1.  This Act shall not apply to mines contemplated by the Mining Act (chapter M-13.1).

1.1.  This act is binding on the Government, and on its departments and agencies.

2.  In this Act:

 1) The words “stationary engine” include the following apparatus when used in a public building contemplated in the Public Buildings Safety Act (chapter S-3) or in an establishment or on a construction site contemplated in the Act respecting occupational health and safety (chapter S-2.1):

(a)  boilers or generators operated by steam, hot water or any other fluid substance;

(b)  steam engines or turbines;

(c)  refrigerating plants;

(d)  internal combustion engines;

(e)  any other apparatus determined by regulation of the Government;

(f)  the piping and accessories used for operating the apparatus contemplated in subparagraphs a to e;

 2) The words “stationary engineman” mean any person who directs or supervises the operation of a stationary engine or attends to the maintenance or inspection thereof;

 3) The word “Minister” means the Minister of Labour;

 4) The word “regulations” means the regulations made under this Act.

3.  The Government may appoint not more than three examiners, of whom one shall be chief examiner, as well as a secretary and the employees necessary for the carrying out of this act, and may fix their salaries in accordance with the Public Administration Act ( chapter A-6.01).

4.  The examiners so appointed shall constitute the board of examiners. Such board shall be under the control of the Minister.

5.  The chief examiner shall make an annual report to the Minister.

6.  The examiners shall hold the examinations and issue the certificates.

The examiners may, in accordance with the criteria determined by regulation of the Government, issue the certificate contemplated in section 9 to a person holding an equivalent certificate issued by another province, a foreign country or an agency they acknowledge for that purpose.

7.  The examiners shall keep registers in which shall be entered the names of enginemen who have passed the examinations, and also of the candidates and the amount of the fees collected. They shall preserve in their archives the written answers of each candidate to the examination questions.

8.  Any examiner or any inspector appointed for the carrying out of this act may, at any hour, enter and pass over any property where there is a stationary engine, for the purpose of ascertaining whether this act and the regulations are being observed.

9.  No person shall work as a stationary engineman unless he holds a certificate of the class established for his work by the regulations.

9.1.  A certificate may be suspended or cancelled for reasons considered sufficient by the examiners.

Before making such a decision, the examiners shall notify the holder in writing as prescribed by section 5 of the Act respecting administrative justice (chapter J-3) and allow the holder at least 10 days to present observations.

9.2.  A stationary engineman whose certificate has been suspended or cancelled may ask the board of examiners to reconsider a decision it has rendered under section 9.1 which has not been contested before the construction industry commissioner referred to in the Act respecting labour relations, vocational training and manpower management in the construction industry (chapter R-20),

 (a) to bring forward new facts which, had they been known in due time, could have been grounds for a different decision;

 (b) where the rules prescribed in section 9.1 have not been complied with;

 (c) to have any clerical error corrected.

An application to that effect must be sent to the board of examiners, by registered mail, within 30 days after receipt of a copy of the decision by registered mail.

9.3.  A stationary engineman whose certificate has been suspended or cancelled may contest before the construction industry commissioner the decision rendered by the board of examiners under section 9.1 or section 9.2.

The proceeding must be brought within 30 days after the date on which the decision has been rendered, by means of a notice stating

 (a) the name and domicile of the applicant;

 (b) the date and nature of the decision of the board of examiners;

 (c) the relevant facts;

 (d) the conclusions sought.

10.  Every person having, as owner, lessee or user or otherwise, charge of a stationary engine must:

 (a) Entrust stationary enginemen's work only to persons having the required certificate;

 (b) Ensure the supervision of a stationary engine in operation where required by regulation;

 (c) Facilitate the inspector's work.

11.  No stationary engineman who holds the certificate required by this act and the regulations shall be obliged to undergo any other examination or to obtain a license or a certificate of qualification from any municipal authority.

12.  The Government may make such regulations as it may deem necessary for the proper carrying out of this act and particularly for the following purposes:

 (a) To define the different classes of certificates contemplated in section 9;

 (b) To define the conditions for the issuing of certificates;

 (c) To define the nature of the examinations and the subjects which they may cover;

 (d) To fix the period for which the certificates shall be valid, and the conditions of their renewal;

 (e) To establish fees for the issuing and renewal of certificates and for admission to the examinations;

 (f) To determine the manner of establishing the capacity of stationary engines;

 (g) To enact any other provisions to facilitate the work of the examiners and increase the efficiency of the service;

 (h) To determine the mode of supervision of a stationary engine in operation, according to the type, power and location of such stationary engine;

 (i) To determine any apparatus contemplated in subparagraph e of paragraph 1 of section 2;

 (j) To determine the criteria according to which the examiners may issue a certificate to a person holding an equivalent certificate issued in accordance with section 6.

12.1.  A regulation made under this act must be preceded by a draft which must be published in the Gazette officielle du Québec with a notice specifying that any objection to the adoption of the regulation must be made within forty-five days.

The Minister may order any examination or inquiry into the merits of any objection filed pursuant to this notice.

12.2.  After the time limit has expired, or after the examination or inquiry mentioned in section 12 has been held, as the case may be, the draft of the regulation is submitted to the Government for adoption. A notice of the adoption of the regulation is published, with the text of the amendments, if any, in the Gazette officielle du Québec.

This regulation comes into force on the day of its publication or on any later date fixed therein.

13.  In addition to the penal prosecutions hereinafter prescribed, suit may be brought to recover from any stationary engineman the fee payable on the renewal of his certificate, if he acts in that capacity without having discharged such obligation.

14.  Every person is guilty of an offence who

 (a) hinders or molests an inspector or any other functionary in the discharge of his duties;

 (b) makes a false declaration so as to obtain a certificate or regarding any information given under the Act or regulations;

 (c) acts as a stationary engineman without holding the required certificate;

 (d) infringes a prescription of this Act or of a regulation hereunder.

14.1.  Every person who is guilty of an offence contemplated in section 14 is liable, if no other penalty is provided for for such offence

 (a) in the case of a natural person, to a fine of not less than $325 nor more than $700;

 (b) in the case of a legal person, to a fine of not less than $700 nor more than $1 400;

 (c) for a second conviction, to a fine the amount of which must not be less nor more than twice the fines provided for in paragraph a or b, as the case may be;

 (d) for any other subsequent conviction, to a fine the amount of which must not be less nor more than three times the fines provided for in paragraph a or b, as the case may be.

15.  Penal proceedings for an offence under a provision of this Act or the regulations thereunder shall be prescribed by one year from the date on which the prosecutor became aware of the commission of the offence. However, no proceedings may be instituted where more than five years have elapsed from the commission of the offence.

16.  No evidence shall be admitted to establish that prosecution was brought as the result of a complaint or to discover the identity of the informer.

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 157 of the Revised Statutes, 1964, in force on 31 December 1977, is repealed effective from the coming into force of chapter M-6 of the Revised Statutes.

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), section 1 a, the second paragraph of section 6, sections 9 a, 9 b, 9 c, 9 d, subparagraphs h, i and j of the first paragraph of section 12, and sections 12 a, 12 b and 17 of chapter 157 of the Revised Statutes, 1964, in force on 31 December 1981 are repealed effective from the coming into force of the updating to 31 December 1981 of chapter M-6 of the Revised Statutes.

1.  In this act, unless otherwise required by the context, the expression “pressure vessel” designates any of the following apparatus, including the plumbing and accessories used for its operation:

 1) a boiler or furnace, operated by steam or hot water or by another liquid or gas;

 2) an automatic apparatus for heating a boiler or furnace;

 3) a refrigerating plant; and

 4) a tank or a vessel containing a gas or a liquid under pressure.

2.  The Government may, by regulation, subject other pressure vessels to the application of this act and the regulations hereunder or exempt certain apparatus or classes of apparatus from the application of this act and the regulations hereunder, in whole or in part.

3.  This act applies to the manufacture of every pressure vessel.

It also applies to the installation and use of a pressure vessel on a vehicle, in a public building within the meaning of the Public Buildings Safety Act (chapter S-3) and in an establishment or on a construction site contemplated in the Act respecting occupational health and safety (chapter S-2.1).

4.  This Act applies to the manufacturer, installer and repairer of a pressure vessel, and to its user, whether as owner, lessee or possessor.

5.  This Act is binding on the Government, and government departments and mandataries of the State.

6.  The Minister of Labour is responsible for the application of this Act.

7.  To see that this Act and the regulations under it are carried out, a chief inspector and other inspectors shall be appointed in accordance with the Public Service Act (chapter F-3.1.1).

8.  The Minister may, in writing and on such conditions as he may fix, delegate, to the chief inspector, an inspector or any other person, the powers provided by this act.

9.  A manufacturer of pressure vessels must obtain approval of the plans and specifications of the pressure vessels he manufactures and, in the cases provided for by regulation, approval of a quality control programme for those vessels.

The plans, specifications and programme must contain the information required by regulation and be submitted within the time prescribed by regulation.

10.  A pressure vessel must be so constructed that it can be inspected.

11.  A certificate of approval of construction of a pressure vessel shall be issued to a manufacturer,

 1) if he has complied with the requirements of section 9;

 2) if he has furnished a declaration of conformity, attesting that the qualifications of his labour force and the quality of the materials used are in accordance with the regulations; and

 3) if the vessel has been inspected during construction by an inspector or a person to whom the Minister has delegated powers or, in the case of a pressure vessel constructed outside Québec for use in Québec, it has been inspected during construction by a body recognized by regulation.

The Government may, by regulation, exempt certain classes of pressure vessels from the obligation imposed by subparagraph 3 of the first paragraph, provided that the manufacturer labels the vessels of that class in accordance with the standards provided by regulation.

12.  A person who does welding on a pressure vessel must hold a qualification certificate.

A person who does welding on a pressure vessel or who causes it to be done must have his welding procedure approved and registered in accordance with the standards determined by regulation.

13.  The installer of a pressure vessel must, before beginning work, give notice of the place where the vessel will be installed.

14.  The installer of a pressure vessel must have its installation approved.

15.  A pressure vessel must be so installed that it can be inspected.

16.  No user of a pressure vessel may put it into operation unless its installation has been approved.

17.  The installer, repairer or user of a pressure vessel must obtain approval of a quality control programme for it, in the cases determined by regulation.

18.  A certificate of approval of installation shall be issued to the user of a pressure vessel when the requirements of sections 14 and, as the case may be, 17 have been complied with.

19.  Notwithstanding section 11, the installation of a pressure vessel constructed outside Québec that is not accompanied with a certificate of approval of construction may be approved.

A certificate of approval of installation shall be issued when the user demonstrates that the vessel meets the safety standards prescribed by regulation.

20.  No used pressure vessel may be again commercially dealt with or used for another purpose before it has been inspected and its user has obtained a certificate of approval for the re-use of the vessel.

21.  A pressure vessel must be inspected periodically, as the Government may determine by regulation.

A certificate of inspection shall then be issued to the user.

22.  If a pressure vessel has not been in use for over a year, the user shall obtain a certificate of inspection before putting it into operation again.

23.  An inspector or a person to whom the Minister has delegated powers may

 1) enter any place where pressure vessels are constructed or installed, to inspect them;

 2) take, without charge, for analysis, samples of materials used in the manufacture or use of a pressure vessel; in such a case, he must inform the manufacturer or user and, if possible, return the samples to him after analysis;

 3) for purposes of control or analysis, conduct tests of a pressure vessel or order the user or the manufacturer to conduct them at his own expense;

 4) require a demonstration of the quality of the welding of a pressure vessel;

 5) require the production of a certificate prescribed by this act;

 6) order, in writing, the manufacturer, installer or user of a pressure vessel to make the necessary changes to it within the time he indicates or, if he believes the defects constitute an imminent danger, immediately.

24.  An inspector may order the operation of a pressure vessel to cease, and affix seals to it,

 1) if its user cannot produce, on demand, the certificates required by this act;

 2) if its operation constitutes an imminent danger.

A pressure vessel contemplated in the first paragraph shall not be put into operation again without the authorization of the inspector.

24.1.  The person to whom an order made under paragraph 6 of section 23 or subparagraph 2 of the first paragraph of section 24 is notified without prior notice because, in the opinion of the person who made it, urgent action is required or there is a danger of irreparable damage being caused, may, within the time specified in the order, present observations to that person so that the order may be reviewed.

25.  An inspector or a person to whom the Minister has delegated powers does not cease to act as an official when exercising the powers contemplated in section 23 or 24.

26.  The Minister may approve the use of a material, accessory, device, or a method of design or manufacture different from that prescribed by regulation, if he considers that it meets the safety standards prescribed by regulation.

27.  The Government may, by regulation,

 1) determine which pressure vessels, other than those contemplated in section 1, are governed by this Act and the regulations hereunder;

 2) exempt from the application, in whole or in part, of this Act or the regulations hereunder, certain pressure vessels or classes thereof;

 3) establish different standards or conditions according to the classes of pressure vessels he determines or the places they are used or constructed;

 4) establish, for purposes of safety, methods of design and standards of manufacture, identification, labelling, testing, installation, alteration, repair, maintenance and use of pressure vessels;

 5) determine the safety equipment that may be required at the place where a pressure vessel is installed;

 6) determine the information that must be included in the declaration of conformity of a manufacturer of pressure vessels;

 7) determine the cases where a manufacturer, installer, user or repairer of pressure vessels must obtain approval of a quality control programme for a vessel, the content of the programme and the time in which it must be produced;

 8) determine the conditions of issue, maintenance, cancellation or renewal of a certificate respecting pressure vessels;

 9) determine the notices, information or documents that must be transmitted by a manufacturer, installer, user or repairer of pressure vessels, and the form and time in which they must be produced;

 10) determine the standards of inspection and approval of pressure vessels;

 11) determine the standards of approval and registration of welding procedures;

 12) recognize a body as entitled to inspect pressure vessels constructed outside Québec;

 13) determine, according to the categories of persons it indicates, the standards of qualification required and the subjects on which the qualification examination of a welder or a person to whom the Minister may delegate powers is based, and the conditions of issue and maintenance of a certificate of qualification;

 14) prescribe any other necessary measure for the application of this Act.

28.  The Government may, by regulation, for each class of pressure vessels it indicates, establish the duties payable for

 1) the issue of a certificate provided for by this act;

 2) the inspection of a pressure vessel;

 3) the labelling of a pressure vessel;

 4) the examination and approval of plans and specifications or other documents;

 5) the verification and approval of a quality control programme for a pressure vessel;

 6) the approval, revision and registration of a welding procedure;

 7) the qualification examinations of a welder or a person to whom the Minister may delegate powers.

29.  The Government shall publish its draft regulations in the Gazette officielle du Québec with a notice that they will be adopted at the expiry of a period of forty-five days.

A regulation comes into force on the date of publication in the Gazette officielle du Québec of a notice of its adoption by the Government or, if the Government has made amendments to it, on the date of publication of the final text or at a subsequent date fixed in the notice or in the final text.

30.  Every person is guilty of an offence who

 1) hinders, in the exercise of his functions, an inspector or a person to whom the Minister has delegated powers provided for by this act;

 2) makes a false declaration to obtain a certificate provided for by this act;

 3) manufactures a pressure vessel without having his plans and specifications approved;

 4) instals a pressure vessel without having its installation approved;

 5) puts into operation or again puts into operation, uses, again deals with commercially or re-uses a pressure vessel without holding the certificate provided for by this act;

 6) does welding without holding the certificate of qualification contemplated by this act;

 7) does welding or has welding done without having had his welding procedure approved and registered, or without respecting the approved welding procedure.

31.  Every person who commits an offence contemplated in section 30 is liable,

 1) in the case of a natural person, to a fine of $325 to $700;

 2) in the case of a legal person, to a fine of $700 to $1 400;

 3) for a first subsequent conviction, to a fine neither less nor more than twice the fines prescribed by paragraph 1 or 2, whichever is applicable;

 4) for any additional subsequent conviction, to a fine neither less nor more than three times the fines prescribed by paragraph 1 or 2, whichever is applicable.

32.  A person who fails to comply with an order given under paragraph 6 of section 23 or section 24 is guilty of an offence and is liable, for each day the offence continues,

 1) in the case of a natural person, to a fine of $325 to $1 400;

 2) in the case of a legal person, to a fine of $700 to $1 400.

33.  Where no other penalty is prescribed, a person who contravenes a provision of this act or the regulations hereunder is liable to a fine of $75 to $325.

37.  Penal proceedings for an offence under a provision of this Act shall be prescribed by one year from the date on which the prosecutor became aware of the commission of the offence. However, no proceedings may be instituted if more than five years have elapsed from the date of the commission of the offence.

51.  The regulations made under the Pressure Vessels Act (chapter A-20) remain in force, to the extent that they are in conformity with this act, until they are repealed or until they are replaced or amended by a regulation made in accordance with this act.

52.  Any reference in any Act, government order, proclamation, order in council, regulation, contract or other document to the Pressure Vessels Act ( chapter A-20) is a reference to the corresponding provision of this Act.

54.  The regulations made under the Lightning Rods Act (chapter P-6) remain in force, to the extent that they are in conformity with the Act respecting electrical installations (chapter I-13.01), until they are repealed or until they are replaced or amended by a regulation made in accordance with the said act.

55.  Any reference in any Act, government order, proclamation, order in council, regulation, contract or other document to the Lightning Rods Act is a reference to the corresponding provisions of the Act respecting electrical installations or the Act respecting building contractors vocational qualifications ( chapter Q-1).

56.  The holder of a licence issued under the Lightning Rods Act is entitled, within six months from 21 December 1979, to obtain from the Régie des entreprises de construction du Québec, on request, the appropriate licence for the corresponding class of work.

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 75 of the statutes of 1979, in force on 1 November 1980, is repealed, except section 57, effective from the coming into force of chapter A-20.01 of the Revised Statutes.