Power Engineers Regulation

Power Engineers Regulation, M.R. 40/92 The Power Engineers Act , C.C.S.M. c. P95 Regulation 40/92 Registered March 2, 1992 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Non-application 3 Plant classifications 4 Classes of certificates 5 Certificate authority 6 Supervision requirements 7 Exemption re constant supervision 8 Qualification of applicants 8.1 Person authorized in another Canadian jurisdiction 9 Proofs 10 Certificates 11 Fees 12 Repeal Schedule A Qualification of applicants B Schedule of Fees Definitions 1(1) In this regulation, "Act" means The Power Engineers Act ; («  Loi  ») "approved" means accepted or approved by the minister; (« approuvé ») "assistant shift engineer" means a power engineer of the required class who is under the supervision of the shift engineer of a plant in accordance with section 5; (« opérateur adjoint de quart ») "board" means the board appointed under section 15 of the Act; (« conseil ») "boiler horsepower" means the capacity of a plant in kilowatts divided by 10, determined (a) for boilers, by allowing one boiler horsepower for each unit that is the greater of (i) the number that is the quotient obtained by dividing by 15.6 (34.5) the number of kilograms (pounds) of water, from and at a temperature of 100 degrees Celsius (212 degrees Fahrenheit), that the boiler is capable of evaporating in one hour, or (ii) where electric power is used as a heat source, the number that is the quotient obtained by dividing the maximum aggregate kW capacity of the heating elements by 10, (b) for refrigeration systems, by allowing one ton of refrigeration to equal 3.5 kW (0.35 boiler horsepower), and (c) for air compressors, by dividing the aggregate kW of elements driving the shafts by 50; (« puissance en Hp ») "brake horsepower" means the aggregate horsepower on a shaft from all elements driving the shaft; (« puissance effective au frein ») "central control station" means the area in a plant containing an approved visual read-out system through which the systems being monitored are controlled; (« centre de contôle ») "certificate" means a valid and subsisting certificate issued under the Act or this regulation; (« certificat ») "chief engineer" means a power engineer of the required class who is in charge of the total operation of a plant in accordance with section 5; (« opérateur en chef ») "constant supervision" means the supervision that requires a power engineer to be present continuously in or near an operating area; (« surveillance constante ») "guarded status plant" means a plant equipped with automatic safety controls that is permitted by the minister to operate under section 7; (« installation protégée ») "high pressure" means a pressure of 103 kPa (15 psi) or more; (« à haute pression ») "ice facility plant" means a Refrigeration Class Plant used to make and maintain an artificial ice surface that is used for recreational purposes; (« installation de production de glace ») "industrial occupancy" means the occupancy or use of a building or part of a building for assembling, fabricating, manufacturing, processing, repairing or storing goods and materials; (« établissement industriel ») "kPa" means pressure in metric unit kiloPascals (gauge); (« kPa ») "kW" means kilowatts equivalent to 1,000 Joules per second; (« kW ») "low pressure" means a pressure of less than 103 kPa (15 psi); (« à basse pression ») "low volume boiler" means a boiler (a) of a coiled tube design that has one or more coiled tubes containing water or steam or both, and that has an operating water content of not more than (i) 318 litres (70 imperial gallons), in the case of a high pressure boiler, or (ii) 636 litres (140 imperial gallons), in the case of a low pressure boiler, (b) of a water tube design that has (i) multiple tubes containing water or steam or both, in any configuration other than coiled tubes, connecting its drums or headers, and those drums or headers have (A) an inside diameter of not more than 60 centimetres (23.6 inches), if they have a circular cross-section, or (B) an inside cross-sectional area of not more than 0.05 m 2 (77.5 sq. in.), if they have a non-circular cross-section, (ii) an operating water content of not more than (A) 318 litres (70 imperial gallons) and a unit rating of not more than 3000 kW (300 boiler horsepower), in the case of a high pressure boiler, or (B) 636 litres (140 imperial gallons), in the case of a low pressure boiler, and (iii) no components, except for tubes or butt welded tube connecting fittings, containing steam or water pressure exposed to the products of combustion or the direct heat of combustion; (« chaudière à faible volume ») "low volume boiler plant" means a plant comprised of one or more low volume boilers that has a total operating water content of not more than (a) 953 litres (210 imperial gallons), in the case of a high pressure plant, or (b) 3182 litres (700 imperial gallons), in the case of a low pressure plant; (« installation comprenant des chaudières à faible volume ») "operating area" means (a) the major area of a plant where steam is produced or air, another gas or a refrigerant or any combination thereof is compressed, or (b) a central control station of a high pressure industrial occupancy plant that is equipped with a full set of automatic safety controls and an approved visual read-out system; (« zone d'exploitation ») "plant supervision" means the supervision that requires a power engineer to be present continuously on the premises; (« surveillance de l'installation ») "psi" means pounds per square inch (gauge); (« lb/po 2  ») "shift engineer" means a power engineer of the required class in accordance with section 5; (« opérateur de quart ») "unoccupied" means that the building in which the plant is located is not being used for its usual and normal purposes involving the presence of one or more persons or that there are no persons present in the building in which the plant is located. (« inoccupé ») 1(2) Where the minister is given authority under this regulation, the minister may authorize one or more persons to exercise that authority on conditions determined by the minister and the authority may be exercised by any such person in addition to the minister. M.R. 116/2003 ; 133/2015 ; 9/2025 Non-application 2 The Act and this regulation do not apply to (a) a steam plant (i) of 50 kW (five boiler horsepower) in capacity or less, operated subject to a pressure of 103 kPa (15 psi) or more, or (ii) subject to a pressure of less than 103 kPa (15 psi), and that has a capacity of 500 kW (50 boiler horsepower) or less; (b) a hot water heating boiler operating at a pressure not exceeding 1100 kPa (160 psi) or a temperature not exceeding 120 degrees Celsius (250 degrees Fahrenheit), or both, at or near the boiler outlet; (c) a refrigeration plant (i) of 175 kW (17.5 boiler horsepower) equivalent capacity with a pressure exceeding 103 kPa (15 psi), (ii) that is a single unit factory assembled plant not exceeding 350 kW (35 boiler horsepower) equivalent capacity, or (iii) comprised of centrifugal chillers, if the plant (A) is used for air conditioning for the comfort of inhabitants by circulating only chilled water to accomplish cooling, (B) utilizes a Group 1 refrigerant, and (C) is located on a rooftop or in a machinery room as classified in clause 6.3.1 of the CSA Standard B52, Mechanical Refrigeration Code ; (d) an air pressure plant, other than the reciprocating type, of not more than 5000 kW (500 boiler horsepower) equivalent capacity; (e) an air pressure plant of the reciprocating type, of not more than 1500 kW (150 boiler horsepower) equivalent capacity; (f) a steam plant or pressure plant used on a single family farm for farming purposes only; (g) a plant subject to Part II of the Canada Labour Code ; (h) a nuclear plant operated under the authority of the Atomic Energy Control Board; or (i) a low volume boiler plant, whether or not the boilers are connected together, provided that (i) the plant is equipped with a full set of automatic safety controls, (ii) the plant or any of its boilers are not connected to, or used in conjunction with, other boilers that require supervision under the Act or regulations, and (iii) the owner of the plant (A) certifies in writing to the minister that the plant will be serviced annually by a person holding a valid commercial and industrial gas fitter's licence under The Gas and Oil Burner Act , and (B) provides evidence to the minister on an annual basis that such servicing has been completed. M.R. 116/2003 ; 9/2025 Plant classifications 3(1) Subject to subsections (2) to (6), plants are classified as follows for purposes of this regulation: (a) First Class Plant: a high pressure plant that develops more than 10,000 kW (1000 boiler horsepower); (b) Second Class Plant: a high pressure plant that develops more than 5,000 kW (500 boiler horsepower), but not more than 10,000 kW (1000 boiler horsepower); (c) Third Class Plant: a high pressure plant that develops more than 1000 kW (100 boiler horsepower), but not more than 5000 kW (500 boiler horsepower); (d) Fourth Class Plant: a high pressure plant that develops more than 250 kW (25 boiler horsepower) but not more than 1000 kW (100 boiler horsepower), or a low pressure heating plant capable of developing more than 2000 kW (200 boiler horsepower); (e) Fifth Class Plant: a low pressure heating plant that develops not more than 2000 kW (200 boiler horsepower); (f) Special Boiler Class Plant: a high pressure steam plant that develops more than 50 kW (five boiler horsepower) but not more than 250 Kw (25 boiler horse power); (g) Refrigeration Class Plant: a refrigeration plant used for compressing a refrigerant where the safety valves are set to relieve at a pressure of 103 kPa (15 psi) or more, and a capacity of 875 kW (87.5 boiler horsepower) or less; (h) Steam Traction Engine Class Plant: a steam traction engine, utilizing for its motive power steam developed from a boiler that is an integral part of the unit. 3(2) For purposes of classification under subsection (1), the capacity of a plant does not include a non-operating boiler or pressure plant or refrigeration plant that is (a) isolated from the main plant by a blank flange or isolating switch; and (b) is used only for standby purposes. 3(3) Where a blank flange or isolating switch on a boiler in a plant is to be removed, and the removal affects the classification of the plant, the engineer in charge of the plant shall immediately notify the minister. 3(4) The pressure of a standby boiler shall not exceed 103 kPa (15 psi) and a control or method of control approved by the minister shall be used to limit the pressure for purposes of change over. 3(5) Subject to subsections (2) to (4), for the purpose of rating a plant to determine its classification (a) where all power used is generated from steam, the capacity of all boilers in the plant shall be included in the rating; (b) where part of the power used is generated from steam and the remainder from electric or other power from an outside source, the aggregate capacity of all boilers that operate subject to a pressure of 103 kPa (15 psi) or more, and the equivalent capacity of the motors driving the pressure imposing elements, shall be included in the rating; (c) in a refrigeration plant, (i) the manufacturer's stamped rating shall be used, or (ii) the equivalent capacity of the motors driving the pressure imposing elements shall be used in the rating; (d) in an air pressure plant where all power is brought in from an outside source, the equivalent capacity of all the motors driving the pressure imposing elements shall be included. 3(6) For the purpose of classifying a plant that exists on the day this regulation comes into force in terms of kilowatts (kW), the boiler horsepower rating shall be multiplied by 10. Classes of certificates 4(1) Certificates shall be of eight classes, corresponding respectively to the eight classes of plants set out in subsection 3(1), and a certificate of any class authorizes the holder thereof to operate any plant or class of plant specified in section 5 for that class of certificate, and to perform therein any function and duty authorized or required by that section. 4(2) In addition to the classes of certificates for which provision is made in subsection (1), there shall be (a) an Ice Facility Operator Class of certificate; (a.1) a Special Qualification Class of certificate; and (b) an Endorsed Qualification Class of certificate. M.R. 9/2025 Certificate authority 5(1) A person holding a First Class Certificate may act as chief engineer or shift engineer in any plant or class of plant. 5(2) A person holding a Second Class Certificate may act as (a) chief engineer in a Second Class Plant; or (b) shift engineer in any plant or class of plant. 5(3) A person holding a Third Class Certificate may act as (a) chief engineer in a Third Class Plant; (b) as shift engineer in a Second Class Plant; or (c) assistant shift engineer in a First Class Plant. 5(4) A person holding a Fourth Class Certificate may (a) act as chief engineer in a Fourth Class Plant; (b) act as shift engineer in a Third Class Plant; (c) act as assistant shift engineer in a Second Class Plant; or (d) act as chief engineer in a Refrigeration Class Plant. 5(5) A person holding a Fifth Class Certificate may (a) be in charge of the operation of a Fifth Class Plant; (b) act as shift engineer in a Fourth Class Plant; or (c) act as shift engineer in a Refrigeration Class Plant. 5(6) A person holding a Special Boiler Operator Class Certificate may (a) be in charge of the operation of a Special Boiler Class Plant; or (b) act as shift engineer in a Fourth Class Plant. 5(7) A person holding a Refrigeration Class Certificate may act as chief engineer in a Refrigeration Class Plant. 5(8) A person holding a Steam Traction Engine Class Certificate may act as operator of a Steam Traction Engine Class Plant. 5(8.1) A person holding an Ice Facility Operator Class Certificate may act as shift engineer in an ice facility plant. 5(9) A person holding a Special Qualification Class Certificate may (a) operate any plant or class of plant specified in the certificate, except a plant or class of plant set out in subsections (1) to (8.1); and (b) perform in any plant or class of plant any function that is specified in the certificate, except a function set out in subsections (1) to (8.1). 5(10) A person holding an Endorsed Qualification Class Certificate may, during the period specified in the certificate and only within the plant in which the person is employed, perform any function the certificate authorizes the person to perform, as if the person has fulfilled the experience requirements for the certificate. M.R. 9/2025 Supervision requirements 6(1) Subject to subsection (2) and except as otherwise permitted by the Act or this regulation, a plant as classified in subsection 3(1) shall not operate unless a power engineer of the required class for the plant is present and on duty in the operating area. 6(2) While supervising a plant, a power engineer may not leave the operating area for more than twenty minutes at a time. 6(3) The operation of a First, Second, Third, Fourth or Refrigeration Class Plant shall be under the supervision of a chief engineer holding a certificate of a class not lower than is required under this regulation for the operation of the plant. 6(4) The operation of a plant during each shift shall be under the constant supervision of a shift engineer, or the chief engineer of the plant who may act as shift engineer; and the shift engineer shall hold a certificate of a class not more than one class below that required to be held by the chief engineer for the plant. 6(4.1) For the purpose of an ice facility plant, an Ice Facility Operator Class Certificate is one class below a Refrigeration Class Certificate. 6(5) Where an explosion or other accident occurs in a plant, the chief engineer of the plant shall immediately report or cause to be reported to the minister, the explosion or accident and any damage to the plant or injury to persons. 6(6) A shift engineer in charge of a plant that is controlled through a central control station shall test the automatic safety controls at least once each day the plant is in operation. 6(7) A shift engineer in charge of a plant shall maintain a written log showing, for each day of operation (a) each check of the plant carried out by him or her and the time and date thereof; (b) the results of any tests of automatic safety controls; (c) any abnormal condition in the plant, and the time and date when it is first observed; and (d) any order given respecting the operation of the plant and the time and date thereof; and the entries for each shift shall be signed by the shift engineer. 6(8) The owner of a plant shall ensure that current copies of The Steam and Pressure Plants Act and The Power Engineers Act , and regulations made under both Acts, are kept with the written log. 6(9) Where an apparently unsafe condition arises in a plant, the power engineer in charge of the plant at the time shall (a) where the unsafe condition is an emergency, take immediate steps to rectify it; (b) make and maintain a written record of the occurrence of the unsafe condition and of any step taken to rectify it; and (c) where the unsafe condition is not rectified within a reasonable time, notify the minister of the unsafe condition. M.R. 9/2025 Exemption re constant supervision 7(1) Where a refrigeration plant or an air compressor plant is equipped with a full set of automatic safety controls and (a) the owner of the plant certifies in writing to the minister that the plant and each safety control is checked every day of operation by a power engineer of the class required under this regulation; and (b) the safety devices are tested by a power engineer of the class required under this regulation at a frequency set out in the authorization; the minister may in writing authorize the operation of the plant without constant supervision for a period not exceeding 24 hours immediately following each complete check of the operating controls, but only while the building in which the plant is located is unoccupied. 7(2) Where a plant referred to in subsection (1) is an approved guarded status plant and is equipped with an approved visual read-out system, the owner may apply to the minister for an extension to the period set out in subsection (1) and where the minister is satisfied that (a) a weekly test of the safety devices is made by a power engineer of the class required under this regulation; and (b) the building in which the plant is located is unoccupied during any period in which the plant is unattended; the minister may in writing authorize the operation of the plant without constant supervision for such times or periods of time as shall be specified in the authorization. 7(3) Where a refrigeration plant or an air compressor plant is not equipped as referred to in subsections (1) or (2), the plant shall be under the constant supervision of a certified power engineer of the class required under this regulation at all times during operation. 7(4) Where a refrigeration plant or an air compressor plant is equipped as referred to in subsections (1) and (2) and is located in an occupied building, the operation of the plant shall be under plant supervision by a power engineer of the class required under this regulation. 7(5) Where a low pressure steam plant is equipped with a full set of automatic safety controls and the owner of the plant certifies in writing to the minister that (a) the plant and each safety device is tested every day of operation by a power engineer of the class required under this regulation; (b) the particulars of the test and results are recorded in a log; and (c) the plant and safety devices are maintained in good working order; the minister may in writing authorize the operation of the plant without constant supervision for periods not exceeding 24 hours. 7(6) Where a plant referred to in subsection (5) is an approved guarded status plant and is equipped with an approved visual read-out system, the owner may apply to the minister for an extension to the unattended period and where the minister, is satisfied that (a) each safety device is tested by a power engineer of the class required under this regulation; and (b) the building in which the plant is located is unoccupied during any period the plant is unattended; the minister may in writing authorize the operation of the plant without constant supervision for periods not exceeding 72 hours. 7(7) Where a steam plant operating at a pressure of 103 kPa (15 psi) or greater but not over 1030 kPa (150 psi), with a capacity in excess of 50 kW (five boiler horsepower) but not over 500 kW (50 boiler horsepower), and installed in a building in which no person resides, is equipped with a full set of automatic safety controls and the owner of the plant certifies in writing to the minister that the plant and each safety device is tested every day of operation by a power engineer of the class required under this regulation and is maintained in good working order, and particulars of the tests and the results are recorded in a log, the minister may in writing authorize the operation of the plant without constant supervision. 7(8) Where a plant referred to in subsection (7) is an approved guarded status plant and is equipped with an approved visual read out system, the owner may apply to the minister for an extension to the unattended period and where the minister is satisfied that the building in which the plant is located is an unoccupied building during the period that the plant is left unattended, the minister may, in writing, authorize the operation of the plant without constant supervision for periods not exceeding 72 hours. 7(9) The minister may authorize in writing the operation of one or more guarded status plants in a commercial, residential or public building through a central control station if (a) each plant is equipped with a full set of automatic safety controls as required for guarded status under subsection (1), (2), (5), (6), (7) or (8); (b) the central control station is equipped to allow for the control, by a power engineer of the class required under this regulation, on a 24 hour basis of the systems being monitored; (c) the central control station allows for the visual read-out of the systems being monitored; and (d) the operating procedure of each plant and the control station, together with a written request to operate the control station, are submitted to the minister and are made available for examination by an inspector at each plant. 7(10) In the absence of the chief engineer or shift engineer from a plant, the minister may in writing authorize a power engineer holding a certificate of a class not less than one class below that required under this regulation for the chief engineer or shift engineer of the plant, to act as chief engineer or shift engineer of the plant for such limited period of time as the minister may specify in the authorization. 7(11) Where the classification of a plant is changed, a chief engineer or any shift engineer who has been employed in the plant as a power engineer for a period of not less than 12 months immediately preceding the change may apply to the minister for an Endorsed Qualification Class Certificate that is not more than one class higher than the certificate currently held by the chief engineer or shift engineer and, where such an Endorsed Qualification Class Certificate is issued, it shall be valid only for the plant and for such period of time as may be specified in the certificate. 7(12) Where a Special Qualification Class Certificate is issued under subsection 5(9), the certificate is valid for a period not exceeding 12 months in the plant specified in the certificate. Qualification of applicants 8(1) To obtain a certificate a person must demonstrate to the satisfaction of the minister that he or she meets the requirements for the class of certificate, as set out in Schedule A. 8(2) An applicant who fails to successfully complete an examination may not re-write that examination within 90 days after writing the previous examination, unless the minister otherwise permits. 8(3) If an applicant fails to successfully complete an examination on three attempts, the minister may require the applicant to prove further knowledge or experience before the applicant is eligible for re-examination. M.R. 133/2015 Person authorized in another Canadian jurisdiction 8.1(1) Despite any other provision of this regulation, a person is entitled to a certificate referred to in the Act or in this regulation if the person (a) submits a completed application form; (b) pays the applicable fees as set out in Schedule B; (c) holds a certificate, registration, licence or other form of official recognition issued by a regulatory authority in another Canadian jurisdiction that, in the minister's opinion, authorizes the person to operate a plant or the class of plant that is substantially the same as the holder of that type of certificate issued under the Act or this regulation is authorized to operate; and (d) provides evidence satisfactory to the minister that the person who holds the certificate, registration, licence or other form of official recognition referred to in clause (c) is in good standing with the issuing regulatory authority. 8.1(2) In this section, "regulatory authority in another Canadian jurisdiction" means a person or other body, whether or not a governmental entity, that has been granted authority under an Act of another Canadian jurisdiction to authorize persons to operate a plant. M.R. 227/2009 ; 133/2015 Proofs 9 The following proof shall be submitted in support of an application for a certificate: (a) where the applicant holds a certificate or foreign certificate, a certified copy of the certificate or foreign certificate; and (b) where the applicant claims to have experience required under the regulation, a letter of verification from each employer in whose employ the experience was obtained. Certificates 10(1) A certificate issued under this regulation is valid for the period of time shown on it. 10(2) A person who holds a valid certificate issued under this regulation but who is not employed as a power engineer in Manitoba owing to retirement or illness or to residence outside the province, may renew the certificate every four years on payment of 25% of the renewal fee set out in section 3 of Schedule B. 10(3) Notwithstanding the period of validity shown on a certificate renewed under subsection (2), where the person becomes employed during that period as a power engineer in Manitoba on a permanent, temporary, full-time or part-time basis, the certificate expires as follows: (a) if less than 12 months have elapsed between the day the certificate is renewed under subsection (2) and the day the employment commences, 12 months after the day the certificate is renewed; (b) if more than 12 months have elapsed between the day the certificate is renewed under subsection (2) and the day the employment commences, on the day the employment commences. 10(4) Subject to subsection (5), a person who fails to renew a certificate under this regulation for a period of not more than four years after the day the certificate expires may renew it by paying the fees that are payable under Schedule B to renew the certificate (a) from the day the certificate expired to the day of the application for renewal; and (b) from the day of the application. 10(5) Subject to subsection (2), where a person fails to renew a certificate for a period of more than four consecutive years after the certificate expires, the certificate shall not be renewed unless the person (a) passes an examination, and pays the applicable fees; or (b) satisfies the minister that he or she has been continuously employed as a power engineer at the level of the certificate since the certificate expired and pays the renewal fee and an amount equal to twice the amount of the renewal fee that is otherwise payable for the period of time that has elapsed since the certificate expired. M.R. 157/94; 133/2015 Fees 11(1) The fees payable under the Act shall be as set out in Schedule B, and shall be paid by an applicant at the time an application is made. 11(2) Where an applicant for a certificate fails to appear for an examination at a time and place prescribed by the minister, the minister may order that any fee paid in respect of the examination be forfeited. M.R. 133/2015 Repeal 12 The Power Engineers Regulation , Manitoba Regulation 107/87 R, is repealed. --> SCHEDULE A (Section 8) SCHEDULE B (Section 11) Schedule of Fees Fee for examination or re-examination 1 The fee for an examination, or for each re-examination under subsection 8(2), for a certificate referred to in subsections 5(2) to (8.1) is $60. for each paper that is a part of the examination or re-examination. M.R. 157/94; 99/98; 106/2005 ; 227/2009 ; 9/2025 Fee for issue or renewal of certain certificates 2 Subject to section 3, the fee for the issue or renewal of a certificate referred to in subsections 5(2) to (8.1), valid for a period of not more than four years, is $160. M.R. 157/94; 99/98; 117/2003 ; 93/2012 ; 9/2025 Fees based on period of validity 3 The fee for the issue or renewal of a certificate referred to in section 2 is based on the period of time for which the certificate is to be valid, as follows: (a) one year or less: Certificate without examination 4 The fee for a certificate that is not a renewal certificate and that is issued without an examination is the same as the fee for the issue or renewal of that class of certificate. M.R. 157/94 Special Qualification Class Certificate 5 The fee for the issue of each Special Qualification Class Certificate is $60. M.R. 157/94; 117/2003 Fees for appeal, duplicate copies 6 The following fees apply: (a) for an appeal of the result of an examination or re-examination: