2016 Legislative Session: 5th Session, 40th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE RICH COLEMAN

MINISTER OF NATURAL GAS DEVELOPMENT

AND MINISTER RESPONSIBLE FOR HOUSING

AND DEPUTY PREMIER

BILL 13 – 2016

SAFETY STANDARDS AMENDMENT ACT, 2016

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

SECTION 1: [Safety Standards Act,

section 1] adds a definition of "power plant".

Section 1 of the Safety Standards Act, S.B.C. 2003, c. 39, is amended by adding the following definition:

"power plant" has the meaning prescribed under

section 88 (2) (w.1); .

SECTION 2: [Safety Standards Act,

section 3] provides that the Safety Standards Act

ceases to apply to specified regulated products relating to pipelines and oil and gas facilities and to regulated work done in respect of those specified regulated products, and

begins to apply to other specified regulated products relating to pipelines and oil and gas facilities and to regulated work done in respect of those specified regulated products.

Section 3 is repealed and the following substituted:

Non-application of Act in relation to mines,

oil and gas facilities and pipelines

(1) In this section:

"facility" means a facility, as defined in

section 1 (2) of the Oil and Gas Activities Act , the construction or operation of which is an oil and gas activity as defined in that section;

"mine" has the same meaning as in

section 1 of the Mines Act ;

"pipeline" has the same meaning as in

section 1 (2) of the Oil and Gas Activities Act ;

"specified regulated product" means any of the following regulated products:

(

a) gas systems and equipment referred to in

section 2 (1) (b) (vi);

(

b) pressure piping referred to in

section 2 (1) (b) (viii), other than pressure piping that forms part of a power plant;

(

c) refrigeration systems and equipment referred to in

section 2 (1) (b) (ix).

(2) This Act does not apply to

(

a) a regulated product being used in the operation of or in association with a mine, or

(

b) a person who does regulated work in respect of a regulated product described in paragraph (a).

(3) Subject to subsection (4), this Act does not apply to

(

a) a specified regulated product attached to or being used in the operation of a pipeline or facility, or

(

b) a person who does regulated work in respect of a specified regulated product described in paragraph (

a) of this subsection.

(4) This Act applies to

(

a) a regulated product that

(

i) is part of a specified regulated product described in subsection (3) (a), and

(ii) is not itself a specified regulated product described in subsection (3) (a), and

(

b) a person who does regulated work in respect of a regulated product to which this Act applies under paragraph (

a) of this subsection.

SECTION 3: [Safety Standards Act,

section 88] authorizes the minister to make a regulation prescribing the meaning of "power plant".

Section 88 (2) is amended by adding the following paragraph:

(w.1) prescribing the meaning of "power plant" for the purposes of the definition of "power plant" in

section 1; .

Transitional Provisions

SECTION 4: [Transition –

definitions for transitional provisions] defines terms for the purposes of the transitional provisions respecting the amendments made by this Bill to the Safety Standards Act .

Transition –

definitions for transitional provisions

4 In this

section and sections 5 to 11:

"authority" means a person to which administration of provisions of the Safety Standards Act and regulations under that Act is delegated under

Part 12 of the Safety Standards Act ;

"commission" has the same meaning as in

section 1 (2) of the Oil and Gas Activities Act ;

"installation permit" means a permit issued under

section 17 of the Safety Standards General Regulation, B.C. Reg. 105/2004;

"minister" means the minister responsible for the administration of the Safety Standards Act ;

"ministry" means the ministry of the minister;

"operating permit" means a permit issued under

section 28 of the Safety Standards Act ;

"personal information" has the same meaning as in

Schedule 1 of the Freedom of Information and Protection of Privacy Act ;

"previously regulated product" means any of the following regulated products to which the Safety Standards Act ceased to apply as a result of the repeal and replacement, by this Act, of

section 3 of the Safety Standards Act :

(

a) pressure piping referred to in

section 2 (1) (b) (viii) of the Safety Standards Act ;

(

b) refrigeration systems and equipment referred to in

section 2 (1) (b) (ix) of the Safety Standards Act ,

but does not include any part of such a regulated product to which the Safety Standards Act applies under

section 3 (4) of that Act, as enacted by this Act;

"previously unregulated product" means any of the following regulated products to which the Safety Standards Act began to apply as a result of the repeal and replacement, by this Act, of

section 3 of the Safety Standards Act :

(

a) amusement rides referred to in

section 2 (1) (b) (

i) of the Safety Standards Act ;

(

b) passenger ropeways referred to in

section 2 (1) (b) (ii) of the Safety Standards Act ;

(

c) elevating devices and passenger conveyors referred to in

section 2 (1) (b) (

v) of the Safety Standards Act ;

(

d) regulated products referred to in

section 2 (1) (b) (

x) of the Safety Standards Act ;

"regulated product" has the same meaning as in

section 1 of the Safety Standards Act ;

"regulated work" has the same meaning as in

section 1 of the Safety Standards Act .

SECTION 5: [Transition – installation permits and operating permits in respect of previously regulated products]

cancels installation permits and operating permits, and applications for installation permits and operating permits, in respect of regulated products to which, under this Bill, the Safety Standards Act ceases to apply;

authorizes the refund of fees paid in respect of permits and applications that are cancelled by this Bill.

Transition – installation permits and operating permits

in respect of previously regulated products

(1) Subject to subsection (2), on the date this

section comes into force, the following are cancelled:

(

a) each installation permit and each operating permit issued in respect of a previously regulated product;

(

b) each application, for an installation permit or an operating permit and in respect of a previously regulated product, for which a final determination has not been made.

(2) If part of a permit or application described in subsection (1) is in respect of a regulated product to which the Safety Standards Act applies under

section 3 (4) of that Act, as enacted by this Act, that part of the permit or application is not cancelled under subsection (1) of this section.

(3) The minister or an authority may refund all or part of a fee paid to the minister or the authority, as the case may be, in respect of a permit or application cancelled under subsection (1).

(4) A refund by the minister under subsection (3) may be paid from the consolidated revenue fund.

SECTION 6: [Transition – pending applications for design registrations in respect of previously regulated products] provides that the Safety Standards Act and the regulations under that Act continue to apply to pending applications for registration of designs for regulated products to which, under this Bill, that Act would otherwise cease to apply.

Transition – pending applications for design registrations

in respect of previously regulated products

6 If, on the date this

section comes into force,

(

b) a final determination has not been made in respect of the application,

the Safety Standards Act and the regulations under that Act, as they read immediately before the date this

section comes into force, continue to apply in relation to the application until a final determination is made respecting the application.

SECTION 7: [Transition – monetary penalties in respect of previously regulated products] provides that the Safety Standards Act and the regulations under that Act continue to apply to unpaid monetary penalties respecting regulated products, or regulated work done in respect of regulated products, to which, under this Bill, that Act would otherwise cease to apply.

Transition – monetary penalties in respect

of previously regulated products

7 The Safety Standards Act and the regulations under that Act, as they read immediately before the date this

section comes into force, continue to apply in relation to monetary penalties, if any, that, before that date,

(

a) were imposed under

section 40 of the Safety Standards Act in respect of previously regulated products or regulated work done in respect of previously regulated products, and

(

b) have not been paid in full.

SECTION 8: [Transition – proceedings in respect of previously regulated products] discontinues proceedings under

Part 9 of the Safety Standards Act to the extent they deal with regulated products, or regulated work done in respect of regulated products, to which, under this Bill, that Act ceases to apply.

Transition – proceedings in respect

of previously regulated products

(1) Subject to subsection (2), if, on the date this

section comes into force, a final determination has not been made in respect of a proceeding under

Part 9 of the Safety Standards Act that deals with a previously regulated product or regulated work done in respect of a previously regulated product, the proceeding is, on the date this

section comes into force, discontinued, to the extent the proceeding deals with the previously regulated product or the regulated work.

(2) A proceeding is not discontinued under subsection (1) if the proceeding is in relation to an application described in

section 6 or a monetary penalty described in

section 7.

SECTION 9: [Transition – information-sharing with Oil and Gas Commission] authorizes the sharing, between the ministry of the minister responsible for the administration of the Safety Standards Act , or an authority under that Act, and the Oil and Gas Commission, of personal information that relates to regulated products, or regulated work done in respect of regulated products, to which, under this Bill, that Act ceases to apply or to which, under this Bill, that Act begins to apply.

Transition – information-sharing

with Oil and Gas Commission

(1) The ministry or an authority may disclose to the commission, for use by the commission for the purposes of the administration or enforcement of the Oil and Gas Activities Act , personal information that

(

a) relates to previously regulated products or regulated work done in respect of previously regulated products, and

(

b) was, before the date this subsection comes into force, obtained or compiled by the ministry or the authority in the course of administering or enforcing the Safety Standards Act .

(2) Until a final determination is made in respect of an application described in

section 6, the ministry or an authority must, on request by the commission or the person who made the application, provide to the commission, for use by the commission for the purposes of the administration or enforcement of the Oil and Gas Activities Act , a copy of the records, including personal information, if any, relating to the application, that are in the custody or under the control of the ministry or the authority, as the case may be.

(3) The commission may disclose to the ministry or to an authority, for use by the ministry or the authority, as the case may be, for the purposes of the administration or enforcement of the Safety Standards Act , personal information that

(

a) relates to previously unregulated products, and

(

b) was, before the date subsection (1) comes into force, obtained or compiled by the commission in the course of administering or enforcing the Oil and Gas Activities Act .

SECTION 10: [Transition – authority of Oil and Gas Commission in relation to previously regulated products] confirms that provisions of this Bill relating to the Safety Standards Act do not limit the authority of the Oil and Gas Commission under the Oil and Gas Activities Act in relation to regulated products to which, under this Bill, the Safety Standards Act ceases to apply.

Transition – authority of Oil and Gas Commission

in relation to previously regulated products

10 For certainty, sections 1 to 9 do not limit the commission's authority under the Oil and Gas Activities Act in relation to matters respecting previously regulated products, whether those matters arise before or after the date this

section comes into force.

SECTION 11: [Transition – interim regulations] authorizes the Lieutenant Governor in Council to make, during a 3-year period, the following regulations:

regulations to resolve issues arising as a result of the repeal and replacement, by this Bill, of

section 3 of the Safety Standards Act ;

regulations respecting certain information or records.

Transition – interim regulations

(1) The Lieutenant Governor in Council may make regulations as follows:

(

a) respecting any matters the Lieutenant Governor in Council considers necessary or advisable

(

i) to more effectively bring into operation the amendments to the Safety Standards Act made by this Act, or

(ii) to remedy any transitional difficulties encountered as a result of the repeal and replacement, by this Act, of

section 3 of the Safety Standards Act ;

(

b) without limiting paragraph (a), respecting information or records referred to in

section 9 of this Act.

(2) For 3 years after the date this

section comes into force, a regulation made under this

section may be made retroactive to a date not earlier than the date this

section comes into force and, if made retroactive, is deemed to come into force on the date specified in the regulation.

(3) This

section is repealed 3 years after the date it comes into force and, on its repeal, any regulations made under it, unless earlier repealed, are also repealed.

Amendment to this Act

SECTION 12: [Safety Standards Amendment Act, 2016,

section 9] is consequential to the enactment of

section 38.1 of the Oil and Gas Activities Act .

Section 9 (3) of this Act is repealed and the following substituted:

(3) Despite

section 38.1 of the Oil and Gas Activities Act , the commission may disclose to the ministry or to an authority, for use by the ministry or the authority, as the case may be, for the purposes of the administration or enforcement of the Safety Standards Act , information and records, including personal information, that

(

a) relate to previously unregulated products, and

(

b) were, before the date subsection (1) of this

section comes into force, obtained or compiled by the commission in the course of administering or enforcing the Oil and Gas Activities Act .

(4) If the ministry or an authority obtains from the commission a copy of a record, report or plan that the commission is required to keep confidential under

section 38.1 of the Oil and Gas Activities Act ,

(

a) the ministry or the authority, as the case may be, must, in accordance with that section, keep confidential the record, report or plan, and

(

b) that

section and the regulations under that

section apply, in relation to the requirement to keep the record, report or plan confidential, to the ministry or the authority, as the case may be, as if the ministry or the authority were the commission.

Commencement

13 This Act comes into force by regulation of the Lieutenant Governor in Council.

Explanatory Notes

SECTION 1: [Safety Standards Act,

section 1] adds a definition of "power plant".

SECTION 2: [Safety Standards Act,

section 3] provides that the Safety Standards Act

ceases to apply to specified regulated products relating to pipelines and oil and gas facilities and to regulated work done in respect of those specified regulated products, and

begins to apply to other specified regulated products relating to pipelines and oil and gas facilities and to regulated work done in respect of those specified regulated products.

SECTION 3: [Safety Standards Act,

section 88] authorizes the minister to make a regulation prescribing the meaning of "power plant".

SECTION 4: [Transition –

definitions for transitional provisions] defines terms for the purposes of the transitional provisions respecting the amendments made by this Bill to the Safety Standards Act .

SECTION 5: [Transition – installation permits and operating permits in respect of previously regulated products]

cancels installation permits and operating permits, and applications for installation permits and operating permits, in respect of regulated products to which, under this Bill, the Safety Standards Act ceases to apply;

authorizes the refund of fees paid in respect of permits and applications that are cancelled by this Bill.

SECTION 6: [Transition – pending applications for design registrations in respect of previously regulated products] provides that the Safety Standards Act and the regulations under that Act continue to apply to pending applications for registration of designs for regulated products to which, under this Bill, that Act would otherwise cease to apply.

SECTION 7: [Transition – monetary penalties in respect of previously regulated products] provides that the Safety Standards Act and the regulations under that Act continue to apply to unpaid monetary penalties respecting regulated products, or regulated work done in respect of regulated products, to which, under this Bill, that Act would otherwise cease to apply.

SECTION 8: [Transition – proceedings in respect of previously regulated products] discontinues

proceedings under

Part 9 of the Safety Standards Act to the extent they deal with regulated products, or regulated work done in respect of regulated products, to which, under this Bill, that Act ceases to apply.

SECTION 9: [Transition – information-sharing with Oil and Gas Commission] authorizes the sharing, between the ministry of the minister responsible for the administration

of the Safety Standards Act , or an authority under that Act, and the Oil and Gas Commission, of personal information that relates to regulated products, or regulated work done in respect of regulated products, to which, under this Bill, that Act ceases to apply or to which, under this Bill, that Act begins to apply.

SECTION 10: [Transition – authority of Oil and Gas Commission in relation to previously regulated products] confirms that provisions of this Bill relating to the Safety Standards Act do not limit the authority of the Oil and Gas Commission under the Oil and Gas Activities Act in relation to regulated products to which, under this Bill, the Safety Standards Act ceases to apply.

SECTION 11: [Transition – interim regulations] authorizes the Lieutenant Governor in Council to make, during a 3-year period, the following regulations:

regulations to resolve issues arising as a result of the repeal and replacement, by this Bill, of

section 3 of the Safety Standards Act ;

regulations respecting certain information or records.

SECTION 12: [Safety Standards Amendment Act, 2016,

section 9] is consequential to the enactment of

section 38.1 of the Oil and Gas Activities Act .

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c) Queen’s Printer, Victoria, British Columbia, Canada