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AR 76/2011 ELEVATING DEVICES, PASSENGER ROPEWAYS AND AMUSEMENT RIDES ADMINISTRATION REGULATION

(Consolidated up to 52/2015)

ALBERTA REGULATION 76/2011

Government Organization Act

ELEVATING DEVICES, PASSENGER ROPEWAYS AND
AMUSEMENT RIDES ADMINISTRATION REGULATION

Table of Contents

                1      Definitions

                2      Delegation

                3      Authorization to assess and collect

                4      Conditions

                7      Limiting legal liability

                8      Appeals

                9      Records

              10      Reporting

           10.1      Advice to the Minister

              11      Repeal

              12      Expiry

Definitions

1   In this Regulation,

                               (a)    “acceptance inspection” has the meaning given to it in the Elevating Devices, Passenger Ropeways and Amusement Rides Permit Regulation (AR 286/2002);

                           (a.1)    “Act” means the Government Organization Act;

                              (b)    “Administration Agreement” means a written agreement made between the Minister and the Association entitled Administration Agreement;


                               (c)    “Administrator” means an Administrator as defined in the Safety Codes Act for the relevant discipline;

                              (d)    “amusement ride” means an amusement ride or amusement device within the meaning of the CAN/CSA Standard Z267‑00 Safety Code for Amusement Rides and Devices including Appendix C (Nondestructive Testing) as varied by and declared in force by the Amusement Rides Standards Regulation (AR 223/2001), but does not include anything to which that Standard is stated by its Clause 1.5 not to apply;

                               (e)    “Association” means the Alberta Elevating Devices and Amusement Rides Safety Association incorporated under the Societies Act;

                               (f)    “Authorized Accredited Agency” means an organization listed in the Schedule to the Authorized Accredited Agencies Regulation (AR 184/95) that has

                                        (i)    entered into a contract with an owner of an elevating device or the Association, and

                                      (ii)    entered into an Authorization Agreement;

                               (g)    “Authorization Agreement” means a written agreement made between the Minister and an organization listed in the Schedule to the Authorized Accredited Agencies Regulation (AR 184/95);

                              (h)    “elevating device” means

                                        (i)    respecting CAN/CSA B355‑00 Lifts for Persons with Physical Disabilities, including CAN/CSA s1‑02 Supplement No. 1 as varied by and declared in force by the Elevating Devices Codes Regulation (AR 62/2009), a lift as defined in that Standard and as listed in its Clause 1.2, but does not include things to which that Standard is stated not to apply by its Clause 1.3,

                                      (ii)    respecting CAN/CSA Standard B311‑02 Safety Code for Manlifts as varied by and declared in force by the Elevating Devices Codes Regulation (AR 62/2009), a manlift (endless‑belt type, hand‑powered counterbalanced type and power‑type) as defined in that Standard and for which minimum requirements are specified by that Standard, but does not include things to which that Standard is stated not to apply by its Clause 1.2,

                                     (iii)    respecting ASME A17.1/CSA B44‑07 Safety Code for Elevators and Escalators as varied by and declared in force by the Elevating Devices Codes Regulation (AR 62/2009), the equipment covered by that Code as stated in its Requirement 1.1.1, but does not include the equipment not covered by that Code as stated by its Requirement 1.1.2, and

                                     (iv)    respecting CAN/CSA Standard Z185‑M87 (R2001) Safety Code for Personnel Hoists, the things to which that Standard applies as stated in its Requirement 1.1, but does not include things to which that Standard does not apply as stated by its Requirement 1.3;

                               (i)    “Freedom of Information and Protection of Privacy Coordinator” means an employee of the Government designated by the Deputy Minister as a Freedom of Information and Protection of Privacy Coordinator;

                              (k)    “Minister” means the Minister designated with the responsibility for the administration of the Safety Codes Act and “Deputy Minister” means the deputy of that Minister;

                               (l)    “passenger ropeway” means a passenger ropeway or passenger conveyor within the meaning of CSA Standard Z98‑07, Passenger Ropeways and Passenger Conveyors, as varied by and declared in force under the Passenger Ropeways and Passenger Conveyors Standards Regulation (AR 190/2008);

                             (m)    “permit” includes a certificate of construction permit, a certificate of alteration permit and a certificate of operation permit under the Elevating Devices, Passenger Ropeways and Amusement Rides Permit Regulation (AR 28/2012);

                              (n)    “rules” means rules made by the Association under section 3 of Schedule 10 of the Act;

                              (o)    “safety codes officer” means a safety codes officer as defined in the Safety Codes Act;

                              (p)    “safety inspection report” means a report prepared by a designated safety codes officer employed by

                                        (i)    an Authorized Accredited Agency that has been authorized to conduct and report on safety inspections for existing elevating devices, or

                                      (ii)    the Alberta Elevating Devices and Amusement Rides Safety Association.

AR 76/2011 s1;52/2015

Delegation

2(1)  The powers, duties and functions of

                               (a)    a safety codes officer under the Elevating Devices, Passenger Ropeways and Amusement Rides Permit Regulation (AR 28/2012), and

                              (b)    a safety codes officer under sections 34, 35, 38, 44, 46, 48, 49, 56(1) of the Safety Codes Act in respect of elevating devices, passenger ropeways and amusement rides,

are delegated to the Association.

(2)  The powers, duties and functions of an Administrator under section 40 of the Safety Codes Act for the purposes of registering designs in respect of elevating devices, passenger ropeways and amusement rides are delegated to the Association.

(3)  Repealed AR 52/2015 s3.

AR 76/2011 s2;52/2015

Authorization to assess and collect

3   The Association is authorized

                               (a)    to impose assessments, fees and charges with the approval of the Minister, and

                              (b)    to collect money from the levy of the assessments, fees and charges,

with respect to the powers, duties and functions delegated to it under this Regulation, on persons who apply for or are provided with services, materials or programs, including, but not limited to, providing information, issuing a permit, certificate or other thing, or notifying, filing with or registering any thing with the Association.

AR 76/2011 s3;52/2015

Conditions

4(1)  The delegation of powers, duties and functions under section 2 is subject to the following conditions:

                               (a)    the Association must exercise its powers and authorizations and perform the duties and functions delegated to it by this Regulation in accordance with the Administration Agreement;

                              (b)    the Association must comply with this Regulation;

                               (c)    any confidential records or information acquired by the Association, its directors, officers, employees and agents in the course of carrying out their powers, duties and functions under this Regulation must not be disclosed or made known to any other person, except as is necessary to carry out those powers, duties and functions or in a manner consistent with the Freedom of Information and Protection of Privacy Act;

                              (d)    a request for access to information made under the Freedom of Information and Protection of Privacy Act to the Association must be directed to the Freedom of Information and Protection of Privacy Coordinator, and the Association must respond to the request as directed by the Coordinator;

                               (e)    the Association must designate a person to be responsible for freedom of information matters and matters related to records management;

                               (f)    all computer software and systems used or developed by the Association, the information on them and any thing generated or capable of generation by them for carrying out its powers, duties and functions under this Regulation or the Administration Agreement is owned by the Government of Alberta.

(2)  All money received by the Association under the authority of this Regulation must be recorded and accounted for in accordance with generally accepted accounting principles and receipts for the money received must be provided on the request of the person paying the money.

(3)  The Association is authorized to use the money collected by it under this Regulation to pay costs incurred in carrying out its powers, duties and functions under this Regulation.

AR 76/2011 s4;52/2015

5 and 6   Repealed AR 52/2015 s6.

Limiting legal liability

7(1)  No action lies against the Association or against all or any of its directors, officers, agents or employees for anything done or not done by any of them in good faith while carrying out their powers, duties and functions under this Regulation.

(2)  The Association and its directors, officers, employees and agents are not liable for any damage caused by a decision related to the system of inspections, examinations, evaluations and investigations, including, but not limited to, a decision relating to their frequency and how they are carried out.

(3)  If the Association engages the services of an Authorized Accredited Agency to carry out its powers, duties and functions under this Regulation, the Association is not liable for any negligence or nuisance by the Authorized Accredited Agency that causes injury, loss or damage to any person or property.

AR 76/2011 s7;52/2015

Appeals

8(1)  Pursuant to section 2(1)(e) of Schedule 10 of the Act, a person affected by an action taken or a decision made, or the failure to take an action or make a decision, by

                               (a)    the Association or its agents, directors, officers or employees, or

                              (b)    an Authorized Accredited Agency, its directors, officers, agents or employees

respecting a matter related to this Regulation or the Administration Agreement may appeal the action or decision, in writing, to the Minister if the matter is not governed by section 50 of the Safety Codes Act.

(2)  The Minister may decide whether to hear an appeal under subsection (1).

(3)  On hearing an appeal, the Minister may confirm, vary or revoke the action or decision that is the subject‑matter of the appeal.

(4)  A decision made by the Minister with respect to an appeal under this section is final.

AR 76/2011 s8;52/2015

Records

9(1)  All records in the custody or under the control of the Association that are required in the carrying out of its powers, duties and functions under this Regulation must be managed, maintained and destroyed in accordance with subsection (2) and

                               (a)    the Records Management Regulation (AR 224/01), or

                              (b)    a regulation that replaces the Records Management Regulation (AR 224/01).

(2)  The following conditions apply to the records described in subsection (1):

                               (a)    records must be managed under the direction of a senior records officer to whom a deputy head, as defined in the Records Management Regulation (AR 224/01), has assigned powers and duties under that Regulation;

                              (b)    the Association must designate a person to be responsible for records management and freedom of information and protection of privacy matters;

                               (c)    repealed AR 52/2015 s9;

                              (d)    all records created or maintained in the course of carrying out the powers, duties and functions under this Regulation become and remain the property of the Crown in right of Alberta and must be managed in accordance with the Freedom of Information and Protection of Privacy Act;

                               (e)    the Association must establish appropriate rules and make reasonable security arrangements in accordance with Part 2 of the Freedom of Information and Protection of Privacy Act to preserve the confidentiality of personal information against such risks as unauthorized access, collection, use, disclosure or disposal;

                               (f)    the Association must provide any records required in accordance with the Freedom of Information and Protection of Privacy Act to the Freedom of Information and Protection of Privacy Coordinator within the time period set out in the Administration Agreement.

(3)  The Association must maintain records with respect to elevating devices, amusement rides and passenger ropeways that include the following:

                               (a)    the receiving of applications for permits;

                              (b)    the issuance of permits;

                               (c)    the terms and conditions placed on permits;

                              (d)    the expiry of permits;

                               (e)    the suspension of permits;

                               (f)    the cancellation of permits;

                               (g)    notifications of permit renewals;

                              (h)    renewals of permits;

                               (i)    accidents and incidents of unsafe conditions;

                               (j)    notification of the requirement for safety inspection reports;

                              (k)    safety inspection reports;

                               (l)    acceptance inspection reports;

                             (m)    identification numbers issued by a safety codes officer;

                              (n)    applications for acceptance inspections under section 5(1) of the Elevating Devices, Passenger Ropeways and Amusement Rides Permit Regulation (AR 28/2012);

                              (o)    acceptance inspections made under section 6(1) of the Elevating Devices, Passenger Ropeways and Amusement Rides Permit Regulation (AR 28/2012);

                              (p)    the itinerary of amusement rides pursuant to section 8(1)(b) of the Elevating Devices, Passenger Ropeways and Amusement Rides Permit Regulation (AR 28/2012);

                               (r)    the receiving of fees for any service provided pursuant to this Regulation;

                               (s)    the issuance of orders;

                               (t)    appeals made under this Regulation;

                              (u)    any other matter related to elevators, amusement rides or passenger ropeways that is requested by the Minister.

AR 76/2011 s9;52/2015

Reporting

10   The Association must report on its activities to the Minister at least once a year, at a time and in a manner specified by the Minister as set out in the Administration Agreement and in accordance with section 10 of Schedule 10 of the Act.

Advice to the Minister

10.1   The Association is authorized, with the consent of the Minister, to provide advice to the Minister on the powers, duties and functions delegated under this Regulation.

AR 52/2015 s10

Repeal

11   The  Elevating Devices, Passenger Ropeways and Amusement Rides Administration Regulation (AR 72/2001) is repealed.

Expiry

12   For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on April 30, 2020.

AR 76/2011 s12;65/2012;72/2014;52/2015