jswizzle3737/ontario_laws_and_regs huggingface dataset:
Exemptions
3. (1) REPEALED: 1994, c. 27, s. 95 (3). Powers of inspection (2) The chief officer, an inspector or any person authorized in writing by the Minister may enter and inspect any building or premises where he or she has reason to believe a plant is being installed or operated. R.S.O. 1990, c. O.42, s. 3 (2).
Information
4. (1) The chief officer may, for the purposes of this Act, require a user or a manufacturer of a boiler or prime mover, (a) to furnish him or her with information; or (b) to perform tests to establish the proper Therm-hour rating of a boiler or prime mover. Rating by actual test (2) Where a test to establish the Therm-hour rating is performed under clause (1) (b) in a manner satisfactory to the chief officer, the rating as established by the test is the Therm-hour rating, despite sections 10, 11 and 12. R.S.O. 1990, c. O.42, s. 4.
Registration of plants
5. (1) Every user of a plant shall, before operating it, register it with the chief officer. Idem (2) Where two or more plants of a user are located on the same premises, such plants shall, unless the chief officer determines otherwise, be registered as one plant. R.S.O. 1990, c. O.42, s. 5.
Certificates of registration
6. (1) The chief officer, upon receiving an application and payment of the fee, shall issue to the user of a plant a certificate of registration. Contents of certificates of registration (2) Every certificate of registration shall show, (a) the registration number; (b) the name of the user of the plant; (c) the Therm-hour rating of the plant; (d) the maximum pressures at which the safety valves on boilers, compressors or refrigeration compressors are respectively set to relieve pressure; and (e) the classes of operating engineers or operators required for the plant. R.S.O. 1990, c. O.42, s. 6.
Display of certificate of registration
7. The user of a plant shall conspicuously display its certificate of registration in the engine room, compressor room or boiler room of the plant. R.S.O. 1990, c. O.42, s. 7.
Registration
8. Where the setting of a safety valve or Therm-hour rating of a registered plant is changed, the user of the plant shall notify the chief officer in writing within fifteen days with full particulars of the change and where the change is sufficient to change the classes of operating engineers or operators required for the plant, the user shall return the certificate of registration together with the prescribed plant registration application form and the prescribed fee, whereupon the chief officer shall issue a new certificate of registration for the plant. R.S.O. 1990, c. O.42, s. 8.
Conversion of existing plants to Therm-hour rating
9. The registered horsepower of every plant or part thereof in use on the 16th day of June, 1969 shall be converted from a horsepower basis to a Therm-hour basis in accordance with the following provisions: 1. The Therm-hour rating of a boiler, other than an electric boiler, is the horsepower of the boiler shown on the certificate of registration for the plant under the predecessor of this Act multiplied by 2 and divided by 3. 2. The Therm-hour rating of an electric boiler is the horsepower of the boiler shown on the certificate of registration for the plant under the predecessor of this Act divided by 3. 3. The Therm-hour rating of the prime mover of any type of compressor is the brake horsepower of the prime mover of the compressor shown on the certificate of registration for the plant under the predecessor of this Act multiplied by 0.02544. 4. The Therm-hour rating of a plant having boilers only is the total of the Therm-hour ratings of its boilers. 5. The Therm-hour rating of a plant having any type of compressors but no boilers is the total of the Therm-hour ratings of the prime movers of its compressors. 6. The Therm-hour rating of a plant having boilers and any type of compressors is the horsepower rating of the plant shown on its certificate of registration under the predecessor of this Act multiplied by 2 and divided by 3. R.S.O. 1990, c. O.42, s. 9.
Definitions
10. (1) In this section, “altered” means that the maximum capacity of the boiler to heat water or to generate or heat steam while in normal continuous operation has been changed; (“modifiée”) “installed” means that the boiler is so placed and so equipped that in the opinion of the chief officer it is ready for use, and “reinstalled” has a corresponding meaning. (“installée”, “réinstallée”) Therm-hour rating, boilers (2) The Therm-hour rating of a boiler, other than an electric boiler, that is installed, reinstalled or altered on or after the 16th day of June, 1969 shall be the maximum number of British thermal units in the total heat content of the water or steam entering its inlet subtracted from the total heat content of the water or steam leaving its outlet per hour, as determined by its manufacturer for its normal, continuous operation, divided by 100,000. Idem, electric boilers (3) The Therm-hour rating of an electric boiler that is installed, reinstalled or altered on or after the 16th day of June, 1969 shall be the maximum number of kilowatts supplied to the boiler per hour, as determined by its manufacturer for its normal, continuous operation, multiplied by 3413 and divided by 100,000. R.S.O. 1990, c. O.42, s. 10.
Therm-hour rating, prime movers
11. The Therm-hour rating of a prime mover, other than an electric motor or an internal combustion engine, is the maximum brake horsepower, as determined by its manufacturer for its normal, continuous operation, multiplied by 0.02544. R.S.O. 1990, c. O.42, s. 11.
Therm-hour rating, electric motors
12. (1) The Therm-hour rating of an electric motor is the lesser of, (a) the maximum brake horsepower, as determined by its manufacturer for its normal, continuous operation, multiplied by 0.02544; or (b) the maximum kilowatt rating of the motor, as determined by its manufacturer for its normal, continuous operation, modified where necessary for the type of service in which it is used, multiplied by 0.03413. Idem, internal combustion engines (2) The Therm-hour rating of an internal combustion engine is, (a) the maximum brake horsepower, as determined by the engine manufacturer for its normal, continuous operation, multiplied by 0.02544; or (b) where the manufacturer of the engine has not determined its maximum brake horsepower for its normal, continuous operation, the Therm-hour rating is the product of the following formula multiplied by 0.02544:  Exception (3) Where, in the opinion of the chief officer, the Therm-hour rating of an engine cannot be determined under clause (2)(b), the chief officer may establish the Therm-hour rating of the engine. R.S.O. 1990, c. O.42, s. 12.
Therm-hour rating, plants
13. (1) The Therm-hour rating, (a) of a stationary power plant is the total of the Therm-hour ratings of its boilers and of the prime movers of its compressors; (b) of a low-pressure stationary plant is the total of the Therm-hour ratings of its boilers and of the prime movers of its compressors; (c) of a compressor plant that has motive power other than steam is the total of the Therm-hour ratings of the prime movers of its compressors; (d) of a refrigeration plant that has motive power other than steam is the total of the Therm-hour ratings of the prime movers of its compressors; (e) of a steam-powered plant is the total of the Therm-hour ratings of its prime movers. Exceptional cases (2) Where a plant does not fall within one of the clauses of subsection (1), its Therm-hour rating shall be determined by the chief officer. Idem, combination plants (3) Where two or more plants of a user are located on the same premises and are registered as a plant, its Therm-hour rating is the total of the Therm-hour ratings of such plants. R.S.O. 1990, c. O.42, s. 13.
Classes of operating engineers
14. (1) Operating engineers shall be classified as follows: 1. Stationary engineer (fourth, third, second or first class). Classes of operators (2) Operators shall be classified as follows: 1. Compressor operator. 2. Refrigeration operator (B or A class). R.S.O. 1990, c. O.42, s. 14.
Trainees
16. A person who is obtaining qualifying experience for his or her first certificate of qualification may not perform work in connection with the actual operation of a plant except under the personal direction and supervision of an operating engineer or operator. R.S.O. 1990, c. O.42, s. 16.
Shift operators for compressors in stationary plants
17. Where a low-pressure stationary plant or stationary power plant has a compressor or a refrigeration compressor, the user of the plant may employ one or more compressor operators or one or more refrigeration operators, as the case may be, as shift operator or shift operators for the compressor. R.S.O. 1990, c. O.42, s. 17.
Absence due to sickness or holidays
18. Where an operating engineer or operator is absent from the plant due to sickness or while on holidays, an operating engineer or operator holding a certificate not more than one class lower than the certificate of the operating engineer or operator who is absent may, during the absence, operate the plant for not more than thirty days per year or such greater number of days per year as the chief officer may authorize in writing in any particular case. R.S.O. 1990, c. O.42, s. 18.
Temporary absences
19. While a plant is in operation, an operating engineer or an operator qualified to be in charge of the plant shall be present in its boiler room, compressor room or engine room, as the case may be, or, where the plant is not enclosed, he or she shall be present in its immediate vicinity, (a) unless an operating engineer or an operator holding a certificate of qualification that is not more than one class lower is present during his or her absence; or (b) unless his or her absence is authorized by the regulations, and unless, in either case, the operating engineer or operator is satisfied at the time of his or her leaving the plant that it is operating safely. R.S.O. 1990, c. O.42, s. 19.
Increase in Therm-hour rating
20. Where a plant has been operated by an operating engineer or operator in compliance with this Act and the regulations and the Therm-hour rating of the plant is increased so that the operating engineer or operator, as the case may be, is no longer qualified to operate the plant and he or she has operated the plant continuously for three consecutive years immediately before the increase, he or she may continue to operate the plant for such period and under such terms and conditions as the regulations prescribe. R.S.O. 1990, c. O.42, s. 20.
Certificate of qualification
21. (1) The chief officer shall issue, in accordance with the regulations, a certificate of qualification to any person who, (a) shows proof satisfactory to the chief officer of having acquired the qualifying experience required by the regulations; (b) passes the examination conducted by the chief officer, or furnishes evidence that he or she has successfully completed a course of training that the Minister has approved for the purpose upon the advice of the board of review; and (c) pays the fee prescribed by the regulations. Term (2) Every certificate of qualification remains in force as prescribed by the regulations. R.S.O. 1990, c. O.42, s. 21.
Certificate of qualification
22. (1) The chief officer shall, upon payment of the fee prescribed by the regulations, issue a certificate of qualification to every person who applies therefor and holds a subsisting certificate issued by another province or territory of Canada that qualifies the person to perform the work or duties of an operating engineer or operator in such province or territory. Idem (2) The certificate of qualification issued under subsection (1) shall be of a class that authorizes the holder of the certificate to perform the work and duties that, in the opinion of the chief officer, the holder is qualified to perform in Ontario having regard to the qualifications prescribed by the regulations for applicants for certificates of qualification. R.S.O. 1990, c. O.42, s. 22.
Cancellation or suspension of certificate of qualification
23. Subject to section 24, the chief officer may cancel or suspend a certificate of qualification if the operating engineer or operator, (a) is habitually intemperate in his or her use of alcoholic beverages or is addicted to the use of drugs; (b) operates a plant when his or her ability to do so is impaired by alcohol or a drug; (c) is declared to be mentally incompetent or becomes physically incapable of safely performing his or her duties; (d) is incompetent or negligent in the discharge of his or her duties as an operating engineer or operator; (e) has obtained his or her certificate through misrepresentation or fraud; (f) maliciously destroys his or her employer’s property; (g) allows another person to operate under his or her certificate; (h) attempts to obtain a certificate by false means for another person; (i) fails to give the notice required by section 30; (j) leaves the employ of his or her employer without having given the employer at least seven days notice in writing of his or her intention to leave; (k) furnishes information for the use of the chief officer respecting an applicant for a certificate without knowing that the information is true; or (l) contravenes any of the provisions of this Act or the regulations. R.S.O. 1990, c. O.42, s. 23.
Parties
25. (1) The chief officer, the holder of the certificate 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 24. Notice of hearing (2) Notice of a hearing under section 24 shall afford to the holder of the certificate a reasonable opportunity to show or to achieve compliance before the hearing with all lawful requirements for the retention of the certificate. Examination of documentary evidence (3) A holder of a certificate who is a party to proceedings under section 24 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. Recording of evidence (4) The oral evidence taken before the judge at a hearing shall be recorded and, if so required, copies of a transcript thereof shall be furnished upon the same terms as in the Ontario Court (General Division). Findings of fact (5) 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. O.42, s. 25.
Appeal from decision of judge to court
26. (1) Any party to proceedings before a judge under section 24 may appeal from the decision or order of the judge to the Divisional Court in accordance with the rules of court. Records to be filed in court (2) Where notice of an appeal is served under this section, the judge shall forthwith file in the Ontario Court (General Division) the record of the proceedings before him or her in which the decision or order was made, which together with the transcript of the evidence before the judge if it is not part of the record of the judge, shall constitute the record in the appeal. Minister entitled to be heard (3) 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 (4) 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 chief officer 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 chief officer 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. O.42, s. 26.
Appeal from decision of chief officer
27. (1) Any person who deems themself aggrieved by a decision of the chief officer under this Act or the regulations may, within ten days after the decision comes to the person’s attention, appeal to a judge of the Ontario Court (General Division) by notice in writing sent by prepaid mail to the chief officer and the judge. R.S.O. 1990, c. O.42, s. 27 (1); 1993, c. 27, Sched. Powers of judge on appeal (2) Where a person has appealed to a judge under subsection (1), the judge shall appoint a time for a hearing and shall hear the appeal and may affirm, rescind or vary the decision of the chief officer and may direct the chief officer to take any action that he or she is authorized to take under this Act or the regulations and as the judge considers proper, and for such purpose the judge may substitute his or her opinion for that of the chief officer. Application of s. 24 (3) Subsection 24 (6) applies with necessary modifications to an appeal under this section. Parties (4) The chief officer, the appellant and such other persons as the judge may specify are parties to an appeal under this section. Decision of judge final (5) A decision of a judge under this section is final. R.S.O. 1990, c. O.42, s. 27 (2-5).
Effect of decision pending disposal of appeal
28. The bringing of an appeal under section 26 or 27 does not affect the operation of the decision appealed from pending disposition of the appeal. R.S.O. 1990, c. O.42, s. 28.
Posting of certificates
29. Every operating engineer or operator shall display conspicuously his or her certificate of qualification in the engine room, compressor room or boiler room of the plant in which the operating engineer or operator works. R.S.O. 1990, c. O.42, s. 29.
Duty to notify of absence
30. Every operating engineer or operator who, (a) knows that he or she will be absent from his or her duties; or (b) is unable to commence or continue his or her duties, shall immediately make every reasonable effort in the circumstances to so notify the chief operating engineer or chief operator or shift engineer or shift operator, or, if none, the employer. R.S.O. 1990, c. O.42, s. 30.
Prohibitions, operation by other than operating engineer or operator
31. (1) No person other than an operating engineer who holds a certificate of qualification shall perform the work and duties of an operating engineer, and no person other than an operating engineer or operator who holds a certificate of qualification shall perform the work and duties of an operator. Employment of unqualified persons prohibited (2) No person shall employ, (a) any person who is not an operating engineer to perform the work and duties of an operating engineer or operator, or any person who is not an operator to perform the work and duties of an operator; or (b) any operating engineer or operator to operate a plant that he or she is not qualified under this Act to operate. Work prohibited, unless qualified therefor (3) No operating engineer or operator shall perform any work or duties of an operating engineer or operator that he or she is not qualified under this Act to perform. R.S.O. 1990, c. O.42, s. 31.
Operation of plants
32. No person shall use or operate a plant or cause a plant to be used or operated except in accordance with this Act and the regulations. R.S.O. 1990, c. O.42, s. 32.
False statements
33. No person shall knowingly make a false statement or entry in an application, log book or document required by this Act or the regulations to be submitted or kept or knowingly furnish information under this Act or the regulations that is false, or knowingly make use of any such false statement, entry or information. R.S.O. 1990, c. O.42, s. 33.
Offences
34. (1) Every person who contravenes or fails to comply with any of the provisions of this Act or the regulations, fails to comply with an order of an inspector or hinders or obstructs any person in the performance of his or her duties under this Act or the regulations is guilty of an offence and on conviction is liable to a fine of not more than $10,000 or to imprisonment for a term of not more than twelve months, or to both. Continuing offence (2) Where the circumstances constituting an offence against this Act continue from day to day and a prosecution has been commenced in respect of the offence, the offence shall be deemed to have been repeated on each day the circumstances continue. R.S.O. 1990, c. O.42, s. 34. 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. 23.
Board of review
35. (1) The Lieutenant Governor in Council may appoint a board of review consisting of a chair and equal numbers of representatives of plant users and operating engineers, (a) to advise the Minister as to the effectiveness of the Act and regulations in ensuring safety in connection with the operation of plants; (b) to evaluate and advise the Minister as to equipment and operating procedures in ensuring safety in connection with the operation of plants; (c) to advise the Minister, management and labour in connection with the training and employment of operating engineers and operators. Terms of office and remuneration (2) The Lieutenant Governor in Council may fix the terms of office and the remuneration of the members of the board of review. Vacancies (3) The Lieutenant Governor in Council may fill any vacancy in the membership of the board of review. Responsible to Minister (4) The board of review is responsible to the Minister. R.S.O. 1990, c. O.42, s. 35.