2. In these regulations,

(a) "Act" means the Occupational Health and Safety Act ;

(aa) "adequate" means sufficient to protect a person from injury or damage to health;

(b) "ALI" means the Automotive Lift Institute;

(ba) "angle of repose" means the angle with the horizontal at which material will no longer flow freely;

(c) "ANSI" means the American National Standards Institute;

(ca) "approved" means approved by the Department or by an agency or authority designated or selected by the Department to make approvals;

(d) "ASME" means the American Society of Mechanical Engineers;

(e) "ASTM" means the American Society for Testing and Materials;

(ea) "CGA" means the Compressed Gas Association;

(f) "CGSB" means the Canadian General Standards Board;

(g) "competent person" means a person who is

(i) qualified because of their knowledge, training and experience to do the assigned work in a manner that ensures the health and safety of every person in the workplace, and

(ii) knowledgeable about the provisions of the Act and regulations that apply to the assigned work, and about potential or actual danger to health or safety associated with the assigned work;

(ga) "compressed air" means air mechanically raised to a pressure higher than atmospheric pressure;

(h) "CSA" means the Canadian Standards Association;

(i) "demolition" means the destruction or removal of all, or part, of an existing building or structure;

(ia) "Department" means the Department of Labour and Advanced Education;

(j) "designated" means, in relation to an employer, appointed in writing by the employer;

(k) "electrical installation" means the wires, machinery, apparatus, appliances, devices, material and equipment used or intended for use for the generation, transmission, distribution, supply and use of electrical power or energy, and includes a power line and power line equipment;

(l) "engineer" means a person who is registered as a member or licensed to practise under the Engineering Profession Act and is competent to do the work being performed;

(m) "firefighter" means

(i) an employee who provides fire suppression services to the public from a fire department within a municipality or local service district, or

(ii) an industrial firefighter;

(n) "guardrail" means a fall protection system consisting of vertical and horizontal members that

(i) are capable of withstanding concentrated forces, as prescribed in these regulations or an applicable standard,

(ii) warn of a fall hazard, and

(iii) reduce the risk of a fall;

(o) "hazardous substance" means chemical or biological material, dangerous goods within the meaning of the Dangerous Goods Transportation Act or a controlled product within the meaning of the Hazardous Products Act (Canada) that is likely to, because of its harmful nature, cause injury or damage to the health or safety of a person exposed to it;

(p) "hoist" means a device or equipment and its structure used for lifting or lowering material, including cranes, an automotive lift, a winch, a chain fall or other similar device, but does not include a lift truck, a power operated elevating work platform, a device to which the Elevators and Lifts Act applies or a hoist that operates in a shaft in the underground at a mine;

(pa) "ITSDF" means the Industrial Truck Standards Development Foundation;

(q) "industrial firefighter" means an employee who

(i) is designated to fight fires at the employee's place of employment, and

(ii) is employed by an employer who does not, in the normal course of its business, provide fire suppression services to the public;

(qa) "latest version" means, in relation to a standard or other publication, the latest edition of the standard or publication as supplemented, amended, added to, replaced or superseded;

(r) "lift truck" means a lift truck as defined in the latest version of ANSI standard ANSI/ITSDF B56.1, "Safety Standard for Low Lift and High Lift Trucks";

(s) "locked out" means to have

(i) isolated the energy source or sources from a machine, equipment, tool or electrical installation,

(ii) dissipated any residual energy in a system, and

(iii) secured the isolation of the energy source or sources by an inhibiting device that is operated by a key or other process,

and to have performed a "lock-out" has a similar meaning;

(t) "machine" Repealed. [N.S. Reg. 52/2000, s. 1]

(u) "manufacturer's specifications" means

(i) the written instructions of a manufacturer of a machine, material, tool or equipment that outline the manner in which the machine, material, tool or equipment is to be erected, installed, assembled, started, operated, used, handled, stored, stopped, adjusted, carried, maintained, repaired, inspected, serviced, tested, cleaned or dismantled, and

(ii) a manufacturer's instruction, operating or maintenance manual and drawings respecting a machine, tool or equipment;

(ua) "mobile crane" means a mobile crane to which the latest version of CSA standard CSA Z150 , "Safety Code on Mobile Cranes" applies;

(v) "NFPA" means the National Fire Protection Association;

(va) "overhead crane" means any mechanical device or structure that is used to raise, lower and move material that travels overhead and that incorporates a

(i) power driven drum, bridge and cable or rope,

(ii) single or multiple girder, and

(iii) moveable bridge carrying a moveable or fixed hoisting mechanism,

but does not include wall cranes, cantilever gantry cranes and semi-gantry cranes;

(vb) "personal flotation device" means personal protective equipment that is capable of supporting a person with their head above water without the direct effort of the person wearing the equipment;

(w) "power line" means the above-ground or underground wiring that is used to distribute electricity;

(x) "power line equipment" means the components that are required to distribute electricity by means of a power line;

(y) "power operated elevating work platform" means a mobile horizontal working surface that provides access and support to a person at a workplace, and that is elevated and lowered by means of a mechanism and [that complies with] Part 23: Scaffolds and Other Elevated Work Platforms, of the Workplace Health and Safety Regulations made under the Act, including a standard listed in subsection (4) thereof;

(z) "powered mobile equipment" means self-propelled equipment that is designed to operate on land in conditions other than a public highway, but does not include equipment primarily designed to transport persons, a lift truck or a power operated elevating work platform;

(aa) "SAE" means the Society of Automotive Engineers;

(ab) "structural fire-fighting" means the activities of rescue, fire suppression and conservation of property from fires involving buildings, structures, vehicles, vessels, aircraft or other large objects constructed by human effort;

(ac) "surface mine" means a work or undertaking, other than a trench, for the purpose of opening up, proving, removing or extracting any metallic or non-metallic mineral or mineral bearing substance, rock, earth, clay, sand or gravel by means of an open excavation, and includes a pit or quarry;

(ad) "tower crane" means any mechanical device or structure that

(i) incorporates a power-driven drum and cable or rope and a vertical mast or tower and a jib,

(ii) is of the traveling, fixed or climbing type, and

(iii) is used exclusively for raising, lowering and moving material;

(ae)"trench" means an excavation in which the excavation depth exceeds the excavation width;

(af) "work area" means a location at the workplace at which an employee or self-employed person is or is likely to be working;

(ag) "worked" means drilled, blasted, extracted, excavated, loaded or subjected to other similar work.

[N.S. Reg. 52/2000, s. 1; 151/2003; 53/2013, ss. 1, 93]

13. (1) Where an inspector considers that any amusement park or amusement device or structure contained therein or thereupon or any part thereof is a source of danger to the health and safety of persons in, on or about the amusement park, amusement devices or structures, the inspector

(a) shall give such directions in writing to the owner as the inspector considers necessary directing the owner immediately or within such time as the inspector specifies to

(i) take measures for guarding the source of danger, or

(ii) protect the safety or health of any person against dangers therefrom; and

(b) may direct that any amusement park, amusement device or structure shall not be used until his directions are complied with.

(1A) A direction made under clause (b) of subsection (1) may be made orally and be effective immediately.

(2) Where an inspector gives a direction under clause (b) of subsection (1), the inspector may affix to the amusement park, the amusement device or structure a notice of the direction and no person unless authorized by the inspector shall

(a) use the amusement park, amusement device or structure until the directions of the inspector are complied with; or

(b) removed the notice.

[S.N.S. 2004, c. 34, s. 2]

15. Where a person is injured or killed in an amusement park or as a result of being in, near or upon an amusement device or structure, the owner shall make a written report of the accident to the Chief Inspector within twenty-four hours after its occurrence.

16. (1) No person who has reasonable cause to believe that any amusement device or structure is unsafe or contravenes any provision of this Act or the regulations shall use or operate it or cause or permit it to be used or operated.

(2) No person shall use or operate an amusement device or structure in an unsafe manner or in a manner that does not comply with any provision of this Act or the regulations.

4. An owner must ensure that all of the following are complied with:

(a) all required equipment, material and safeguards are maintained in good condition;

(b) an amusement device is operated by a competent person;

(c) a licensed amusement device is constructed, installed, altered, repaired, maintained, serviced and tested by a mechanic, or by a person who is directly supervised by a mechanic;

(d) a licensed amusement device is given a daily inspection by a mechanic; and

(e) a copy of the Act, the regulations made under the Act and the latest edition of the applicable prescribed safety standards are available to the mechanic and other employees and maintained in good condition in the amusement park.

5. (1) Except as provided in subsection (2), an owner must ensure that all licensed amusement devices, structures and associated equipment are constructed, installed, altered, repaired, maintained, serviced, tested and inspected in accordance with the following safety standards, as amended from time-to-time, as applicable:

(a) CSA Standard CAN/CSA-Z267 , the Safety Code for Amusement Rides and Devices including Appendices;

(b) CSA Standard CAN/CSA-C22.1 Canadian Electrical Code Part 1, the Safety Standards for Electrical Installations.

(2) The Chief Inspector may accept compliance with another safety standard if it provides for a level of safety equal to or greater than the level of safety provided for in the prescribed safety standard.

7. A person must not act in, on or about an amusement device in a manner that may

(a) impair the safe operation of the amusement device; or

(b) endanger their safety or the safety of another person.

8. A person must not use an amusement device, or permit an amusement device to be used, regardless of whether the amusement device is licensed, that is

(a) not properly assembled; or

(b) defective in any parts, components, controls or safety equipment.