B.C. Reg. 137/2004, deposited March 26, 2004, pursuant to the SAFETY STANDARDS ACT [Section 90]. Order in Council 293/2004, approved and ordered March 25, 2004.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that, effective April 1, 2004, the attached Safety Standards Act Repeal and Transitional Provisions Regulations are made.

— M. COELL, Minister of Community, Aboriginal and Community Services; G. COLLINS, Presiding Member of the Executive Council.

SAFETY STANDARDS ACT REPEAL AND TRANSITIONAL
PROVISIONS REGULATIONS

Definitions

1 In this regulation:

"Act" means the Safety Standards Act;

"former enactment" means the Electrical Safety Act, the Elevating Devices Safety Act, the Gas Safety Act and the Power Engineers and Boiler and Pressure Vessel Safety Act and the Location, Construction, Operation and Use of Aerial Tramways, B.C. Reg. 95/82;

"authorization" means any authorization to perform work under a former enactment, valid immediately before the coming into force of this section, and includes, without limitation,

(a) an authorization evidenced by a permit, licence or certificate, and

(b) any obligations attached to the authorization.

Local governments

2 A local government that, immediately before the coming into force of this section, administered gas systems and equipment and electrical equipment may continue that administration until the earlier of

(a) the date the local government enters into an agreement under section 5 of the Act, or

(b) May 31, 2004.

Regulations repealed

3 The following regulations are repealed:

(a) B.C. Electrical Code Regulation 2002, B.C. Reg. 258/2002;

(b) B.C. Natural Gas and Propane Code Regulation, B.C. Reg. 202/2002;

(c) Boiler and Pressure Vessel Fees and Expenses Regulation, B.C. Reg. 418/95;

(d) Electrical and Communication Transmission and Distribution System Regulation, B.C. Reg. 453/90;

(e) Electrical Safety Act Fee Regulation, B.C. Reg. 488/95;

(f) Electrical Safety Regulation, B.C. Reg. 487/95;

(g) Elevating Devices Safety Codes Regulation, B.C. Reg. 29/2003;

(h) Elevating Devices Safety Regulation, B.C. Reg. 28/90;

(i) Gas Safety Regulation, B.C. Reg. 95/83;

(j) Location, Construction, Operation and Use of Aerial Tramways, B.C. Reg. 95/82;

(k) Power Engineers, Boiler, Pressure Vessel and Refrigeration Regulation, B.C. Reg. 82/99;

(l) Powerhouse and Substations Regulation, B.C. Reg. 474/59;

(m) Television Equipment Installation on Overhead Electric Lines Regulations, B.C. Reg. 259/66.

Authorizations remain in force

4 (1) Subject to sections 7 to 11 and despite the repeal of a former enactment, an authorization granted under a former enactment remains in full force and effect until the date of its expiry or until the date stipulated by a provincial safety manager under subsection (2).

(2) A provincial safety manager may stipulate an expiry date for an authorization if the former enactment under which the authorization was granted does not set an expiry date for the authorization.

(3) An expiry date stipulated under subsection (2) must not be April 1, 2006, or any date after that date.

Documents may continue to be used

5 (1) If the administration of any provisions of the Act has been delegated to the British Columbia Safety Authority, that authority may issue, for the purposes of administering those provisions and granting permissions under them, any document or thing that evidenced a similar authorization under a former enactment.

(2) The British Columbia Safety Authority may issue the documents or things referred to in subsection (1) until November 1, 2004.

(3) Any reference to the government in the documents or things referred to in subsection (1) is to be read as a reference to the British Columbia Safety Authority.

(4) A local government to which administration of any provisions of the Act has been delegated may issue, for the purposes of administering those provisions and granting permissions under them, any document or thing that evidenced a similar authorization under a former enactment.

(5) A local government referred to in subsection (4) may issue the documents or things referred to in that subsection until November 1, 2004.

Dissolved boards and committees

6 The following boards and committees are dissolved, except for the purpose of a hearing in progress before that board or committee when section 102 of the Act comes into force:

(a) the Electrical Safety Advisory Committee continued under section 16 of the Electrical Safety Act;

(b) the Electrical Safety Appeal Board continued under section 18 of the Electrical Safety Act;

(c) the Electrical Safety Board of Review established under section 13 of the Electrical Safety Regulation, B.C. Reg. 487/95;

(d) the Elevating Devices Advisory Committee continued under section 28 of the Elevating Devices Safety Act;

(e) the Elevating Devices Appeal Board continued under section 21 of the Elevating Devices Safety Act;

(f) the Gas Safety Advisory Committee established under section 22 of the Gas Safety Act;

(g) the Gas Safety Appeal Board established under section 26 of the Gas Safety Act;

(h) the Power Engineers and Boiler and Pressure Vessel Safety Advisory Committee continued under section 24 of the Power Engineers and Boiler and Pressure Vessel Safety Act;

(i) the Power Engineers and Boiler and Pressure Vessel Safety Appeal Board continued under section 26 of the Power Engineers and Boiler and Pressure Vessel Safety Act.

Transition from the Electrical Safety Act

7 (1) In this section, "regulation" means the Electrical Safety Regulation, B.C. Reg. 487/95.

(2) A person registered as an accredited representative under section 8 of the regulation immediately before the coming into force of this section is deemed to be a holder of a certificate of qualification as a field safety representative issued under the Act.

(3) A person registered as a registered representative under section 10 of the regulation immediately before the coming into force of this section is deemed to be a holder of a certificate of qualification as a field safety representative issued under the Act, and the certificate of qualification expires on April 1, 2006.

(4) A person referred to in subsection (3) may be named as a field safety representative on an installation permit only, unless the person successfully completes all of the requirements specified by a provincial safety manager.

(5) A worker qualification certificate issued under section 11 of the regulation and valid immediately before the coming into force of this section is deemed to be a certificate of qualification issued under the Act, and the certificate of qualification entitles the holder to perform electrical work within the scope of the certificate issued under section 11 of the regulation.

(6) An accident referred to in section 2 of the regulation that has not been reported when this section comes into force is deemed to be an incident under the Act that must be reported in accordance with Division 4 of Part 7 of the Act.

(7) A person does not require a permit under the Act to perform electrical work if

(a) the work was commenced before the coming into force of this section, and

(b) under section 21 of the regulation, a permit was not required to perform the work when it was commenced,

and section 21 of the regulation continues to apply to the work until the work has been completed.

Transition from Elevating Devices Safety Act

8 (1) A licence issued under section 8 (5) of the Elevating Devices Safety Regulation, B.C. Reg. 28/90, and valid immediately before the coming into force of this section is deemed to be a certificate of qualification issued under the Act, and the certificate expires on the date the licence under the Elevating Devices Safety Act would have expired.

(2) An accident referred to in section 15 of the Elevating Devices Safety Act that has not been reported when this section comes into force is deemed to be an incident under the Act that must be reported in accordance with Division 4 of Part 7 of the Act.

(3) If an elevating device has been shut down by a contractor under section 13 of the Elevating Devices Safety Regulation, B.C. Reg. 28/90, and an inspector has not, when this section comes into force, authorized the contractor to effect repairs to the device, the contractor must not effect any repairs to the device unless authorized by a safety officer under the Act.

Transition from the Gas Safety Act

9 (1) A certificate of competency issued under section 5 (2) of the Gas Safety Act and valid immediately before the coming into force of this section is deemed to be a certificate of qualification under the Act, and the certificate of qualification

(a) expires on the date the certificate of competency would have expired, and

(b) if the certificate of competency was suspended under section 5 (3) of the Gas Safety Act immediately before the coming into force of this section, is suspended in accordance with that suspension.

(2) A licence issued under the Gas Safety Act authorizing an individual to perform work in respect of gas equipment and valid immediately before the coming into force of this section is deemed to be a certificate of qualification issued under the Act, and the certificate

(a) expires on the date the licence would have expired, and

(b) if the licence was suspended immediately before the coming into force of this section, is suspended in accordance with that suspension.

Transition from the Power Engineers and Boiler and Pressure Vessel Safety Act

10 (1) A final or interim certificate of competency issued under section 16 of the Power Engineers and Boiler and Pressure Vessel Safety Act and valid immediately before the coming into force of this section is deemed to be a certificate of qualification issued by a provincial safety manager under the Act.

(2) A certificate, other than a certificate referred to in subsection (1),

(a) referred to in section 3 of the Power Engineers, Boiler, Pressure Vessel and Refrigeration Regulation, B.C. Reg. 82/99,

(b) issued under the Power Engineers and Boiler and Pressure Vessel Safety Act, and

(c) valid immediately before the coming into force of this section

is deemed to be a certificate of qualification issued under the Act.

(3) An accident referred to in section 22 of the Power Engineers and Boiler and Pressure Vessel Safety Act that has not been reported when this section comes into force is deemed to be an incident under the Act that must be reported in accordance with Division 4 of Part 7 of the Act.

Transition from the Railway Act

11 (1) In this section, "regulations" means the Location, Construction, Operation and Use of Aerial Tramways, B.C. Reg. 95/82.

(2) An aerial tramway that has been ordered by an inspector under section 10 of the regulations to discontinue the carriage of traffic must not resume the carriage of traffic unless authorized to do so by a safety officer under the Act.

(3) An inspector's report referred to in section 12 (1) of the regulations and valid immediately before the coming into force of this section is deemed to be a certificate of inspection issued by a safety officer under this Act.

(4) A certificate of annual inspection issued for an aerial tramway under section 13 of the regulations and valid immediately before the coming into force of this section is deemed to be an operating permit issued for a passenger ropeway under the Act, and the permit expires on the same date as it would have expired under the regulations.

Copyright © 2004: Queen's Printer, Victoria, British Columbia, Canada