A-20 - Pressure Vessels Act

Full text
chapter A-20
Pressure Vessels Act
PRESSURE VESSELSDecember 21 1979April 1 1980
Chapter A-20 is replaced by the Act respecting pressure vessels (chapter A-20.01). (1979, c. 75, s. 50).
1979, c. 75, s. 50.
DIVISION I
DECLARATORY AND INTERPRETATIVE PROVISIONS
1. Nothing in this act shall prejudice the powers of municipal councils to make regulations concerning public safety, provided that such regulations be not inconsistent with the provisions of this act and the regulations enacted thereunder.
R. S. 1964, c. 156, s. 1.
2. In this act:
(1)  The word Minister designates the Minister of Labour and Manpower;
(2)  The words chief inspector designate the inspector appointed in virtue of subsection 1 of section 3 of this act;
(3)  The words pressure vessels designate the following apparatus and all accessories connected thereto:
(a)  Boilers and furnaces, either steam or hot water;
(b)  Automatic apparatus for heating boilers or furnaces;
(c)  Refrigerating plants;
(d)  Tanks or vessels containing gas, air or liquids under pressure;
(e)  Every other apparatus that the Gouvernement may indicate;
(4)  The words public buildings have the meaning given to them in the Public Buildings Safety Act (chapter S-3) and include, in addition, gasoline distributing stations;
(5)  The words industrial establishments have the meaning given to them in the Industrial and Commercial Establishments Act (chapter E-15);
(6)  The words owner of a public building mean and include every person, company, association or corporation being in possession of or renting a public building or an industrial establishment;
(7)  The word certificate means an approval by the chief inspector of every pressure vessel contemplated under paragraph 3 of this section, with respect to the construction, installation or the inspection thereof;
(8)  The word inspectors or inspector designates the chief inspector or an inspector appointed in virtue of subsection 2 of section 3 of this act;
(9)  The word regulations designates the regulations adopted in virtue of this act.
R. S. 1964, c. 156, s. 2; 1968, c. 43, s. 17.
DIVISION II
INSPECTORS
3. (1)  The Gouvernement may appoint a chief inspector who shall be at least twenty-five years of age and have theoretical and practical knowledge of the work of installing and operating pressure vessels.
(2)  The Gouvernement may also appoint a number of duly qualified inspectors, chosen from among persons competent in the work of installing and operating pressure vessels, and it may appoint the employees necessary for the carrying out of this act.
(3)  The salary of the inspectors appointed in virtue of this section shall be determined by the Gouvernement.
R. S. 1964, c. 156, s. 3.
4. The duties of the chief inspector shall be to direct the work of the inspectors appointed in virtue of this act, see to the details of the administration of the inspectors’ office, collect fees and keep registers.
Such officer shall keep, in the archives of his office, a record of each certificate issued by him and draw up reports on the operations of his office whenever called upon by the Minister so to do.
He may, subject to the approval of the Minister, make a sub-classification of the certificates provided for by Division IV of this act.
R. S. 1964, c. 156, s. 4.
5. The duties of the inspectors shall be to examine and verify all plans and specifications of pressure vessels, supervise the construction and installation of the said vessels, make the annual inspection provided for by this act and issue the certificates.
R. S. 1964, c. 156, s. 5.
DIVISION III
CONSTRUCTION OF PRESSURE VESSELS
6. All plans and specifications of pressure vessels manufactured in Québec shall be submitted for the approval of the chief inspector.
R. S. 1964, c. 156, s. 6.
7. All pressure vessels manufactured in Québec must comply strictly with such plans and specifications. Every vessel which is required to be inspected annually shall be accompanied by an affidavit from the maker to that effect.
R. S. 1964, c. 156, s. 7.
8. The inspectors shall supervise and verify the construction of pressure vessels.
R. S. 1964, c. 156, s. 8.
9. Pressure vessels constructed outside Québec and to be used in Québec shall be registered in the office of the chief inspector.
For such purpose the plans and specifications of the said vessels shall be submitted to the approval of the said chief inspector.
R. S. 1964, c. 156, s. 9.
10. Manufacturers and contractors for pressure vessels constructed outside Québec and to be used in Québec shall furnish a specification sheet supported by an affidavit establishing the quality of the material and labour mentioned in the plans and specifications transmitted to the chief inspector’s office.
Every vessel which is required to be inspected annually shall be accompanied by an affidavit from the maker to that effect.
R. S. 1964, c. 156, s. 10.
11. Pressure vessels constructed outside Québec and to be used in Québec shall be inspected, during the making thereof, by an inspector appointed in virtue of this act or in virtue of similar laws in force at the place where the said vessels are being constructed.
R. S. 1964, c. 156, s. 11.
12. No used pressure vessel, whether repaired or not, shall be again commercially dealt with for the purpose of being again used before its owner has obtained from the chief inspector a certificate authorizing the use of the said vessel.
R. S. 1964, c. 156, s. 12.
13. Any inspector may, at any time, exact a demonstration of the quality of the welding of pressure vessels.
R. S. 1964, c. 156, s. 13.
14. Pressure vessels the parts whereof are assembled by means of welding shall bear the maker’s identification mark; such mark shall be previously deposited in the office of the chief inspector.
R. S. 1964, c. 156, s. 14.
DIVISION IV
CERTIFICATES
15. Four forms of certificates shall be issued, designated as follows:
(1)  Certificate A issued for the approval of the construction of pressure vessels after verification of all the plans and specifications and final inspection of the said vessels at the place where they are manufactured;
(2)  Certificate B issued for the approval of the installation of pressure vessels prior to their being utilized at the place where they are to be operated;
(3)  Certificate C issued on the annual inspection of pressure vessels;
(4)  Certificate D issued for any used vessel before it is again dealt with in trade.
R. S. 1964, c. 156, s. 15.
DIVISION V
INSPECTION OF PRESSURE VESSELS
16. The installation of all pressure vessels in public buildings and industrial establishments must be inspected by an inspector before such vessels are used. The installation of every refrigerating plant using more than ten kilograms of refrigerant must be so inspected wherever the installation is made.
All pressure vessels installed in public buildings and industrial establishments must be inspected annually by an inspector or by a stationary engineman duly qualified for that kind of work and authorized by the chief inspector. Such inspection is required for every refrigerating plan run by a motor having a power of over three kilowatts, wherever it may be installed.
R. S. 1964, c. 156, s. 16; 1977, c. 60, s. 32.
17. Every owner of a public building shall furnish all the means and all the facilities necessary for an efficient inspection.
R. S. 1964, c. 156, s. 17.
18. The mode of construction of all pressure vessels shall be such as to afford every necessary means of easily inspecting them.
R. S. 1964, c. 156, s. 18.
19. Any inspector or any member of the Sûreté du Québec or municipal police shall have the right to require any person, company, association or corporation to exhibit to him the certificate or certificates provided for by this act, and, in default, such inspector or member of the Sûreté du Québec or municipal police shall have the right to stop immediately the work under way and shall notify the chief inspector of every violation of this act.
R. S. 1964, c. 156, s. 19; 1968, c. 17, s. 97; 1977, c. 5, s. 14.
20. Nothing in this act or in the regulations shall be deemed to render the inspectors or other officers or employees responsible for any damage or loss caused to any person or property through defects in the work, materials, accessories or apparatus mentioned in this act or through a regulation or an order of an inspector.
R. S. 1964, c. 156, s. 20.
DIVISION VI
PENALTIES
21. Every person who hinders, molests or obstructs an inspector or any other officer or employee, or who interferes with the execution of the duties of an inspector, shall be liable, in addition to the costs, to a fine not exceeding one hundred dollars, and, in default of payment of such fine and costs, to an imprisonment not exceeding six months.
R. S. 1964, c. 156, s. 21.
22. Every person who contravenes any provision of this act or of the regulations shall be liable, in addition to the costs, to a fine not exceeding one hundred dollars and, in default of payment of such fine and costs, to an imprisonment not exceeding six months.
R. S. 1964, c. 156, s. 22.
DIVISION VII
FEES
23. The Gouvernement may enact, amend, replace or repeal the tariff of fees payable for:
(a)  Issuing certificates;
(b)  Approving and registering plans and specifications; receiving affidavits;
(c)  Approving installations.
R. S. 1964, c. 156, s. 23.
DIVISION VIII
JURISDICTION OF CERTAIN COURTS AND PROCEDURE
24. (1)  All prosecutions under this act shall be brought by the inspector or a person designated therefor by the Minister.
(2)  Prosecutions under this act shall be brought in conformity with the Summary Convictions Act (chapter P-15) and Part II of that act applies thereto.
R. S. 1964, c. 156, s. 24; 1974, c. 11, s. 45.
25. No evidence shall be admitted to establish that a prosecution has been instituted after a complaint by an informer or to discover the identity of the latter.
R. S. 1964, c. 156, s. 25.
26. In addition to the penal prosecutions above contemplated, a suit may be brought to recover any fee payable under the regulations.
R. S. 1964, c. 156, s. 26.
DIVISION IX
REGULATIONS
27. The Gouvernement may enact all the regulations necessary for the putting into force and the proper operation of this act, and such regulations shall come into force from and after their publication in the Gazette officielle du Québec.
R. S. 1964, c. 156, s. 27.