

section 43 (1) and the following subsection is added:

(2) A holder of a certificate of qualification issued under this regulation must carry, at all times while performing regulated work, proof acceptable to a provincial safety manager of the holder’s certification.

8 The following

section is added to Division 2 of

Part 1:

Transition – certificates of qualification having no expiry date

43.1

(1) In this section:

“applicant” means an individual who applies under this

section to renew a transitional certificate or to have a transitional certificate reinstated, as applicable;

“application requirement” means a requirement of the Safety Standards General Regulation or of this regulation that applies with respect to a certificate of qualification of the same class as that of a transitional certificate being renewed or reinstated under this section;

“transitional certificate” means a certificate of qualification issued under this regulation that does not have an expiry date specified on the certificate.

(2) A transitional certificate expires December 3, 2018, unless renewed in accordance with subsection (3).

(3) An applicant to renew a transitional certificate must provide to a provincial safety manager, before December 3, 2018, the following:

(

a) proof, acceptable to the provincial safety manager, of the applicant’s identity;

(

b) any further information the provincial safety manager requires to evaluate the application.

(4) An applicant to reinstate an expired transitional certificate must provide to a provincial safety manager, before December 2, 2019, the following:

(

a) the proof and information referred to in subsection (3);

(

b) the fee, if any, that applies to renew a certificate of qualification of that class.

(5) An application under this

section may be for a certificate of the same class as the applicant’s transitional certificate only.

(6) An applicant who holds more than one transitional certificate may apply to renew the certificate of the highest class only.

(7) An applicant is exempt from meeting all application requirements other than

(

a) as provided under this section, and

(

b) those requirements, if any, imposed by a provincial safety manager.

(8) Despite subsection (7) (b), an applicant under subsection (3) must not be required to submit a renewal fee if any has been set.

(9) Despite

section 43 (2), that

section does not apply to an individual who holds a transitional certificate until the earliest of the following dates:

(

a) the date on which the certificate is renewed under subsection (3) of this section;

(

b) December 3, 2018.

9 The following sections are added:

Operating permit for plant required

62.1

(1) An owner must hold an operating permit for each of the following types of plants:

(

a) a first class plant, a second class plant, a third class plant, a fourth class plant and a fifth class plant;

(

b) an oil well plant.

(2) Despite subsection (1), a provincial safety manager may direct that one operating permit is required if the provincial safety manager is satisfied that

(a) 2 or more plants are located on the same premises, and

(

b) separate operating permits are not required for the purpose of ensuring that the objectives of the Act and this regulation are met.

(3) An applicant for an operating permit must provide to a provincial safety manager

(

a) a record identifying

(

i) the location of the plant and all related plants, if any,

(ii) the classification, type and total capacity of the plant, and

(iii) all boilers, pressure vessels and ancillary equipment that form part of the plant, and

(

b) any further information required by the provincial safety manager.

Transition – operating permits for plants

62.2

(1) In this section, “pre-permit owner” means an owner of a plant

(

a) at which regulated work was being performed in accordance with this regulation as it read immediately before October 2, 2017, and

(

b) that is required under

section 62.1 to be the subject of an operating permit.

(2) A pre-permit owner is deemed to hold an operating permit in respect of the owner’s plant until the earliest of the following dates:

(

a) the date on which an operating permit is issued in respect of the plant;

(

b) October 1, 2019.

(3) Despite

section 69.1, that

section does not apply to a pre-permit owner in respect of the owner’s plant until the earliest of the dates referred to in subsection (2).

(4) A pre-permit owner who applies before October 1, 2019, for an operating permit in respect of the owner’s plant is not required to pay a fee in respect of the application.

(5) This

section is repealed effective October 2, 2019.

10 The following

section is added to Division 2 of

Part 5:

Duties of owners requiring plant operating permits

69.1 An owner who is required under

section 62.1 to have an operating permit for a plant must comply with all of the following:

(

a) the plant must not be operated unless the owner holds a valid operating permit;

(

b) the operating permit must be posted in a conspicuous, clean and safe place in the plant premises;

(

c) within the plant premises, there must be

(

i) a copy of the record referred to in

section 62.1 (3) (a), and

(ii) a record containing any further information required by a provincial safety manager;

(

d) the owner must designate an individual to be responsible for maintaining the records referred to in paragraph (c), and the name and contact information of that individual must be kept with those records;

(

e) the records referred to in paragraph (

c) must be updated if there is any change to the information stated in the record, and the name and contact information referred to in paragraph (

d) must be updated if a new individual is designated or if the contact information of the designated individual changes;

(

f) if a change is to be made to the plant that may cause the plant to be re-classified under this regulation, or a change is to be made to the type of plant, the plant must not be operated according to the new classification or type unless a new operating permit is issued.

Schedule 5

Section 1.1 of the Safety Standards General Regulation, B.C. Reg. 105/2004, is amended by adding the following definition:

“international credential” means an official recognition that

(

a) is issued in a jurisdiction outside Canada, and

(

b) authorizes the holder to perform, in the other jurisdiction, work that is equivalent to regulated work that, under the Act, may be performed only by a holder of a certificate of qualification; .

2 The following

section is added:

Applicants with international credentials

2.10

(1) This

section applies

(

a) only with respect to certificates of qualification that may be issued under the Power Engineers, Boiler, Pressure Vessel and Refrigeration Safety Regulation, and

(

b) despite any provision of that regulation.

(2) On application by an individual who holds an international credential, a provincial safety manager may issue a corresponding certificate of qualification if

(

a) the applicant provides proof, acceptable to the provincial safety manager, of the applicant’s identity, and

(

b) the provincial safety manager is satisfied that

(

i) the applicant’s international credential is in good standing in the jurisdiction where it was issued, and

(ii) the applicant’s training and work experience is equivalent to that required under the Power Engineers, Boiler, Pressure Vessel and Refrigeration Safety Regulation to be eligible for the certificate of qualification that is the subject of the application.

(3) Without limiting

section 2,

(

a) a provincial safety manager may require an applicant to

(

i) provide further information or proof of the matters referred to in subsection (2) of this

section as requested by the provincial safety manager for the purpose of evaluating the application, and

(ii) undertake examinations, interviews or other assessments, set by the provincial safety manager or as directed by the provincial safety manager, and

(

b) the applicant must provide to the provincial safety manager

(

i) the information and proof required under paragraph (a) (

i) of this subsection, and

(ii) the results of all examinations, interviews or other assessments required under paragraph (a) (ii) of this subsection.

(4) All information and materials provided for the purpose of

section 2 and subsection (3) of this

section must be

(

a) in the form and provided in the manner required by a provincial safety manager, and

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