P-6 - Lightning Rods Act

Full text
chapter P-6
Lightning Rods Act
LIGHTNING RODSDecember 21 1979December 21 1979
Repealed, 1979, c. 75, s. 53.
1979, c. 75, s. 53.
DIVISION I
DECLARATORY AND INTERPRETATIVE PROVISIONS
1. In the interpretation of this act, unless the context conveys a different meaning:
(1)  The words lightning rod mean any material or apparatus intended to protect a building or other construction from damage by lightning;
(2)  The word Minister means the Minister of Labour and Manpower;
(3)  The words Bureau des examinateurs électriciens mean the board constituted under the Electricians and Electrical Installations Act (chapter E-4);
(4)  The word person includes firm and corporation;
(5)  The word maker means every person who, on his own account, makes, sells, offers for sale, installs or offers to install lightning rods;
(6)  The word agent means the agent of the maker.
R. S. 1964, c. 158, s. 1; 1968, c. 43, s. 17; 1977, c. 5, s. 14.
DIVISION II
LICENSES AND DUTIES
2. Every maker or agent who sells or offers for sale, installs or offers to install lightning rods, in Québec, must previously obtain a maker’s or agent’s license under the provisions of this act.
R. S. 1964, c. 158, s. 2.
3. Such licenses are issued by the Bureau des examinateurs électriciens in the manner and according to the formalities hereinafter established and upon payment of the duties hereinafter mentioned.
R. S. 1964, c. 158, s. 3; 1977, c. 5, s. 14.
4. The license issued under this act is valid only for the person therein designated and remains in force from the first day of July until the thirtieth day of June of the following year and may be renewed for another year if the security furnished under section 16 is still in force for another year.
R. S. 1964, c. 158, s. 4.
5. The Bureau des examinateurs électriciens may, at any time, with the authorization of the Minister, suspend or cancel any license, for infringement of this act.
It may also refuse to issue a license for reasons which it deems sufficient.
R. S. 1964, c. 158, s. 5; 1977, c. 5, s. 14.
6. The maker’s license shall not be issued to any person until the Bureau des examinateurs électriciens has approved of the material and apparatus intended for the protection of buildings and their contents from damage by lightning, and of the manner and system of installing, employed by such person.
R. S. 1964, c. 158, s. 6; 1977, c. 5, s. 14.
7. The agent’s license shall be issued only in favour of a person in the employ of a maker holding a license.
R. S. 1964, c. 158, s. 7.
8. Every maker applying for a license shall previously pay to the Minister a duty of fifty dollars per license.
R. S. 1964, c. 158, s. 8.
9. The person to whom a maker’s license has so been issued shall furnish, at the expiration of the license year, a detailed statement under oath of the sums charged for the sale or installation of lightning rods.
R. S. 1964, c. 158, s. 9.
10. If a firm or corporation be concerned, such declaration shall be made by one of its officers, duly authorized.
R. S. 1964, c. 158, s. 10.
11. Every maker and every agent who installs or causes to be installed a lightning rod in Québec must, within fifteen days of such installation, transmit to the Minister, by registered or certified letter, a notification setting forth the date and place of installation, the number of aerial points contained therein and the name in full of the person for whom such installation was made.
R. S. 1964, c. 158, s. 11; 1975, c. 83, s. 84.
12. The licensee may use employees who are not holders of a license to install lightning rods, but, in such case, without prejudice to his responsibility for any damage to the persons with whom he contracted to install such lightning rods.
R. S. 1964, c. 158, s. 12.
13. If the holder of a maker’s license employs one or more agents in Québec, a supplementary license shall be obtained for each agent upon payment of a duty of three dollars for each license to the Minister, provided that such agent be domiciled in Québec.
R. S. 1964, c. 158, s. 13.
14. Any agent holding a license as such may sell or offer for sale, install or offer to install, only the kind of lightning rod which the person employing him is himself authorized to sell or install.
R. S. 1964, c. 158, s. 14.
15. The holder of any license under this act shall, upon demand, exhibit it to any officer authorized by the Minister, to the inspectors of industrial establishments and public buildings, to the electrician-inspectors and examining electricians, to any mayor or secretary-treasurer of a municipality, to the fire investigation commissioner; to any coroner, police officer or constable and to any person to whom lightning rods are sold or offered for sale.
R. S. 1964, c. 158, s. 15; 1968, c. 16, s. 38.
DIVISION III
GUARANTEES
16. Every person applying for a license other than that of agent shall previously furnish security for an amount of five thousand dollars as guarantee for the payment of the hereinafter mentioned damages and of every sum that such person may owe under this act, save that which may be imposed as penalty for infringements thereof. Such security shall be deposited in the office of the Minister of Finance.
R. S. 1964, c. 158, s. 16.
17. The provisions of sections 20, 21, 22, 23, 24 and 28 of the Public Officers Act (chapter E-6) shall apply, mutatismutandis, to this act.
R. S. 1964, c. 158, s. 17.
18. The person who has deposited a guarantee policy as security shall, in the month preceding the expiration of the said policy, transmit to the Minister of Finance a renewal receipt or a new guarantee policy.
R. S. 1964, c. 158, s. 18.
DIVISION IV
DEFECTIVE INSTALLATIONS AND DAMAGES
19. If an inspector or any person duly authorized under a regulation discovers that a lightning rod installation is defective, he may send notice in writing addressed, by mail, to the person who made the installation, to remove or alter or make over same within the delay fixed in the notice.
If such person fails to comply with such notice within the delay fixed, the Bureau des examinateurs électriciens may cause the installation to be removed, altered or made over at the expense of the person in default and at his risk, without any liability to any person whatsoever.
R. S. 1964, c. 158, s. 19; 1977, c. 5, s. 14.
20. When a final judgment upon a claim for damages has been rendered in favour of the owner of a building or other construction, it shall ipsofacto carry forfeiture of the security in favour of the plaintiff in the suit, and the latter may, within the ordinary delays for executing judgments, execute the said judgment against the surety for capital, interest and costs.
R. S. 1964, c. 158, s. 20.
DIVISION V
OFFENCES AND PENALTIES
21. Any person infringing any provision of this act or any of the regulations made under its authority by the Gouvernement shall be guilty of an offence against this act, and, if found guilty, shall be sentenced, in addition to the payment of the costs and of the duties which he should have paid, to a fine of at least fifty dollars but not exceeding two hundred dollars, for each offence, and, in default of payment of the fine and costs, to an imprisonment for six months in the house of detention.
R. S. 1964, c. 158, s. 21; 1969, c. 21, s. 35.
22. When an offence has been committed against the provisions of this act by a firm or corporation holding a license or not under this act, and judgment has been rendered under this act against such firm or corporation, such judgment may, in default of payment of the fine and costs by such firm or corporation, be executed: in the case of a firm, against each member thereof; in the case of a corporation, against its president, if he is within Québec, and if not, against its manager or representative in Québec, and the sentence of imprisonment may be enforced against such member or officer, as the case may be.
R. S. 1964, c. 158, s. 22.
DIVISION VI
PROSECUTIONS
23. (1)  Prosecutions under this act, save those resulting from section 20, shall be taken in the name of the Minister, before a Justice of the Peace, Judge of the Sessions or Judge of the Provincial Court, and shall be governed by Part I of the Summary Convictions Act (chapter P-15).
(2)  It is not necessary for the Minister to sign or swear to the complaint, nor to appear, or to prove his appointment and exercise of his office, and he shall be represented for all purposes by the advocate whom he has authorized to take such prosecutions.
R. S. 1964, c. 158, s. 23; 1965 (1st sess.), c. 17, s. 2.
DIVISION VII
SPECIAL PROVISIONS
24. The Gouvernement may make regulations:
(a)  To establish standards and prescribe the kind of materials or apparatus to be used for the protection of buildings or other constructions and their contents from damages by lightning;
(b)  To prescribe the mode and system of installing lightning rods;
(c)  For the carrying out of this act.
R. S. 1964, c. 158, s. 24.
25. All regulations made by the Gouvernement under the authority of this act shall, after their publication in the Gazette officielle du Québec, have the same force as if incorporated herein.
R. S. 1964, c. 158, s. 25.