Technical Safety Regulation

Technical Safety Regulation, M.R. 74/2025 The Technical Safety Act , C.C.S.M. c. T35 Regulation 74/2025 Registered September 12, 2025 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Regulated work must conform with codes 3 Regulated equipment must conform with applicable code or standard 4 Performance of work on regulated equipment 5 Application 6 Applications for a variance 7 Use of seals 8 No tampering with seals 9 Reporting of dangerous incidents 10 Content and timing of reports 11 When report not required 12 Grounds for director's decisions 13 Suspensions and reinstatement 14 Secretary 15 Notice of appeal 16 Disclosure 17 Hearing date 18 Form of hearing 19 Conduct of hearing 20 Representatives 21 Hearing may be recorded 22 Adjournment 23 Absence of party 24 Proceeding not invalidated 25 Provision for which administrative penalty may be issued 26 Administrative penalty amounts 27 Form for notice of administrative penalty 28 Coming into force Schedule A Fees B Amusement Rides C Elevating Devices D Notice of Administrative Penalty DEFINITIONS Definitions 1 The following definitions apply in this regulation. "Act" means The Technical Safety Act . («  Loi  ») "amusement ride" means a device that is prescribed to be regulated equipment in section 1 of Schedule B. (« manège ») "amusement ride operator" means the person having direct control of the starting, stopping or speed of an amusement ride. (« exploitant de manège ») "appellant" means a person who files a notice of appeal under subsection 47(2) or 72(2) of the Act. (« appelant ») "applicable code or standard" means, in the case of  (a) an amusement ride, a code or standard adopted under section 2 of Schedule B; and (b) an elevating device, a code or standard adopted under section 2 of Schedule C. (« code ou norme applicable ») "building code" means the most recent version of the Manitoba Building Code made under The Buildings Act . («  Code du bâtiment  ») "certificate" means an authorization certificate that has been issued for a quality assurance program. (« certificat ») "dwelling unit" means a dwelling unit as defined in the building code, other than a unit in a building of home-type care occupancy as defined in the building code. (« logement ») "elevating device" means an elevating device that is prescribed to be regulated equipment in section 1 of Schedule C. (« appareil élévateur ») "licence" means a regulated work licence. (Version anglaise seulement) "permit" means an installation permit and an operating permit. (Version anglaise seulement) "prescribed fee" means the fee prescribed in Schedule A. (« droit réglementaire ») "regulated equipment" means the following: (a) an amusement ride; (b) an elevating device. (« matériel réglementé ») "regulated work" means, in the case of (a) amusement rides, work within the scope of section 3 of Schedule B; and (b) elevating devices, work within the scope of section 4 of Schedule C. (« travail réglementé ») "Schedule" means a Schedule to this regulation. (« annexe ») CODES AND STANDARDS Regulated work must conform with codes 2 Regulated work for which a licence is required must conform to the applicable code or standard. Regulated equipment must conform with applicable code or standard 3 Regulated equipment must conform to the applicable code or standard. Performance of work on regulated equipment 4 In addition to complying with section 16 of the Act, the owner of regulated equipment must ensure that, when the owner or an employee of the owner performs regulated work on the regulated equipment, the work conforms to the applicable code or standard and the manufacturer's specifications or recommendations, if applicable. Application 5 If a provision of an applicable code or standard is inconsistent with a provision of this regulation, the provision of this regulation prevails. VARIANCES Applications for a variance 6 A person applying for a variance must apply in a form approved by the director and must provide the following: (a) the prescribed fee; (b) as applicable, (i) the requirement for which the person seeks to substitute a method of compliance, (ii) the requirement from which the person seeks to deviate, (iii) the use, other than the standard use, of the regulated equipment being proposed by the person, and (iv) design drawings for the substituted method of compliance prepared, signed and sealed by a professional engineer as defined in section 1 of The Engineering and Geoscientific Professions Act ; (c) an explanation of the reason or reasons the person requires the variance; (d) an explanation of how the requested variance will result in the same or greater level of technical safety. SEALS Use of seals 7(1) An inspector who issues an order under section 69 of the Act may seal regulated equipment if they are satisfied that there is or may be a demonstrable threat to public safety in its continued use or operation. 7(2) A person must not use or operate regulated equipment that has been sealed by an inspector, except to the extent necessary to comply with the order made in respect of the equipment. 7(3) An inspector may remove a seal, or consent to its removal, if they are satisfied that a potential danger has been averted or corrected, and that all provisions of the Act and this regulation are being complied with. No tampering with seals 8(1) A person must not (a) deface or tamper with a seal that has been placed on regulated equipment under section 7; or (b) remove, interfere with or change a seal without the prior approval of the director or an inspector. 8(2) A person who contravenes or fails to comply with subsection (1) is guilty of an offence. REPORTING DANGEROUS INCIDENTS AND TECHNICAL SAFETY RISKS Reporting of dangerous incidents 9 An event involving the failure of a safety feature of regulated equipment or of safety equipment used in the performance of regulated work that causes, or has the potential to cause, the death of a person or property damage is a dangerous incident which must be reported under subsection 25(2) of the Act. Content and timing of reports 10(1) A person must provide the following information to the director or the director's designate when reporting a dangerous incident or technical safety risk, as required under section 25 of the Act: (a) the full name of the individual reporting the event; (b) the title of the individual reporting the event; (c) the contact information for the individual reporting the event; (d) the date, approximate time and the location of the event, including the municipal address of the location if the location has been assigned a municipal address; (e) a description of the event; (f) the extent of any injury or damage caused by the event. 10(2) A person who is required to report a dangerous incident or technical safety risk under section 25 of the Act must make the report as soon as reasonably practicable after the event occurs or the risk is created. When report not required 11 Despite section 25 of the Act and the provisions of this regulation, a person is not required to report a dangerous incident or technical safety risk if the person is obligated to report the event or risk under the following, and the person complies with the obligation: (a) sections 2.6 to 2.9 (notice of serious incident) of the Workplace Safety and Health Regulation , Manitoba Regulation 217/2006; (b) section 3 of the Environmental Accident Reporting Regulation , Manitoba Regulation 439/87. DECISIONS CONCERNING PERMITS, LICENCES AND CERTIFICATES Grounds for director's decisions 12(1) The director may make a decision under subsection 45(1) of the Act (suspend, cancel, refuse to issue or refuse to renew a permit, licence or certificate) if the director is reasonably satisfied that (a) the permit, licence or certificate was issued in error; (b) the applicant or holder provided false, misleading or incomplete information when applying for the permit, licence or certificate; (c) the applicant or holder violated the rules respecting any required examination; (d) the applicant or holder will not carry out the activities permitted under the permit, licence or certificate safely and in accordance with all applicable enactments; (e) the holder has permitted an unauthorized person to carry out activities for which a licence or authorization is required; (f) in the case of a permit, the holder has (i) contravened a term or condition imposed under clause 32(b) of the Act, or (ii) failed to comply with the Act or an order of the director or an inspector; (g) in the case of a licence, the holder has (i) contravened a term or condition imposed under clause 39(b) of the Act, or (ii) failed to comply with the Act or an order of the director or an inspector; or (h) in the case of a certificate, the holder has failed to comply with the applicable quality assurance program, the Act or an order of the director or an inspector. 12(2) In considering if an applicant for the renewal of a licence reasonably meets the requirements of clause (1)⁠(d), the director must consider (a) the degree to which the applicant has been regularly performing the work authorized under the licence within the four-year period immediately preceding the application; and (b) in the case of a person who has not regularly performed such work, the extent to which the applicant has (i) participated in other related activities that are acceptable to the director, (ii) completed one or more related training courses acceptable to the director, or (iii) undertaken any other actions specified by the director. 12(3) The director may disqualify a person from applying or reapplying for, or holding, a licence for a period of one year if reasonably satisfied that the person provided false or misleading information in an application or violated the rules respecting a required examination. Suspensions and reinstatement 13(1) In the notice of decision to suspend a holder's licence, the director must include (a) the duration of the suspension, if the suspension is time-limited; and (b) the terms and conditions, if any, with which the holder must comply to have the suspension revoked and the manner and form of compliance. 13(2) The suspension of a holder's licence remains in effect until the earlier of the following: (a) in the case of a time-limited suspension, the day the suspension period expires; (b) in the case of the holder being required to comply with a term or condition, the day the holder satisfies the director that the holder has complied; (c) the day the suspension is varied or revoked as a result of a reconsideration under subsection 46(4) or an appeal under section 47 of the Act. APPEALS Secretary 14 The minister may designate an employee of the government who is under the administration of the minister to act as secretary to an appeal board for the purpose of administering appeals. Notice of appeal 15 An appellant must include the following in the notice of appeal: (a) their name and address; (b) a copy of the decision of the director that the appellant wishes to appeal; (c) concisely stated reasons for the appeal. Disclosure 16(1) The secretary must provide a copy of a notice of appeal to the director, who must then promptly give the secretary (a) the information on which the director made the decision being appealed; and (b) any other information the director thinks might be relevant to the appeal. 16(2) The secretary must (a) forward a copy of the information received from the director to the members of the appeal board; and (b) give the appellant a reasonable opportunity to examine and copy that information. Hearing date 17 On receiving a notice of appeal, the appeal board must (a) set a time, date and place for an appeal hearing; and (b) give written notice of the hearing to each party by delivering or mailing the notice at least 10 days before the date of the hearing. Form of hearing 18(1) An appeal may be conducted in person or by videoconference or teleconference, as determined by the appeal board. 18(2) Despite subsection (1), with the consent of the parties to an appeal, the consideration of the appeal may be conducted without an oral hearing. 18(3) If an appeal is conducted without an oral hearing, all matters concerning the appeal must be submitted to the appeal board in writing, or as otherwise directed by the appeal board, within 30 days after the parties provide their consent under subsection (2). On request, the appeal board may extend the 30-day period. Conduct of hearing 19 The appeal board is not bound by the rules of evidence that apply to judicial proceedings. Representatives 20 A party to an appeal may request that another person communicate with the appeal board on the party's behalf, and that person may be present with the party at the appeal hearing. Hearing may be recorded 21 On the request in writing of a party or on its own initiative, the appeal board may direct that a hearing be recorded. Adjournment 22 The appeal board may adjourn a hearing for such time, to such place and upon such terms as it sees fit. Absence of party 23 If a party to an appeal fails to appear in person or by lawyer or other advocate within one hour from the time set out in the notice given under clause 17(b), the appeal may be dismissed or the hearing conducted and determined in that person's absence as the appeal board considers proper in the circumstances. Proceeding not invalidated 24 No appeal is invalid by reason only of a defect in form, a technical irregularity or a lack of formality. ADMINISTRATIVE PENALTIES Provision for which administrative penalty may be issued 25 A notice of administrative penalty may be issued under section 74 of the Act if a person fails to comply with the following provisions of the Act: (a) subsection 9(1) (installation without permit); (b) subsection 9(2) (operating without permit); (c) subsection 11(1) (use in contravention of order); (d) section 12 (performing regulated work contrary to Act); (e) section 13 (performing regulated work without licence); (f) section 14 (performing regulated work without authorization certificate); (g) section 15 (employing persons without licence or other authorization); (h) section 19 (selling, leasing, etc., of prohibited equipment); (i) section 20 (selling, leasing, etc., by vendor); (j) section 24 (proceeding with or concealing work before inspection); (k) section 25 (duty to report technical safety risk or dangerous incident); (l) section 33 (contravening terms or conditions of operating permit); (m) section 41 (licence holder performing work outside scope of licence); (n) subsection 50(1) (failure to comply with terms and conditions of a variance); (o) subsection 70(1) (failure to comply with an order). Administrative penalty amounts 26 The amount of an administrative penalty to be imposed on a person is as follows: (a) first contravention Form for notice of administrative penalty 27 A notice of administrative penalty must be in the form provided in Schedule D. COMING INTO FORCE Coming into force 28 This regulation comes into force on the same day that clauses 2(1)⁠(a) and (e) of The Technical Safety Act , S.M. 2015, c. 17, come into force. SCHEDULE A (Section 1) SCHEDULE B (Sections 2 and 3) SCHEDULE C (Sections 2 and 3) SCHEDULE D Notice of Administrative Penalty