Electricians Licensing Regulation

Electricians Licensing Regulation, M.R. 186/87 R The Electricians' Licence Act , C.C.S.M. c. E50 Regulation 186/87 R Registered May 25, 1987 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Qualifications of applicants for licences 3 Recognizing licences of other jurisdictions 4 Electrical safety 5 Mininum safety standards 6 Applications for examinations 7 False statements 8 Failure to pass 9 Eligibility for re-examination 10 Licence expiry date 11 Failure to renew licence 12 Absence from trade 13 Appeal to minister 14 Suspension of licence 15 Examination fee 16 Repealed 16.1 Licence fees 17 Fee for installation inspection 17.1 Minister may approve inspection services 18 Minister may approve electrical equipment 19 Repealed 20 Waiver of fees Schedule Definitions 1 In this regulation, "Act" means The Electricians' Licence Act ; («  Loi ») "approved electrical equipment" means electrical equipment that is approved (a) by, and listed or labelled under the inspection service of, (i) an organization accredited by the Standards Council of Canada for the approval of electrical equipment, or (ii) an organization approved by the minister under section 17.1; or (b) by the minister under subsection 18(1); (« matériel électrique approuvé ») "board" means the board of examiners appointed pursuant to section 6 of the Act; (« Commission ») "chief inspector" means the person designated by the minister as the chief inspector for purposes of the Act and the regulations; (« inspecteur en chef ») "code" means the Manitoba Electrical Code adopted and constituted as a regulation under subsection 28(2) of The Manitoba Hydro Act but does not include section 0 or section 2 of Schedule A of that code; (« code ») "instrument" means a tester or meter or any electrical device designed to be connected electrically, mechanically or magnetically to electrical equipment for the purpose of measuring electrical characteristics or establishing the existence of electrical potential; (« instrument ») "minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of the Act; (« ministre ») "regulation" means a regulation under the Act. (« règlement ») M.R. 144/94; 195/2005 Qualifications of applicants for licences 2(1) In order to be issued a journeyperson electrician's licence, a person must (a) under The Apprenticeship and Trades Qualifications Act , hold a valid certificate of qualification issued in respect of one of the following trades: (i) Trade of Construction Electrician, (ii) Trade of Industrial Electrician, (iii) Trade of Power Electrician; or (b) satisfy the board that he or she has equivalent training and practical experience to that of a person who is issued a certificate of qualification in a trade described in clause (a). 2(2) In order to be issued a limited specialized trade electrician's licence listed in the Schedule, a person must pass the examination set by the board and satisfy the board that he or she (a) has been employed in the listed trade for at least two years and has completed at least 3,600 hours of related practical experience; or (b) has completed a shorter period of employment and related practical experience that, in respect of the applicable listed trade, is acceptable to the board. 2(3) In order to be issued a journeyperson electrician's temporary licence, (a) a person must hold a valid licence issued by a recognized licensing authority outside Manitoba; and (b) the board must be satisfied that the requirements for obtaining that licence are equivalent to or greater than those for obtaining a journeyperson electrician's licence. M.R. 195/2005 Recognizing licences of other jurisdictions 3 Notwithstanding section 2, the minister may, on the recommendation of the board, issue a licence to a person who holds a licence of a similar type issued by any other province or by any other recognized licensing authority. Electrical safety 4(1) Except for the purpose of undertaking testing, troubleshooting or adjusting work on electrical equipment in accordance with subsection (3), no person performing electrical work shall commence to remove insulation from conductors or to remove covers or access plates from compartments, boxes, panels or cabinets containing exposed and live electrical current-carrying parts or apparatus, unless the electrical equipment has been effectively de-energized. 4(2) Except as permitted for purposes of subsection (3), no person shall cause the current-carrying parts to electrical equipment to be energized unless all insulation, covers, access plates and panels have been reassembled in place as intended for permanent operation. 4(3) No person undertaking testing, troubleshooting or adjusting work on electrical equipment shall connect, attach or affix an instrument or instrument lead or probe to electrical equipment which is energized except where provision has been made for the safe application of the testing, troubleshooting or adjusting equipment. M.R. 195/2005 Minimum safety standards 5 Subject to any conditions set out in a permit, the standards set forth in the code are adopted as minimum standards for electrical work and the testing of electrical equipment. Applications for examinations 6 Every person desiring to take an examination for a licence shall (a) apply in writing to the Mechanical and Engineering Branch of the Department of Labour and Immigration on a form supplied by the minister; (b) submit with the application (i) references from the employer or employers in whose service the applicant has acquired the experience required by this regulation to qualify the applicant for the examination, and (ii) such other proof of qualifications or experience as may be required by the board; and (c) pay the prescribed fee. M.R. 195/2005 False statements 7(1) Where any false or misleading statement is made in an application, or in a reference or other evidence of qualification submitted by or on behalf of an applicant, the board may disqualify the applicant from writing any examination for a period not exceeding 90 days. 7(2) Where the discovery of a false or misleading statement is made after a licence has been issued, the minister, in his or her absolute discretion, may cancel or suspend the licence for a specified period, or until the person to whom it was issued fulfills conditions imposed by the minister. Failure to pass 8 An applicant who fails to pass an examination may not re-write that examination within 90 days after writing the previous examination. Eligibility for re-examination 9 Where an applicant fails to pass an examination on two or more occasions, the applicant shall satisfy the board that he or she has obtained further knowledge or experience before the applicant is eligible for re-examination. Licence expiry date 10 A licence is valid until it expires, and its expiry date must be shown on the face of the licence. M.R. 195/2005 Failure to renew licence 11 Where a person fails to renew a licence for a period of four or more years after the date of expiry shown on the licence last issued, the person shall (a) pass a new examination; or (b) satisfy the board that he or she has been continuously occupied as an electrician during the period, and pay the applicable licence renewal fees for the period during which the person failed to renew the licence; before a licence is issued to the person. Absence from trade 12 Where a person has been absent from the trade for a period of 10 or more years, a licence shall not be issued to that person unless the person passes a new examination. Appeal to minister 13 An applicant may, in writing, appeal to the minister against a decision of the board, setting out (a) the applicant's full name and address; (b) particulars of the board's decision appealed from; and (c) the grounds of complaint and appeal. Suspension of licence 14(1) Where, after holding a hearing, at which the licensee has the right to attend to cross-examine witnesses, and to submit evidence on his or her own behalf, either by himself or herself or by counsel, the board is satisfied that the licensee has failed (a) to conform to the Act or this regulation, or regulations made under The Manitoba Hydro Act , or to by-laws of The City of Winnipeg, or any applicable municipal by-law relating to the work of an electrician; (b) to comply with the requirements of approved and applicable codes or rules, subject to any changes therein, deletions therefrom, or additions thereto, made by the minister; (c) to comply with the requirements of a permit issued by any authority having jurisdiction for any electrical work; (d) to rectify defective installations or electrical equipment pursuant to written notification issued by any authority described in section 8 of the Act; or (e) to pay any fee properly chargeable under this regulation, or a regulation or by-law mentioned in clause (a); the board may, (f) suspend the licence of the licensee; or (g) recommend to the minister that the licence of the licensee be amended, cancelled, suspended or varied. 14(2) The suspension of a licence made under clause 1(f) expires after 30 days have elapsed unless the minister, before the expiration of that period, confirms the suspension or cancels the licence. 14(3) Where a licence is suspended under subsection (1), or where the minister receives a recommendation of the board under subsection (1), the minister may confirm the suspension, or amend, cancel or vary the licence, as the case requires. 14(4) On the recommendation of the board, the minister may reinstate a licence that has been suspended for an unstated period or cancelled. 14(5) A licence suspended for a stated period returns to full force and effect after the stated period has expired. Examination fee 15(1) The fee for an examination is $60. 15(2) [Repealed] M.R. 116/2005 M.R. 393/88; 116/2005 ; 195/2005 ; 146/2009 16 [Repealed] M.R. 393/88; 76/95; 198/2004 Licence fees 16.1(1) Subject to subsection (4), the fee for (a) issuing or renewing an electrician's licence referred to in section 2 for a period of not more than four years is $160; and (b) renewing a limited construction electrician's licence or a limited maintenance electrician's licence for a period of not more than four years is $160. 16.1(2) and (3) [Repealed] M.R. 195/2005 16.1(4) The fee for issuing or renewing a licence referred to in subsection (1) for less than four years is as follows: (a) one year or less: $40; (b) more than one year but not more than two years: $80; (c) more than two years but not more than three years: $120; (d) more than three years but not more than four years: $160. 16.1(5) Where a licence has been lost or destroyed, a duplicate copy of the licence may be issued on payment of a fee of $15. 16.1(6) This section applies to licences that are valid on or after January 1, 2005. M.R. 198/2004 ; 195/2005 ; 91/2012 Fee for installation inspection 17 Except as otherwise provided herein, where an electrical installation is inspected, the fee charged for that inspection shall be $100 per hour, or part thereof, plus travelling expenses, if any. M.R. 393/88; 181/2013 Minister may approve inspection services 17.1 For the purpose of this regulation, the minister may approve the inspection service of an organization if the minister is satisfied with the standards of inspection of the organization. M.R. 144/94 Minister may approve electrical equipment 18(1) The minister may approve electrical equipment for the purpose of this regulation. 18(2) The fee for an inspection of electrical equipment that is not otherwise approved, for the purpose of requesting that the equipment be approved by the minister, is as follows: (a) $215 for the inspection of one item and $70 for each additional similar item inspected at the same location and time; (b) $170. per hour where, in the opinion of the chief inspector, the fees set out in clause (a) do not apply. M.R. 393/88; 144/94; 203/96; 137/2002 ; 195/2005 ; 146/2009 ; 181/2013 19 [Repealed] M.R. 393/88; 195/2005 Waiver of fees 20 The chief inspector may waive the whole of or part of the fees for which provision is made in section 18 where, in the opinion of the chief inspector, such a waiver is warranted. M.R. 195/2005 SCHEDULE (Section 2) The limited specialized trade electrician's licence that may be issued are as follows: Alarm Installers Appliance Electric Sign Electronic Electronic Equipment — Radio and Television Elevator Deep Well Pump Generator Instrument Mechanic Miscellaneous Motor Winder Non-Energized Trench Cables Power Line Recreational Vehicle Refrigeration Technician and Technologist Voice Data Video M.R. 195/2005 ; 146/2009