SAFETY STANDARDS ACT

6 (1) Despite any other enactment, a local government may not adopt a bylaw concerning a standard that is or could be dealt with under this Act unless the bylaw is

(a) establish matters in relation to which local governments may exercise authority with regard to standards that could otherwise be dealt with under this Act,

(i) by specifying the matters in relation to which local governments may exercise the authority, or

(ii) by providing that the restriction under subsection (1) only applies in relation to specified matters;

(b) provide that the exercise of that authority is subject to the restrictions and conditions specified by the minister responsible or by a person designated by name or title in the regulation.

(3) The minister may enter into an agreement with a local government that has the same effect in relation to the local government as a regulation that could be made under subsection (2).

(b) the effect of the amendment or repeal is that bylaws that previously did not require approval under subsection (1) would now require that approval

those bylaws affected that were validly in force at the time of the amendment or repeal continue in force as if they had been approved by the minister.

(5) Subsection (1) applies to the amendment or repeal of a bylaw that is in force on the coming into force of this section.

Section Not in Force

Sections Not in Force

Transitional

90 (1) The Lieutenant Governor in Council may make regulations considered necessary or advisable for the purpose of more effectively bringing into operation the provisions of this Act and to prevent, minimize, address or resolve any transitional difficulties encountered in doing so, including but not limited to providing for the transition from

(2) For the purposes of transition, the Lieutenant Governor in Council may make regulations allowing a local government to temporarily continue its administration of gas systems and equipment or electrical equipment until it enters into an agreement under section 5.

(3) Despite section 85 and for the purposes of collecting fees on behalf of the government, the authority to which administration is delegated under section 84 is an agent of the government.

(4) A regulation under this section may be made retroactive to a date not earlier than the date on which this section comes into force.

Pilot equivalent standards agreements

"pilot equivalent standards agreement" means a written agreement between a person and the safety manager under this section in which an alternative approach to safety is substituted for a requirement under the Electrical Safety Act, the Elevating Devices Safety Act, the Gas Safety Act or the Power Engineers and Boiler and Pressure Vessel Safety Act, or the regulations under any of those Acts;

(b) the director under the Power Engineers and Boiler and Pressure Vessel Safety Act.

(2) The minister may make regulations the minister considers necessary in respect of pilot equivalent standards agreements including regulations authorizing a safety manager, on the request of a person, to enter into a pilot equivalent standards agreement on behalf of the government with the person if

(a) the safety manager considers that the proposed alternative approach to safety or proposed use of a regulated product would be consistent with the objectives of the Electrical Safety Act, the Elevating Devices Safety Act, the Gas Safety Act or the Power Engineers and Boiler and Pressure Vessel Safety Act, or the regulations under any of those Acts, and

(b) the proposed alternative approach or proposed use would not create any additional risk of personal injury or damage to property,

and in all the circumstances the safety manager is satisfied that the pilot equivalent standards agreement should be issued.

(3) A pilot equivalent standards agreement must take the form of a written agreement between the safety manager and the applicant.

(a) to any area of British Columbia other than an area where a local government is responsible for administering electrical safety or gas safety, and

(b) to more than one disciplines as defined under the Electrical Safety Act, the Elevating Devices Safety Act, the Gas Safety Act or the Power Engineers and Boiler and Pressure Vessel Safety Act.

(6) This Part is repealed on a date to be set by regulation of the Lieutenant Governor in Council.

Part 15 – Transitional Appropriation

Appropriation for allocation of long term fees to British Columbia Safety Authority

91.1 (1) In this section, “long term fees” means that portion of any fees that are collected by the government in respect of licences, permits or other permissions under any of the Electrical Safety Act, the Elevating Devices Safety Act, the Gas Safety Act or the Power Engineers and Boiler and Pressure Vessel Safety Act during the fiscal year of the government beginning April 1, 2003 and that relate to a licence period, permit period or other period that extends beyond that fiscal year.

(2) Despite the Financial Administration Act, revenue collected by the government as long term fees must be considered to have been collected by the government as agent for the authority under the Safety Authority Act and must be paid into the consolidated revenue fund.

(3) Despite the Financial Administration Act, money paid into the consolidated revenue fund under subsection (2) must be paid by the government out of the consolidated revenue fund to the authority under the Safety Authority Act without an appropriation other than this section.

(4) This Part is repealed on a date to be set by regulation of the Lieutenant Governor in Council.

Section(s)		Affected Act
92		Engineers and Geoscientists Act
93		Hydro and Power Authority Act
94		Pipeline Act
95 – 97		Railway Act
98 – 101		Vancouver Charter
102		Repeals

Commencement

103 This Act, except section 6 and Part 14, comes into force by regulation of the Lieutenant Governor in Council.

*Contents*
Section
	1	[Not in force]
Part 1
	2 – 3	[Not in force]
Part 2 — Administrative Responsibility
	4 – 5	[Not in force]
	6	Powers of local governments to adopt bylaws
	7	[Not in force]
Parts 3 to 13
	8 – 89	[Not in force]
Part 14 — Transitional Provisions
	90	Transitional
	91	Pilot equivalent standards agreements
Part 15 — Transitional Appropriation
	91.1	Appropriation for allocation of long term fees to British Columbia Safety Authority
	92 – 102	[Not in force]
	103	Commencement