A-20.01 - Act respecting pressure vessels

À jour au 1^er octobre 2000

Ce document a valeur officielle.

chapter A-20.01

Act respecting pressure vessels

DIVISION I DEFINITION AND APPLICABILITY

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.

1979, c. 75, s. 1.

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.

1979, c. 75, s. 2.

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).

1979, c. 75, s. 3; 1979, c. 63, s. 326.

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

1979, c. 75, s. 4.

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

1979, c. 75, s. 5; 1999, c. 40, s. 19.

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

1979, c. 75, s. 6; 1981, c. 9, s. 34; 1982, c. 53, s. 58; 1994, c. 12, s. 68; 1996, c. 29, s. 43.

The Minister responsible for Consumer Protection and for Housing exercises the functions of the Minister of Labour provided for in this Act. Order in Council 1028-2017 dated 25 October 2017, (2017) 149 G.O. 2 (French), 5161.

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).

1979, c. 75, s. 7; 1983, c. 55, s. 161; 2000, c. 8, s. 242.

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.

1979, c. 75, s. 8.

DIVISION II CONSTRUCTION

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 program for those vessels.

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

1979, c. 75, s. 9.

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

1979, c. 75, s. 10.

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.

1979, c. 75, s. 11.

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.

1979, c. 75, s. 12.

DIVISION III INSTALLATION AND USE

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

1979, c. 75, s. 13.

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

1979, c. 75, s. 14.

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

1979, c. 75, s. 15.

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

1979, c. 75, s. 16.

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

1979, c. 75, s. 17.

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.

1979, c. 75, s. 18.

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.

1979, c. 75, s. 19.

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.

1979, c. 75, s. 20.

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.

1979, c. 75, s. 21.

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.

1979, c. 75, s. 22.

DIVISION IV INSPECTION

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.

1979, c. 75, s. 23.

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.

1979, c. 75, s. 24.

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.

1997, c. 43, s. 35.

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.

1979, c. 75, s. 25.

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.

1979, c. 75, s. 26.

DIVISION V REGULATIONS

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 program for a vessel, the content of the program 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.

1979, c. 75, s. 27.

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 program 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.

1979, c. 75, s. 28.

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.

1979, c. 75, s. 29.

DIVISION VI PENAL PROVISIONS

1992, c. 61, s. 50.

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.

1979, c. 75, s. 30.

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.

1979, c. 75, s. 31; 1986, c. 58, s. 3; 1990, c. 4, s. 52; 1991, c. 33, s. 3.

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.

1979, c. 75, s. 32; 1986, c. 58, s. 4; 1990, c. 4, s. 53; 1991, c. 33, s. 4.

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.

1979, c. 75, s. 33; 1986, c. 58, s. 5; 1990, c. 4, s. 54; 1991, c. 33, s. 5.

34. (Repealed).

1979, c. 75, s. 34; 1990, c. 4, s. 55; 1992, c. 61, s. 51.

35. (Repealed).

1979, c. 75, s. 35; 1992, c. 61, s. 52.

36. (Repealed).

1979, c. 75, s. 36; 1992, c. 61, s. 52.

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.

1979, c. 75, s. 37; 1990, c. 4, s. 56; 1992, c. 61, s. 53.

38. (Repealed).

1979, c. 75, s. 38; 1990, c. 4, s. 57.

DIVISION VII TRANSITIONAL AND FINAL PROVISIONS

39. (Amendment integrated into c. I-13.01, s. 2).

1979, c. 75, s. 39.

40. (Amendment integrated into c. I-13.01, s. 5.1).

1979, c. 75, s. 40.

41. (Amendment integrated into c. I-13.01, s. 7).

1979, c. 75, s. 41.

42. (Amendment integrated into c. I-13.01, s. 8.1).

1979, c. 75, s. 42.

43. (Amendment integrated into c. I-13.01, s. 9).

1979, c. 75, s. 43.

44. (Amendment integrated into c. I-13.01, s. 10).

1979, c. 75, s. 44.

45. (Amendment integrated into c. I-13.01, s. 10.1).

1979, c. 75, s. 45.

46. (Amendment integrated into c. I-13.01, s. 19).

1979, c. 75, s. 46.

47. (Amendment integrated into c. I-13.01, s. 2).

1979, c. 75, s. 47.

48. (Amendment integrated into c. I-13.01, s. 8).

1979, c. 75, s. 48.

49. (Amendment integrated into c. I-13.01, ss. 35-35.3).

1979, c. 75, s. 49.

50. (Omitted).

1979, c. 75, s. 50.

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.

1979, c. 75, s. 51.

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.

1979, c. 75, s. 52; 1999, c. 40, s. 19.

53. (Omitted).

1979, c. 75, s. 53.

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.

1979, c. 75, s. 54; 1975, c. 53, s. 132.

55. Any reference in any Act, government order, proclamation, order in council, regulation, contract or other document to the Lightning Rods Act (chapter P-6) is a reference to the corresponding provisions of the Act respecting electrical installations (chapter I-13.01) or the Act respecting building contractors vocational qualifications (chapter Q-1).

1979, c. 75, s. 55; 1975, c. 53, s. 132; 1999, c. 40, s. 19.

56. The holder of a licence issued under the Lightning Rods Act (chapter P-6) 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.

1979, c. 75, s. 56.

57. (Omitted).

1979, c. 75, s. 57.

58. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

REPEAL SCHEDULE

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.