2A1 Chapter 3 Boiler and Pressure Vessel Legislation Power Engineering

Vocabulary-style flashcards covering boiler legislation, law types, court structures, statutory delegation, and ASME/CSA codes as per the Chapter 3 notes.

Jurisdictional Responsibility

The responsibility of a candidate to be aware of the Act and Regulations in the province where they study or work.

Second Class Power Engineering Candidate goal

To gain a wider appreciation of the laws governing the roles and responsibilities of a Power Engineer.

Legal Responsibility Knowledge

What a Power Engineer is responsible for both directly and indirectly, including penalties for contravening laws.

CSA B51

The Boiler, Pressure Vessel, and Pressure Piping Code.

CSA B52

The Mechanical Refrigeration Code.

Constitutional Law

Law relating to relationships between various legal components in Canada, such as federal, provincial, and local powers.

Civil Law

Private law existing between parties, often contrasted with criminal law, involving contracts, torts, and real property.

Criminal Law

Law found in the Criminal Code of Canada concerned with rights and duties of subjects in connection with the state.

Quasi-criminal Law

Law involving penal consequences such as imprisonment and/or a fine, including provincial acts like the Boilers and Pressure Vessels Act.

Administrative Law

Deals with legal limitations on the actions of governmental officials and remedies for transgressions of those limits.

Ultra vires

A legal term meaning beyond a person’s power or authority.

Statute Law

The body of law derived from legislation.

Common Law

Law created by the courts, also known as case precedent law.

Primary Legislation

Legislation enacted by the legislative body as a whole, usually called an Act.

Subordinate Legislation

Legislation enacted by a body subordinate to the legislative body, such as regulations, orders-in-council, or bylaws.

Enabling Legislation

Governing legislation that delegates the power to make statutory instruments to an inferior body.

Inferior Body Examples

The cabinet, a minister, an administrative tribunal, or a municipal council.

Regulations

Subordinate legislation passed under the authority of the Boilers and Pressure Vessels Act or Safety Codes Act.

Alberta Safety Codes Act Section 61

Empowers the lieutenant-governor in Council to pass regulations relating to subjects under the Act.

Municipal Bylaws

Legislation passed by local governments (municipalities) with the same force and effect as provincial legislation.

First Role of the Courts

To interpret the legislation enacted by legislators.

Canadian Charter of Rights and Freedoms Year

Introduced into the Canadian Constitution in $1982$.

Second Role of the Courts

To create law where legislation does not exist, most often in civil law (contract, tort).

Tort Principle

Legal principle holding a party liable for injury or damage caused to another person (not resulting from a contract).

Executive Power

The power to implement the laws.

Judicial Power

The power to adjudicate disputes.

Entrenched Constitution

A constitution that is resistant to change due to a complex process for modification.

Supreme Law

Characterization of a constitution as the authoritative law to which all other laws are subordinate.

The Canada Act 1982

An Act of the Parliament of Canada which assumed power from the Parliament of the United Kingdom.

Constitution Act, 1867

The document that distributes power between the federal Parliament and provincial legislatures.

Section 91 of Constitution Act, 1867

Prescribes the powers of the federal Parliament.

Section 92 of Constitution Act, 1867

Describes the jurisdiction of provincial legislatures.

Section 92(5)

Provincial power regarding management and sale of Public Lands and Timber belonging to the Province.

Section 92(13)

Provincial power regarding Property and Civil Rights in the Province.

Section 92(15)

Provincial power regarding imposition of punishment by Fine, Penalty, or Imprisonment.

Section 92(16)

Provincial power regarding all matters of a merely local or private nature.

POGG

Stands for Peace, Order and Good Government of Canada.

The Gap Test

Applied if there is a gap in the constitutional distribution of powers.

National Concern Test

Applied to matters of national concern not covered by the Constitution, falling under federal jurisdiction.

Aeronautics Jurisdiction

Falls under federal jurisdiction as a matter of national concern.

Emergency Test

Allows the federal government to use POGG power to enact emergency legislation.

War Measures Act

An example of emergency legislation enacted under the POGG principle.

Anti-Inflation Act

An example of emergency legislation enacted under the federal POGG principle.

Section 92(8)

Provincial provision to create municipal institutions in the province.

Local Public Authorities

Municipalities, school boards, regional health boards, and other administrative commissions.

BCSA

British Columbia Safety Association.

TSSA

Technical Standards and Safety Association (Ontario).

Section 92(14)

Provincial power regarding the Administration of Justice in the province.

Civil Division of Provincial Court

Often called small claims court; jurisdiction usually includes debt not exceeding $"4000"$ dollars.

Criminal Division Jurisdiction

Includes provincial offences, summary conviction offences, and certain indictable offences.

Section 96 Courts

Superior courts in each province where judges are appointed by the Governor General.

Court of Queen's Bench

A Section $96$ Court with broad jurisdiction including civil matters in excess of $"4000"$ dollars.

Court of Appeal

The superior provincial appeal court for criminal and civil cases.

Section 101 of Constitution Act, 1867

Allows the Parliament of Canada to provide for a General Court of Appeal and additional federal courts.

Federal Court of Canada

Replaced the Exchequer Court to hear matters within federal constitutional jurisdiction.

Exchequer Court of Canada

The predecessor to the Federal Court of Canada.

Federal Court Trial Division Justice Count

Staffed by $14$ federally appointed justices.

Claims against the Crown

Exclusive jurisdiction of the trial division of the Federal Court of Canada.

Supreme Court of Canada Justice Count

Comprises $9$ federally appointed justices.

Year Privy Council Appeals Abolished

In $1949$, the Supreme Court became the highest court of appeal in Canada.

Supreme Court Civil Case Appeals

Requires leave and must involve matters of public importance or important issues of law.

Reference Cases

Cases where the Supreme Court gives opinions on constitutional or legislative interpretation.

Statutory Delegates

Entities that receive delegated powers from federal, provincial, or territorial governments.

Delegated Legislative Function

The power to enact subordinate legislation such as regulations or bylaws.

Delegated Administrative Function

Often called executive functions, involving application and enforcement of legislation.

Quasi-judicial function

A function essentially judicial in nature exercised by an appointed official or administrative tribunal.

Mandatory Powers

Duties imposed on a delegate, often identified by the words "shall" or "must".

Discretionary Powers

Powers allowing delegates to use their judgment, identified by the terms "may" or "discretion".

Duty of Care

The legal obligation of a defendant to provide care to the plaintiff based on their relationship.

Standard of Care

The level of performance compared against a "reasonable person" or "reasonable peer" with similar training.

Reasonable Man Principle

A mythical individual who is always careful and prudent, used to measure standard of care.

Damages

Physical or emotional harm to the plaintiff that was a reasonably foreseeable result of a breach.

Negligence Requirements

Duty of care, breach of standard of care, and resulting foreseeable damages.

Burden of Proof in Statute Law

Must be proven beyond a reasonable doubt.

Burden of Proof in Civil Law

Based on the balance of probability (typically $51\%$ or more).

Gross Negligence

Very great negligence characterized by a wanton or willful disregard for obligations.

Policy Decisions

High-level government decisions (e.g., whether to inspect) generally immune from legal action.

Operational Decisions

Decisions made in the field (e.g., how well an inspection is done) subject to court scrutiny.

Good Faith

Condition expecting individuals to act with prudence, within scope, and in accordance with training.

Offence: Interference

Hiring or hindering a safety officer in the exercise of their powers.

Offence: False Statements

Knowingly making a false or misleading statement orally or in writing.

Penalty for 1st Offence (Fine)

A fine of not more than $"15000"$ dollars.

Continuing 1st Offence Fine

A further fine of not more than $"1000"$ dollars for each day the offence continues.

Penalty for 1st Offence (Imprisonment)

Term not exceeding $6$ months.

Penalty for 2nd Offence (Fine)

A fine of not more than $"30000"$ dollars.

Continuing 2nd Offence Fine

A further fine of not more than $"2000"$ dollars for each day the offence continues.

Penalty for 2nd Offence (Imprisonment)

Term not exceeding $12$ months.

Order to Comply

A court order to follow the Act or variance in addition to fines or imprisonment.

Initial Appeal of Order

To the chief inspector in charge of administering the Act.

Technical Council

An appointed body whose decision on technical matters during an appeal is final.

Appeal to Court of Queen’s Bench

Allowed only on questions of law or jurisdiction, not technical matters.

Enabling Act

An act that expressly delegates the authority to make regulations.

Regulation Goal: Pollution

Setting standards for nuclear power stations to minimize radioactive pollution risk.

Stakeholders

Members of the public who are regulated by specific regulatory schemes.

Design Registration Requirement

Requirement in Boiler/PV regulations for the design of a boiler, fitting, or piping system.

Welding Procedure Registration

Detailed in Design, Construction, and Installation regulations.

Power Engineer Regulations: Supervision

Sets out levels for power plants and heating plants.

Log-book Requirement

Found within the Power Engineer Regulations.

Pressure Welder's Regulations

Details certificate types, examination requirements, and performance qualification tests.

MSS SP-25

Standard Marking System for Valves, Fittings, Flanges and Unions.