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| This is part of an archived statute consolidation that is current to August 17, 2004 and includes changes enacted and in force by that date. |
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| SECTION | EFFECTIVE DATE | ||
| Act | April 1, 2004 | ||
Act BEFORE repealed by 2003-39-102(d) effective April 1, 2004 (BC Reg 136/04).
1 In this Act:
"accident" means an accident that
(a) arises from the operation, manufacture, installation, alteration or repair of equipment to which this Act applies, and
(b) results in damage to property or injury to or death of a person;
"advisory committee" means the Power Engineers and Boiler and Pressure Vessel Safety Advisory Committee continued under section 24;
"appeal board" means the Power Engineers and Boiler and Pressure Vessel Safety Appeal Board continued under section 26, and, except in sections 26, 28, 29 and 30, includes a panel established under section 28;
"boiler" means a vessel, including fittings, in which by the application of heat
(a) gas, steam or vapor is capable of being generated and pressurized, or
(b) a liquid is capable of being pressurized;
"certificate of competency" means a subsisting certificate that the director issues under section 16 or that was issued under the former Act;
"certificate of inspection" means a subsisting certificate that is issued under section 11 (1) (a) or that was issued under the former Act;
"chemical recovery boiler" means a boiler that is capable of being fuelled by the black liquor that results from the Kraft sulphate pulp manufacturing process;
"chief engineer" means a power engineer who has charge of and is primarily responsible for a plant;
"compressed gas" means a gas or a combination of gases that is contained under pressure whether or not the gases are liquefied, vaporized, dissolved or in any combination of these states;
"contractor" means a person who is in the business of constructing, installing, altering or repairing boilers, pressure vessels, pressure piping systems, fittings, plants or refrigeration equipment or any combination of them;
"director" means the person appointed as the director for the purposes of this Act;
"electric boiler" means a boiler heated by electricity;
"expansible fluid" means
(a) any vapor or gas, or
(b) any liquid that will change to a gas or vapor at atmospheric conditions;
"fitting" means a valve, gauge, regulating or controlling device, flange, pipe fitting, nozzle or thing that is attached to or forms part of a boiler, a pressure vessel, a pressure piping system or refrigeration equipment, but does not include pressure piping;
"former Act" means the Boiler and Pressure Vessel Act, R.S.B.C. 1979, c. 30;
"heating surface" means the area that transfers heat, as determined by the regulations, of a boiler or pressure vessel;
"inspecting power engineer" means the director and includes a person or class of persons designated by the director;
"interim certificate of inspection" means a subsisting certificate that is issued under section 11 (1) (b) or that was issued under the former Act for the temporary period set out on the certificate;
"low pressure hot water plant" means an assembly of hot water boilers that operate at a temperature of 121°C or less and at a pressure of 1 100 kPa or less and includes a pressure plant that is connected to the assembly of boilers;
"low pressure organic fluid plant" means an assembly of organic fluid boilers that
(a) operate at a temperature of 343°C or less, and
(b) have no valves or other obstruction to prevent circulation between the boiler and an expansion tank that is fully vented to the atmosphere
and includes a pressure plant that is connected to the assembly of boilers;
"low pressure steam plant" means an assembly of boilers that operate at a steam or other vapor pressure of 103 kPa or less and includes a pressure plant that is connected to the assembly of boilers;
"organic fluid boiler" means an organic fluid boiler as defined by the regulations;
"organic fluid plant" means an organic fluid plant as defined by the regulations;
"owner" includes a lessee;
"plant" means a power plant, pressure plant, low pressure hot water plant, low pressure steam plant, organic fluid plant and refrigeration plant;
"power engineer" means a person who holds a final or interim certificate of competency;
"power plant" means
(a) an assembly of one or more boilers in which steam, gas or vapor is generated at a pressure of more than 103 kPa,
(b) an assembly of one or more boilers containing liquid that has
(i) a working pressure exceeding 1 100 kPa,
(ii) a temperature exceeding 121°C, or
(iii) both a working pressure exceeding 1 100 kPa and a temperature exceeding 121°C, or
(c) an assembly of boilers composed of boilers referred to in paragraphs (a) and (b),
and includes ancillary equipment, pressure piping system, and a pressure plant that is connected to the assembly of boilers;
"pressure piping system" means pipes, tubes, conduits, gaskets, bolts and other components making up a system, the sole purpose of which is the conveyance of an expansible fluid under pressure and the control of the flow of an expansible fluid under pressure between 2 or more points;
"pressure plant" means an assembly of one or more pressure vessels and includes the engines, turbines, pressure piping systems, fittings, machinery and ancillary equipment of any kind used in connection with it or them;
"pressure vessel" means a vessel and its fittings, other than a boiler, that is capable of being used to contain, store, distribute, transfer, distill, process or otherwise handle gas, vapor or liquids under pressure, but does not include anything excluded by the regulations;
"refrigeration equipment" means machinery in which refrigerants are capable of being vaporized, compressed and liquefied;
"refrigeration plant" means an assembly of refrigeration equipment and includes a pressure plant connected to it;
"shift engineer" means a power engineer who is in charge of a plant under the supervision of a chief engineer;
"unfired boiler" means a boiler in which gas, steam or vapor may be generated for use external to the boiler by heat that arises from another vessel or substance and includes an electric boiler.
2 (1) Subject to this section, this Act applies in respect of every boiler, every pressure vessel, every pressure piping system, every fitting, every plant and all refrigeration equipment.
(2) This Act does not apply to any of the following:
(a) a boiler with a heating surface of 2 m2 or less in a power plant;
(b) a boiler with a heating surface of 3 m2 or less in a low pressure steam plant, a low pressure hot water plant or an organic fluid plant;
(c) a boiler that
(i) is capable of being used as a part of a hot water heating system, and
(ii) has no valves or other obstruction to prevent circulation of water between the boiler and an expansion tank that is fully vented to the atmosphere;
(d) a boiler used to heat a building that contains only 4 or fewer self contained residential units;
(e) a pressure vessel that is constructed so that it is capable of being used only at a pressure of 103 kPa or less;
(f) a pressure vessel that is 152 mm or less in diameter and 0.0425 m3 or less in volume;
(g) a pressure vessel that has an internal diameter of 610 mm or less and is used for the storage of hot water;
(h) a pressure vessel that is used exclusively for hydraulic purposes at an atmospheric temperature of less than 82°C;
(i) a prescribed refrigeration plant and a prescribed class of refrigeration plant;
(j) a distribution main or service pipe as defined in the Gas Safety Act or a pipeline as defined in the Pipeline Act.
(3) Part 7 does not apply to any of the following:
(a) a low pressure hot water plant with a heating surface of 75 m2 or less or a low pressure organic fluid plant with a heating surface of 75 m2 or less;
(b) an electric boiler that consumes 100 kW or less;
(c) a prescribed refrigeration plant and a prescribed class of refrigeration plant;
(d) a process
(i) in a petroleum refinery other than in a power plant that is part of the petroleum refinery, and
(ii) where the heat for the process is generated as a result of a reaction that is part of the process or burning.
3 (1) The director may designate as an inspecting power engineer any person or class of persons who meets the qualifications as may be prescribed by the minister for an inspecting power engineer.
(2) If the director is given a power or duty under this Act or the regulations, the director may authorize one or more inspecting power engineers to exercise or perform that power or duty on the conditions and in the circumstances the director determines.
Part 4 — Inspections and Investigations
4 An inspecting power engineer may, and if requested by the director must, inspect and investigate the design, construction, installation, maintenance, alteration, repair, testing, condition and operation of a boiler, pressure vessel, pressure piping system, fitting, plant and refrigeration equipment.
5 (1) For the purpose of inspecting or investigating a boiler, pressure vessel, pressure piping system, fitting, plant or refrigeration equipment, an inspecting power engineer may do one or more of the following:
(a) inspect records that in any way relate to its design, construction, testing, installation, alteration, inspection, maintenance, repair, condition and operation, and for that purpose may temporarily remove the records after notifying the person in charge of them;
(b) order the owner or person in charge to
(i) make full disclosure, either orally or in writing, of any matter respecting its design, construction, testing, installation, alteration, inspection, maintenance, repair, condition and operation, and
(ii) produce to the inspecting power engineer all records under the control of the owner or person in charge that in any way relate to the inspection or investigation;
(c) remove samples of any material or substance after notifying the owner or the person in charge of the material or substance.
(2) An inspecting power engineer may, in writing, order a person to stop the construction, installation, alteration, maintenance, repair, testing or operation of equipment that is carried out in a way contrary to this Act or the regulations.
(3) An inspecting power engineer may in writing order the chief engineer of a plant to close down the plant.
6 If in the opinion of an inspecting power engineer
(a) another inspection or the completion of an inspection of a plant, a portion of a plant or the procedures in a plant, or
(b) another examination or certification of a welder, boiler operator or power engineer
was caused by the failure of the owner of the plant or of the welder, boiler operator or power engineer to prepare adequately for the inspection, examination or certification, the owner must pay the expenses incurred by the inspecting power engineer for any repeat visits necessary to re-inspect or to complete the inspection, examination or certification including a prescribed daily charge.
7 At any reasonable time and after giving notice to the owner or person apparently in charge of any property, an inspecting power engineer may enter any property, other than a private dwelling, and inspect any boiler, pressure vessel, pressure piping system, fitting, plant or refrigeration equipment.
8 (1) A person must not refuse an inspecting power engineer admission to any property, other than a private dwelling, or obstruct or hinder an inspecting power engineer if he or she presents his or her certificate of appointment and is engaged in carrying out an inspection or investigation under this Act or the regulations.
(2) A person must not knowingly make a false or misleading statement, either orally or in writing, to an inspecting power engineer engaged in carrying out an inspection or investigation under this Act or the regulations.
9 (1) If an inspecting power engineer carries out an inspection or investigation under section 4, the owner, chief engineer or person designated by the chief engineer must ensure that
(a) there is a person in attendance who is capable of taking all the necessary precautions to ensure the safety of the inspecting power engineer,
(b) any safety equipment that the inspecting power engineer considers necessary is made available for the inspection,
(c) the equipment to be inspected is prepared in accordance with the regulations, and
(d) every employee gives the inspecting power engineer all reasonable assistance.
(2) If an inspecting power engineer requests the help of a power engineer in examining a plant, the power engineer must report all the defects that he or she knows to exist in the boilers, pressure vessels, pressure piping system, fittings and refrigeration equipment in the plant.
10 An inspecting power engineer must not knowingly issue a certificate of inspection or interim certificate of inspection that contains a false or misleading statement.
Part 5 — Certificate of Inspection
11 (1) If an inspecting power engineer considers that a boiler, a pressure vessel, a pressure piping system, a fitting, a plant or refrigeration equipment complies with this Act and the regulations, the inspecting power engineer may issue
(a) a certificate of inspection, or
(b) an interim certificate of inspection.
(2) The certificate of inspection or the interim certificate of inspection for a boiler, a pressure vessel, a pressure piping system, a fitting, a plant or refrigeration equipment must show the following:
(a) in the case of a boiler, pressure vessel or refrigeration equipment in a plant, its British Columbia identification number;
(b) the date on which the inspection was made by an inspecting power engineer;
(c) in the case of a boiler, a pressure vessel, a pressure piping system or refrigeration equipment, the maximum allowable operating temperature and pressure;
(d) any other condition under which the boiler, pressure vessel, pressure piping system, fitting, plant or refrigeration equipment is to be operated;
(e) other information the director may require.
(3) A person must not use or permit the use of any boiler, pressure vessel, pressure piping system, fitting, plant or refrigeration equipment contrary to a condition specified on the certificate of inspection or interim certificate of inspection.
(4) A person must not start the operation of a boiler, pressure vessel or plant unless the person holds for it
(a) a certificate of inspection, or
(b) an interim certificate of inspection.
(5) A certificate of inspection subsists until the earlier of
(a) a subsequent inspection, or
(b) revocation or suspension of the certificate under the regulations.
(6) An interim certificate of inspection subsists until the earlier of
(a) the period set out on the certificate, or
(b) revocation or suspension of the certificate under the regulations.
12 Every owner of and every person in charge of a plant must ensure that a certificate of inspection or interim certificate of inspection for a boiler, a pressure vessel or refrigeration equipment
(a) is placed adjacent to the boiler, pressure vessel or refrigeration equipment to which it relates in a location where it can be easily read, or
(b) is kept in a location approved by the inspecting power engineer.
13 If a boiler, a pressure vessel, refrigeration equipment or a refrigeration plant is sold or moved to another place, the owner must not transfer the certificate of inspection or the interim certificate of inspection to another person or place without the prior written approval of the director.
Part 6 — Construction, Installation, Sale, Alteration and Repair of Boilers,
Pressure Vessels, Plants and Refrigeration Equipment
14 (1) A person must not construct, repair, alter or install a boiler, a pressure vessel, a pressure piping system, a fitting, a plant or refrigeration equipment in British Columbia for use in British Columbia unless
(a) the original design and the altered design, if any, have been approved and registered in accordance with the regulations,
(b) it is constructed, installed, altered or repaired in accordance with that design,
(c) it is inspected, investigated and tested in accordance with the regulations, and
(d) the work is done in the manner required by the regulations
(i) by a contractor who is licensed under the regulations, or
(ii) by a person who is the owner of the premises and is registered under the regulations.
(2) A person who purchases or disposes of a boiler, a pressure vessel or refrigeration equipment for use in British Columbia must, within 30 days after the date of the purchase or disposition, give the director written notice of the purchase or disposition stating the information required by the director.
(3) An installation or alteration of refrigeration equipment or a pressure vessel in a refrigeration plant or of a boiler must not be started unless
(a) a contractor, or
(b) if there is no contractor for the installation or alteration, a person who is allowed to apply for a permit under the regulations
applies for a permit in the form and manner required by the director.
15 A person must not interfere with, render inoperative or remove any fitting that is required by this Act or the regulations to be part of a plant, except with the written consent of the director.
Part 7 — Certificates of Competency
16 (1) The director must issue, in accordance with the regulations, a final or interim certificate of competency of the appropriate class established under the regulations to all persons who have
(a) demonstrated their competence and proven their professional qualifications in accordance with the regulations,
(b) unless exempted by the director in accordance with the regulations, passed a written examination, and
(c) met the other requirements of the regulations.
(2) The director, in consultation with persons designated by the minister, may issue directives
(a) establishing the content of and the rules respecting the conduct and marking of the examination referred to in subsection (1), and
(b) approving courses of study that are necessary for certification under this Act and the regulations.
(3) For the purpose of this section, the regulations may establish different requirements for different classes of people and different circumstances.
17 A person must not operate a boiler or refrigeration equipment in a plant except under the supervision of a person who holds the class of certificate of competency that is required under the regulations for that size and type of plant.
18 (1) If in the opinion of the director there are insufficient power engineers to exercise satisfactory supervision of a plant, the director may order the owner or person in charge of the plant to employ sufficient power engineers having the certificate of competency required under the regulations to exercise satisfactory supervision.
(2) The owner of a plant must not require a power engineer to perform a duty not related to the operation of the plant if an inspecting power engineer considers that the performance of that duty may endanger the safety of the plant or the people in the plant or both.
19 On the request of an inspecting power engineer, the owner of a plant or its chief engineer must provide a written list of all the power engineers employed by the owner, their certificates of competency and their classifications and duties.
Part 8 — Powers of Chief Engineers
20 (1) With the prior approval of the director and the advisory committee, the owner or the chief engineer of a plant may
(a) permit a person who is not qualified under this Act and the regulations to temporarily operate any equipment that is in the plant and to which this Act applies, or
(b) leave the plant unattended.
(2) If, under subsection (1), an owner or chief engineer permits an unqualified person to operate equipment or a plant is left unattended, the owner or chief engineer must ensure that the plant is operated in compliance with this Act and the regulations.
21 A person working in a plant must follow the directions respecting the operation of the plant that are given by a shift engineer or chief engineer.
Part 9 — Accident Investigations
22 (1) If an accident involves equipment to which this Act applies, the owner or person in charge of the equipment must report the accident to the director and give the information that the director requests.
(2) A person must not remove or interfere with anything in, on or about the place where the accident occurred except
(a) insofar as it is necessary to prevent the death of or injury to a person or to protect property, and
(b) in accordance with the regulations.
23 (1) If in the opinion of the director it is necessary to investigate an accident, the director or a person designated by the director must investigate the accident.
(2) The person making the investigation under this section
(a) has all the protection, privileges and powers of a commissioner under sections 12, 15 and 16 of the Inquiry Act, and
(b) has all the powers of an inspecting power engineer under sections 4 to 8.
(3) The person making the investigation under this section may
(a) seize the equipment or documents that in his or her opinion are relevant to the investigation, and
(b) seize and seal any equipment and seal off the areas of the plant that he or she wishes to inspect.
Part 10 — Power Engineers and Boiler and Pressure Vessel
Safety Advisory Committee
24 (1) The Power Engineers and Boiler and Pressure Vessel Safety Advisory Committee is continued
(a) to advise the minister respecting
(i) this Act and the regulations, and
(ii) the safety of equipment to which this Act applies,
(b) to advise the director respecting suspension and revocation of certificates of competency,
(c) to advise the minister on the effectiveness of plant safety programs,
(d) to advise the minister respecting the qualifications, examinations and classifications of power engineers, inspecting power engineers, pressure welders, boiler and refrigeration plant operators and contractors, and
(e) to perform any other duties that the minister or director requests.
(2) The advisory committee is composed of the members appointed by the minister.
(3) The members hold office for a term, of not longer than 3 years, set by the minister.
(4) A member who is not a public service employee within the meaning of the Public Service Act must be reimbursed for reasonable out of pocket travelling and other expenses incurred in discharging the member's duties.
(5) The members must each year elect from among their members a chair, vice chair and secretary.
(6) Persons necessary to carry on the business of the advisory committee may be appointed under the Public Service Act.
Part 11 — Appeals and Power Engineers and
Boiler and Pressure Vessel Safety Appeal Board
25 (1) A person who is served with written notice of a decision, order or ruling of an inspecting power engineer, other than a decision, order or ruling of the director, may appeal the decision, order or ruling to the director within 30 days after the date the person is served.
(2) Any other person may, with leave of the director, appeal a decision, order or ruling of an inspecting power engineer, other than a decision, order or ruling of the director, to the director within 30 days after the date the decision, order or ruling was made.
(3) Written notice under this section or section 27 is conclusively deemed to be served if sent by registered mail to the last known address of the person.
(4) If service of written notice is by registered mail under this section or section 27, the notice is conclusively deemed to be served on the 14th day after deposit of the notice in the Canada Post Office at any place in Canada.
(5) On an appeal under this section, the director must review and must, by order, confirm, vary or reverse the inspecting power engineer's decision, order or ruling from which the appeal is made.
26 (1) The Power Engineers and Boiler and Pressure Vessel Safety Appeal Board is continued.
(2) The appeal board is composed of the members appointed by the minister.
(3) The minister may designate from among the members a chair and one or more persons as vice chair.
(4) The members hold office for a term, of not longer than 3 years, set by the minister.
(5) A member who is not a public service employee within the meaning of the Public Service Act
(a) may be paid remuneration set by the Lieutenant Governor in Council, and
(b) must be reimbursed for reasonable out of pocket travelling and other expenses incurred in discharging the member's duties.
27 (1) A person who is served with written notice of a decision, order or ruling of the director may appeal to the appeal board within 30 days after the date the person is served with the written notice or a longer period permitted by the appeal board.
(2) Any other person may, with leave of the appeal board, appeal a decision, order or ruling of the director to the appeal board within 30 days after the date the person is served with the written notice or a longer period permitted by the appeal board.
28 (1) The chair of the appeal board may establish one or more panels of the appeal board.
(2) A panel has the power and authority of the appeal board for matters referred to a panel by the chair or coming before the panel under the rules of the appeal board.
(3) Two or more panels may proceed with separate matters at the same time.
(4) The chair of the appeal board may
(a) refer a matter that is before the appeal board to a panel, or
(b) refer a matter that is before a panel to the appeal board or another panel.
(5) A panel of the appeal board consists of the chair or a vice chair of the appeal board and 2 or more other members of the appeal board.
(6) The chair of the appeal board may
(a) terminate an appointment to a panel, and
(b) fill any vacancy on a panel.
29 A quorum
(a) of the appeal board is 1/2 of the members of the appeal board, of whom one must be the chair or a vice chair of the appeal board, and
(b) of a panel is the chair or a vice chair of the appeal board and 2 other members of the panel.
30 (1) The chair of the appeal board must preside at meetings of the appeal board and of all panels of which he or she is a member.
(2) A vice chair must preside over all other panels.
(3) If there is no majority decision of the appeal board or a panel, the decision of the presiding chair is the decision of the appeal board or panel.
31 (1) In this section, "parties" means the appellant and the director.
(2) Unless the parties to an appeal agree otherwise, the appeal board must hear an appeal by holding a hearing at which both parties are entitled to be heard.
(3) If the parties to an appeal agree to hear an appeal in a manner other than under subsection (2), the appeal board may hear the appeal in the agreed manner.
32 For the purposes of this Act, the appeal board and each of its members has the protection, privileges and powers of a commissioner under sections 12, 15 and 16 of the Inquiry Act.
33 On hearing an appeal, the appeal board
(a) must confirm, vary or reverse the decision, order or ruling of the director, and
(b) may order the appellant or any other person to comply with its decision.
34 In any proceeding, a copy of a certificate of inspection or an interim certificate of inspection, signed by an inspecting power engineer, is evidence of the statements contained in it, without proof of the signature or the official character of the person appearing to have signed the copy.
35 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:
(a) respecting the installation, inspection, operation, condition, alteration, maintenance, transportation, repair, testing, sale and exchange of boilers, pressure vessels, pressure piping systems, fittings, plants and refrigeration equipment;
(b) respecting the design, including the approval and registration of designs and specifications, of boilers, pressure vessels, pressure piping systems, fittings, plants and refrigeration equipment;
(c) respecting the construction, including the materials to be used in construction, the method of construction, the tests that are applied before, during or after construction, and the marking or stamping, of boilers, pressure vessels, pressure piping systems, fittings, plants and refrigeration equipment;
(d) respecting the inspection and investigation of boilers, pressure vessels, pressure piping systems, fittings, plants and refrigeration equipment;
(e) respecting the apprenticeship, certification, classification and necessary qualifications of power engineers, boiler operators, refrigeration operators, pressure welders and contractors;
(f) establishing classes of interim, temporary, provisional and final certificates of competency for power engineers, boiler operators, refrigeration operators, pressure welders or other categories of people working in plants;
(g) respecting the functions and duties of a holder of any certificate of competency;
(h) respecting the powers and duties of power engineers, or any class of power engineers, boiler operators, refrigeration operators, pressure welders and contractors;
(i) respecting
(i) the writing of examinations for certifications,
(ii) the issue of a certificate of competency, or
(iii) the granting of approval for apprenticeship;
(j) requiring a chief engineer, a shift engineer and any other person who is working in a prescribed plant, to have the certificate of competency required;
(k) requiring the payment of a fee and expenses for anything that is done under sections 4, 5, 6, 11, 14, 16, 22 and 23 of this Act or the regulations and respecting the refunding of fees paid;
(l) respecting the issue, renewal, loss, return, suspension and revocation of a certificate of inspection, interim certificate of inspection or any class of permit, licence or certificate of competency;
(m) respecting the safety and operation of chemical recovery boilers;
(n) adopting by reference, with or without modification, any code of, or standard set by,
(i) the Canadian Standards Association,
(ii) the American National Standards Institute,
(iii) the American Society of Mechanical Engineers, or
(iv) any other association or code making body, if the code relates to pressure piping systems, compressed gas systems, pipings and fittings and other equipment used in connection with them,
and may, in adopting a code or standard,
(v) designate "the authority having jurisdiction" or "approving authority" and grant to the designate the powers and duties necessary to administer the code adopted, and
(vi) adopt the code or standard as amended from time to time;
(o) respecting the licensing of contractors and other persons for the installation, construction, alteration and repair of boilers, pressure vessels, pressure piping systems, fittings, plants and refrigeration equipment;
(p) respecting the welding of boilers, pressure vessels and pressure piping systems, fittings and refrigeration equipment;
(q) respecting the reporting of anything concerning the safety of a plant having equipment to which this Act applies;
(r) determining when a plant can be in operation without the supervision of a holder of a certificate of competency;
(s) granting to the director and inspecting power engineer the powers necessary to administer the regulations;
(t) respecting the keeping of records by the owner or person in charge of a plant or a class of plant;
(u) determining who may repair and on what conditions a person may repair equipment to which this Act applies.
36 (1) A person who contravenes section 6, 8, 9, 11 (3) or (4), 12 to 15 or 17 to 22 or contravenes an order of an inspecting power engineer, a person carrying out an investigation under section 23 or the appeal board, commits an offence.
(2) If a person fails to comply with the sections referred to in subsection (1) or an order of an inspecting power engineer, a person carrying out an investigation under section 23 or the appeal board for more than one day, each day that the person so fails constitutes a separate offence.
(3) If a corporation commits an offence under this Act, an officer, director or agent of the corporation who authorized, permitted or acquiesced in the offence commits an offence.
(4) If the installation or alteration of
(a) refrigeration equipment or a pressure vessel in a refrigeration plant, or
(b) a boiler
is started in contravention of section 14 (3), the contractor or, if there is no contractor for the installation or alteration, the person who is allowed to apply for a permit under the regulations, commits an offence.
37 An information for an offence under this Act or the regulations must not be laid more than one year after the commission of the offence.
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