                                                                                1

                    BOILER AND PRESSURE VESSEL                             c B-5.1




           The
   Boiler and Pressure
     Vessel Act, 1999

                                 being

Chapter B-5.1 of The Statutes of Saskatchewan, 1999 (effective
January 1, 2007) as amended by the Statutes of Saskatchewan,
2006, c 3; 2010, c T-9.2; 2013, c 27; 2015, c F-15.11; 2019, c 13;
2023, c 21; and 2024, c 4.




                                NOTE:
  This consolidation is not official. Amendments have been
  incorporated for convenience of reference and the original statutes
  and regulations should be consulted for all purposes of interpretation
  and application of the law. In order to preserve the integrity of the
  original statutes and regulations, errors that may have appeared
  are reproduced in this consolidation.
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         c B-5.1                             BOILER AND PRESSURE VESSEL

                                                  Table of Contents
                         PART I                             32 Operation beyond maximum pressure prohibited
                   Preliminary Matters                      33 Operation by unqualified persons prohibited
 1 Short title                                              33.1 Chief inspector may approve remote supervision
 2 Interpretation                                           34 Permit in urgent cases
 2.1 Interpretation and administration of Act –             35 Guarded plants
       safety standards agreement                           36 Resetting pressure gauges, etc., prohibited
 3 Application of Act                                       37 Accidents
 4 Appointment of inspectors                                                           PART VII
                         PART II                                             Certificates of Qualification
                         Licences                           38     General
 5   Licences required                                      39     Certificates of qualification
 6   Duration of licences                                   40     Qualifications from other jurisdictions
 7   Applications for licences                              41     Interprovincial certificates
 8   Issuance or refusal of licences                        42     Cancellation, suspension, etc., of certificates
 9   Cancellation or suspension of licence                  43     Right of appeal
                         PART III                                                       PART VIII
   Design, Construction, Installation, Alteration,                   Boiler and Pressure Vessel Safety Board
 Repair and Sale of boilers, Pressure Vessels, Plants,      44     Board established
       Pressure Piping Systems and Fittings                 45     Membership of board
10 Standards for design, construction, etc.                 46     Conduct of business
11 Registration required                                    47     Responsibilities of board
12 Application for registration                             48     Panels
13 Registration                                                                       PART IX
14 Sale of used boilers, etc.                                                         Appeals
15 Used boilers, etc., brought into Saskatchewan            49     Commencing an appeal
16 No welding by unqualified persons                        50     Conduct of appeals
                         PART IV                            51     Powers on appeal
                       Inspections                          52     No further appeal
17 Inspection required                                                                  PART X
18 Right to inspect                                                                   Enforcement
19 Duty to report defects                                   53      Warrant
20 Powers of inspection                                     54      Copies of documents
21 Issuance of certificates                                 55      Statements by owners
22 Order to correct                                         55.1    Administrative penalties
23 Order re welding defects                                 55.2    Enforcement of administrative penalty
23.1 Discipline order                                       55.3    Appeal to Court of King’s Bench
24 Sealing unsafe boilers, pressure vessels, plants                   re administrative penalty
25 Review by chief inspector                                55.4    Court-ordered compliance
26 Cancellation or suspension of certificate                55.5    Public notice
27 Right of appeal                                          55.6    Service of notice or documents
                           PART V
              Quality Management Systems                    56     Offences and penalties
28   Application for approval                               57     Directors, etc., of corporations
29   Certificate of authorization                           58     Limitation
30   Cancellation or suspension of certificate                                           PART XI
       of authorization                                                                  General
                        PART VI                             59     Regulations
            Operation of Boilers, Pressure                  60     Non-liability
                   Vessels and Plants                       61     RSS 1978, c B-5 repealed
31   Operating standards                                    62     Transitional
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                             BOILER AND PRESSURE VESSEL                                c B-5.1




                                   CHAPTER B-5.1
  An Act respecting the Design, Construction, Installation, Operation,
    Alteration, Repair and Sale of Boilers, Pressure Vessels, Plants
                     and Pressure Piping Systems

                                        PART I
                                  Preliminary Matters

Short title
    1   This Act may be cited as The Boiler and Pressure Vessel Act, 1999.
Interpretation
    2   In this Act:
          (a) “board” means the Boiler and Pressure Vessel Safety Board established
          pursuant to section 44;
          (b) “boiler” means a vessel in which steam is or may be generated or hot
          water produced under pressure, and includes any high pressure boiler or
          low pressure boiler and any pipe, fitting, prime mover, machinery or other
          equipment attached to the vessel or used in connection with the vessel;
          (c) “chief inspector” means the chief inspector appointed pursuant to
          section 4, and includes an acting chief inspector;
          (d) “compressed gas” means liquefied petroleum gas, oxygen, acetylene,
          ammonia, chlorine or any other gas, whether in a liquid, vapour or dissolved
          state, that is explosive, flammable or toxic or contained under pressure
          exceeding 103 kilopascals;
          (e) “compressed gas plant” means a plant used for producing,
          manufacturing, transferring, storing, distributing or otherwise handling
          compressed gas, and includes all pressure vessels, pipes, fittings, machinery
          and other equipment used in connection with the plant;
          (f) Repealed. 2019, c 13, s 3.
          (g)    “expansible fluid” means:
                 (i) any vapour or gas; or
                 (ii) any liquid that will change to a vapour or gas at atmospheric
                 conditions;
          (h) “fitting” means a valve, gauge, regulating or controlling device, flange,
          pipe fitting, nozzle or thing that is attached to or forms part of a boiler, pressure
          vessel or pressure piping system or any combination of them;
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c B-5.1                    BOILER AND PRESSURE VESSEL



          (i) “guarded plant” means a plant that is equipped with fail-safe controls
          and audio and visual alarm systems and that is licensed as a guarded plant
          pursuant to section 35;
          (j) “high pressure boiler” means:
               (i) a steam boiler designed to carry a working pressure of more
               than 103 kilopascals but does not include a boiler of that type that is
               equipped with a safety valve set to relieve at a pressure of not more
               than 103 kilopascals; or
               (ii) a hot water or fluid heating boiler that is operated at a pressure in
               excess of 1 100 kilopascals or produces a temperature that exceeds 121°C
               at or near the outlet;
          (k) “inspector” means an inspector appointed pursuant to section 4, and
          includes the chief inspector and a special inspector;
          (l) “low pressure boiler” means:
               (i) a steam boiler designed to carry a working pressure of 103 kilopascals
               or less; or
               (ii) a hot water or fluid heating boiler that is operated at a pressure
               of 1 100 kilopascals or less or produces a temperature that is 121°C or
               less at or near the outlet;
          (m) “minister” means the member of the Executive Council to whom for the
          time being the administration of this Act is assigned;
          (m.1) “ministry” means the ministry over which the minister presides;
          (n) “operate”:
               (i) in relation to operation in the capacity of owner, means to place into
               operation, or permit to be operated, a boiler, pressure vessel, plant or
               pressure piping system; and
               (ii) in relation to operation in the capacity of operator, means:
                    (A) to supervise the operation of a boiler or plant;
                    (B) to directly operate a boiler or plant or assist in the direct
                    operation of a boiler or plant; or
                    (C) to be in immediate charge of a boiler or plant;
          (o) “owner” means an owner of a boiler, pressure vessel, plant or pressure
          piping system, and includes a lessee or sublessee of a boiler, pressure vessel,
          plant or pressure piping system;
          (p) “plant” means:
               (i) an installation of two or more high pressure boilers, low pressure
               boilers or a combination of high pressure and low pressure boilers;
               (ii) a refrigeration plant; or
               (iii) a compressed gas plant;
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                             BOILER AND PRESSURE VESSEL                                  c B-5.1



          and includes any pressure piping system that is attached to or used in
          connection with a component of a plant;
          (q) “prescribed” means prescribed in the regulations;
          (r) “pressure piping system” means pipes, tubes, conduits, gaskets,
          bolts and other fittings making up a system, the sole purpose of which is the
          conveyance of an expansible fluid under pressure and the control of the flow
          of an expansible fluid under pressure between two or more points;
          (s) “pressure vessel” means a vessel or similar apparatus, other than a
          boiler, that is or may be used for containing, storing, distributing, transferring,
          distilling, evaporating, processing or otherwise handling gases, fluids or solids
          and that is normally operated under pressure, and includes any pipe or fitting
          that is attached to the vessel or used in connection with the vessel;
          (t) “quality management system” means a quality management system
          described in section 28;
          (u) “refrigeration plant” means an installation of pressure vessels, pipes
          and fittings, machinery and other equipment by which refrigerants are
          vaporized, compressed and liquefied in their refrigerating cycle.
                                                  1999, c B-5.1, s 2; 2019, c 13, s 3.


Interpretation and administration of Act – safety standards agreement
    2.1(1) In this section, “safety standards agreement” means a safety standards
    agreement entered into pursuant to The Technical Safety Authority of Saskatchewan
    Act respecting this Act.
    (2) Notwithstanding any other provision of this Act or the regulations or of any
    other Act or law, this Act and the regulations are to be interpreted subject to the
    provisions of The Technical Safety Authority of Saskatchewan Act and the safety
    standards agreement.
                                                  2010, c T-9.2, s 32.


Application of Act
    3(1) Subject to subsections (2) and (3), this Act applies to all boilers, pressure
    vessels, plants, pressure piping systems and fittings except:
          (a) a pressure vessel that is used for the transportation of dangerous goods
          as defined in the Transportation of Dangerous Goods Act, 1992 (Canada);
          (b) a boiler or pressure vessel to which the Canada Shipping Act applies
          or that is subject to the jurisdiction of the Canadian Transportation Agency
          pursuant to the Canada Transportation Act;
          (c)   a pipeline as defined in The Pipelines Act, 1998;
          (d) gas equipment or a gas installation as defined in The Gas Licensing Act;
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c B-5.1                     BOILER AND PRESSURE VESSEL



          (e) a boiler that is used in connection with a hot liquid heating system that
          has no valves or other obstructions to free circulation between the boiler and
          an expansion tank that is fully vented to the atmosphere;
          (f) a high pressure boiler that has a heating surface with an area of two
          square metres or less;
          (g) a low pressure boiler that has a heating surface with an area of three
          square metres or less;
          (h)   a pressure vessel that has a volume of 0.0425 cubic metres or less;
          (i) a pressure vessel that has an internal diameter of 152 millimetres or less;
          (j) a pressure vessel that is used for the storage of hot water and has an
          internal diameter of 610 millimetres or less;
          (k) a pressure vessel or pressure piping system that operates at, and has
          pressure relief valves set at, a pressure of 103 kilopascals or less;
          (l) a pressure vessel that is intended to be installed in a closed hot water
          heating system, that has a working pressure of 207 kilopascals or less and
          that has an internal diameter of 610 millimetres or less;
          (m) a pressure vessel that is used exclusively for hydraulic purposes at
          atmospheric temperature;
          (n)   a pressure vessel that is designed for human occupancy;
          (o) a refrigeration plant that has a capacity of three tonnes or less of
          refrigeration in 24 hours; and
          (p) any class of boilers, pressure vessels, plants, pressure piping systems or
          fittings that is designated in the regulations.
    (2) The chief inspector may give notice in writing to the owner of a boiler, pressure
    vessel, plant, pressure piping system or fitting exempted from the application of
    this Act pursuant to subsection (1) that any provisions of this Act or the regulations
    specified in the notice are to apply to that boiler, pressure vessel, plant, pressure
    piping system or fitting.
    (3) The provisions of this Act or the regulations specified in a notice given pursuant
    to subsection (2) apply to the boiler, pressure vessel, plant, pressure piping system
    or fitting mentioned in the notice from the date specified in the notice until the chief
    inspector gives a further notice in writing to the owner cancelling or amending the
    notice given pursuant to subsection (2).
    (4)   The Crown is bound by this Act.
                                                  1999, c B-5.1, s 3.


Appointment of inspectors
    4(1) A chief inspector and any other inspectors that may be necessary for the
    purposes of this Act may be appointed.
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                           BOILER AND PRESSURE VESSEL                                        c B-5.1



    (2) The minister may appoint any person who possesses the prescribed qualifications
    as a special inspector to carry out any functions of an inspector that are set out in
    the appointment.
    (3) Subject to any conditions or restrictions set out in the appointment, a special
    inspector is deemed to be an inspector for the purposes of this Act and has all
    the powers of an inspector with respect to functions that the special inspector is
    authorized to carry out.
                                                  1999, c B-5.1, s 4; 2010, c T-9.2, s 32.




                                        PART II
                                        Licences

Licences required
    5(1) Unless otherwise provided in the regulations, no person shall carry out any
    of the following activities unless the person holds a valid licence authorizing the
    person to do so:
         (a) construct, install, alter or repair a boiler, pressure vessel, plant or pressure
         piping system;
         (b) carry out any welding on a boiler, pressure vessel, plant or pressure
         piping system;
         (c) operate a boiler, pressure vessel or plant in the capacity of owner;
         (d) operate a boiler or plant in the capacity of operator;
         (e) conduct an inspection on behalf of an insurer or in connection with a
         quality management system;
         (f) distribute compressed gas.
    (2) No person shall operate a boiler, pressure vessel or plant in the capacity of
    owner unless:
         (a) the person holds a valid licence authorizing the operation of that boiler,
         pressure vessel or plant; and
         (b) in the case of a boiler or plant, the person posts the licence in a readily
         accessible place on or in the vicinity of the boiler or plant.
    (3) No person shall operate a boiler or plant in the capacity of operator unless a
    valid licence authorizing the operation of that boiler or plant:
         (a)   has been issued to the owner; and
         (b) is posted in a readily accessible place on or in the vicinity of the boiler
         or plant.
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    (4) A person who apparently is carrying out any of the activities described in
    subsection (1) must, on the request of an inspector, produce any licence, certificate
    or permit that the person is required by this Act or the regulations to hold in order
    to carry out that activity.
    (5) The failure of a person to produce a licence, certificate or permit on the request
    of an inspector is proof, in the absence of evidence to the contrary, that the person
    concerned does not hold a licence, certificate or permit.
                                                   1999, c B-5.1, s 5.


Duration of licences
    6(1) Every licence issued pursuant to this Act is to be issued for a prescribed period.
    (2) Every licence issued is the property of the ministry and must be returned to
    the chief inspector if the licence is suspended or revoked.
                                                   1999, c B-5.1, s 6; 2019, c 13, s 3.


Applications for licences
    7(1) A person who meets the requirements prescribed in the regulations for a class
    of licence may apply for a licence.
    (2) An application for a licence must be made to the chief inspector on a form
    supplied by the ministry and must be accompanied by the prescribed fee.
    (3)   An applicant for a licence must:
          (a) provide any prescribed information and any further information that the
          chief inspector may require; and
          (b) if required to do so by the chief inspector, verify by affidavit or statutory
          declaration any information provided by or on behalf of the applicant.
                                                   1999, c B-5.1, s 7; 2019, c 13, s 3.


Issuance or refusal of licences
    8(1) The chief inspector or an inspector designated by the chief inspector may:
          (a) issue a licence if the applicant meets all of the requirements of this Act
          and the regulations; or
          (b) refuse to issue a licence if:
                (i) the applicant does not meet all of the requirements of this Act and
                the regulations; or
                (ii) the chief inspector has reason to believe that it is not in the interest
                of public safety to issue the licence.
    (2) The chief inspector may:
          (a) impose any terms and conditions on a licence that the chief inspector
          considers advisable in the interest of public safety at the time the licence is
          issued or at any time during the period of validity of the licence; and
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                             BOILER AND PRESSURE VESSEL                               c B-5.1



          (b) amend, vary, suspend, revoke or replace any terms or conditions imposed
          pursuant to clause (a).
                                                   1999, c B-5.1, s 8.


Cancellation or suspension of licences
    9(1) The chief inspector may cancel a licence issued in error.
    (2) The chief inspector may cancel or suspend a licence for cause, including, without
    limiting the generality of the foregoing:
          (a) a failure of the licensee or the licensee’s agent or employee to:
               (i) comply with this Act or the regulations;
               (ii) comply with a term or condition of the licence;
               (iii) comply with a notice, order, decision, requirement or direction of
               an inspector; or
               (iv) pay any fee required by this Act or the regulations; and
          (b) the making of a misleading or erroneous statement on a material point
          by the licensee in the application for the licence.
    (3) Where a licence has been issued with respect to more than one boiler, pressure
    vessel or plant, the chief inspector may cancel or suspend the licence in whole or in
    part as the case may require.
    (4) Subject to subsection (5), the chief inspector shall not cancel or suspend a
    licence until the chief inspector has given the licensee an opportunity to be heard.
    (5) Where, in the opinion of the chief inspector, it is necessary to do so in the interest
    of public safety, the chief inspector may immediately suspend or cancel a licence,
    but the chief inspector shall give the licensee an opportunity to be heard within 10
    days after the day on which the licence is suspended or cancelled.
    (6) A licensee may appeal a decision of the chief inspector pursuant to this section
    to the board in accordance with Part IX.
                                                   1999, c B-5.1, s 9.




                                   PART III
  Design, Construction, Installation, Alteration, Repair and Sale of Boilers,
       Pressure Vessels, Plants, Pressure Piping Systems and Fittings

Standards for design, construction, etc.
    10(1) Every boiler, pressure vessel, plant, pressure piping system and fitting must
    be designed, constructed, installed, altered and repaired in accordance with the
    standards set out in the regulations.
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     (2) Without limiting the generality of subsection (1), all welding on a boiler,
     pressure vessel, plant or pressure piping system must be carried out in accordance
     with the standards set out in the regulations.
                                                    1999, c B-5.1, s 10.


Registration required
     11(1) Unless otherwise provided in the regulations, no person shall construct
     or install a boiler, pressure vessel, plant, pressure piping system or fitting unless
     the design of the boiler, pressure vessel, plant, pressure piping system or fitting is
     registered pursuant to this Part and the construction or installation is carried out
     in accordance with the registered design.
     (2) Unless otherwise provided in the regulations, no person shall alter or repair a
     boiler, pressure vessel, plant, pressure piping system or fitting unless:
          (a)   the alteration or repair is consistent with the registered design; or
          (b) the design of the alteration or repair is registered pursuant to this Part and
          the alteration or repair is carried out in accordance with the registered design.
     (3) Subject to this Part, no person shall sell or offer for sale a boiler, pressure vessel,
     plant, pressure piping system or fitting unless the design of the boiler, pressure
     vessel, plant, pressure piping system or fitting has been registered and the boiler,
     pressure vessel, plant, pressure piping system or fitting has been constructed in
     accordance with the registered design.
                                                    1999, c B-5.1, s 11.


Application for registration
     12(1) Unless otherwise provided in the regulations, a person who intends to
     construct or install a boiler, pressure vessel, plant or pressure piping system
     according to a design that is not registered, or who intends to alter or repair a boiler,
     pressure vessel, plant or pressure piping system in a manner that is not in accord
     with a registered design, must apply to the chief inspector for registration of the
     design in accordance with this section and the regulations.
     (2) An applicant must submit any drawings, specifications and other information
     prescribed in the regulations, together with any prescribed fee.
     (3) An applicant must provide any further information that the chief inspector
     may require and, if required to do so by the chief inspector, verify by affidavit or
     statutory declaration any information provided by or on behalf of the applicant.
                                                    1999, c B-5.1, s 12.
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                             BOILER AND PRESSURE VESSEL                              c B-5.1



Registration
    13(1) After an inspector reviews the design submitted by an applicant, the chief
    inspector:
          (a) if satisfied that the design meets the standards set out in the regulations,
          may register the design and assign a registration number to the design; or
          (b) if not satisfied that the design meets the standards set out in the
          regulations, may refuse to register the design and shall notify the applicant
          of the refusal.
    (2) A boiler, pressure vessel, plant, pressure piping system or fitting may be
    constructed, installed, altered or repaired in accordance with a registered design
    until:
          (a) the standards set out in the regulations or in a relevant code or standard
          adopted by the regulations are changed in a way that significantly affects the
          design; or
          (b) the design is deregistered pursuant to subsection (4).
    (3) Registration of a design does not relieve any person who constructs, installs,
    alters or repairs a boiler, pressure vessel, plant, pressure piping system or fitting in
    accordance with that design of liability with respect to the boiler, pressure vessel,
    plant, pressure piping system or fitting.
    (4) Where a design has been registered and the chief inspector subsequently
    determines that the design is not safe or is obsolete, the chief inspector:
          (a)   may deregister the design; and
          (b)   shall, as soon as is practicable, notify the applicant of the deregistration.
    (5) An applicant may appeal a decision of the chief inspector to refuse registration
    or to deregister a design in accordance with Part IX.
                                                   1999, c B-5.1, s 13.


Sale of used boilers, etc.
    14(1) Except where a boiler, pressure vessel or pressure piping system is sold along
    with the building or structure in which it is used, no person shall sell, exchange or
    reinstall in a new location a boiler, pressure vessel or pressure piping system that
    has been previously used without first obtaining the written approval of the chief
    inspector.
    (2) An applicant for an approval pursuant to subsection (1) must send to the chief
    inspector by registered mail a written description of the boiler, pressure vessel or
    pressure piping system, including its registration number and, in the case of a sale
    or exchange, the name and address of the proposed new owner, and must provide
    any other information that the chief inspector may require.
                                                   1999, c B-5.1, s 14.
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Used boilers, etc., brought into Saskatchewan
     15(1) No person shall install or cause to be installed a boiler, pressure vessel
     or pressure piping system that has previously been installed or used outside
     Saskatchewan without first obtaining the written approval of the chief inspector.
     (2) An applicant for an approval pursuant to subsection (1) must send to the chief
     inspector by registered mail written particulars of the design, type, specifications,
     make and date of manufacture of the boiler, pressure vessel or pressure piping
     system and any other information respecting the boiler, pressure vessel or pressure
     piping system that the chief inspector may require.
                                                  1999, c B-5.1, s 15.


No welding by unqualified persons
     16 No person shall do any welding, and no person shall employ a person to do
     any welding, in the construction, alteration or repair of a boiler, pressure vessel
     or pressure piping system unless the person is qualified, in accordance with the
     regulations, to perform that welding process.
                                                  1999, c B-5.1, s 16.




                                         PART IV
                                       Inspections

Inspection required
     17(1) Every owner of a boiler, pressure vessel or plant that is in use or operation
     shall ensure that the boiler, pressure vessel or plant is inspected periodically at
     prescribed intervals by an inspector or in accordance with a quality management
     system approved pursuant to section 29.
     (2) No person shall use or operate a boiler, pressure vessel or plant unless there
     is a valid inspection certificate for that boiler, pressure vessel or plant issued:
          (a) pursuant to section 21; or
          (b) where a quality management system has been approved pursuant to
          section 29 with respect to that boiler, pressure vessel or plant, in accordance
          with that quality management system.
                                                  1999, c B-5.1, s 17; 2006, c 3, s 3.


Right to inspect
     18(1) For the purpose of ensuring compliance with this Act and the regulations,
     every boiler, pressure vessel and plant may be inspected periodically by an inspector.
     (2) An inspector may at any time inspect a boiler, pressure vessel, plant or pressure
     piping system that the inspector has reason to believe:
          (a) is unsafe;
          (b) is being operated in an unsafe manner; or
          (c) is or is being operated in contravention of this Act, the regulations or a
          notice, order, decision, requirement or direction of an inspector.
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    (3) An inspector may inspect any boiler, pressure vessel, plant, pressure piping
    system or fitting that is under construction.
    (4) An inspector may reinspect a boiler, pressure vessel, plant, pressure piping
    system or fitting that is the subject of a notice, order, decision, requirement or
    direction of an inspector.
                                                 1999, c B-5.1, s 18; 2006, c 3, s 4.


Duty to report defects
    19(1) During the inspection of a boiler, pressure vessel, plant or pressure piping
    system, the owner or any person who operates the boiler, pressure vessel or plant
    must point out to the inspector any defect or hazard of which the person has
    knowledge or that the person believes may exist in the boiler, pressure vessel, plant
    or pressure piping system.
    (2) If at any other time a person mentioned in subsection (1) learns of any defect
    that might render a boiler, pressure vessel, plant or pressure piping system unsafe
    to operate, the person must notify an inspector immediately.
                                                 1999, c B-5.1, s 19; 2006, c 3, s 5.


Powers of inspection
    20(1) Subject to subsection (2), for the purposes of conducting an inspection, an
    inspector may, at any reasonable time, without a warrant:
          (a) enter and inspect any place or premises where a boiler, pressure vessel,
          plant or pressure piping system is situated or is being constructed, installed,
          altered or repaired;
          (b) enter any place or premises containing any records or property that are
          required to be kept pursuant to this Act or the regulations or that relate to
          a boiler, pressure vessel, plant or pressure piping system and inspect those
          records or that property;
          (c) make a copy of any records described in clause (b) or, if the inspector is
          unable to make a satisfactory copy, after giving a receipt remove and retain
          the records for any period the inspector considers reasonable;
          (d) require the owner or other person responsible for or in immediate charge
          of a boiler, pressure vessel, plant or pressure piping system to provide the
          inspector with all reasonable assistance to make possible an internal or external
          inspection, a hydrostatic test or any other test that the inspector considers
          necessary, including:
               (i) taking any steps necessary to shut down the operation of the
               boiler, pressure vessel, plant, pressure piping system or any associated
               equipment;
               (ii) taking any steps necessary to put into operation the boiler, pressure
               vessel, plant, pressure piping system or any associated equipment;
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                (iii) placing at the inspector’s disposal any supplies, equipment or
                personnel that the inspector considers necessary for the purposes of the
                inspection or test; and
                (iv) cutting or drilling holes in the boiler or pressure vessel so that the
                inspector may determine the thickness and condition of the plates.
     (2) An inspector shall not enter any premises that are a private dwelling without
     the consent of the occupier or a warrant obtained pursuant to section 53, except in
     circumstances in which the inspector considers an emergency exists.
                                                  1999, c B-5.1, s 20.


Issuance of certificates
     21(1) Where, after conducting an inspection, an inspector considers that a boiler,
     pressure vessel or plant meets the requirements of this Act and the regulations,
     the inspector may issue an inspection certificate.
     (2) An inspection certificate is valid until the next inspection of the boiler,
     pressure vessel or plant unless the certificate is cancelled or suspended pursuant to
     section 26.
                                                  1999, c B-5.1, s 21; 2006, c 3, s 6.


Order to correct
     22 Where, after conducting an inspection, an inspector considers that a boiler,
     pressure vessel, plant or pressure piping system does not meet the requirements
     of this Act or the regulations or that a boiler, pressure vessel, plant or pressure
     piping system is otherwise unsafe, the inspector may, by an order in writing, direct
     the owner to make, or cause to be made, any maintenance, repairs, alterations or
     replacement of parts that the inspector considers necessary, within any time that
     the inspector may specify.
                                                  1999, c B-5.1, s 22.


Order re welding defects
     23(1) Where an inspector believes that a boiler, pressure vessel or pressure piping
     system is welded in an improper or unsafe manner or in a manner that contravenes
     the regulations, the inspector may order the person responsible for carrying out
     the welding:
          (a) to do 100% radiographic examination of all welds; and
          (b) to cut out all rejected welds, reweld and re-examine them or replace them
          if they are beyond repair.
     (2) Where a weld is found to have been improperly welded, the chief inspector
     may order the welder to return his or her certificate of qualification to an inspector
     and cease welding on boilers, pressure vessels or pressure piping systems until the
     welder successfully completes a welding retest.
                                                  1999, c B-5.1, s 23.
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                           BOILER AND PRESSURE VESSEL                             c B-5.1



Discipline order
    23.1(1) In this section, “regulated work” means any work, process or activity
    respecting boilers, pressure vessels, plants, pressure piping systems and fittings
    and the equipment used in connection with them.
    (2) The chief inspector may issue a discipline order pursuant to this section against
    any person who:
         (a) is in contravention of this Act or the regulations;
         (b) fails to comply with a compliance order pursuant to section 22 or 23;
         (c) fails to comply with a term or condition of a licence; or
         (d) is performing work regulated by this Act for which the person is not
         licensed, or undertakes regulated work that the person is not qualified to
         undertake.
    (3) A discipline order mentioned in subsection (2) must:
         (a) be in writing and in the form approved by the minister;
         (b) contain a description of the action to be undertaken by the person;
         (c) cite the contravened provision of this Act or of the regulations;
         (d) subject to subsection (5), require the person to undertake the action within
         a period specified in the order that is not less than 30 days from the time the
         person receives the order; and
         (e) be served on the person to whom the order is directed as soon as is
         practicable after it is issued.
    (4) The penalty may consist of any sanction the chief inspector considers necessary,
    including the following:
         (a) that specified training or education be completed within a specified period;
         (b) that practices involving the regulated work be stopped or modified;
         (c) that advertising, display or disposal of regulated work be stopped or
         modified;
         (d) that advertising or display of regulated work be reported to the chief
         inspector for a specified period;
         (e) that any person performing regulated work act only under supervision
         or as directed in the order;
         (f) that any other action by a person be taken, modified or stopped if necessary
         to prevent, avoid or reduce risk of personal injury or damage to property;
         (g) that reports on any of the actions listed in the discipline order be made
         to the chief inspector.
    (5) For the purposes of clause (3)(d), if the action requires ongoing reporting to the
    chief inspector, the discipline order must set a period of not more than one year in
    which the reporting of the action must be completed.
                                                 2019, c 13, s 3.
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Sealing unsafe boilers, pressure vessels, plants
     24(1) An inspector may, on the instructions of the chief inspector, seal a boiler,
     pressure vessel, pressure piping system or any part of a plant or may serve notice
     on the owner, either personally or by registered mail, that the boiler, pressure
     vessel, pressure piping system or part of the plant is not to be operated where, in
     the opinion of the inspector:
          (a) the boiler, pressure vessel, pressure piping system or part of the plant is
          in an unsafe operating condition or is being operated in a dangerous manner
          or by a person or persons not holding any licence, certificate or permit required
          by this Act; or
          (b) repairs or alterations required by an inspector are not made within the
          time specified by the inspector or, where no time has been specified, within a
          reasonable time.
     (2) No person shall, without the permission of an inspector, operate a boiler,
     pressure vessel, pressure piping system or part of a plant mentioned in
     subsection (1) or cause or permit it to be operated, or destroy, remove or tamper
     with an inspector’s seal, unless the reason for sealing or prohibiting operation has
     been corrected to the satisfaction of an inspector.
                                                   1999, c B-5.1, s 24.


Review by chief inspector
     25(1) A person aggrieved by a notice, order, decision, requirement or direction of
     an inspector pursuant to this Part may, within 14 days after the date of its receipt,
     request the chief inspector to review the notice, order, decision, requirement or
     direction.
     (2) A request for a review pursuant to subsection (1) does not operate as a stay of
     the notice, order, decision, requirement or direction to be reviewed unless the chief
     inspector orders otherwise.
     (3) The chief inspector shall review a request pursuant to subsection (1) and shall
     give the person who makes the request an opportunity to be heard.
     (4) After completing a review, the chief inspector:
          (a) may confirm, revoke or vary the notice, order, decision, requirement or
          direction; and
          (b) shall give written notice to the person who made the request of the chief
          inspector’s decision.
                                                   1999, c B-5.1, s 25.
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                               BOILER AND PRESSURE VESSEL                                 c B-5.1



Cancellation or suspension of certificate
    26 The chief inspector may cancel or suspend an inspection certificate, in whole
    or in part, where:
          (a) an owner fails to comply with an inspector’s order pursuant to section 22,
          or a person responsible for carrying out welding on a boiler, pressure vessel
          or pressure piping system fails to comply with an inspector’s order pursuant
          to section 23, within the time specified in the order and:
                  (i) does not request a review of the order within the time specified in
                  subsection 25(1); or
                  (ii) after a review pursuant to subsection 25(1), fails to comply with the
                  chief inspector’s decision pursuant to subsection 25(4);
          (b) a boiler, pressure vessel, plant or pressure piping system to which the
          certificate applies has been sealed pursuant to section 24; or
          (c) in the opinion of the chief inspector, it is necessary to do so in the interest
          of public safety.
                                                   1999, c B-5.1, s 26.


Right of appeal
    27 A person aggrieved by a decision of the chief inspector pursuant to this Part
    may appeal the decision to the board in accordance with Part IX.
                                                   1999, c B-5.1, s 27.




                                         PART V
                               Quality Management Systems

Application for approval
    28 An owner or an insurer of a boiler, pressure vessel or plant may apply to the chief
    inspector in accordance with the regulations for approval of a quality management
    system of inspection to be carried out by the owner, the insurer or a third party on
    behalf of the owner or insurer.
                                                   1999, c B-5.1, s 28; 2006, c 3, s 7.


Certificate of authorization
    29(1) Where the chief inspector is satisfied that a quality management system
    proposed by an applicant, if implemented as set out in the proposal, is consistent
    with the standards prescribed in the regulations, the chief inspector may approve the
    quality management system and issue a certificate of authorization to the applicant.
    (2) The chief inspector may approve a quality management system subject to any
    terms and conditions that the chief inspector considers appropriate and shall set
    out those terms and conditions in the certificate of authorization.
    (3) Subject to section 30, a certificate of authorization is valid for the period set
    out in the certificate.
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     (4) During the period of validity of a certificate of authorization, a boiler, pressure
     vessel or plant covered by the quality management system is exempt from periodic
     inspection pursuant to subsection 18(1).
     (5) Nothing in this section affects the right of an inspector to inspect a boiler,
     pressure vessel, plant or pressure piping system pursuant to subsection 18(2).
                                                    1999, c B-5.1, s 29; 2006, c 3, s 8.


Cancellation or suspension of certificate of authorization
     30(1) The chief inspector may cancel or suspend a certificate of authorization
     where, in the opinion of the chief inspector:
          (a) the holder of the certificate is contravening any provision of this Act or
          the regulations or a term or condition of the certificate of authorization;
          (b) the holder of the certificate is not acting in accordance with the quality
          management system approved by the chief inspector; or
          (c) the quality management system is not adequate, or becomes inadequate,
          to protect the safety of the public.
     (2) Subject to subsection (3), the chief inspector shall not cancel or suspend a
     certificate of authorization until the chief inspector has given the holder of the
     certificate an opportunity to be heard.
     (3) Where, in the opinion of the chief inspector, it is necessary to do so in the
     interest of public safety, the chief inspector may immediately suspend or cancel
     a certificate of authorization, but the chief inspector shall give the holder of the
     certificate an opportunity to be heard within 10 days after the day on which the
     certificate is suspended or cancelled.
     (4) A holder of a certificate of authorization may appeal a decision of the chief
     inspector pursuant to this section to the board in accordance with Part IX.
                                                    1999, c B-5.1, s 30.




                                      PART VI
                 Operation of Boilers, Pressure Vessels and Plants

Operating standards
     31(1) The owner of a boiler, pressure vessel or plant shall ensure that the boiler,
     pressure vessel or plant is operated safely and in accordance with this Act, the
     regulations and the terms and conditions of any licence, certificate or permit required
     by this Act or the regulations.
     (2) A person who operates or assists in the operation of a boiler, pressure vessel
     or plant or who is in immediate charge of a boiler, pressure vessel or plant shall
     carry out those activities or fulfil those responsibilities safely and in accordance with
     this Act, the regulations and the terms and conditions of any licence, certificate or
     permit required by this Act or the regulations.
                                                    1999, c B-5.1, s 31.
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                              BOILER AND PRESSURE VESSEL                                   c B-5.1



Operation beyond maximum pressure prohibited
    32 No person shall operate a boiler or pressure vessel or cause or permit a boiler
    or pressure vessel to be operated at a pressure in excess of the maximum pressure
    set out in the licence or inspection certificate.
                                                    1999, c B-5.1, s 32.


Operation by unqualified persons prohibited
    33(1)     No owner shall cause or permit a boiler or plant to be operated unless:
            (a) a person possessing the prescribed certificate of qualification for the
            applicable class of boiler or plant is responsible for the operation of the boiler
            or plant; and
            (b) subject to sections 33.1, 34 and 35 and the regulations, a person possessing
            the prescribed certificate of qualification for the applicable class of boiler or
            plant is in personal attendance on the boiler or plant at all times.
    (2) The owner of any plant or premises in which a steam engine, turbine or other
    steam-driven machinery is operated but in which steam is not generated for the
    operation must, if so directed in writing by the chief inspector, place the steam
    engine, turbine or other steam-driven machinery under the supervision of a person
    or persons holding any qualifications that the chief inspector considers appropriate.
                                                    1999, c B-5.1, s 33; 2023, c 21 s 3.


Chief inspector may approve remote supervision
    33.1(1)     For the purposes of this section:
            “acceptable safety standards” means acceptable safety standards as defined
            in the regulations;
            “system of remote supervision” means a system of remote supervision as
            defined in the regulations.
    (2) Subject to subsection (3), the regulations and any terms and conditions the chief
    inspector considers necessary, the chief inspector may approve the suspension of
    the requirement for an owner of a boiler or plant to comply with clause 33(1)(b) if:
            (a) the chief inspector is satisfied that the owner has established a system of
            remote supervision that, in the opinion of the chief inspector, meets acceptable
            safety standards;
            (b) the owner has agreed to comply with all terms and conditions required
            by the chief inspector; and
            (c) the chief inspector reasonably believes the suspension of the requirement
            to comply with clause 33(1)(b) does not pose an undue risk to public safety.
    (3) Subject to the regulations, a suspension of the requirement to comply with
    clause 33(1)(b) approved pursuant to subsection (2):
            (a) must not exceed 24 months; and
20

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          (b) may be renewed:
                 (i) for a further period not exceeding 24 months; and
                 (ii) in accordance with any terms and conditions the chief inspector
                 considers necessary.
     (4) The chief inspector may revoke the approval given pursuant to subsection  (2)
     if, in the opinion of the chief inspector:
          (a) the owner has failed to maintain the system of remote supervision
          established as required by clause (2)(a);
          (b) the owner has failed to comply with any term or condition mentioned in
          clause (2)(b) or subclause (3)(b)(ii);
          (c) there exists or may exist an undue risk to public safety; or
          (d) any other prescribed condition exists.
                                                   2023, c 21, s 4.


Permit in urgent cases
     34(1) Where the owner of a boiler or plant shows to the satisfaction of the chief
     inspector that the owner is unable, because of some exceptional circumstance, to
     obtain the services of a person holding a certificate of qualification of the appropriate
     class, the chief inspector may issue a permit to operate the boiler or plant or to assist
     in the operation of the boiler or plant to a person recommended by the owner, if
     the person holds a certificate that is not more than one class lower than the class
     of certificate required.
     (2) A permit issued pursuant to subsection (1) is valid for a period, not
     exceeding 90 days, that is specified by the chief inspector in the permit.
                                                   1999, c B-5.1, s 34.


Guarded plants
     35(1) The owner of a boiler or plant may apply in writing to the chief inspector to
     have the premises in which the boiler or plant is situated licensed as a guarded plant.
     (2) If, after an inspection, the chief inspector is satisfied that each boiler and plant
     mentioned in an application pursuant to subsection (1) is equipped in accordance
     with the regulations with protective devices that shut down the boilers and prevent
     automatic restarting, the chief inspector may issue a licence for the premises as a
     guarded plant.
     (3) Subject to the regulations, the person who operates a boiler or plant in a guarded
     plant may be absent from the boiler or plant to perform any duties in the guarded
     plant that are not inconsistent with good safety practices and are approved by the
     chief inspector.
     (4) The person who operates a boiler or plant in a guarded plant shall ensure
     that the safety valves and other fittings of the boiler or plant are in safe operating
     condition.
                                                   1999, c B-5.1, s.35.
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                             BOILER AND PRESSURE VESSEL                                          c B-5.1



Resetting pressure gauges, etc., prohibited
    36 No person making inspections on behalf of an insurer or an owner shall reset
    pressure gauges, interfere with safety valves or classify as being in a safe or good
    condition a boiler, pressure vessel, plant or pressure piping system that has been
    otherwise classified by an inspector.
                                                   1999, c B-5.1, s 36.


Accidents
    37(1)     In this section, “accident” means:
            (a) an explosion, serious fire, rupture or serious overheating of a boiler,
            pressure vessel, plant or pressure piping system; or
            (b) an accident that causes death or serious injury to a person and arises out
            of the operation of a boiler, pressure vessel, plant or pressure piping system.
    (2) Where an accident occurs, the owner or a person acting on behalf of the owner
    must immediately notify the chief inspector by telephone or any other direct means
    stating:
            (a) the precise location of the accident;
            (b) the time at which the accident occurred;
            (c) the number of persons killed or injured, if any; and
            (d) the nature and extent of the accident.
    (3) Subject to The Coroners Act, the chief inspector may investigate or inquire, or
    cause an investigation or inquiry to be made, into the cause and circumstances of
    an accident.
    (4) Subject to The Coroners Act and The Fire Safety Act, where an accident involving
    the explosion or rupture of a boiler, pressure vessel, plant or pressure piping system
    occurs:
            (a) no part of the boiler, pressure vessel, plant or pressure piping system is
            to be removed nor is its position to be altered by any person, except for the
            purposes of rescuing persons injured, removing the bodies of persons killed or
            preventing further injuries or deaths, without the permission of an inspector;
            and
            (b) an inspector may remove from the scene of the accident any object that the
            inspector has reasonable grounds to believe may have caused or contributed
            to the accident.
    (5) No person shall operate or cause to be operated a boiler, pressure vessel, plant
    or pressure piping system that has been involved in an accident until the person
    has obtained the permission of an inspector.
                                                   1999, c B-5.1, s 37; 2015, c F-15.11, s 56.
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                                          PART VII
                                Certificates of Qualification

General
     38 The Lieutenant Governor in Council may, by regulation, establish a system
     governing the qualifications of persons who carry out any of the activities regulated
     pursuant to this Act.
                                                   1999, c B-5.1, s 38.


Certificates of qualification
     39(1) The chief inspector shall issue a certificate of qualification of the appropriate
     class established by the regulations to a person who has:
          (a) demonstrated his or her competence and established his or her
          qualifications in accordance with the regulations; and
          (b)   met the other requirements set out in the regulations.
     (2) A certificate of qualification of a particular class entitles its holder to carry out
     the activities that are specified in the regulations for that class if the holder also
     holds a valid licence.
                                                   1999, c B-5.1, s 39.


Qualifications from other jurisdictions
     40(1) The holder of a certificate or other document issued by the Government of
     Canada, the government of another province or territory of Canada or any competent
     authority of another jurisdiction that attests to the qualifications of the holder to
     carry out activities of a type that are regulated pursuant to this Act may apply to the
     chief inspector in accordance with the regulations for a certificate of qualification.
     (2) If the chief inspector is satisfied by evidence of the applicant’s qualifications
     and identity as the holder of the certificate or other document, the chief inspector
     may issue to the applicant a certificate of qualification of the class that the chief
     inspector considers appropriate to the applicant’s qualifications.
     (3) The chief inspector may issue a certificate of qualification pursuant to
     subsection (2) unconditionally or subject to any terms and conditions that the chief
     inspector considers appropriate.
                                                   1999, c B-5.1, s 40.


Interprovincial certificates
     41 The minister may enter into an agreement with the competent authority of any
     other province or territory of Canada for the granting of interprovincial certificates
     of qualification.
                                                   1999, c B-5.1, s 41.
                                                                                       23

                               BOILER AND PRESSURE VESSEL                         c B-5.1



Cancellation, suspension, etc., of certificates
    42 The chief inspector may cancel or suspend a certificate of qualification where
    the chief inspector has reason to believe that the holder of the certificate:
          (a) no longer meets the requirements of this Act and the regulations for that
          certificate;
          (b) has contravened this Act or the regulations or has aided or abetted another
          person in contravening this Act or the regulations; or
          (c) has contravened a term or condition of a licence or certificate.
                                                  1999, c B-5.1, s 42.


Right of appeal
    43 A person who is refused a certificate of qualification or a holder of a certificate
    of qualification that is suspended or cancelled may appeal the chief inspector’s
    decision to the board in accordance with Part IX.
                                                  1999, c B-5.1, s 43.




                                      PART VIII
                       Boiler and Pressure Vessel Safety Board

Board established
    44 The Boiler and Pressure Vessel Safety Board is established.
                                                  1999, c B-5.1, s 44.


Membership of board
    45(1) The board consists of not more than 11 persons who are residents of
    Saskatchewan and who are appointed by the Lieutenant Governor in Council in
    accordance with any criteria or procedures for appointment that are prescribed in
    the regulations.
    (2) Each member of the board:
          (a) holds office for a term not exceeding three years that is specified in the
          appointment;
          (b) is eligible for reappointment; and
          (c) continues in office until a successor is appointed.
    (3) Where a vacancy occurs in the membership of the board, the Lieutenant
    Governor in Council may appoint a qualified person to fill that vacancy for the
    remainder of the term of the person being replaced.
    (4) Members of the board are entitled to any remuneration and reimbursement
    for expenses determined by the Lieutenant Governor in Council.
                                                  1999, c B-5.1, s 45.
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Conduct of business
     46(1) The Lieutenant Governor in Council shall designate one of the members as
     chairperson of the board.
     (2) The members of the board shall choose one of their number as vice-chairperson.
     (3) The board shall meet annually and at the call of the chairperson.
     (4) A majority of members of the board constitutes a quorum of the board.
     (5) In the absence of the chairperson, the vice-chairperson may exercise the powers
     of the chairperson and shall perform the duties of the chairperson.
                                                 1999, c B-5.1, s 46.


Responsibilities of board
     47 The board shall:
          (a) hear appeals commenced pursuant to Part IX;
          (b) advise the minister on matters concerning this Act and the regulations; and
          (c) perform any other duties that the minister may direct.
                                                 1999, c B-5.1, s 47.


Panels
     48(1) The chairperson may appoint any three or more members of the board to
     constitute a panel and may direct the panel to conduct the hearing of an appeal.
     (2) Any number of panels may sit concurrently.
     (3) Three members of a panel constitute a quorum at a sitting of a panel.
     (4) A panel may exercise the powers of the board in the hearing of an appeal, and
     the decision of a panel is deemed to be the decision of the board.
                                                 1999, c B-5.1, s 48.




                                        PART IX
                                        Appeals

Commencing an appeal
     49(1) A person who intends to appeal a decision of the chief inspector to the board
     must, in accordance with the regulations, serve a notice of appeal on the board, and
     a copy of the notice of appeal on the chief inspector, within 30 days after the date
     of the decision.
     (2) Within 21 days after the service of a notice of appeal, the chairperson shall
     appoint a panel pursuant to subsection 48(1) to hear the appeal and set a date, place
     and time for the hearing of the appeal.
     (3) An appeal commenced pursuant to this section does not operate as a stay of
     the decision appealed against unless otherwise ordered by the board.
                                                 1999, c B-5.1, s 49.
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                              BOILER AND PRESSURE VESSEL                                  c B-5.1



Conduct of appeals
    50(1)     On an appeal, the board shall determine the matter de novo.
    (2) Subject to the regulations, the board may determine the procedures by which
    an appeal is to be conducted.
    (3) The chief inspector is entitled to participate in the hearing of an appeal and
    make representations to the board.
    (4) The board is not bound by the rules of law concerning evidence and may accept
    any evidence that the board considers appropriate.
    (5) For the purpose of conducting an appeal, the board has the powers conferred
    on a commission by sections 11, 15 and 25 of The Public Inquiries Act, 2013 .
                                                  1999, c B-5.1, s 50; 2013, c 27, s 6.


Powers on appeal
    51 After hearing an appeal, the board may confirm, revoke or vary the decision
    of the chief inspector.
                                                  1999, c B-5.1, s 51.


No further appeal
    52 The decision of the board is final and there shall be no further appeal.
                                                  1999, c B-5.1, s 52.




                                         PART X
                                       Enforcement

Warrant
    53(1) Where a justice of the peace or a judge of the Provincial Court of Saskatchewan
    is satisfied by information on the oath of an inspector that there are reasonable
    grounds to believe that an offence against this Act has occurred and that evidence
    of the offence is likely to be found in a place or premises or that a person required to
    produce or provide any record or property refuses or neglects to produce or provide
    that record or property, the justice of the peace or the judge may issue a warrant
    to do all or any of the following:
            (a)   enter and search any place or premises named in the warrant;
            (b)   search any vehicle described in the warrant;
            (c) seize and remove from any place, premises or vehicle searched anything
            that may be evidence of an offence against this Act.
    (2) With a warrant issued pursuant to subsection (1), an inspector may:
            (a) enter at any time and search any place or premises named in the warrant;
            (b) stop and search any vehicle described in the warrant;
26

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          (c) open and examine the contents of any trunk, box, bag, parcel, closet,
          cupboard or other receptacle that the inspector finds in the place, premises
          or vehicle;
          (d) require the production of and examine any records or property that the
          inspector believes, on reasonable grounds, may contain information related
          to an offence against this Act;
          (e) remove, for the purpose of making copies, any records examined pursuant
          to this section; and
          (f) seize and remove from any place, premises or vehicle searched anything
          that may be evidence of an offence against this Act.
     (3) Subject to subsection (4), an inspector may exercise all or any of the powers
     mentioned in subsection (2) without a warrant if:
          (a) the conditions for obtaining a warrant exist; and
          (b) the inspector has reasonable grounds to believe that the delay necessary
          to obtain a warrant would result in:
                (i) danger to human life or safety; or
                (ii) the loss, removal or destruction of evidence.
     (4) An inspector shall not enter any premises that are a private dwelling without
     the consent of the occupier or a warrant issued pursuant to this section.
                                                 1999, c B-5.1, s 53.


Copies of documents
     54(1) Where an inspector makes copies of records examined, removed, produced
     or provided pursuant to section 53, the inspector must:
          (a) make those copies with reasonable dispatch; and
          (b) promptly return the originals of the records to:
                (i) the place from which they were removed; or
                (ii) any other place agreed to by the inspector and the person who
                furnished the records or from whom they were seized.
     (2) A record certified by an inspector to be a copy made pursuant to this section:
          (a) is admissible in evidence without proof of the office or signature of the
          person making the certificate; and
          (b)   has the same probative force as the original record.
                                                 1999, c B-5.1, s 54.
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                           BOILER AND PRESSURE VESSEL                              c B-5.1



Statements by owners
    55 The minister may require the owner of a boiler, pressure vessel, plant or
    pressure piping system to supply, within a specified time, a statement, verified by
    the owner’s affidavit, or a statutory declaration giving any information that the
    minister considers necessary with respect to the boiler, pressure vessel, plant or
    pressure piping system, its operation and the persons employed in connection with it.
                                                 1999, c B-5.1, s 55.


Administrative penalties
    55.1(1) The chief inspector may assess a penalty against a person for contraventions
    of this Act or the regulations or for failure to comply with an order pursuant to this
    Act.
    (2) The penalty may consist of:
         (a) a single monetary amount not exceeding $5,000;
         (b) a daily amount not exceeding $1,000 for each day the infraction continues;
         or
         (c) a combination of clauses (a) and (b).
    (3) Before assessing a penalty, the chief inspector shall provide notice to the person:
         (a) setting out the facts and circumstances that, in the chief inspector’s
         opinion, render the person liable to a penalty;
         (b) specifying the amount of the penalty that the chief inspector considers
         appropriate in the circumstances; and
         (c) informing the person of the person’s right to make representations to the
         chief inspector.
    (4) No penalty is to be assessed by the chief inspector more than three years after
    the act or omission that renders the person liable to a penalty first came to the
    knowledge of the chief inspector.
    (5) A person to whom notice is sent pursuant to subsection (3) may make
    representations to the chief inspector respecting whether a penalty should be
    assessed and the amount of any penalty.
    (6) Representations pursuant to subsection (5) must be made within 30 days after
    the person received the notice.
    (7) After considering any representations, the chief inspector may:
         (a) assess a penalty in the amount set out in the notice and set a date by
         which the penalty is to be paid in full;
         (b) assess a revised penalty and set a date by which the penalty is to be paid
         in full; or
         (c) determine that no penalty should be assessed.
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     (8) The chief inspector shall serve a copy of the decision pursuant to
     subsection (7), with reasons, on the person who made the representations.
     (9) The chief inspector may assess a penalty pursuant to this section
     notwithstanding that the facts and circumstances giving rise to the penalty
     arose due to the actions of an employee, helper, contractor or agent of the person
     required to pay the penalty.
     (10) If a corporation commits a contravention mentioned in subsection (1), the
     chief inspector may, in accordance with this section, assess a penalty against an
     officer, director or other person of the corporation who authorized, permitted or
     acquiesced in the contravention, even though the corporation is liable for or pays
     an administrative penalty.
                                                  2019, c 13, s 3.


Enforcement of administrative penalty
     55.2(1) The chief inspector may file in the Court of King’s Bench a certificate signed
     by the chief inspector and setting out:
          (a) the amount of the penalty assessed pursuant to subsection 55.1(7); and
          (b) the person from whom the penalty is to be recovered.
     (2) A certificate filed pursuant to this section has the same force and effect as if
     it were a judgment obtained in the Court of King’s Bench for the recovery of a debt
     in the amount set out in the certificate, together with reasonable costs and charges
     with respect to its filing.
                                                  2019, c 13, s 3; 2024, c4, s 32.


Appeal to Court of King’s Bench re administrative penalty
     55.3(1) Any person aggrieved by a decision of the chief inspector to assess a penalty
     against that person pursuant to section 55.1 may appeal that decision on a question
     of law to a judge of the Court of King’s Bench within 30 days after the date of service
     of the chief inspector’s decision.
     (2) The record of an appeal pursuant to subsection (1) consists of:
          (a) the chief inspector’s decision;
          (b) any written representations made to the chief inspector by the person
          named in the decision;
          (c) the notice of motion commencing the appeal;
          (d) any other prescribed documents or material; and
          (e) any other material that the Court of King’s Bench may require.
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    (3) On hearing an appeal pursuant to this section, the judge of the Court of King’s
    Bench may issue an order:
         (a) confirming the penalty;
         (b) amending the amount of the penalty; or
         (c) quashing the chief inspector’s decision to assess a penalty.
                                                 2019, c 13, s 3; 2024, c4, s 32.


Court-ordered compliance
    55.4(1) The chief inspector may apply to a judge of the Court of King’s Bench for
    all or any of the following:
         (a) an order compelling a person to comply with this Act, the regulations, an
         order issued pursuant to this Act or the regulations, or the terms and conditions
         of a licence;
         (b) an order enjoining any person from proceeding contrary to this Act, the
         regulations, an order issued pursuant to this Act or the regulations, or the
         terms and conditions of a licence.
    (2) On an application pursuant to this section, the judge of the Court of King’s
    Bench may make the order requested or any other order that the judge considers
    appropriate on any terms and conditions that the judge considers appropriate.
    (3) The chief inspector may apply for an order pursuant to subsection (1) regardless
    of whether an order pursuant to this Act or the regulations has been issued with
    respect to the matter.
                                                 2019, c 13, s 3; 2024, c4, s 32.


Public notice
    55.5 Notice of administrative penalties, discipline orders, court-ordered compliance,
    cancellation, revocation or suspension of a licence, or any other orders made pursuant
    to this Act may be published in any manner that the minister considers necessary
    to protect the public, including posting the notice on the ministry’s website.
                                                 2019, c 13, s 3.


Service of notice or documents
    55.6(1) Unless otherwise provided in this Act, any notice, order or document
    required by this Act or the regulations to be given or served is to be served personally
    or mailed by ordinary or registered mail to the last known address of the person
    being served or by any other prescribed means.
    (2) A notice, order or document directed to the occupants of a premises that contains
    two or more units intended for separate occupancy is deemed to have been served on
    each occupant by posting a copy of the notice, order or document in a conspicuous
    place on the land or premises to which the notice, order or document relates.
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     (3) A notice, order or document served by ordinary mail or registered mail is
     deemed to have been received on the seventh business day following the day of its
     mailing, unless the person to whom it was mailed establishes that, through no fault
     of the person, the person did not receive the document or that the person received
     it at a later date.
     (4) Irregularity in the service of a notice, order or document does not affect the
     validity of an otherwise valid notice, order or document.
                                                    2019, c 13, s 3.


Offences and penalties
     56(1)     No person shall:
             (a) obstruct or hinder an inspector acting pursuant to the authority of this
             Act or the regulations;
             (b) fail to comply with any notice, order, decision, requirement or direction
             of an inspector or the board pursuant to this Act or the regulations;
             (c) fail to pay any fee or other charge that is required by this Act or the
             regulations to be paid; or
             (d) fail to comply with any other provision of this Act or the regulations.
     (2) Every person who contravenes any provision of subsection (1) is guilty of an
     offence and liable on summary conviction:
             (a) in the case of an individual, to a fine of not more than $25,000 and, in
             the case of a continuing offence, to a further fine of not more than $5,000
             for each day or part of a day during which the offence continues; and
             (b) in the case of a corporation, to a fine of not more than $200,000 and, in
             the case of a continuing offence, to a further fine of not more than $20,000 for
             each day or part of a day during which the offence continues.
     (3) A conviction for an offence of failing to comply with a notice, order, decision,
     requirement or direction of an inspector does not relieve the person convicted from
     compliance with the notice, order, decision, requirement or direction, and the
     convicting judge shall, in addition to any fine imposed, order that person to do,
     within a specified period, any act or work necessary to remedy the non-compliance.
     (4) Where a person is convicted of an offence of failing to pay any fees or charges,
     the convicting judge shall, in addition to the fine imposed, order the person to pay
     those fees or charges immediately or on any conditions that the judge considers
     appropriate.
     (5) Where default is made in payment of a fine imposed pursuant to this section or
     in payment of any fees or charges ordered pursuant to subsection (4), the convicting
     judge shall, on request, provide the minister with a certified copy of the conviction
     and sentence or order, as the case may be.
     (6) The minister may file a certified copy of a conviction and sentence or order
     provided pursuant to subsection (5) with the local registrar of the Court of King’s
     Bench at any judicial centre and, when so filed, the copy of the conviction and
     sentence or order has the same effect as if it were a judgment of that court and may
     be enforced as a judgment of that court.
                                                    1999, c B-5.1, s 56; 2019, c 13, s 3; 2024, c4, s 32.
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Directors, etc., of corporations
    57 Every director, officer or agent of a corporation who directed, authorized,
    assented to, acquiesced in or participated in an act or omission of the corporation
    that would constitute an offence by the corporation is guilty of that offence, and is
    liable on summary conviction to the penalties provided for the offence whether or
    not the corporation has been prosecuted or convicted.
                                                  1999, c B-5.1, s 57.


Limitation
    58 No prosecution shall be commenced for an offence pursuant to this Act or the
    regulations after the later of:
          (a) one year after the day on which the alleged offence comes to the attention
          of the chief inspector; and
          (b) three years after the date of commission of the alleged offence.
                                                  1999, c B-5.1, s 58.




                                        PART XI
                                        General

Regulations
    59(1) For the purpose of carrying out this Act according to its intent, the Lieutenant
    Governor in Council may make regulations:
          (a) defining, enlarging or restricting the meaning of any word or expression
          used in this Act but not defined in this Act;
          (b) establishing classes of boilers, pressure vessels, plants, pressure piping
          systems and fittings;
          (c) for the purposes of clause 3(1)(p), designating classes of boilers, pressure
          vessels, plants, pressure piping systems or fittings to which this Act or any
          provision of this Act does not apply;
          (d) for the purposes of subsection 4(2), prescribing the qualifications necessary
          for appointment as a special inspector;
          (e) establishing classes of licences;
          (f) for the purposes of subsection 5(1), exempting any class of persons or any
          class of activities from the requirement to hold a valid licence;
          (g) prescribing and governing the requirements to be met by applicants for
          any class of licences, including the information to be provided by applicants;
          (h) governing the issuance of licences and the period of validity of any class
          of licences;
          (i) prescribing standards for:
                (i) the design, construction, installation, alteration, repair and
                maintenance of boilers, pressure vessels, plants, pressure piping systems
                and fittings;
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                (ii) any materials, equipment, parts and safety devices that are to be
                used in the construction, installation, alteration, repair and maintenance
                of boilers, pressure vessels, plants and pressure piping systems; and
                (iii) any welding to be done on boilers, pressure vessels, plants and
                pressure piping systems;
          (j) governing the calculation of the capacities of boilers, pressure vessels,
          plants and pressure piping systems;
          (k) exempting any class of persons, any class of boilers, pressure vessels,
          plants, pressure piping systems or fittings or any class of alterations or repairs
          from the requirement for registration pursuant to section 11;
          (l) prescribing and governing requirements to be met by applicants for
          registration, including the information to be provided by applicants, and
          governing the registration of designs, plans and specifications for the
          construction, installation, alteration and repair of boilers, pressure vessels,
          plants, pressure piping systems and fittings pursuant to Part III;
          (m) prescribing the qualifications of persons who are eligible to carry out
          inspections pursuant to quality management systems;
          (n)   prescribing standards for quality management systems;
          (o) prescribing standards for the operation of boilers, pressure vessels, plants
          and pressure piping systems;
          (p) governing the supervision of the operation of a boiler, pressure vessel,
          plant or pressure piping system and circumstances in which the person in
          immediate charge may be temporarily absent;
          (p.1) for the purposes of section 33.1, defining ‘acceptable safety standards’
          and ‘system of remote supervision’;
          (p.2) for the purposes of subsection 33.1(2), respecting the chief inspector’s
          approval of the suspension of the requirement for an owner of a boiler or plant
          to comply with clause 33(1)(b);
          (p.3) for the purposes of subsection 33.1(3), respecting:
                (i) the circumstances in which the suspension of the requirement to
                comply with clause 33(1)(b) may exceed 24 months; and
                (ii) the renewal of the suspension of the requirement to comply with
                clause 33(1)(b), including the circumstances in which the renewal may
                exceed 24 months;
          (p.4) for the purposes of subsection 33.1(4), prescribing any other condition
          under which the chief inspector may revoke the approval;
          (q) prescribing and governing requirements to be met for the licensing of a
          plant as a guarded plant;
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     (r) with respect to any matter governed by this Act:
          (i) adopting, as amended from time to time or otherwise, all or any part
          of any relevant code or standard;
          (ii) amending for the purposes of this Act or the regulations any code or
          standard adopted pursuant to subclause (i);
          (iii) requiring compliance with a code or standard adopted pursuant to
          subclause (i);
     (s) establishing classes of certificates of qualification, prescribing the
     requirements that must be met to obtain certificates of qualification of each
     class, governing the issuance of certificates of qualification and specifying the
     activities that may be carried out by holders of certificates of qualification of
     each class;
     (t) governing the training and examinations to be taken by candidates for
     certificates of qualification;
     (u) respecting applications for certificates of qualification by holders of
     certificates issued by other jurisdictions;
     (v) governing eligibility criteria and procedures for appointment to the board;
     (w) governing addresses for service and the service of documents for the
     purposes of this Act;
     (x) governing the commencement of reviews and appeals;
     (y) governing the conduct of reviews and appeals;
     (z) requiring and governing the keeping of records in relation to any matter
     governed by this Act;
     (aa) with respect to any matter governed by this Act, requiring the payment
     of fees or charges or both, prescribing the amounts of fees and charges to be
     paid and prescribing circumstances in which refunds of fees or charges may
     be granted;
     (bb) prescribing any matter or thing required or authorized by this Act to be
     prescribed in the regulations;
     (cc) respecting any other matter or thing that the Lieutenant Governor in
     Council considers necessary to carry out the intent of this Act.
(2) Regulations pursuant to subsection (1) may make different provisions for
different classes of boilers, pressure vessels, plants, certificates or persons.
(3) Where, in the opinion of the chief inspector, exceptional circumstances exist that
would make strict compliance with a regulation impracticable, the chief inspector
may grant a special exemption to a person from all or any part of the regulations
if the chief inspector is satisfied that the exemption is not inconsistent with safe
practice.
(4) A special exemption pursuant to subsection (3) may be made subject to any
terms and conditions that the chief inspector considers appropriate.
                                             1999, c B-5.1, s 59; 2006, c 3, s 9; 2023, c 21, s 5.
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Non-liability
     60 No action or proceeding lies or shall be commenced against the minister, the
     ministry, an inspector, an employee or agent of the ministry or any other person
     appointed to administer all or any of the provisions of this Act or the regulations
     for any loss or damage suffered by any person by reason of anything in good faith
     done, caused, permitted or authorized to be done, attempted to be done or omitted
     to be done, by any of them pursuant to or in the exercise of any power conferred by
     this Act or the regulations or in the carrying out or supposed carrying out of any
     duty imposed by this Act or the regulations.
                                                       1999, c B-5.1, s 60; 2019, c 13, s 3.


RSS 1978, c B-5 repealed
     61 The Boiler and Pressure Vessel Act is repealed.
                                                       1999, c B-5.1, s 61.


Transitional
     62(1)     Notwithstanding the repeal of The Boiler and Pressure Vessel Act:
             (a) any order, demand, direction, request or requirement of an inspector that
             was made pursuant to that Act and is in force on the day before this Act comes
             into force remains in force until it is complied with or the period specified in
             it has expired, unless the order, demand, direction, request or requirement is
             revoked before that occurs; and
             (b) any approval granted by the chief inspector or an inspector pursuant to
             that Act that is in force immediately before the coming into force of this Act
             remains in force for the period specified in the approval or until the approval
             is amended or revoked.
     (2) Subject to the regulations, all certificates, registrations and permits granted
     or issued pursuant to The Boiler and Pressure Vessel Act are continued, with any
     necessary modification, as if granted or issued pursuant to this Act and may be
     dealt with as if granted or issued pursuant to this Act.
     (3) Any action or decision of an inspector or the chief inspector made before the
     coming into force of this Act may be appealed in accordance with this Act.
                                                       1999, c B-5.1, s 62.




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