The Electricians' Licence Act

The Electricians' Licence Act, C.C.S.M. c. E50 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Application of Act 3 Domestic work 4 General restriction on doing electrical work 4.1 Restriction re apprentices 4.2 Supervision ratios: Apprenticeship and Certification Act 4.3 Eligibility for a licence 5 Licences 5.1 Renewal of limited construction and limited maintenance electrician's licence 6 Board of examiners 7 Issue of permits 8 Delegation of authority to municipality 9 Exclusion of municipality from s.7 10 Inspectors and officers 11 Regulations 12 Revocation, cancellation or suspension 13 Journeyperson's licence 14 Journeypersons' certificates 15 Special licences 16 Employment of unlicensed persons prohibited 16.1 Application of compulsory certification designation 17 Offences and penalty 18 Approved equipment 19 Breach of regulations after notice 20 General penalty HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: Definitions 1 In this Act, "apprentice" means an apprentice as defined in The Apprenticeship and Certification Act ; (« apprenti ») "board" means the board of examiners appointed as herein provided; (« Commission ») "department" means the department of government over which the minister presides and through which this Act is administered; (« ministère ») "designated electrician trade" means a trade that is a designated trade as defined in The Apprenticeship and Certification Act , the tasks, activities and functions of which include performing electrical work; (« métier d'électricien désigné ») "electrical equipment" means any apparatus, appliance, device, instrument, fitting, fixture, machinery, material or thing used in or for, or capable of being used in or for, the generation, transformation, transmission, distribution, supply or utilization of electric power or energy, and, without restricting the generality of the foregoing, includes any assemblage or combination of materials or things that is used, or is capable of being used or adapted, to serve or perform any particular purpose or function when connected to an electrical installation, notwithstanding that the material or things may be mechanical, metallic or non-electric in origin; (« matériel électrique ») "electrical work" means work in connection with the placing, installing, maintaining, repairing, replacing, or removing of any electrical equipment, and includes such work done on conduits of any description designed or used for the purpose of enclosing or carrying electrical conductors independent of the characteristics of the current, and on any conductors or electrical equipment designed or used for the purpose of supplying any electrical service or for any purpose in connection with such electrical service; (« travaux électriques ») "inspector" means a person appointed as an inspector or officer under this Act; (« inspecteur ») "journeyperson" means a person who holds a valid and subsisting journeyperson electrician's licence issued under this Act; (« compagnon électricien ») "licence" means a licence issued under this Act and authorizing the holder to do electrical work of the type, and within the limitations, specified therein; (« permis ») "minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act; (« ministre ») "permit" means a permit issued under section 7; (« licence ») "restricted electrical work" means electrical work on electrical equipment that is not connected to an energy source, fuse, breaker or disconnect. (« travaux électriques restreints ») S.M. 2001, c. 43, s. 38 ; S.M. 2005, c. 11, s. 2 ; S.M. 2009, c. 33, s. 49 . Application of Act 2(1) Subject to The Manitoba Hydro Act and to subsections (2) and (3), this Act applies to all persons who engage in doing any electrical work in the province whether for their own use or for use of others and also applies to all persons engaged in the sale or offering for sale of electrical equipment. Exception 2(2) This Act does not apply to employees of public service corporations or a department of a municipality responsible for the generation or distribution of electricity who do electrical work only under the supervision of officers of the corporation or department (a) within a plant, sub-station or other place where electricity is generated, transformed, or distributed by the corporation or department; (b) upon a part of the system of distribution of the corporation or department or upon any electrical equipment owned by the corporation or department notwithstanding that it may be situated in or on the premises of a user of electricity; or (c) of an emergency or special nature including the testing and clearing of all or a part of the circuits on the premises of a user of electricity. Further exceptions 2(3) Subject to subsection (4), this Act does not apply to persons who (a) do not hold themselves out to the public as being electricians or engaged in the trade of an electrician; (b) are primarily engaged in other occupations; and (c) do electrical work only in servicing or repairing radio and television equipment and electrical appliances of a rating not exceeding 1,500 watts or such other wattage as may be prescribed in the regulations as a service for residents of communities outside a city, or any municipality, the council of which has not passed a by-law under subsection (4). Application of subsec. (3) 2(4) A municipality may pass a by-law providing that the exemption from application of this Act contained in subsection (3) does not apply in the municipality. Other work to which Act does not apply 2(5) This Act does not apply to electrical work on public transit vehicles, or on railway cars or locomotives that are the property of municipalities or of public service corporations, and where the work is installed by employees under the direction of officers of the municipalities or public service corporations. Domestic work 3 Nothing in this Act applies to the insertion of tubes or incandescent lamps in sockets or receptacles, or the replacement of such lamps, the carboning, trimming, or operation, of arc lamps, the lawful connection of utilization equipment to supply circuits by means of attachment plugs or the use or operation thereof, or the lawful replacement of fuses controlling circuits or equipment. General restriction on doing electrical work 4(1) Except as provided in this section and sections 2 and 14, no person may do electrical work or restricted electrical work. Persons who may do electrical work 4(2) The following persons may do the electrical work indicated: (a) a person who holds a valid licence may do electrical work of the type, and within the limitations, specified in the licence; (b) a person who has been issued a permit may do electrical work in accordance with the permit and section 7; (c) subject to section 4.1, (i) an apprentice in a designated electrician trade may do electrical work described in the tasks, activities and functions of that trade, and (ii) a person in training to obtain a limited specialized trade electrician's licence may do electrical work with respect to installations directly associated with the trade he or she is regularly employed in. Persons who may do restricted electrical work 4(3) The following persons may perform restricted electrical work: (a) a licensee or permittee; (b) subject to section 4.1, (i) an apprentice in a designated electrician trade, (ii) a person in training to obtain a limited specialized trade electrician's licence, (iii) a person who is a regular employee at a commercial or industrial premises where the work is performed, and (iv) a person who is employed as a miner at an underground mine where the work is performed. S.M. 2005, c. 11, s. 3 . Restriction re apprentices 4.1(1) An apprentice may do electrical work or restricted electrical work only in the presence and under the direct personal supervision of a journeyperson who is continuously employed on the same contract or job as the apprentice. Restriction re persons in training 4.1(2) A person in training may do electrical work or restricted electrical work only in the presence and under the direct personal supervision of a licensee who (a) is licensed to do the electrical work being done by the person in training; and (b) is continuously employed on the same contract or job as the person. Restriction re employees 4.1(3) An employee described in subclause 4(3)⁠(b)⁠(iii) may do restricted electrical work (a) for no more than 10% of the total number of hours he or she works; and (b) only in the presence and under the direct personal supervision of a licensee authorized to do electrical work at the commercial or industrial premises where the work is performed. Restriction re miners 4.1(4) A miner described in subclause 4(3)⁠(b)⁠(iv) may do restricted electrical work only (a) on installations within the mine or its head frame; and (b) in the presence and under the direct personal supervision of a licensee authorized to do electrical work at the mine where the work is being done. S.M. 2005, c. 11, s. 3 . Supervision ratios: Apprenticeship and Certification Act 4.2 For certainty, subsection 4.1(1) does not limit or restrict the ability of the Apprenticeship and Certification Board to prescribe the ratio of apprentices to journeypersons that may be employed by an employer in a designated electrician trade under The Apprenticeship and Certification Act . S.M. 2005, c. 11, s. 3 ; S.M. 2009, c. 33, s. 49 . Eligibility for a licence 4.3 In order to be eligible for a licence, a person must meet the requirements of this Act and the regulations made under this Act. S.M. 2005, c. 11, s. 3 . Licences 5 Subject to the regulations, the minister may, upon payment of the fee prescribed therefor in the regulations, issue (a) a master electrician's licence to an applicant therefor who has (i) held a valid subsisting journeyperson electrician's licence for at least two years preceding his or her application; and (ii) passed the examination prescribed by the board on electrical design and lay-out; authorizing the licensee to do any electrical work; (b) a journeyperson electrician's licence to an applicant therefor authorizing the licensee to do electrical work on, or in connection with, any buildings and electrical installations; (c) to (e) [repealed] S.M. 2005, c. 11, s. 4 ; (f) a limited specialized trade electrician's licence to an applicant therefor who is regularly employed in a trade other than the electrical trade, authorizing the licensee to do electrical work only with respect to installations directly associated with that other trade; (g) [repealed] S.M. 2005, c. 11, s. 4 ; and (h) a licence of a class prescribed in clauses (a) to (f) to an applicant who holds a valid licence, certificate, registration or another form of official recognition issued by a regulatory authority in another Canadian jurisdiction that authorizes the applicant to do substantially the same electrical work as the holder of that class of licence is authorized to do in Manitoba. S.M. 2005, c. 11, s. 4 ; S.M. 2010, c. 8, s. 2 . Renewal of limited construction and limited maintenance electrician's licence 5.1(1) A person who, before January 1, 2006, is issued a limited construction electrician's licence or a limited maintenance electrician's licence may, on payment of the prescribed fee, be issued a renewal of that licence. Work authorized by limited construction licence 5.1(2) A limited construction electrician's licence that is renewed under this section authorizes the holder to do electrical work only on, or in connection with, farm buildings, one-family and two-family residences, and small commercial premises. Work authorized by limited maintenance licence 5.1(3) A limited maintenance electrician's licence that is renewed under this section authorizes the holder to do electrical work only on maintenance or repair of existing electrical installations on premises in which the licensee is regularly employed, but not including an extension of, or addition to, such installations. S.M. 2005, c. 11, s. 5 . Board of examiners 6(1) The Lieutenant Governor in Council may appoint a board of examiners consisting of not less than six members. Membership 6(2) Of the members of the board (a) two members, one of whom shall be appointed as chair and the other as vice-chair, shall be officers of the department; (b) one member shall be a person recommended by Manitoba Hydro; (c) one member shall be a person recommended by the council of The City of Winnipeg; and (d) two members shall be so selected that one of them represents the views of employees and one of them represents the views of employers. Term of office 6(3) Unless he or she sooner resigns or is removed from office and unless a shorter term is fixed by the Lieutenant Governor in Council, each member of the board shall hold office for three years from the date of his or her appointment and thereafter until his or her successor is appointed; but on the expiration of his or her term of office any member may be re-appointed for a further term. Filling of vacancies 6(4) Where a member of the board ceases to be a member prior to the expiration of his or her term of office, any person appointed to fill the vacancy so created, unless he or she sooner resigns or is removed from office and unless a shorter term is fixed by Lieutenant Governor in Council, shall hold office for the remainder of the term of office of the person in whose place he or she is appointed, and thereafter until his or her successor is appointed. Quorum 6(5) Four members of the board shall be a quorum. Voting 6(6) Each member of the board, including the chair, has a vote on any matter with which the board deals; and in the event of a tie the chair has an additional casting vote. Qualification of members 6(7) Each member of the board shall be a person who is conversant in a practical degree with the qualifications necessary to be held by a person holding any type of licence issued under this Act. Board to prescribe and supervise examinations of candidates 6(8) Subject to the regulations, and to the approval of the Lieutenant Governor in Council, the board shall prescribe the subjects in which each candidate for a licence shall be examined, and shall conduct, provide for, and supervise the examinations of candidates or make suitable arrangements for the holding and supervision of such examinations, and report thereon to the minister. Delegation of supervision of examination 6(9) The board may delegate to any suitable person appointed by it authority to conduct and supervise an examination to which reference is made in subsection (8). Committees of the board 6(10) Subject to the approval of the minister, the board may establish a committee to study and make recommendations upon any part of their work or any branch of electrical work, and the minister shall appoint the chair of the committee. S.M. 2005, c. 11, s. 6 . Issue of permits 7(1) The minister may in his or her discretion and subject to the regulations, issue to any person who applies therefor and pays the prescribed fee, if any, a permit in a form prescribed in the regulations to install, repair, alter, or replace electrical wiring, conduits, apparatus, or fixtures or other electrical material or appliances specified in the permit subject to the conditions set forth in subsection (2) and in the permit. Work that permittee may do 7(2) A permittee shall not, under the authority of a permit, do anything to which subsection (1) refers except on premises of which he or she is the owner or, with the owner's approval, on premises of which he or she is the lessee, tenant, or occupant, and in compliance with the regulations and the conditions, if any, to which the permit is subject; and he or she shall not do anything other than as specified in the permit. Notice of completion 7(3) On completion of the installation, repair, alteration, or replacement, of anything by him or her under the authority of a permit, the permittee shall forthwith notify the minister of the completion thereof, and the minister, in his or her absolute discretion, may cause the work to be inspected by an inspector; but no such work shall be covered in, closed up, or concealed, until the minister has caused it to be inspected or authorized it to be covered in, closed up or concealed. Certificate of approval 7(4) Where the installation, repair, alteration, or replacement, of anything under the authority of a permit is found to be properly and safely completed, the inspector may issue a certificate of approval thereof in the form prescribed in the regulations. S.M. 2005, c. 11, s. 6 . Delegation of authority to issue permits and appoint inspectors 8 The minister may delegate to any municipality the authority (a) to issue permits for the purpose mentioned in subsection 7(1); (b) to appoint inspectors with power to inspect electrical wiring, conduits, apparatus, or fixtures, or other electrical material or appliances installed, repaired, altered, or replaced, under the authority of a permit or by the holder of a licence, and to issue, in the prescribed form, certificates of approval in respect thereof. Exclusion of municipality 9 The council of a municipality to which authority to appoint inspectors has been delegated under this Act, or The Manitoba Hydro Act , may pass a by-law excluding the municipality from the application of section 7; and while the by-law is in effect, the minister shall not issue a permit under section 7 authorizing any electrical work to be done in the municipality. Appointment of staff 10(1) Inspectors and such other officers as may be required to carry out this Act may be appointed under Part 3 of The Public Service Act . Qualifications for inspectors 10(2) No person shall be appointed an inspector under this Act unless he or she holds a licence other than a limited licence under this Act and, in the opinion of the minister, has had the practical experience necessary to qualify him or her for the position. Inspectors under Labour Administration Act 10(3) Nothing herein impairs the powers or authority given to an inspector appointed under The Labour Administration Act . S.M. 2001, c. 43, s. 38 ; S.M. 2005, c. 11, s. 6 ; S.M. 2012, c. 40, s. 54 ; S.M. 2021, c. 11, s. 65 . Regulations 11 The Lieutenant Governor in Council may make regulations for (a) the examination of candidates' licences and the evidence as to previous experience to be furnished by each such candidate; (b) the issue of licences and permits; (c) prescribing the limitations and conditions to which any class of licence is subject; (d) determining time and duration of licences or permits and their renewals; (e) fixing the fee, if any, to be paid for licences or permits, and examinations; (f) prescribing causes for which a licence or permit may be revoked, cancelled, or suspended; (g) defining the duties of inspectors, and making rules governing their operations; (h) fixing the salaries or other remuneration to be paid to the examiners and inspectors so appointed; (i) the establishment of standards governing the construction, installation, maintenance, repair, or replacement, of any electrical equipment or work to which this Act applies; (j) the inspection of electrical equipment and the fixing of fees to be paid for the inspection, in cases where the inspection is not made by a qualified electrical inspector employed by either Manitoba Hydro or the municipality concerned; (k) prescribing the conditions, if any, subject to which a permit may be issued, the nature of the work that may be done under the authority thereof, and the place or premises in or on which the wiring, conduits, apparatus, fixtures, material, or appliances may be installed, repaired, altered, or replaced; (l) prescribing the form of licences, permits, and certificates of approval. Minister empowered to revoke licences, etc. 12 Upon it being established, to the satisfaction of the minister, that any of the prescribed causes for which a licence or permit may be revoked, cancelled, or suspended exists, he or she may revoke, cancel, or suspend, the licence or permit accordingly. S.M. 2005, c. 11, s. 6 . What persons shall apply for journeyperson's licence 13 Any person in the province desiring to secure employment as a journeyperson, shall apply for examination, as provided under clause 11(a), and, after he or she passes the examination and pays the prescribed fees, a licence shall be issued to him or her under this Act. S.M. 2005, c. 11, s. 6 . Certificates which allow persons to perform work of journeypersons 14 The possession of a first-class or second-class certificate issued under The Power Engineers Act , or of any other certificate that may be issued under that Act, of a grade not lower than first-class or second-class certificate, entitles the holder of the certificate to do electrical work only in the maintenance and repair of existing electrical equipment in or upon the premises where he or she is employed as an operating engineer but not elsewhere; and possession of a third class operating engineer's certificate issued under that Act (a) that was issued prior to July 1, 1962; or (b) that was issued on or after that date and that is not endorsed with a limitation prohibiting the holder thereof from doing such work; entitles the holder thereof to do similar work. S.M. 2005, c. 11, s. 6 . Special licences 15(1) In the case of industries in which workers are engaged in repair or maintenance of electrical equipment, solely in or upon the premises in or upon which those industries are carried on, any such worker shall be issued a special licence to do such work in or upon those premises, upon demonstrating to the satisfaction of the board of examiners that he or she possesses sufficient qualification for the work intended to be performed in or upon those premises. Limitation of special licence 15(2) A special licence does not entitle the holder to perform any electrical work outside the premises described in the licence; and the licence is not transferable. S.M. 2005, c. 11, s. 6 . Employment of unlicensed persons prohibited 16 No person may employ or engage another person to do electrical work or restricted electrical work unless the person employed or engaged is authorized to do that work in accordance with this Act and the regulations made under this Act. S.M. 2005, c. 11, s. 7 . Application of compulsory certification designation 16.1 Section 26 of The Apprenticeship and Certification Act does not apply in respect of a person — other than an apprentice — who is authorized to do electrical work or restricted electrical work under section 4, and such a person may continue to do that work even after a designated electrician trade is prescribed under that Act as a compulsory certification trade. S.M. 2005, c. 11, s. 7 ; S.M. 2009, c. 33, s. 49 . Offence and penalty 17(1) Subject as herein otherwise provided, a person who does any electrical work without being in possession of a subsisting licence or permit authorizing him or her to do the work, is guilty of an offence and is liable, on summary conviction, to a fine not exceeding $200. or, in default of payment thereof, to imprisonment for a term not exceeding three months. Production of licence and permit 17(2) Subject as herein otherwise provided, a person who is doing any electrical work shall, on request of an inspector, produce a valid subsisting licence or permit, or both, as may be required under this Act authorizing him or her to do the work, or satisfy the inspector that he or she possesses such a licence or permit, or both, as the case may be. S.M. 2005, c. 11, s. 6 . Only approved equipment to be used 18 No person shall (a) offer for sale; or (b) sell; or (c) install in any building or premises or therein make use of; any electrical equipment the design of which has not been approved by the Canadian Standards Association, or otherwise as may be prescribed by the minister or which does not bear the appropriate seal, stamp or mark of approval of that association or the minister, as the case may be. Penalty for breach of regulations after notice 19(1) Every person who has been, by written notice served on him or her, required by the minister to remedy a breach by that person of the regulations made under clause 11(i) and to comply therewith, within a time fixed in the notice, being not less than 15 days from the service thereof, and who, after the expiry of the time so fixed, continues to be in default, or to contravene or to neglect to observe the regulations, is guilty of an offence and is liable, on summary conviction, for a first offence to a fine of not less than $25. and not more than $200., and, in default of immediate payment, to not more than three months' imprisonment, and for a subsequent offence (a) if an individual to a fine of not less than $25. and not more than $500. or to imprisonment for a term not exceeding four months; and (b) if a corporation, to a fine of not less than $100. or more than $1,000. Service of notice 19(2) A notice given by the minister under subsection (1) shall be deemed to have been served upon the person therein referred to, if addressed to him or her at his or her last known address as shown in the records of the department, and mailed by registered mail with postage prepaid; and the service shall be deemed to have been made on the day following the mailing. S.M. 2005, c. 11, s. 6 . General penalty for offences 20 Every person or corporation, and the manager or other chief officer in the province of any corporation, who or which contravenes or disobeys, or omits, neglects, or fails, to observe or comply with, any provision of this Act or of the regulations is guilty of an offence and, if no other penalty is specially provided therefor, is liable, on summary conviction, (a) if an individual, to a fine of not more than $200. or to imprisonment for a term not exceeding two months, or to both; and (b) if a corporation, to a fine of not more than $500.