Directive: Definition of "owner" in the Power Engineers, Boiler, Pressure Vessel and Refrigeration Safety Regulation

This Directive is being issued by a provincial safety manager pursuant to section 30 of the Safety Standards Act.

General details

The term “owner” is used throughout the Power Engineers, Boiler, Pressure Vessel and Refrigeration Safety Regulation. This Directive provides clarity with respect to the definition of that term and to whom it is intended to apply.

Specific details

The term “owner” is defined in section 1 as of the Safety Standards Act. That definition states that “owner” includes a lessee. The definition, however, is not exhaustive. The intent is to allow flexibility in the interpretation of the term as it is used throughout the Regulations enacted under the Safety Standards Act. Accordingly, this Directive specifies how that definition is to be read when encountered throughout the Power Engineers, Boiler, Pressure Vessel and Refrigeration Safety Regulation.

It is hereby directed that the term “owner” when used in the Power Engineers, Boiler, Pressure Vessel and Refrigeration Safety Regulation means, in addition to the definition in section 1 of the Safety Standards Act, as follows:

“owner” means the person or persons who either have ownership of regulated equipment or who are otherwise responsible for the equipment on behalf of the owner.

The intent is to clarify that the actual owners of regulated equipment are not the only persons who may have obligations under the Power Engineers, Boiler, Pressure Vessel and Refrigeration Safety Regulation. In many cases, the actual owners are, for example, overseas and neither have day-to-day oversight nor the expertise required (e.g., the business could be an investment). Therefore, when the Power Engineers, Boiler, Pressure Vessel and Refrigeration Safety Regulation references “owner”, the term applies to those persons responsible for the regulated equipment on a day-to-day basis.

 

 

Malcolm Bishop

Provincial Safety Manager, Boilers