Second

Session, 50th General Assembly

Charles III, 2024

BILL 95

AN ACT TO AMEND THE

PUBLIC SAFETY ACT

Received

and Read the First Time ................................................................

Second

Reading ............................................................................................

Committee .....................................................................................................

Third

Reading ...............................................................................................

Royal

Assent .................................................................................................

HONOURABLE ELVIS

LOVELESS

Minister of Digital

Government and Service Newfoundland and Labrador

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Public Safety Act to

allow the chief inspector of

amusement rides and elevating devices to authorize a person who is not an

inspector to inspect amusement rides and elevating devices where the chief

inspector determines it is necessary and the person satisfies the

qualifications prescribed in the regulations;

require a person authorized to inspect

amusement rides and elevating devices to submit a written report to the chief

inspector of amusement rides and elevating devices;

allow the Lieutenant -Governor in

Council to make regulations prescribing the qualifications of persons authorized

to inspect amusement rides and elevating devices and prescribing the

licensing requirements of persons carrying on the business of inspecting

amusement rides and elevating devices;

abolish the Public Safety Appeal Board and establish a right of appeal to the

deputy minister of the Department of Digital Government and Service Newfoundland

and Labrador;

replace references to

"Trial Division" with the correct reference "Supreme

Court"; and

incorporate gender-neutral

language.

A BILL

AN ACT TO AMEND THE PUBLIC SAFETY ACT

Analysis

1. S.2

Amdt.

Definitions

2. S.5.1 Added

Inspections amusement rides and elevating devices

3. S.6 Amdt.

Drawings and specifications

4. S.12 Amdt.

Notification and investigation

5. S.13 Amdt.

Inspections

6. S.14 Amdt.

Order to cease operation

7. S.15 Amdt.

Prohibition of use

8. S.19 Amdt.

Financial responsibility

9. S.20 Amdt.

Pressure system registration pre-requisite

10. S.21 Amdt.

Register rating

11. S.25 Rep.

Appointment of appeal board

12. S.26 R&S

Appeal

to deputy minister

13. Ss. 27 to 27.2 Rep.

27. Procedure

27.1 Consideration

of appeal

27.2 Commencement

of appeal

14. S.27.4 Amdt.

Notice

15. S.28 Amdt.

Appeal

to Supreme Court

16. S.32 Amdt.

General regulations

17. S.35 Amdt.

Liability of officer

18. S.36 Amdt.

Offence and penalty

19. Transitional

20. RSNL1990 cP-43 Amdt.

21. Commencement

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

SNL1996 cP-41.01

as amended

Section 2 of the Public Safety Act is amended by adding immediately after paragraph

(

f) the following:

(f.1) "department" means the department

presided over by the minister;

(f.2) "deputy minister" means the deputy

minister of the department;

2. The Act is amended by adding immediately after

section 5 the following:

Inspections amusement

rides and elevating devices

5 .1

(1) The

chief inspector of amusement rides and elevating

devices may authorize a person who is not an inspector to inspect amusement

rides or elevating devices where

(

a) the chief inspector determines it is

necessary; and

(

b) the person has the

qualifications prescribed in the regulations.

(2) A person authorized under subsection (1) shall

submit a written report to the chief inspector of amusement

rides and elevating devices with respect to the inspection in the form that the

chief inspector may determine.

(3) A person authorized

under subsection (1) shall not have a direct or indirect interest in the

manufacture, sale, installation or maintenance of the amusement

ride or elevating device that the person

is authorized to inspect.

Section 6 of the Act is amended by deleting the

words "his or her" and substituting the words "the chief

inspector's".

4. Subsection 12(2) of the Act is amended by

deleting the words "he or she" wherever they appear and substituting

the words "the chief inspector".

5. Paragraph 13(1)(

b) of the Act is amended by

deleting the words "his or her" and substituting the word

"the".

6. Paragraph 14(2)(

c) of the Act is amended by

deleting the words "he or she" and substituting the words "the

person".

7. Subsection 15(3) of the Act is amended by

deleting the words "he or she" and substituting the words "the

owner".

Section 19 of the Act is amended by

(

a) deleting the words "he or she" and

substituting the words "the person"; and

(

b) deleting the words "his or her" and

substituting the words "the owner's".

Section 20 of the Act is amended by deleting

the words "his or her" and substituting the words "the

person's".

Section 21 of the Act is amended by deleting

the words "his or her" and substituting the words "the

owner's".

Section 25 of the Act is repealed.

Section 26 of the Act is repealed and the

following substituted:

Appeal to deputy minister

(1) A person may appeal a notice, decision

or order of the chief inspector, including an action confirmed, revoked or

varied by the chief inspector under

section 24, to the deputy minister within

30 days of the notice, decision or order.

(2) An appeal referred to in subsection (1) shall

(

a) be submitted to the deputy minister, in

writing, in the form and manner set by the deputy minister;

(

b) state the reasons for the appeal; and

(

c) include

(

i) a copy of the notice,

decision or order being appealed,

(ii) all information that the appellant considers

necessary for the appeal, and

(iii) any information requested by the deputy

minister.

(3) The deputy minister shall begin a review of

the notice, decision or order within 30 days after the

appeal has been received under subsection (2).

(4) The deputy minister may confirm, revoke or vary the notice, decision or order that is the

subject of the appeal.

(5) A decision of the deputy minister shall

(

a) be in writing;

(

b) state the reasons for the decision; and

(

c) be provided to the appellant and the chief

inspector no later than 30 days after the deputy minister completes the review

of the notice, decision or order.

13. Sections 27 to 27.2 of the Act are repealed.

14. Subsection 27.4(1) of the Act is amended by

deleting the word "chairperson" and substituting the word "department".

15. (1) Subsection 28(1) of the Act is repealed and

the following substituted:

Appeal to Supreme

Court

(1) A

person aggrieved by a decision of the deputy minister may appeal that decision

to the Supreme Court on a question of jurisdiction or law.

(2) Subsection 28(2) of the Act is amended by

deleting the word "board" and substituting the words "deputy

minister".

(1) Section 32 of the Act is amended by adding

immediately after paragraph (

b) the following:

(b.1) prescribing the qualifications of persons

authorized to inspect amusement rides and elevating devices;

(2) Paragraph 32(

d) of the Act is amended by

deleting the word certificates wherever it appears and substituting the words

certificates, licences.

(3) Paragraph 32(

l) of the Act is amended by

deleting the words "or appeal".

(4) Section 32 of the Act is amended by adding

immediately after paragraph (

m) the following:

(m.1) respecting licensing of persons carrying on the

business of inspecting amusement rides and elevating devices;

17. Subsection 35(1) of the Act is amended by

deleting the words "his or her" and substituting the words "the

inspector's or officer's".

18. Paragraph 36(1)(

d) of the Act is amended by

deleting the words "his or her" and substituting the words "the

inspector's".

Transitional

19. Where an appeal has been submitted to the

appeal board before the coming into force of this Act but has not been

concluded before the coming into force of this Act, the appeal shall be concluded

by the deputy minister.

RSNL1990 cP-43

Amdt.

Schedule C of the Public Service Commission Act is amended by deleting the statutory

appointment reference " Public Safety Act , subsection 25(1)".

Commencement

Section 2 and subsections 16(1), (2) and (4) come

into force on a date to be proclaimed by the Lieutenant-Governor in Council.

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