3. In this Act,

(a) "Administrator" means the person appointed as the Administrator for the purpose of this Act or the regulations, and includes an Acting Administrator;

(b) "Advisory Board" means the Technical Safety Advisory Board, or a sub-committee of the Advisory Board, established pursuant to this Act or the regulations;

(c) "aggrieved person" means a person who is both directly and immediately aggrieved with respect to a matter for the purpose of a review or an appeal;

(d) "alternative compliance method" means the written authorization from a chief inspector to substitute a method of compliance for a requirement in this Act, the regulations or a standard;

(e) Omitted. [ N.S. Reg. 8/2011]

(f) "Appeal Board" means the Appeal Board referred to in Section 33;

(g) "appointment" means a written appointment to a position;

(h) "authorization" means any form of authorization such as an appointment, licence, permit, registration, certification, certificate of competency, alternative compliance method or minor variance, and includes an authorization granted by a recognized certification organization;

(i) "boiler" means a vessel in which steam or other vapour can be generated under pressure or in which a liquid can be put under pressure by the application of a heat source;

(j) "boiler plant" means any installation consisting of one or more boilers and any plant prescribed as a boiler plant by the regulations, and includes any pipe or fitting, prime mover, machinery or other equipment attached;

(k) "certificate of competency" means a certificate granted by a chief inspector or a recognized certification organization to an individual pursuant to this Act or the regulations, and includes a certificate of qualification;

(l) "certification", for the purpose of Section 25, means a certification that a regulated product met the requirements of this Act, the regulations or a standard;

(m) "certification mark" means a mark or other identification of a recognized certification organization certifying that a regulated product on which it is placed meets the standard that the product must meet for that certification;

(n) "chief inspector" means a chief inspector appointed pursuant to this Act;

(o) "compliance audit" means an examination by an inspector of any information, record or other material that the inspector requires an owner, operator or other person to submit for the purpose of obtaining or continuing to hold a licence, permit, registration, certification or certificate of competency pursuant to this Act or the regulations;

(p) "contractor" means any individual, corporation, company, firm, organization or partnership performing or engaging to perform for the contractor's own use or benefit, or for that of another and with or without remuneration or gain, any activity with respect to any regulated work to which this Act or the regulations applies;

(q) "crane" means a lifting device as prescribed by the regulations;

(r) "Department" means the Department of Labour and Workforce Development;

(s) "device" means a mechanism, tool or other piece of equipment designed for a specific purpose, and includes a crane, electrical device, elevating device, amusement device or other device as prescribed by the regulations;

(t) "directive" means a written guide by a chief inspector on the interpretation, application or operation of this Act, the regulations or a standard;

(u) Omitted. [ N.S. Reg. 8/2011]

(v) Omitted. [ N.S. Reg. 8/2011]

(w) "equipment" means one or more assemblies capable of performing a function as prescribed by the regulations;

(x) "fee" means the applicable fee pursuant to this Act or the regulations;

(y) "fuel" means a material that is burnt to release heat energy as prescribed by the regulations;

(z) "incident" means an event occurring as a result of regulated work, or the testing, use or operation of a regulated product, that

(i) causes death, personal injury or damage to property, or

(ii) creates a risk of personal injury or damage to property;

(aa) "inspection" means the critical examination of a thing, property or activity to determine its conformance with this Act, the regulations, a standard or a specification, and includes investigating, monitoring or auditing;

(ab) "inspection agency" means an inspection agency required or authorized by this Act or the regulations to carry out an inspection for compliance with this Act or the regulations or any part of this Act or the regulations, and includes the persons employed by the agency to inspect;

(ac) "inspector" means an inspector appointed pursuant to this Act or the regulations, and includes the Administrator and a chief inspector but not an inspection agency;

(ad) "licence" means authorization to engage in an action or activity granted pursuant to this Act or the regulations;

(ae) "Minister" means the Minister of Labour and Workforce Development;

(af) "minor variance" means an authorization granted b y a chief inspector to vary from a minor requirement in this Act, the regulations or a standard or permission for the use of a regulated product in a manner other than the standard use that is not specifically prohibited under this Act;

(ag) "municipality" has the same meaning as in the Municipal Government Act;

(ah) "operator" means a person who operates a device, equipment, system, property or plant regulated by this Act or the regulations as the whole or a part of the normal duties of that person;

(ai) "owner" means any person, firm, corporation or unincorporated body, lessee, agent, syndicate, association, corporation or club that

(i) owns, controls, leases, manages or is in possession of property or any part of a property,

(ii) owns, controls, leases or manages an activity on a property,

(iii) owns, controls, leases, manages or is in possession of a device, equipment, system or plant,

(iv) is in charge of a property, thing or activity,

(v) in the absence of proof to the contrary, is the person assessed for a property, or

(vi) is prescribed as an owner by this Act or the regulations;

(aj) "permit" means authorization to engage in an activity within the scope of this Act or the regulations granted pursuant to this Act or the regulations;

(ak) "plant" means property used for regulated work, including a boiler plant or a refrigeration plant as prescribed by the regulations;

(al) "pressure system" means a system of pipes, vessels, tanks, reactors or other equipment or interconnections operating with an internal pressure greater than the barometric pressure, and includes a boiler, pressure vessel, pressure piping system, pressure plant or other similar device as prescribed by the regulations;

(am) "property" means land, premises or any portion thereof in, on or under which a regulated product is located or where regulated work is done and includes any installation, building, structure, equipment, system or device situated on the property;

(an) "recognized certification organization" means a certification organization accredited for a specific purpose prescribed by the regulations as a recognized certification organization;

(ao) "refrigeration plant" means an installation consisting of pressure vessels, pipes, fittings, machinery or other equipment by which refrigerants are vaporized, compressed and liquified in the refrigerating cycle, and includes any installation as prescribed by the regulations;

(ap) "refrigeration system" means a system consisting of pressure vessels, pipes, fittings, machinery or other equipment by which refrigerants are vaporized, compressed and liquified in the refrigerating cycle, and includes any system as prescribed by the regulations;

(aq) "registration" means the entering of information or data into an official record as required by this Act or the regulations;

(ar) "regulated product" means a product or a part of that product prescribed as a regulated product in the regulations;

(as) "regulated work" means

(i) the assembly, manufacture, construction, installation, operation, testing, maintenance or repair of a regulated product,

(ii) the alteration of a regulated product, and

(iii) an activity that is prescribed as regulated work by the regulations;

(at) "review" means an internal review of a decision carried out by the Administrator pursuant to Section 32;

(au) "sealing" means a measure taken by an inspector or inspection agency as authorized by this Act or the regulations to isolate any device, equipment, regulated product, system, thing, plant or property so that it will not be occupied, used or operated;

(av) "standards" means the applicable codes, standards or guidelines adopted pursuant to this Act or the regulations;

(aw) "system" means a combination of two or more pieces of equipment integrated to perform a specific function.

27. An owner of a regulated plant or any person performing regulated work in a regulated plant must ensure that regulated work performed at the plant is in compliance with the applicable PE standards and these regulations.

28. (1) Except as provided in subsections (2) and (3), an owner of a regulated plant must designate 1 of the following as required for the class of plant owned:

(a) a power engineer as chief power engineer for the plant;

(b) a plant operator as chief plant operator for the regulated plant.

(2) An owner who owns more than 1 regulated plant on a plant site may designate 1 person under subsection (1) for all the regulated plants on that plant site.

(3) An owner who owns 1 or more guarded regulated plants operating under minimum supervision may designate 1 person under subsection (1) for all the guarded regulated plants.

(4) An owner of a regulated plant must ensure that the chief power engineer or chief plant operator of the plant

(a) is available during the regular working hours of the plant; and

(b) does not work as a shift power engineer while employed as a chief power engineer in a first or second class boiler plant.

(5) An owner of a regulated plant must ensure that the chief power engineer or chief plant operator of the plant complies with Section 30.

29. (1) If the chief power engineer or chief plant operator of a regulated plant is absent from a plant site for more than 96 consecutive hours, the owner of the plant must assign the duties and responsibilities of the chief power engineer or chief plant operator to another power engineer or plant operator at the regulated plant to act as temporary chief power engineer or chief plant operator for the plant during the absence.

(2) Except as provided in Section 32, an owner of a regulated plant must ensure that a temporary chief power engineer or chief plant operator holds a class of PE licence not more than 1 class lower than the class of PE licence required of the chief power engineer or chief plant operator who is absent.

(3) An owner of a regulated plant must not assign duties and responsibilities to a temporary chief power engineer or chief plant operator under this Section for longer than either of the following:

(a) 30 calendar days a year;

(b) the number of days a year authorized in writing by the PE chief inspector.

30. (1) The chief power engineer or chief plant operator of a regulated plant must establish and implement procedures for safely installing, inspecting, operating and maintaining the plant and plant equipment in accordance with the applicable PE standards.

(2) To ensure the procedures referred to in subsection (1) are carried out correctly, the chief power engineer or chief plant operator of a regulated plant must supervise the work and duties of all of the following:

(a) power engineer or plant operators on the plant site;

(b) trainees;

(c) any person doing maintenance work in the regulated plant that affects the operation of the plant.

(3) The chief power engineer or chief plant operator of a regulated plant must ensure all of the following:

(a) that a logbook is maintained in accordance with Section 33;

(b) that the plant is operated by enough power engineers or plant operators who hold the required class of PE licence and are adequately trained to operate the regulated plant;

(c) that a copy of both the Act and these regulations are available to the power engineers and plant operators on the plant site.

31. (1) If a shift power engineer or shift plant operator is absent from a regulated plant, the chief power engineer or chief plant operator of the plant may assign the duties and responsibilities of the shift power engineer or shift plant operator to another power engineer or plant operator to act as a temporary shift power engineer or shift plant operator for the plant during the absence.

(2) Except as provided in Section 32, the chief power engineer or chief plant operator of a regulated plant must ensure that a temporary shift power engineer or shift plant operator holds a class of PE licence not more than 1 class lower than the class of PE licence required of the shift power engineer or shift plant operator who is absent.

(3) A chief power engineer or chief plant operator of a regulated plant must not assign duties and responsibilities to a temporary shift power engineer or shift plant operator under this Section for longer than either of the following:

(a) 30 calendar days a year;

(b) the number of days a year authorized in writing by the PE chief inspector.

32. In special circumstances, the PE chief inspector may approve the holder of a class of PE licence to perform the duties of a person holding a class of PE licence of the next higher class in accordance with conditions established by the PE chief inspector and for the time period specified by the PE chief inspector.

33. (1) An owner of a regulated plant must provide a logbook at each plant site.

(2) For each shift, a power engineer or plant operator in charge of the shift must record all of the following information in the logbook and sign the logbook:

(a) the time, date and designation of the shift;

(b) their name;

(c) the name of each power engineer or plant operator on the shift;

(d) the name of each trainee on the shift;

(e) the plant conditions;

(f) any abnormal plant conditions and any corrective actions required or taken;

(g) any order or direction given that is

(i) contrary to normal operating procedure, or

(ii) in addition to normal operating procedure;

(h) all of the following for any order or direction referred to in clause (g):

(i) the name of the person who gave the order or direction,

(ii) the time the order or direction was given,

(iii) the reason for the order or direction;

(i) except as provided in subsection (3), the nature and frequency of any preventative maintenance procedures provided for the plant, including the testing and recording of all operational logging, control, alarm and safety systems;

(j) except as provided in subsection (3), details of any repairs made to the plant, including all of the following:

(i) the time the repairs were started,

(ii) the time the repairs where completed,

(iii) the name of the person who made the repairs.

(3) The plant operator or power engineer does not have to record the information required by clause (2)(i) or (j) in the logbook if the information is recorded separately by the owner of the regulated plant in records that are readily available to a PE inspector and the chief power engineer or chief plant operator.

(4) An owner of a regulated plant must keep the logbook and any information recorded under subsection (3) available for inspection by a PE inspector for at least 12 months from the date information was last recorded.

34. (1) The information recorded in a logbook may be computerized if the use of an electronic logbook is approved by the PE chief inspector.

(2) The signature of a individual required to sign a logbook may be in the form of an electronic signature if the electronic signature can only be entered into the computer by the individual.

(3) An electronic logbook for a regulated plant must have a tamper-proof security feature that permits saved information to be changed only by the software administrator and the chief power engineer or chief plant operator for the plant.

35. An owner of a regulated plant must make any information requested by a PE inspector available for review for a compliance audit, including all of the following:

(a) any information related to the operation of the plant;

(b) any evidence or records related to registration of the plant;

(c) any evidence or records related to supervision of the plant, including any authorization for reduced supervision of the plant;

(d) any evidence or records related to a current maintenance contract for an unsupervised plant;

(e) evidence or records related to PE certificates of qualification or PE licences held by employees at the plant.

36. The notice of an incident required under Section 13 of the Act involving a regulated plant must be given by telephone, fax or e-mail no later than 24 hours after the incident occurs and must be followed by a written report if required by the Administrator or the Administrator's designate.

21. (1) An owner, chief power engineer or chief plant operator of a regulated plant that is required to be guarded must establish a maintenance schedule for the control, alarm and safety devices and systems and the guarded controls required by Sections 22 to 26 and must maintain them in accordance with the maintenance schedule.

(2) An owner, chief power engineer or chief plant operator of a regulated plant that is required to be guarded must test and calibrate, in accordance with the manufacturer's specifications, the control, alarm and safety devices and systems and the guarded controls required by Sections 22 to 26.

22. (1) An owner of a regulated plant that is operated under conditions that require it to be guarded under these regulations must equip the plant with all of the following:

(a) an extended alarm system that is capable of initiating an alarm to a monitoring system in a location that is continuously attended when the plant is operating under guarded conditions;

(b) an automatic control system that safely operates the plant when the power engineer or plant operator in charge stops manually operating the controls.

(2) An owner of a regulated plant must ensure that when an alarm signal is initiated by an extended alarm system at a guarded plant, the power engineer or plant operator responsible for the plant is immediately notified by the person monitoring the system.

(3) An owner of a regulated plant must equip any tripping device required by Sections 23 to 26 with a manual reset that is secured and prevents access by any person other than a power engineer or plant operator.

23. In addition to the equipment required by Section 22, an owner of a guarded fired power boiler plant must equip the plant with all of the following:

(a) a device that purges the furnace chamber in accordance with the manufacturer's specifications each time the boiler is put into use;

(b) a flame-failure tripping device that detects a flame failure and instantly stops and prevents the supply of fuel to the boiler if a flame failure occurs;

(c) a low-water-level tripping device, separate from any other device that controls the water level in the boiler during normal operation under automatic control, that instantly stops and prevents the supply of fuel to the boiler if the boiler water falls below the safe operating level specified by the manufacturer;

(d) a high-water-level tripping device, separate from any other device that controls the water level of the boiler during normal operation under automatic control, that instantly stops and prevents the supply of fuel to the boiler if the water in the boiler goes above the safe operating level specified by the manufacturer;

(e) except if the manufacturer's design does not include one, a low-combustion-air-pressure tripping device that instantly stops and prevents the supply of fuel to the boiler if the combustion air falls below the safe operating pressure specified by the manufacturer;

(f) a high-pressure tripping device that instantly stops and prevents the supply of fuel to the boiler if the boiler pressure reaches the lower of the following:

(i) the maximum allowable working pressure,

(ii) an established high-pressure limit specified by the manufacturer;

(g) a kill switch device, mounted in a visible and readily accessible location outside the boiler room, that enables a person to turn the boiler off safely in an emergency.

24. In addition to the equipment required by Section 22, an owner of a guarded high-temperature, highpressure, hot-water heating boiler plant must equip the plant with all of the following:

(a) a high-water-temperature tripping device that instantly stops and prevents the supply of fuel to the boiler when the water in the boiler goes above the safe operating temperature specified by the manufacturer;

(b) the devices referred to in clauses 23(a), (b), (c), (e), (f) and (g).

25. (1) In addition to the equipment required by Section 22, an owner of a regulated plant must equip a guarded refrigeration plant with all of the following:

(a) unless the design prevents the possibility of liquid refrigerant being drawn into the compressor, a high-level-liquid tripping device in the evaporator or the refrigerant suction accumulator that instantly stops the electric motor or prime mover of the compressor and prevents it from re-starting if the liquid in the refrigerant level goes above the safe level specified by the manufacturer;

(b) a high-temperature tripping device, located in the coolant discharge line or in the discharge line of the compressor, that instantly stops the electric motor or prime mover of the compressor and prevents it from re-starting if the coolant or discharge gas goes above the safe operating temperature specified by the manufacturer;

(c) a high-discharge-pressure tripping device that instantly stops the electric motor or prime mover of the compressor and prevents it from re-starting if the discharge of the compressor goes above the safe operating pressure specified by the manufacturer;

(d) for a pressurized lubricating oil system, a low-oil-pressure tripping device that instantly stops the electric motor or prime mover of the compressor and prevents it from re-starting if the oil falls below the safe operating pressure specified by the manufacturer;

(e) a kill switch device that is mounted in a visible and readily accessible location outside the compressor room that enables a person to turn the compressor off safely in an emergency;

(f) a machinery room as required by the applicable PE standards.

(2) An owner of a regulated plant must equip a guarded refrigeration plant with a vapour detector that activates at the following concentration values:

(a) for a refrigerant other than ammonia, at a value less than the threshold limit value-time weighted average (TLV/TWA) concentration value for the refrigerant;

(b) if the refrigerant is ammonia, at the maximum concentration value for ammonia established in the applicable PE standards.

26. In addition to the equipment required by Section 22, an owner of a guarded compressor plant must equip the plant with all of the following:

(a) each of the devices described in clauses 25(1)(c), (d) and (e);

(b) a high-discharge-temperature tripping device in the discharge line of the compressor that instantly stops the electric motor or prime mover of the compressor and prevents it from re-starting if the discharge gas goes above the safe operating temperature specified by the manufacturer;

(c) for a water-cooled compressor, one of the following devices that will instantly stop the electric motor or prime mover of the compressor and prevent it from re-starting if the cooling water pressure or temperature is outside the safe operating pressure or temperature specified by the manufacturer:

(i) a low-water-pressure tripping device in the cooling water inlet line,

(ii) a high-water-temperature tripping device in the cooling water outlet line;

(d) for an air-cooled compressor, a fan-motor-overload tripping device that instantly stops the electric motor or prime mover of the compressor and prevents it from restarting if the air cooling fan becomes overloaded;

(e) for a compressor that is driven by an electric motor, a motor-overload tripping device that stops the electric motor of the compressor and prevents it from re-starting if the motor becomes overloaded.

2. (1) In these regulations,

"Act" means the Technical Safety Act;

"apprentice" means an apprentice registered under the Apprenticeship and Trades Qualifications Act and enrolled in a program under that Act to qualify for a PE certificate of qualification;

"assistant shift plant operator" of a regulated plant means a plant operator or power engineer who holds a class of PE licence that is at least equivalent to 1 class lower than the licence required for the regulated plant's shift plant operator and who, under the supervision of a shift plant operator or shift power engineer, operates or is responsible for a section of a refrigeration plant or compressor plant;

"assistant shift power engineer" of a regulated plant means a power engineer who holds a class of PE licence that is at least equivalent to 1 class lower than the licence required for the regulated plant's shift power engineer and who, under the supervision of a shift power engineer, operates or is responsible for a section of a plant;

"automatic control" means a device that starts, stops and modulates the operations of a plant without

"boiler plant" means a single boiler or multiple boilers with a common distribution system that are considered to be 1 plant under Section 10, and includes a fired power boiler plant, an unfired power boiler plant or a heating boiler plant;

"Canadian Association of Chief Inspectors" or "ACI" means the association of chief inspectors for boilers and pressure vessels or equipment that acts as a technical committee for the Canadian Standards Association and is responsible for reviewing and making recommendations on standards, products or procedures for regulated products, regulated plants and regulated work;

"chief plant operator" means a plant operator or a power engineer who has charge of and responsibility for the operation of a refrigeration plant or compressor plant and is designated as the chief plant operator of the plant in accordance with Section 28, and includes a chief plant operator designated on a temporary basis under Section 29;

"chief power engineer" means a power engineer who has charge of and responsibility for the operation of a regulated plant and is designated as the chief power engineer of the plant in accordance with Section 28, and includes a chief power engineer designated on a temporary basis under Section 29;

"coiled-tube boiler" means a boiler that is

(i) equipped with 1 or more coils or tubes with forced water circulation submitted to flame action, and

(ii) not equipped with a storage tank;

"compressor plant" means an installation consisting of any type of compressor, pressure vessels, pipes, fittings, machinery or other equipment used for compressing and storing air or other gas under pressure;

"continuous supervision", in relation to a regulated plant, means that the plant is supervised by a power engineer or plant operator located in each of the following locations:

(i) in the plant and within the audible and visual range of the alarm system for the plant,

(ii) in the primary control area of the plant, where the person can manually control the plant by starting, stopping, restarting or modulating the operations of the plant;

"direct supervision", in relation to a trainee at a regulated plant, means that the trainee is supervised by a power engineer or plant operator who

(i) is physically in the plant,

(ii) has control over the trainee's activities,

(iii) instructs and directs the trainee, and

(iv) is in direct communication with the trainee whenever the trainee is performing the duties of a power engineer or plant operator;

"expansible fluid" means either of the following:

(i) a vapour or gaseous substance,

(ii) a substance that is a liquid under its current pressure and temperature but that will change to a gas or vapour when the pressure is reduced to atmospheric pressure;

"extended alarm system" means an alarm system that meets all of the following criteria:

(i) it extends beyond the room that houses the plant,

(ii) it audibly and visually warns the power engineer, plant operator and any person in the vicinity of the plant that there is an abnormal operating condition at the plant,

(iii) it cannot be shut off until any abnormal condition warned of is rectified or the plant is shut down;

"fired", in relation to a boiler, means that the boiler contents are heated by electricity or the product of combustion of a fuel;

"Group A1" or "A1", in relation to refrigerants, means the Group A1 class of refrigerant as defined and classified in the PE standards;

"Group A2" or "A2", in relation to refrigerants, means the Group A2 class of refrigerant as defined and classified in the PE standards;

"Group A3" or "A3", in relation to refrigerants, means the Group A3 class of refrigerant as defined and classified in the PE standards;

"Group B1" or "B1", in relation to refrigerants, means the Group B1 class of refrigerant as defined and classified in the PE standards;

"Group B2" or "B2", in relation to refrigerants, means the Group B2 class of refrigerant as defined and classified in the PE standards;

"Group B3" or "B3", in relation to refrigerants, means the Group B3 class of refrigerant as defined and classified in the PE standards;

"guarded", in relation to a regulated plant, means that the plant meets all of the following criteria:

(i) it functions automatically under automatic controls and with safety devices that limit the operation of the plant to preset safety parameters,

(ii) it is equipped and maintained in accordance with the requirements for guarded plants in Sections 21 to 26, or as otherwise required under these regulations;

"heating boiler" means a fired steam boiler or a fired high-temperature hot-water boiler;

"indirect system" means a system with a secondary coolant that is cooled or heated by a refrigeration system and circulated to the air or other substance to be cooled or heated;

"interprovincial certificate of qualification" means a category of PE certificate of qualification granted by the PE chief inspector to an individual who has successfully completed the examinations prepared by the Standardization of Power Engineers Examinations Committee (SOPEEC) established by the Canadian Association of Chief Inspectors, in recognition of the individual's qualifications to perform the category of regulated work covered under the class of the PE certificate of qualification as recognized by these regulations;

"logbook" means either of the following used for keeping a record of plant operations and maintenance:

(i) a bound book with numbered pages,

(ii) a record kept in an electronic format approved by the PE chief inspector;

"minimum supervision", in relation to a regulated plant, means that the plant is supervised by a power engineer or plant operator who manually starts the plant when the plant is not operating under automatic control;

"PE certificate of qualification" means a certificate of competency in the form of an interprovincial certificate of qualification or a Provincial certificate of qualification;

"PE chief inspector" means the inspector designated as chief inspector for the purposes of the Act and these regulations;

"PE fees" means the fees for power engineer services set by the Minister in the Technical Safety Fees Regulations made under the Act;

"PE inspector" means an inspector designated for the purposes of the Act and these regulations;

"PE licence" means a licence for undertaking regulated work under Section 23 of the Act that is granted to an individual by the PE chief inspector to authorize the individual to operate a regulated plant or perform the category of regulated work covered by the class of the licence as specified in the licence;

"PE standards" means the standards for power engineers or plant operators established or adopted by the Minister in the Technical Safety Standards Regulations made under the Act;

"periodic supervision", in relation to a regulated plant, means that the plant is supervised by a power engineer or plant operator who

(i) is located on the plant site within range of the extended alarm system for the regulated plant whenever the plant is being operated and any building containing or serviced by the plant is occupied, and

(ii) starts the plant manually whenever the regulated plant is not operated under automatic control;

"plant operator" means an individual who holds a PE licence under these regulations that is of a class of licence that authorizes them to perform the work or duties of a plant operator in a position specified for a class of plant as set out in Sections 43 to 54;

"plant registration certificate" means a certificate issued by the PE chief inspector to the owner of a regulated plant that displays all of the following as determined in accordance with these regulations:

(i) the plant's classification under these regulations,

(ii) the plant's TPPR,

(iii) the supervision required for the plant,

(iv) the class of PE licence that must be held by the chief power engineer or chief plant operator and the shift power engineer or shift plant operator of the regulated plant;

"plant site" means the regulated plant and the property on which the plant is situated that is leased or owned by the owner, but does not include property that is separated by a public access route;

"power boiler" means a fired or unfired steam boiler;

"power engineer" means an individual who holds a PE licence under these regulations that is of a class of licence that authorizes them to perform the work or duties of a power engineer or plant operator in a position specified for a class of plant as set out in Sections 43 to 54;

"power rating" means the power rating of a regulated product measured in kilowatts (kW), as determined under Section 9;

"pressure" means pressure in kilopascals (kPag) or pounds per square inch (psig) as measured by a pressure gauge directly connected to the equipment that contains the pressurized material the gauge is measuring the pressure of;

"pressure vessel" means a vessel or other apparatus, other than a boiler, that is or may be used for containing, storing, distributing, transferring, distilling, processing or otherwise handling gas, air or liquid at a pressure of higher than 103 kPag (15 psig) and that has the following measurements:

(i) a diameter of larger than 152 mm (6 in.),

(ii) a capacity of greater than 42.5 L (1.5 cu. ft.);

"Provincial certificate of qualification" means a category of PE certificate of qualification granted to an individual by the PE chief inspector in recognition of the individual's qualifications to conduct the category of regulated work covered by the class of PE certificate of qualification as specified in these regulations;

"reduced supervision", in relation to a regulated plant, means a level of reduced supervision authorized under Section 16;

"regulated plant" means a plant prescribed in Section 3;

"self-contained system" means a system that meets all of the following criteria:

(i) it is completely factory made and tested,

(ii) it is fully framed or enclosed,

(iii) it is fabricated and shipped in 1 or more sections,

(iv) any parts of it that contain refrigerant are not connected in the field other than by companion or block valves;

"shift plant operator" of a regulated plant means a plant operator or power engineer who has charge of and operates the plant under the direction and supervision of a chief plant operator or chief power engineer and who holds a class of PE licence at least equivalent to 1 class lower than the class of PE licence required for the chief plant operator or chief power engineer of the plant;

"shift power engineer" of a regulated plant means a power engineer who has charge of and operates the plant under the direction and supervision of a chief power engineer and who holds of a class of PE licence at least equivalent to 1 class lower than the class of PE licence required for the chief power engineer of the plant;

"supervision", in relation to an individual in a regulated plant other than a trainee, means that the individual is supervised by a power engineer or plant operator at the plant who

(i) instructs and directs the individual,

(ii) is responsible for the individual's actions at the plant, and

(iii) provides assistance and support to the individual;

"TPPR" of a regulated plant means the total plant power rating of the plant measured in kilowatts (kW), as determined under Section 10;

"trainee" means an individual, including an apprentice, who

(i) is in a training program and actively pursuing an initial class of PE certificate of qualification, or

(ii) is performing regulated work at a regulated plant but does not hold the minimum class of PE certificate of qualification required to apply for a PE licence to perform that category of regulated work at the plant;

"unfired", in relation to a boiler, means that steam is generated in the boiler without the combustion of a fuel or the direct application of an electrical heat source;

"unsupervised plant", in relation to a regulated plant, means a plant that may be operated without a power engineer or plant operator, in accordance with Sections 16 and 20.

(2) A term defined in Section 2 of the Technical Safety General Regulations made under the Act has the same meaning when used in these regulations.

3. All of the following are prescribed as plants under the Act:

(a) all of the following boiler plants:

(i) a fired power boiler plant that meets all of the following criteria:

(A) it is equipped with a safety valve designed to operate at pressures of higher than 103 kPag (15 psig),

(B) it has a TPPR of higher than 500 kW,

(ii) a fired power boiler plant that has a high-pressure coiled-tube boiler and that meets all of the following criteria:

(A) it has a water volume of greater than 284 L,

(B) it has a TPPR of higher than 500 kW,

(iii) a fired power boiler plant that has a low-pressure coiled-tube boiler and that meets all of the following criteria:

(A) it has a water volume of greater than 568 L,

(B) has a TPPR of higher 3500 kW,

(iv) an unfired power boiler plant that meets all of the following criteria:

(A) it is equipped with a safety valve designed to operate at pressures of higher than 103 kPag (15 psig),

(B) has a TPPR of higher than 3500 kW,

(v) a heating boiler plant that has a TPPR of higher than 1500 kW and that meets either of the following criteria:

(A) it has a fired steam boiler that is equipped with a safety valve designed to operate at pressures of 103 kPag (15 psig) or lower,

(B) it has a fired high-temperature hot-water boiler designed to operate at pressures of higher than 1100 kPag (160 psig) or has a water temperature at any boiler outlet of higher than 121 °C (250 °F);

(b) all of the following refrigeration plants:

(i) a refrigeration plant that uses a Group A1 or B1 refrigerant and meets either of the following criteria:

(A) it is in a public assembly, institutional or residential occupancy, as defined in the PE standards, and has a TPPR of higher than 75 kW,

(B) it is in it a commercial or industrial occupancy, as defined in the PE standards, and has a TPPR of higher than 150 kW,

(ii) a refrigeration plant that uses a Group A2, A3, B2 or B3 refrigerant and has a TPPR of higher than 37.5 kW;

(c) all of the following compressor plants:

(i) a compressor plant that compresses air or a non-flammable or non-toxic gas, other than oxygen, uses any type of compressor and has a TPPR of higher than 350 kW,

(ii) a compressor plant that compresses a flammable or toxic gas or oxygen, uses any type of compressor and has a TPPR of higher than 37.5 kW.

15. (1) An owner of a regulated plant must provide continuous supervision of the plant unless the PE chief inspector authorizes reduced supervision under Section 16.

(2) An owner or person in charge of a regulated plant, other than a regulated plant that is authorized under Section 16 to operate as an unsupervised plant, must not operate the plant or permit the plant to be operated unless it is operated in accordance with all of the following:

(a) it is operated under the supervision of a power engineer or a plant operator who holds a class of PE licence that qualifies them to act as the chief power engineer or chief plant operator of the plant;

(b) it is operated under the level of supervision authorized under these regulations for the regulated plant and in accordance with the requirements for the level of supervision.

(3) The PE chief inspector may direct an owner of a regulated plant to employ additional power engineers or plant operators with the required class of PE licence if the PE chief inspector is satisfied that

(a) the number of power engineers or plant operators employed by the owner is not enough to safely operate the plant;

(b) the power engineers or plant operators employed by the owner do not hold the required class of PE licence.

(4) If the PE chief inspector is not satisfied that one of the levels of supervision under these regulations is appropriate to safely operate a boiler, refrigeration or compressor plant, the PE chief inspector may direct the owner to follow additional supervision requirements for the plant above those usually required for the level of supervision.

16. (1) An owner of a regulated plant may apply to the PE chief inspector for authorization to operate the plant under less than continuous supervision and operate the plant at 1 of the following reduced levels of supervision:

(a) periodic supervision;

(b) minimum supervision;

(c) unsupervised.

(2) The PE chief inspector may authorize a reduced level of supervision for a regulated plant if the plant meets all of the following criteria:

(a) the plant is guarded and meets all the requirements for a guarded plant, including being equipped with an extended alarm system;

(b) the plant meets the requirements for the level of reduced supervision in

(i) Section 18 for periodic supervision,

(ii) Section 19 for minimum supervision,

(iii) Section 20 for an unsupervised plant.

(3) The PE chief inspector may authorize a reduced level of supervision for a regulated plant or change the level of supervision authorized for a regulated plant that is already authorized to operate under reduced supervision on a temporary basis if the conditions set out in subsection (2) are met.

(4) An owner of a regulated plant must not operate the plant or permit the plant to be operated under a reduced level of supervision unless all of the following conditions are met:

(a) the plant is authorized to operate at the reduced level of supervision under this Section;

(b) the plant continues to meet the conditions set out in subsection (2) and any additional requirements directed for the plant under subsection 15(4).

17. (1) An owner of a regulated plant that is authorized to operate at a reduced level of supervision under Section 16 must immediately change the level of supervision for the plant to continuous supervision if any of the following occurs:

(a) the extended alarm system or one of the required control, alarm and safety devices and systems is inoperative or ineffective;

(b) the plant no longer meets the conditions in subsection 16(4);

(c) the PE chief inspector is not satisfied that the reduced level of supervision is appropriate to safely operate the plant and suspends or revokes the authorization to operate at a reduced level of supervision.

(2) If the level of supervision for a regulated plant is changed under subsection (1) and is required to stay changed for longer than 14 days, the owner of the plant must apply to the PE chief inspector for a new plant registration certificate.

18. (1) Only the following types of regulated plants may be operated under periodic supervision:

(a) a fourth class fired power boiler plant;

(b) a fourth class heating boiler plant;

(c) a first or second class refrigeration plant that uses a Group A2, A3, B2 or B3 refrigerant and meets the following criteria:

(i) for a plant whose primary occupancy is a commercial or industrial occupancy,

(A) the plant has capacity control, failure detection and controller systems, and

(B) the plant has a TPPR of 1000 kW or lower, or an indirect system;

(ii) for a plant whose primary occupancy is a public assembly, institutional or residential occupancy,

(A) the plant has a TPPR of 450 kW or lower, or

(B) the plant has an indirect system with a TPPR of 1000 kW or lower;

(d) a first or second class refrigeration plant that uses a Group A1 or B1 refrigerant;

(e) a compressor plant that has a TPPR of 350 kW or lower that compresses oxygen or a flammable or toxic gas;

(f) a compressor plant that has any TPPR that compresses air or non-flammable or non-toxic gas.

(2) A power engineer or plant operator of a regulated plant that is operating under periodic supervision must not leave the plant site without ensuring all of the following:

(a) that the plant is operating under automatic control safely and in accordance with the manufacturer's specifications;

(b) that the plant is guarded;

(c) that any building containing or serviced by the plant is unoccupied.

(3) A power engineer or plant operator for a regulated plant that is operating under periodic supervision must visit the plant at least once in every 12-hour period that the plant is unoccupied, to ensure all of the following:

(a) that the plant remains guarded;

(b) that the plant is operating safely and in accordance with the manufacturer's specifications.

19. (1) Only the following types of regulated plants may be operated under minimum supervision:

(a) a fourth class fired power boiler plant that has a TPPR of 1000 kW or lower;

(b) a fourth class heating boiler plant that has a TPPR of 2000 kW or lower;

(c) an unfired power boiler plant of any class that meets the guarded control requirements for a guarded plant specified by the PE chief inspector;

(d) a refrigeration plant whose primary occupancy is a commercial or industrial occupancy that meets the following criteria:

(i) it is a first or second class refrigeration plant that

(A) uses a Group A2, A3, B2 or B3 refrigerant,

(B) has a TPPR of 450 kW or lower, or an indirect system with a TPPR of 1000 kW or lower, and

(C) has capacity control, failure detection and controller systems,

(ii) it is a second class refrigeration plant that

(A) uses a Group A1 or B1 refrigerant,

(B) has a TPPR of 1000 kW or lower, and

(C) has capacity control, failure detection and controller systems;

(e) a refrigeration plant whose primary occupancy is a public assembly, institutional or residential occupancy that meets the following criteria:

(i) it is a second class refrigeration plant that

(A) uses a Group A2, A3, B2 or B3 refrigerant, and

(B) has a TPPR of 150 kW or lower, or an indirect system with a TPPR of 450 kW or lower;

(ii) it is a second class refrigeration plant that

(A) uses a Group A1 or B1 refrigerant, and

(B) has a TPPR of 450 kW or lower, or an indirect system;

(f) a compressor plant that compresses oxygen or a flammable or toxic gas and has a TPPR of 150 kW or lower;

(g) a compressor plant that compresses air or a non-flammable or non-toxic gas and has a TPPR of 750 kW or lower.

(2) A power engineer or plant operator of a regulated plant that is operating under minimum supervision must not leave the plant site without ensuring all of the following:

(a) that the plant is operated under automatic control safely and in accordance with the manufacturer's specifications;

(b) that the plant is guarded.

(3) A power engineer or plant operator for a regulated plant that is operating under minimum supervision must visit the plant at least once in every 24-hour period that the plant is unoccupied, to ensure that the plant remains guarded.

20. (1) Only a second class refrigeration plant that meets all of the following specifications may be operated as an unsupervised plant:

(a) the plant has a self-contained system installed in accordance with the applicable PE standards and has a TPPR of 350 kW or lower;

(b) the plant is made up of centrifugal chillers that

(i) are used for air conditioning for the comfort of inhabitants and cool the air by circulating chilled water only, and

(ii) use a Group A1 or B1 refrigerant;

(c) the plant operates at a pressure of lower than 103 kPa (15 psig);

(d) the plant is a self-contained unit that is located either outside or on a rooftop and uses a Group A1 or B1 refrigerant.

(2) An unsupervised plant must be operated in accordance with all of the following:

(a) a maintenance procedure acceptable to the PE chief inspector;

(b) the manufacturer's specifications;

(c) the applicable PE standards.

(3) An owner of a regulated plant that is operated as an unsupervised plant must provide the name of any maintenance contractor for the plant to the PE chief inspector.