The Elevator Act

The Elevator Act, C.C.S.M. c. E60 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Operation of elevators 3 Operation of elevator in accordance with Act 4 Appointment of board 5 Quorum; procedure; committees 6 Issue of permits 7 Operation of elevator without permit therefor forbidden 8 Recommendations by board 9 Meeting for discussion of recommendation 10 Exceptions 11 Closing elevator 12 Passengers on freight elevators 13 Regulations 14 Offence and penalty HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: Definitions 1 In this Act "board" means The Elevator Board appointed under section 4; (« Commission ») "department" means the department of government over which the minister presides and through which this Act is administered; (« ministère ») "elevator" means any mechanism equipped with a car or platform that moves in guides and that is used to transport persons or things from one level to another level and includes an escalator, a dumb-waiter, a hoist, a ski lift, a ski tow, and any other hoisting apparatus or appliance together with the mechanisms, equipment, controls, gates, loading and unloading thresholds, signals, and appurtenances of or to any of those things; (« ascenseur ») "minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act; (« ministre ») "operator" means a person the duties of whose employment include the operating of an elevator; (« opérateur d'ascenseur ») "owner" means any person who has control of a building, structure, or other premises in or on which an elevator is situated or in connection with which an elevator is used, and includes any tenant, sub-tenant, manager, or licensee of any such building, structure, or premises, and the agent of any owner as hereinbefore defined, and also includes the owner of any elevator; (« propriétaire ») "permit" means permit issued by the minister to an owner under section 6. (« permis ») S.M. 2001, c. 43, s. 39 . Operation of elevators 2(1) All elevators in, or intended for use in, the province shall be constructed, operated, or maintained, and have a carrying capacity, as provided herein and in the regulations. Operators of elevators 2(2) No person shall operate an elevator in the province except in accordance with this Act and regulations. Operation of elevator in accordance with Act 3 No owner of premises that contain an elevator or owner of an elevator shall permit the elevator to be operated except in accordance with this Act and the regulations. Appointment of board 4(1) The Lieutenant Governor in Council may appoint a board, which shall consist of not fewer than seven persons, and which shall be known as: "The Elevator Board". Membership 4(2) Two members of the board, one of whom shall be the chairperson, and the other of whom shall be the vice-chairperson, shall be officers of the department; and in selecting the other members of the board the Lieutenant Governor in Council shall consider the interests of (a) manufacturers of elevators; (b) installers and repairers of elevators other than manufacturers thereof; (c) owners of department stores and office buildings in which elevators are installed; and (d) owners of warehouses and factories in which elevators are installed. Alternate members 4(3) In respect of every member of the board an alternate member may be appointed by the Lieutenant Governor in Council to act for and in the place of that member in the member's absence. Term of office 4(4) Unless the member sooner resigns or is removed from office, or unless an earlier date of retirement is fixed in the order in council appointing them, each member of the board, other than the chairperson and vice-chairperson, shall, subject to subsection (5), hold office for a period of two years from the date of the member's appointment and thereafter until their successor is appointed. Filling of vacancies 4(5) Where a member of the board, other than the chairperson, ceases to be a member prior to the expiration of the member's term of office, any person appointed to fill the vacancy so created, unless the member sooner resigns or is removed from office, or unless an earlier date of retirement is fixed in the order in council appointing the member, shall hold office for the remainder of the term of office of the person in whose place the member is appointed, and thereafter until their successor is appointed. Re-appointment 4(6) A member of the board whose term of office has expired is eligible for re-appointment. Remuneration 4(7) The chairperson and vice-chairperson shall serve without remuneration but each of the other members shall be paid such remuneration as is fixed by order of the Lieutenant Governor in Council. Quorum 5(1) Four members of the board constitute a quorum. Rules of procedure 5(2) The board may, subject to the approval of the minister, adopt rules governing its own procedure and the conduct of its business. Appointment of committees 5(3) The board may appoint committees from among its members to deal with parts of the work of the board specified in the order appointing each committee; and the chairperson of the board or in the chairperson's absence, the vice-chairperson, is, ex officio, a member of, and shall preside over the meetings of, each such committee. Issue of permits 6 The minister may issue in respect of each elevator, in such form as is prescribed in the regulations, a permit valid for such period as is prescribed in the regulations, authorizing the elevator described therein to be operated during the period in respect of which the permit is issued for the purposes described in the permit. Operation of elevator without permit therefor forbidden 7 No owner shall at any time cause, authorize, or permit an elevator to be operated unless there is in existence at that time a valid and subsisting permit issued in respect of that elevator. Recommendations by board 8 The board may recommend to the minister the adoption of regulations and orders respecting (a) the construction, operation, maintenance, and carrying capacity of elevators in Manitoba; (b) the inspection of elevators; (c) the issue of permits in respect of elevators; and (d) without restricting the generality of the foregoing, any matter or requirement that the board may deem necessary or advisable in order to render elevators safe for use, or likely to prevent the occurrence of injuries arising from accidents happening in connection with the use of elevators. Meeting for discussion of recommendation 9(1) Before making a recommendation for the adoption of a regulation or order, the board shall hold a meeting for the discussion of the recommendation and give public notice of the meeting in such a manner as is prescribed in the regulations. Meetings to be public 9(2) Meetings to which reference is made in subsection (1) shall be open to the public and the board shall hear any person desiring to be heard or counsel on the person's behalf, and any witness whose evidence the witness desires to submit to the board. Exception from regulation 10(1) Where an elevator is of such character, or is used under such circumstances that, in the opinion of the board, there is no danger of injury by accident to any person by reason of, or in connection with, the operation thereof, the board may recommend to the minister, and the minister, after considering the recommendation, may by written order direct that the elevator be, for such time as to the minister may seem proper and subject to such conditions as the minister may prescribe in the order, excepted from the operation of any regulation or order, or part thereof. Exception from provision of Act 10(2) Where, in the opinion of the minister, the application of any provision of this Act or a regulation would be unreasonable or impractical, the minister may by written order direct that the elevator be, for such time as to the minister may seem proper and subject to such conditions as the minister may prescribe in the order, excepted from the operation of that provision. Closing elevator 11 Where (a) in the opinion of the Chief Inspector of the Mechanical and Engineering Division of the department, an elevator is unsafe to operate; or (b) an inspector of the department has ordered repairs or alterations respecting operational safety to be made to an elevator and they are not completed within the period prescribed in the order; the chief inspector may close the elevator by placing a seal of the department on it; and thereafter no person shall operate or use the elevator and the owner shall not permit it to be operated or used until the chief inspector has inspected it, found it safe, and removed the seal. Passengers on freight elevators 12 No person shall ride on and no owner shall allow any person to ride on an elevator that is not authorized for use as a passenger elevator by the permit therefor, except as the operator or as a necessary attendant in charge of materials or property being transported thereon. Regulations 13 For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make such regulations and orders as are ancillary thereto and are not inconsistent therewith; and every regulation or order made under, and in accordance with the authority granted by, this section has the force of law; and without restricting the generality of the foregoing, the Lieutenant Governor in Council may make regulations and orders, (a) to give effect, in whole or in part, to any recommendation made by the board; (b) adopting and constituting as regulations with respect to any matter mentioned in clause 8(a) (i) any relevant codes, rules, or standards; or (ii) any such codes, rules, or standards with the exception of any specified provisions or parts thereof; or (iii) any specified provisions or parts of any such codes rules or standards; or (iv) any amendments to any such codes, rules, or standards, with or without modifications; either in place of, or in addition to, any regulation recommended under clause 8(a); (c) prescribing the forms of permits issued under this Act; and fixing the period during which any such permit is valid and subsisting; (d) prescribing the manner in which a notice required under section 9 shall be given; (e) fixing fees for permits. Offence and penalty 14(1) Every person who contravenes, or refuses, neglects, omits, or fails to observe or comply with, any provision of this Act or the regulations is guilty of an offence and subject to subsection (2), is liable, on summary conviction, to a fine, in the case of an individual, not exceeding $50. and, in the case of a corporation, not exceeding $300. Subsequent offences 14(2) Where a person who has been convicted of an offence under this Act or the regulations is subsequently convicted of a like offence, the person is liable, if an individual, to a fine of not less than $25. and not more than $100. and, if a corporation, to a fine of not less than $100. and not more than $500. Daily separate offences 14(3) Where the contravention, refusal, neglect, omission, or failure to which reference is made in subsection (1) continues for more than one day, the offender is guilty of a separate offence for each day that it continues.