jswizzle3737/ontario_laws_and_regs huggingface dataset:
General requirement for compliance
 3. (1) Every person engaged in an activity, use of equipment, process or procedure to which the Act and this Regulation apply shall comply with the Act, this Regulation, including the code adoption document, and any applicable director’s order.  O. Reg. 221/01, s. 3 (1); O. Reg. 249/08, s. 3. (2) For the purposes of subsection (1), the reference to an activity, use of equipment, process or procedure includes, but is not limited to, design, construction, erection, dismantling, operation, installation, inspection, testing, maintenance, alterations, service or use.  O. Reg. 221/01, s. 3 (2).
Prohibitions
 4. (1) No person shall carry on the business of operating an amusement device unless licensed to do so in accordance with the Act and this Regulation, including the code adoption document.  O. Reg. 221/01, s. 4 (1); O. Reg. 249/08, s. 4 (1). (2) No person shall erect, operate or maintain an amusement device to which this Regulation applies except in accordance with this Regulation, including the code adoption document and any applicable director’s order.  O. Reg. 221/01, s. 4 (2); O. Reg. 249/08, s. 4 (2). (3) No person shall operate an amusement device unless there is a current permit issued by the director for the device.  O. Reg. 221/01, s. 4 (3). (4) No person shall alter an amusement device after a permit has been issued for it without the express consent of the director.  O. Reg. 221/01, s. 4 (4).
Licence to carry on business
 5. (1) An application for a licence to carry on the business of operating an amusement device or for a renewal of such licence shall be in a form published by the designated administrative authority and be accompanied by the fee set by the designated administrative authority.  O. Reg. 221/01, s. 5 (1). (2) It is a condition for the issuing of a licence to carry on the business of operating an amusement device or for a renewal of such a licence that the applicant, (a) have full knowledge of the Act, this Regulation, including the code adoption document, and any applicable director’s order or have in the employ of, or otherwise under written contract to, the applicant, a person who has such knowledge; and (b) be a mechanic, or have in the employ of, or otherwise under written contract to, the applicant, a person who is capable of, (i) erecting the amusement devices to be operated by the applicant, and (ii) maintaining the amusement devices operated by the applicant.  O. Reg. 249/08, s. 5. (3) Every person who carries on the business of operating an amusement device shall obtain and maintain public liability insurance in respect of the business in an amount not less than $2,000,000 per occurrence from an insurer licensed under the Insurance Act or under similar legislation of another Canadian jurisdiction.  O. Reg. 249/08, s. 5. (4) Each licence to carry on the business of operating an amusement device expires one year immediately following the date on which it was issued, unless otherwise stated in the licence.  O. Reg. 221/01, s. 5 (4). (5) A licence holder shall provide the personnel and any devices, such as test load and measuring devices, that are required for the carrying out of the inspection.  O. Reg. 221/01, s. 5 (5).
Permit to operate an amusement device
 6. (1) An application for a permit for an amusement device or a renewal of such a permit shall be in the form published by the designated administrative authority and be accompanied by the fee set by the authority.  O. Reg. 221/01, s. 6 (1). (2) It is a condition for the issuing of a permit for an amusement device that, (a) the applicant be a licence holder; (b) the amusement device to which the permit relates meet the requirements of subsections 8 (1) and (2); (c) the applicant file with the director an operating schedule that is in accordance with subsection (4) and comply with section 7 where there is a change in the operating schedule; (d) the amusement device to which the permit relates be in compliance with this Regulation; and (e) the applicant pay the fee set by the designated administrative authority.  O. Reg. 221/01, s. 6 (2). (3) It is a condition for the renewal of a permit that, (a) the applicant be a licence holder; (b) the amusement device to which the permit relates meet the requirements of section 8; (c) the amusement device be maintained in accordance with the requirements of section 8; (d) the technical dossier required under section 9 be updated in accordance with section 10; and (e) the applicant file with the director an operating schedule that is in accordance with subsection (4).  O. Reg. 221/01, s. 6 (3). (4) For the purposes of this section, an operating schedule shall include, (a) the location or locations in Ontario where the amusement device will be operated; (b) the operating dates of the amusement device for the calendar year; and (c) the date or dates for the erection or dismantling of an amusement device that is designed to be moved from place to place.  O. Reg. 221/01, s. 6 (4); O. Reg. 249/08, s. 6 (1). (5) A permit expires one year immediately following the date on which it is issued unless otherwise stated on the permit.  O. Reg. 221/01, s. 6 (5). (6) A permit shall be kept in the vicinity of the amusement device to which it relates.  O. Reg. 221/01, s. 6 (6). (7) Revoked:  O. Reg. 249/08, s. 6 (2).
Operating schedule
 7. A change in the operating schedule of a licence holder shall be forwarded by the licence holder to the director, (a) forthwith by telephone, fax or other means of electronic communication, if the change is to occur within 14 days of the licence holder becoming aware of the change; or (b) in writing, if the change is not to occur within 14 days of the licence holder becoming aware of the change.  O. Reg. 221/01, s. 7.
Conditions for permit
 8. (1) It is a condition for the issuing of a permit for an amusement device that,  (a) the applicant file with the director, (i) a technical dossier in accordance with section 9, or (ii) in the case of a device for which the director has a type certification on file, an application form for the device and a letter from the manufacturer of the device stating that the safety features of the device are identical to those of the type certified; (b) the device be erected by or under the direct supervision of a mechanic; (c) after the device is erected, the licence holder carry out or have carried out by a mechanic an examination of the device to ensure that it complies with the technical dossier or type certification referred to in clause (a) and conforms to this Regulation.  O. Reg. 249/08, s. 7 (1). (2) Upon the conditions set out in subsection 6 (2) and subsection (1) being satisfied, the director shall issue a permit for the amusement device.  O. Reg. 221/01, s. 8 (2). (3) Where a permit is issued for an amusement device, the licence holder who applied for the permit shall affix to the device the permit number in the form of a plate supplied by the director.  O. Reg. 221/01, s. 8 (3); O. Reg. 249/08, s. 7 (2). (4) An applicant for a permit for an amusement device who makes the application more than five years after a permit for the device was last obtained shall file with the director an amendment to the technical dossier consisting of a statement by the manufacturer of the device or the licence holder that the safety features of the device have been altered to conform with the recommendations of the manufacturer made subsequent to the filing of the technical dossier and with this Regulation.  O. Reg. 249/08, s. 7 (3). (5), (6) Revoked:  O. Reg. 249/08, s. 7 (3).
Alteration
 10. (1) A licence holder shall submit the documents set out in subsection (2) to the director if the licence holder proposes to alter the structural design, the inherent safety or the operational characteristics of an amusement device for which a permit has been issued by, without limiting the generality of the foregoing, (a) changing the maximum capacity or speed of an amusement device; (b) changing the load bearing structure of an amusement device; (c) changing the source of power for the main drive or control mechanism of an amusement device; (d) changing the method of guiding the passenger-carrying units of an amusement device; (e) changing the use of an amusement device from a primary use by adults to children and vice versa; (f) relocating an amusement device that was originally designed as non-portable; (g) changing an amusement device from ground-mounted to trailer-mounted or vice versa if the change would require an alteration in the design or the operational characteristics of the device, including a change to the area peripheral to the device if that area is accessible to the public; (h) replacing passenger carrying units with passenger carrying units differing from original design or manufacture; or (i) adding passenger carrying units to an amusement device with passenger carrying units differing from original design or manufacture.  O. Reg. 221/01, s. 10 (1); O. Reg. 249/08, s. 9. (2) The documents to be submitted under subsection (1) are, (a) a detailed description of the proposed alteration; and (b) all documents required to be filed as part of the technical dossier under subsection 9 (2) that relate to the proposed alteration.  O. Reg. 221/01, s. 10 (2). (3) A licence holder who proposes to make an alteration described in subsection (1) shall ensure that, (a) the alteration is made by or under the direct supervision of the licence holder; (b) the alteration is carried out in conformity with the requirements of this Regulation; and (c) the amusement device is inspected by an inspector prior to being put into operation after the alteration is made.  O. Reg. 221/01, s. 10 (3). (4) If, after a permit has been issued for an amusement device, the licence holder proposes to make an alteration to it, other than an alteration described in subsection (1), that affects the data contained in the technical dossier for the device, the holder shall submit to the director an amendment
to the technical dossier outlining the alteration, (a) forthwith, if the alteration is an alteration that affects the safe operation of the device; or (b) at the time that the licence holder applies for a renewal of the permit for the device, if the alteration is not an alteration that affects the safe operation of the device.  O. Reg. 221/01, s. 10 (4). (5) A permit holder who proposes to make an alteration to an amusement device in accordance with subsection (4) shall ensure that, (a) the proposed alteration is in conformity with this Regulation; and (b) the proposed alteration complies with the manufacturer’s specifications or is approved by a professional engineer.  O. Reg. 221/01, s. 10 (5).
Erection and maintenance
 11. (1) With respect to each amusement device that a licence holder operates or intends to operate, the licence holder shall ensure that, (a) the erection of the amusement device is carried out in accordance with the procedures set out in this section and the technical dossier for the amusement device required under section 9; (b) no erection or maintenance is performed unless the work is performed by a mechanic or by a mechanic-in-training under the supervision of a mechanic; (c) no mechanic is assigned work that is beyond the scope of the mechanic’s experience and training; and (d) the amusement device is not used or operated unless it is maintained in accordance with the procedures set out in the technical dossier with respect to the amusement device and with this section.  O. Reg. 221/01, s. 11 (1). (2) A licence holder shall ensure that each amusement device operated by the licence holder is maintained in such a manner and as often as is necessary to ensure that the amusement device is in safe operating condition having regard to, (a) the inherent quality and condition of the amusement device; (b) the manufacturer’s recommendations for maintenance of the amusement device; and (c) the frequency and method of usage of the amusement device.  O. Reg. 221/01, s. 11 (2). (3) A licence holder shall ensure that the maintenance of each amusement device operated by the licence holder includes, (a) the carrying out of all safety-related recommendations issued by the manufacturer with respect to the amusement device; (b) the checking and examination of all parts and functions at intervals sufficient to ensure the safe operation of the amusement device; (c) the cleaning, lubricating and adjusting of all parts at intervals sufficient to ensure the safe operation of the amusement device; and (d) the repairing or replacing of worn, defective, damaged or broken parts on the amusement device.  O. Reg. 221/01, s. 11 (3). (4) If maintenance referred to in subsection (3) is carried out on an amusement device, the licence holder shall ensure that it is in safe operating condition and take all steps and reasonable precautions to ensure that the parts and functions will remain in safe operating condition until the next scheduled inspection and examination.  O. Reg. 221/01, s. 11 (4). (5) No mechanic shall undertake work on an amusement device that is beyond the scope of the mechanic’s experience and training.  O. Reg. 221/01, s. 11 (5). (6) If a part of an amusement device is replaced for any reason, the replacement part shall be at least equivalent in strength and function to the original supplied by the manufacturer.  O. Reg. 221/01, s. 11 (6).
Notice to director in case of defect
 12. Where a manufacturer of an amusement device or a licence holder discovers a defect in a part or component of the device that is related to its safe operation or usage and that part or component is replaced, the manufacturer or permit holder, as the case may be, shall forthwith notify the director, in writing, stating the nature of the defect and the details of any action taken with respect to the part or component.  O. Reg. 221/01, s. 12.
Operation of amusement devices
 13. (1) No person shall operate an amusement device or cause or permit it to be operated, (a) if the device is not safe to operate; (b) in an unsafe manner; or (c) using an unsafe practice.  O. Reg. 221/01, s. 13 (1). (2) No person shall, without the director’s consent, operate or cause or permit the operation of an amusement device that is involved in an incident that results in the death of or serious injury to a person.  O. Reg. 221/01, s. 13 (2); O. Reg. 249/08, s. 10 (1). (3) No person shall remove, displace, interfere with or damage any device installed in or about an amusement device for its safe operation.  O. Reg. 221/01, s. 13 (3). (4) No person shall behave in or on an amusement device or do any work on an amusement device in such manner as to, (a) impair the safe operation of the device; or (b) endanger any person.  O. Reg. 221/01, s. 13 (4). (5)-(7) Revoked:  O. Reg. 249/08, s. 10 (2).
Duty of licence holder and log books
 14. (1) A licence holder shall ensure with respect to each amusement device operated by the licence holder that, (a) the device is operated in accordance with this Regulation, the technical dossier filed with the director and the manufacturer’s instructions, where applicable, relating to the device; (b) before the device is opened to the public each day, it is inspected and tested in accordance with the technical dossier and manufacturer’s instructions, where applicable, relating to the device; (c) a record of each inspection and test that is carried out on the device is kept in a log book.  O. Reg. 221/01, s. 14 (1). (2) A record referred to in clause (1) (c) shall be signed by the person performing the inspection or test, or that person’s supervisor, attesting to the carrying out of the inspection or test.  O. Reg. 221/01, s. 14 (2). (3) In addition to a record of daily inspections and tests, the log book shall contain, (a) results of all other inspections and tests on the amusement device; (b) daily records of the operation of the amusement device, including all data concerning incidents involving the device; and (c) maintenance records, including all data concerning changes and improvements carried out on the device.  O. Reg. 221/01, s. 14 (3); O. Reg. 249/08, s. 11. (4) A log book shall be kept for a period of at least six years from the date of the last entry in the log book.  O. Reg. 221/01, s. 14 (4). (5) That portion of a log book that covers the 12-month period previous to the date of the last entry in the log book shall be kept at the location of the amusement device to which it relates.  O. Reg. 221/01, s. 14 (5). (6) A licence holder shall ensure that copies of the last inspection report prepared by an inspector under the Act, the licence to carry on the business of operating amusement devices, the permit for the amusement device, the technical dossier and any manufacturer’s bulletins relating to the amusement device are available to the inspector for inspection purposes in the vicinity of the amusement device to which it relates.  O. Reg. 221/01, s. 14 (6). (7) Signs describing rider responsibility shall be posted at or near the amusement device as required by the director.  O. Reg. 221/01, s. 14 (7).
Training records
 14.1 (1) A licence holder shall ensure that a record of training provided to operators and attendants on amusement devices operated by the licence holder is kept in the log book referred to in section 14.  O. Reg. 249/08, s. 12. (2) The record shall indicate, (a) the date of the training and the specific device on which the training took place; (b) the printed name of the supervisor who conducted the training and the printed name of the trainee; (c) a statement signed by the supervisor that the trainee is competent to perform the assigned duties after having taken the training specified in a documented training procedure that includes the manufacturers’ recommendations.  O. Reg. 249/08, s. 12.
Attendants and operators
 15. (1) A licence holder shall appoint a sufficient number of operators and attendants in respect of each amusement device operated by the holder to ensure that they are operated safely and in accordance with this Regulation.  O. Reg. 221/01, s. 15 (1). (2) A licence holder shall ensure that the attendants and operators of the holder are readily identifiable.  O. Reg. 221/01, s. 15 (2). (3) A licence holder shall ensure that, (a) each operator of an amusement device of the holder has such knowledge, training and experience that, (i) he or she is able to operate it safely without supervision, and (ii) he or she is aware of the hazardous situations that may occur with respect to persons using the amusement device to which the operator is assigned; (b) each attendant of an amusement device of the holder has such knowledge, training and experience that, (i) he or she is able to carry out his or her responsibilities without supervision, and (ii) he or she is aware of the hazardous situations that may occur with respect to persons using the amusement device to which the attendant is assigned.  O. Reg. 221/01, s. 15 (3). (4) An attendant who is assigned to an amusement device shall, (a) be located in the area or at the position required by the manufacturer of the device or by the licence holder; (b) be responsible for the safe functioning and use of the amusement device or component that is within the scope of the attendant’s duties as assigned by the licence holder in the technical dossier; (c) ensure that persons move safely to or from the device; (d) ensure that persons using the device are adequately instructed with respect to the use of the area and components under the attendant’s supervision; and (e) ensure that all components of the device are engaged in order to fulfil their respective purposes and that all necessary safety measures in the circumstances are taken before a signal to operate is given to the operator or person using the device.  O. Reg. 221/01, s. 15 (4). (5) An operator shall be responsible for the safe operation and use of the amusement device or part of it to which he or she is assigned.  O. Reg. 221/01, s. 15 (5). (6) No operator assigned to an amusement device shall, (a) operate or initiate the operation of the device unless signalled by an attendant that it is ready for operation or unless the operator is otherwise satisfied that all necessary safety measures in the circumstances have been taken to ensure the safe operation of the device; (b) operate more than one amusement device at a time; or (c) while on duty, leave the controls of the device unattended without taking measures to prevent the unauthorized operation of the device and ensure its safe operation.  O. Reg. 221/01, s. 15 (6). (7) A rider who has direct control over the starting, stopping and speed of a passenger carrying unit of an amusement device is not an operator despite the definition of “operator” in subsection 1 (1).  O. Reg. 221/01, s. 15 (7).
Inspections
 16. (1) An amusement device shall be inspected by an inspector at such intervals as may be determined by the director to ensure that the device is safe.  O. Reg. 221/01, s. 16 (1). (2) The licence holder shall provide the labour, test load, measuring and other devices necessary for the inspection of the amusement device and pay the inspection fee set by the designated administrative authority.  O. Reg. 249/08, s. 13. Incidents