34 (1) The Lieutenant Governor in Council may make regulations, (a)  prescribing any matter or thing required or permitted to be prescribed under this Act or otherwise referred to as being prescribed under this Act, other than a matter or thing described as prescribed in clause 35.1 (b); (a.1)  defining words and expressions used in this Act that are not otherwise defined in this Act; Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 34 (1) of the Act is amended by adding the following clause: (See: 2020, c. 14, Sched. 9, s. 19 (2)) (a.2)  exempting services from the application of section 3.19.1; (b)  regulating, governing and providing for the authorization of the design, fabrication, processing, handling, installation, operation, access, use, repair, maintenance, inspection, location, construction, removing, alteration, service, testing, filling, replacement, blocking, dismantling, destruction, removal from service and transportation of any thing, whether new or used, or a part of a thing, and any equipment or attachment used in connection with it; (c)  prohibiting any person from doing anything that is not in compliance with this Act, the regulations, a Minister’s order or an alternate rule; (d)  establishing the powers, duties and responsibilities of persons with respect to whom this Act, the regulations, a Minister’s order or an alternate rule apply; (e)  classifying, (i)  any thing or part of a thing referred to in this Act, the regulations, a Minister’s order or an alternate rule, and any equipment or attachment used in connection with it, and (ii)  persons and authorizations; (f)  governing the non-application of this Act, the regulations, or any part of them, or of a Minister’s order or an alternate rule to any person or thing or to any class of them, including the conditions of such non-application; (g)  requiring the payment of fees, costs and other amounts; (h)  establishing qualifications, training and experience for persons with respect to whom this Act, the regulations, a Minister’s order or an alternate rule apply, requiring that they obtain such qualifications, training and experience and establishing their duties and responsibilities; (i)  defining accident and classes of accidents and respecting and governing the reporting of accidents; (j)  providing for the isolation of things by means of seals or otherwise; (k)  prohibiting the sale, purchase, renting, installation and use of any thing to which this Act, the regulations, a Minister’s order or an alternate rule apply that does not bear the label of an organization designated by a director under clause 36 (3) (b); (l)  establishing a system of authorization numbers to be used for the identification of things and requiring inspectors and insurers to use such numbers for stamping or otherwise permanently identifying every thing inspected by them that does not have such a number; (m)  requiring welding operators to weld according to procedures established and approved by a director; (n)  governing the conduct of persons in or about elevating devices and amusement devices; (n.1)  establishing and governing standards of availability for elevating devices or classes of elevating devices, including standards for their repair and time requirements for their repair; (n.2)  specifying the persons who are responsible for ensuring compliance with the standards described in clause (n.1); (n.3)  defining outages as related to elevating devices or classes of elevating devices and governing the reporting of outages as related to elevating devices or classes of elevating devices, including specifying, (i)  the persons required to do the reporting, (ii)  the information that must be included in the reporting, and (iii)  form and time requirements for the reporting; (n.4)  requiring a director to establish one or more databases of information with respect to elevating devices or classes of elevating devices that include the specified information, which may include information about the standards of availability described in clause (n.1) that apply to the devices and the information reported under clause (n.3); (n.5)  requiring a director to make any or all of the databases described in clause (n.4) or the parts of them that are specified in the regulation accessible to the public in the specified way and governing that accessibility; (o)  requiring owners of pipelines to develop procedures for locating pipelines and providing for the establishment of such procedures by a director; (p)  governing proceedings under this Act or the regulations, including the right of the Corporation to recover from the parties to the proceedings the costs and expenses that it incurs in respect of the proceedings; (q)  respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Act; (r)  delegating to the Minister the power to make regulations with respect to any matter that may be the subject of a regulation made under clause (n.2). 2000, c. 16, s. 34 (1); 2009, c. 28, s. 12; 2017, c. 2, Sched. 12, s. 8 (2); 2018, c. 7, s. 22 (1, 2); 2019, c. 4, Sched. 7, s. 25; 2020, c. 14, Sched. 9, s. 19 (1). Residual authority to act (2) Despite any delegation to the Minister under clause (1) (r) and without having to revoke the delegation, the Lieutenant Governor in Council continues to have authority to make regulations in respect of the matter that is the subject of the delegation. 2018, c. 7, s. 22 (3). Making regulation not revocation (3) If the Lieutenant Governor in Council makes a regulation to which subsection (2) applies, the regulation does not have the effect of revoking a delegation under this section unless the regulation so specifies. 2018, c. 7, s. 22 (3). Minister’s regulations preserved (4) The Lieutenant Governor in Council may, by regulation, revoke a delegation to the Minister under clause (1) (r), but the revocation of a delegation does not result in the revocation of any regulation the Minister made under the delegated power before the revocation of the delegation. 2018, c. 7, s. 22 (3). Section Amendments with date in force (d/m/y) 2009, c. 28, s. 12 (1, 2) - 01/05/2010 2017, c. 2, Sched. 12, s. 8 (2, 3) - 22/03/2017 2018, c. 7, s. 22 (1)
- 07/05/2018; 2018, c. 7, s. 22 (2, 3)
- 01/07/2022 2019, c. 4, Sched. 7, s. 25 (1-4) - 03/04/2019 2020, c. 14, Sched. 9, s. 19 (1) - 14/07/2020; 2020, c. 14, Sched. 9, s. 19 (2) - not in force