jswizzle3737/ontario_laws_and_regs huggingface dataset:
Where Act does not apply
2. This Act does not apply to, (a) elevating devices in or in connection with private dwelling houses used exclusively by the occupants thereof and their guests unless the owner of the device requests that this Act be applied to it; (b) feeding machines or belt, bucket, scoop, roller or similar type of freight conveyor or material handling device; (c) a lifting device that is an intermediate part of a fully automatic conveyor or material handling system; (d) freight ramps having a means of adjusting the slope of the ramp; (e) freight platforms, on which the riding of persons is prohibited, having a rise of two metres or less; (f) lubrication hoists or other similar mechanisms; (g) piling or stacking machines used within one storey; (h) elevating devices that are, (i) installed in or adjacent to a barn, and (ii) used by the proprietor of the barn or a tenant thereof exclusively for their agricultural purposes; (i) lifting devices that are, (i) at each entrance mechanically loaded or unloaded by a conveyor or other fixed mechanism, (ii) so fenced in or guarded as to prevent persons from accidentally entering the hoistway, (iii) in a location inaccessible to the general public, and (iv) controlled by designated trained personnel only; (j) powered platforms that are designed to provide access to the exterior or interior of a building or structure and that consist of a suspended working platform, a roof car, or other suspension means and track or guidance systems; (k) automated window cleaning mechanisms; (l) dumbwaiters, having a car-floor area less than 0.2 square metres, maximum capacity less than ten kilograms and the sill of every hoistway opening 0.8 metres or more above floor level; and (m) any class or subclass of elevating devices exempted by the regulations. R.S.O. 1990, c. E.8, s. 2. 3. Repealed: 1994, c. 27, s. 80 (3).
Where Act does not apply
3. Repealed: 1994, c. 27, s. 80 (3).
Special inspector
4. The Deputy Minister may authorize the Director to employ the services of a qualified person to inspect any elevating device, in which case and for such purpose only that person shall be deemed to be an inspector. R.S.O. 1990, c. E.8, s. 4.
Right to examine person under oath
5. For the purpose of an inspection or an investigation under this Act, the Director may, by notice in writing, require the attendance of any person at the time and place named in the notice and may then and there examine such person under oath regarding any matter pertaining to the inspection or investigation. R.S.O. 1990, c. E.8, s. 5.
Powers of inspectors
6. (1) An inspector may, for the purposes of carrying out his or her duties under this Act and the regulations, (a) subject to subsection (3), at any time without a warrant, enter in or upon any premises where the inspector has reason to believe that an elevating device is being installed or operated and inspect an elevating device; (b) require the production of any licence, drawings, notice, document, report or record required by this Act or the regulations and examine and copy the same and may require information from any person concerning any matter related to an elevating device or the handling or use thereof; (c) by notice in writing, require an owner of an elevating device to prepare the elevating device or any part thereof for inspection; (d) require the owner, attendant, operator, contractor or any user of an elevating device to do or refrain from doing anything the inspector considers necessary during an inspection; (e) be accompanied by any person who has special or expert knowledge of any matter in relation to an elevating device or a part thereof or use thereof; (f) require the owner of an elevating device to conduct, at the owner’s expense, such tests as the inspector specifies; (g) alone, or in conjunction with such other person or persons possessing special or expert knowledge or skill as the Director designates, make such examinations, tests, inquiries as may be necessary to ascertain whether this Act and the regulations are being complied with, and for such purpose take or remove any material or part, subject to the owner being notified thereof. Safety codes (2) In carrying out his or her duties under this Act, an inspector shall apply such safety codes as are prescribed by this Act and the regulations. Limit on power to enter (3) An inspector shall not enter any room or place actually being used as a dwelling where the occupier refuses entry except under the authority of a search warrant issued under section 158 of the Provincial Offences Act. R.S.O. 1990, c. E.8, s. 6.
Obstructing inspector prohibited
7. (1) No person shall hinder, obstruct, molest or interfere with or attempt to hinder, obstruct, molest or interfere with an inspector in the exercise of a power or the performance of a duty under this Act and the regulations. Assisting inspector (2) Every person shall furnish all necessary means in the person’s power to facilitate any entry, inspection, examination or inquiry by an inspector in the exercise of the inspector’s powers and duties under this Act and the regulations. Failure to comply (3) No person shall neglect or refuse to produce a licence, drawing, specification, record or report as required by an inspector under clause 6 (1) (b). Providing information (4) No person shall furnish an inspector with false information or neglect or refuse to furnish information required by an inspector in the exercise of his or her duties under this Act and the regulations. R.S.O. 1990, c. E.8, s. 7.
Disclosure of information
8. (1) An inspector shall not publish, disclose or communicate to any person any information, record, report or statement acquired, furnished, obtained, made or received under the powers conferred under this Act and the regulations except for the purposes of carrying out the inspector’s duties under this Act and the regulations. Idem (2) The Director may communicate or allow to be communicated, disclosed or published information, material, statements or test results acquired, furnished, obtained or made under the powers conferred under this Act and the regulations. R.S.O. 1990, c. E.8, s. 8.
Liability of inspector
9. (1) No action or other proceeding for damages lies or shall be instituted against an inspector for an act or omission by him or her in good faith in the execution or intended execution of any power or duty under this Act or the regulations. Liability of Crown (2) Subsection (1) does not, by reason of subsections 5 (2) and (4) of the Proceedings Against the Crown Act, relieve the Crown of liability in respect of a tort committed by an inspector to which it would otherwise be subject and the Crown is liable under that Act for any such tort in like manner as if subsection (1) had not been enacted. R.S.O. 1990, c. E.8, s. 9.
Inspection order
10. (1) Where an inspector finds that any provision of this Act or the regulations is being contravened, the inspector may serve the person he or she believes to be the contravenor and that person’s supervisor or employer, or any of them, with an order in writing directing compliance with the provision and may require the order to be carried out forthwith or within such time as is specified in the order. R.S.O. 1990, c. E.8, s. 10 (1); 1999, c. 12, Sched. F, s. 24. Idem (2) An order under this section shall contain sufficient information to specify the nature of the contravention. Affixing seal (3) Where in the opinion of an inspector there is a contravention of this Act or the regulations of such a nature as may pose a serious hazard to the safety of any person or property, he or she shall order that the elevating device in respect of which the contravention exists not be operated or used and shall affix a seal thereto. Idem (4) Where a seal has been affixed to an elevating device under subsection (3), no person shall remove the seal except an inspector or a mechanic authorized by an inspector for the purpose of making the elevating device conform to this Act and the regulations. Appeal of order (5) Any person aggrieved by an order made under this section may appeal to the Director who shall hear and dispose of the appeal but such an appeal does not affect the operation of the order appealed from pending disposition of the appeal. Idem (6) An appeal under subsection (5) need not be made in writing, but the Director may require the grounds for appeal to be specified in writing before the appeal is heard. Idem (7) On an appeal under this section, the Director may substitute his or her findings or opinion for those of the inspector who made the order appealed from and may rescind or affirm the order or make a new order in substitution therefor and the order of the Director shall stand in place of and have the like effect under this Act as the order of the inspector. Repairs to defective parts (8) Where an elevating device or part thereof is found, after its installation, to be unsafe or inherently defective, the Director may order such repairs as he or she considers necessary to be made within such time period as is specified in the order. R.S.O. 1990, c. E.8, s. 10 (2-8).
Drawings and specifications to be registered
11. (1) No person shall commence a new installation or major alteration of an elevating device until a design submission therefor has been registered by the Director. Idem (2) Application for registration under subsection (1) shall be in accordance with the requirements prescribed by the regulations. Idem (3) The Director may refuse to register a design submission where, (a) it does not comply with the requirements of this Act and the regulations; (b) it is not sealed by a professional engineer; or (c) it appears that it may result in an elevating device, the operation of which could pose a safety hazard to any person or property. R.S.O. 1990, c. E.8, s. 11.
Compliance with Act and regulations required
12. No person shall construct, install, alter, repair, maintain or test an elevating device or part thereof except in accordance with this Act and the regulations. R.S.O. 1990, c. E.8, s. 12.
Contractor to be registered
13. No person shall act as a contractor unless registered as a contractor under this Act and no contractor who is registered under this Act shall offer or provide a service not authorized in the contractor’s registration. R.S.O. 1990, c. E.8, s. 13.
Contractor to take precautions
14. A contractor shall take every precaution reasonable in the circumstances to ensure that his, her or its employees comply with this Act and the regulations. R.S.O. 1990, c. E.8, s. 14.
Operation without inspection prohibited
15. No person shall put into service a newly installed elevating device or an elevating device to which a major alteration has been made until it has been inspected by an inspector and licensed in accordance with this Act and the regulations. R.S.O. 1990, c. E.8, s. 15.
Operation of unsafe device prohibited
16. (1) No person shall operate an elevating device or cause or permit it to be operated if the person has reason to believe that it is in an unsafe condition. Unsafe operation prohibited (2) No person shall operate an elevating device or cause or permit it to be operated in an unsafe manner. Excessive loads prohibited (3) No person shall operate or use an elevating device or cause or permit it to be operated or used with a load in excess of its maximum capacity. Exception to subss. (1-3) (4) Subsections (1), (2) and (3) do not apply to an inspector, a person authorized by an inspector or a mechanic during the installation, alteration, repair, testing or inspection of an elevating device. Sealed device (5) No owner shall use or permit the use of an elevating device to which a seal has been affixed under section 10 until authorized in writing by an inspector. R.S.O. 1990, c. E.8, s. 16.
Safe conduct
17. (1) No person shall behave in or on an elevating device or perform any work on an elevating device in such manner as to, (a) impair the safe operation of the elevating device; or (b) endanger the person, any other person or freight. Removing, etc., safety devices prohibited (2) No person shall remove, displace, interfere with or damage any device installed in or about an elevating device for its safe operation except, (a) a person making an inspection under this Act or the regulations; or (b) a contractor for the purpose of making a test or repair. R.S.O. 1990, c. E.8, s. 17.
Renting, etc., of elevating device
18. No person shall provide an elevating device or any part thereof for use by another person under any rental, leasing or other arrangement if the elevating device or part thereof is in an unsafe condition or otherwise not in conformance with this Act and the regulations. R.S.O. 1990, c. E.8, s. 18.
Licence and compliance required
19. The owner of an elevating device shall not operate it and shall ensure that it is not operated unless, (a) it is licensed; and (b) it complies with this Act and the regulations. R.S.O. 1990, c. E.8, s. 19.
Where attendant or operator required
20. Where the operation of an elevating device requires that an attendant or operator be present, the owner of the device shall ensure that the attendant or the operator, as the case may be, complies with the requirements of this Act and the regulations. R.S.O. 1990, c. E.8, s. 20.
Licence for an elevating device
21. (1) Subject to subsection (2), the Director shall issue a licence for an elevating device or a renewal thereof to an applicant therefor, subject to such terms and conditions as are prescribed in the regulations and as are agreed to by the applicant or licensee. Where licence may be refused, revoked, etc. (2) Subject to section 23, the Director may refuse to grant or to renew a licence for an elevating device, or may suspend or revoke such a licence where, (a) the elevating device or the operation thereof does not comply with this Act or the regulations; or (b) the holder of the licence has failed to comply with a notice or order of an inspector or is in contravention of this Act or the regulations. R.S.O. 1990, c. E.8, s. 21.
Registration of contractor
22. (1) Subject to subsection (2), the Director shall register a contractor under this Act subject to such terms and conditions as are prescribed in the regulations. Where registration may be refused, revoked, etc. (2) The Director may refuse to register or to renew the registration of a contractor or may suspend or revoke the registration of a contractor where, (a) the applicant or registrant is in contravention of this Act, the regulations or a term or condition of the registration; or (b) there are reasonable grounds to believe that the applicant or registrant is incompetent or lacks basic resources or requisite skills. Limited registration (3) Registration under subsection (1) may be limited to those classes of elevating devices that the Director considers the contractor to be qualified to service. R.S.O. 1990, c. E.8, s. 22.
Parties
24. (1) The Director, the applicant, the licence holder or registrant who has applied for the hearing and such other persons as are specified by the judge are parties to the proceedings before a judge under section 23. Opportunity to achieve compliance (2) Notice of a hearing under section 23 shall afford to the licence holder or registrant a reasonable opportunity to show or to achieve compliance before the hearing with all lawful requirements for the retention of the licence or registration. Examination of documentary evidence (3) An applicant, licence holder or registrant who is a party to proceedings under section 23 shall be afforded an opportunity to examine, before the hearing, any written or documentary evidence that will be produced or any report, the contents of which will be given in evidence at the hearing. Findings of fact (4) The findings of fact of a judge pursuant to a hearing shall be based exclusively on evidence admissible or matters that may be noticed under sections 15 and 16 of the Statutory Powers Procedure Act. R.S.O. 1990, c. E.8, s. 24.
Appeal to Divisional Court
25. (1) Any party to proceedings before a judge under section 23 may appeal from the decision or order of the judge to the Divisional Court. Minister entitled to be heard (2) The Minister is entitled to be heard by counsel or otherwise upon the argument of an appeal under this section. Powers of court on appeal (3) The Divisional Court may, on the appeal, affirm the decision of the judge appealed from or may rescind it and make such new decision as the court considers proper under this Act and the regulations, and may order the Director to do any act or thing he or she is authorized to do under this Act and as the court considers proper, and for such purpose the court may substitute its opinion for that of the Director or of the judge, or the court may refer the matter back to the judge for rehearing, in whole or in part, in accordance with such directions as the court considers proper. R.S.O. 1990, c. E.8, s. 25.
Interim suspension pending final appeal
26. The Director, by notice to the licence holder or registrant and without a hearing, may provisionally refuse to renew or suspend the holder’s licence or registrant’s registration where in the Director’s opinion it is necessary to do so for the immediate protection of any person or the public and the Director so states in such notice giving reasons therefor, and thereafter section 23 applies as if the notice given under this section were a notice of a proposal to revoke the licence or registration under section 23. R.S.O. 1990, c. E.8, s. 26.
Inspections
27. An elevating device shall be inspected by an inspector at such intervals as may be determined by the Director. R.S.O. 1990, c. E.8, s. 27.
Certificate as evidence
28. A statement as to, (a) the registration or non-registration of any person; or (b) the licensing or non-licensing of any elevating device, purporting to be certified by the Director is, without proof of the office or signature of the Director, receivable in evidence as proof, in the absence of evidence to the contrary, of the facts stated therein for all purposes in any action, proceeding or prosecution. R.S.O. 1990, c. E.8, s. 28.
Reporting accidents
29. (1) Where an accident occurs in connection with an elevating device that results in the death of or serious injury to any person, the owner shall notify the Director by telephone forthwith. Idem (2) Where an accident occurs that causes injury to any person or where there has been an incident involving an elevating device that indicates that the elevating device is in a potentially hazardous condition or where there has been a fire involving an elevating device, the owner and the contractor maintaining the elevating device shall notify the Director by telephone within twenty-four hours and shall submit a written report giving full particulars within seven days thereafter. Wreckage not to be disturbed (3) Where an accident of the type referred to in subsection (1) occurs, no person, except for the purpose of rescuing a person injured in the accident, shall interfere with, disturb, destroy, carry away or alter any wreckage, article or thing at the scene of or connected with the accident until permission to do so is given by an inspector. Investigation (4) On being notified of an accident or incident in accordance with this section, the Director shall cause such investigation to be made as he considers necessary. R.S.O. 1990, c. E.8, s. 29.
Offence
30. (1) Every person who, (a) contravenes or fails to comply with any provision of this Act or the regulations; (b) knowingly makes a false statement in any document required by this Act or the regulations; (c) contravenes or fails to comply with a term or condition of a licence or registration; (d) contravenes or fails to comply with an order or requirement of 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. Idem (2) Where a person contravenes any of the provisions of this Act or the regulations or any notice or order made thereunder on more than one day, each such day shall be deemed to constitute a separate offence. R.S.O. 1990, c. E.8, s. 30 (1, 2). Time limit (3) 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. 19.