Power Engineering Regulation in Canada PDF

Unit A-3 • Introduction to Power Engineering and its Governance in Canada Objective 1 Describe how the Power Engineering profession is regulated in Canada. Hierarchy of Legislation Canada has a “federal system” of government, that divides power between regional and national governments, giving eac...

Unit A-3 • Introduction to Power Engineering and its Governance in Canada Objective 1 Describe how the Power Engineering profession is regulated in Canada. Hierarchy of Legislation Canada has a “federal system” of government, that divides power between regional and national governments, giving each its own areas of jurisdiction. Power Engineers, and the pressurized equipment they operate and maintain, are “regulated” by (under the control of ) the provinces. Therefore, Power Engineering and Pressure Plant regulation are under “Provincial Jurisdiction”. In order to regulate society’s activities, enforceable laws must exist. These laws are called “Acts”. The word “act” is used because if a problem exists in society, the government must “take action” and pass a law. For example, boiler explosions were common from the mid 1800’s to the early 1900’s. Laws were enacted to prevent or reduce the number of these explosions. Acts begin as “bills” which are introduced in the Jurisdictional legislature by an elected person or party. The ruling government party may officially support this bill, or a “private member” may introduce it. This bill is “read” or “tabled” in the Legislature, and then debated by its members. After the reading, if a bill is found to be inadequate or controversial, it may either be amended or prevented from becoming law. If the bill successfully passes three readings, all members of the Legislature vote on the bill. A simple majority is required to pass a bill into law. After passing in the Legislature, the bill must receive “Royal Assent” (approval) from the head of state (the Queen of England), who at the provincial level is represented by the Lieutenant Governor. After receiving Royal Assent by the Lieutenant Governor, the bill is then said to have been “enacted” and becomes law. Acts are written in broad, general terms, so that they may apply to a wide range of circumstances. Narrowly focused laws would not apply outside of a few very specific situations. If too narrow in scope, far too much government time and expense would go into making laws. Also, the number of laws would dramatically increase to an unmanageable level. Therefore, regulations are written to provide public guidance to how Acts will be interpreted, applied, and enforced. Regulations are said to be “under the Act”. This means that regulations refer to specific Acts, from which they get their authority. For example, a jurisdictional government may have something like a “Public Safety Code Act”. Several regulations may be under this Act: “The Amusement Rides Regulations”, “The Elevator Regulations”, “The Power Engineers Regulations”, and others. If a regulation is contravened, so is the Act, and the law is broken. Regulations are not enacted; rather, regulations are made by the Lieutenant Governor in Council (the Lieutenant Governor acting on the advice of Cabinet), by Ministers or boards authorized by the Act. For example, a jurisdiction may have a Power Engineers’ Advisory Board, which meets regularly to advise the Minister. Regulations get the force of law after they are published in the jurisdiction’s “Gazette,” which is the Government’s “official newspaper”. Regulations are more focused in their language, and are easier and less costly to revise and update. However, Regulations still become out of date, due to: • Changes in fees for services (such as inspections, certificates, and permits) • Changes to fines and penalties • Changes in technology 2-4 4th Class Edition 3 • Part A Jurisdictional Legislation for Power Engineers • Chapter 2 To address fees, fines and penalties, revisions are made to the Regulations from time to time. To address technological change, Regulations typically adopt current, up-to-date Codes and Standards, which are revised with regular frequency. As an example, a “Pressure Plants Regulation” may have a statement like “The current ASME, ANSI, CSA, NFPA and other codes and standards, as amended from time to time, shall be enforced, as far as is possible and as is consistent with general practice in Canada.” This way, when a code or standard is updated, the Regulation and the Act automatically update and remain current. A Standard is an agreed, regular, and repeatable way to produce products or perform processes. People often refer to a “standard way” of doing something. This statement captures the purpose of published standards; it implies that there is a standard and correct way of doing something. Standards are published by organizations such as the Canadian Standards Association (CSA) to ensure that standard methods are available to manufacturers, suppliers, and installers. Standards tend to be narrow in their focus. Groups that develop standards are usually voluntary and are comprised of industry experts who want to ensure the highest standards are used in the design, manufacture, and operation of equipment. Codes, unlike Standards, are written in such a way that they can be adopted and enforced by government regulatory bodies. Codes often reference many standards, giving them additional weight. Codes may be developed by specific groups or certifying bodies, such as the CSA and the ASME. They could include members from government, industry, labour, or private specialists. Codes provide more specific instruction than standards do. There are codes and standards, published by different organizations, which address the same matters, but disagree on details. Codes and standards may also disagree with the regulation that adopts them. There may also be circumstances where the regulations disagree with or contradict the Act. Therefore, a hierarchy of authority will often be stated in the Act or Regulations. Generally speaking, when discrepancies arise: • The requirements of an Act overrule those of a Regulation, code, or standard. • The requirements of a Regulation overrule those of a Canadian or international code or standard, and • The requirements of a Canadian standard or code overrule those of an international standard, See Figure 1 for an illustration of this hierarchy. Figure 1 – Hierarchy of Authority Jurisdictional Act Regulations under the Jurisdictional Act National Codes and Standards (e.g. CSA) International Codes and Standards (e.g. ASME) 4th Class Edition 3 • Part A 2-5 Unit A-3 • Introduction to Power Engineering and its Governance in Canada Acts All jurisdictions in Canada have similar health and safety legislation. Please refer to the specific jurisdictional requirements where the equipment is located. The various Jurisdictional boiler, pressure plant and Power Engineers Acts have been enacted to ensure that the design, construction, installation, inspection, operation, repair, alteration, and supervision of boilers and pressure vessels results in the highest reasonable standard of safety, and are consistent with good engineering practices. Depending on the jurisdiction, there may be a single “Safety Standards” or “Safety Codes” Act, with several regulations under the Act. Other jurisdictions may have more focused Acts, such as a “Power Engineers Act” and a separate “Pressure Equipment Act”, each with its own Regulation. However, regardless of the jurisdiction, these public safety codes acts have much of the following in common. a) b) c) d) e) f) A list of Regulations under the Act. The scope of the Act, which lists the equipment covered by and excluded from the Act. A statement that permits the government to make Regulations under the Act. Definitions of special terms used in the Act. The purpose of the Act. The Minister’s right to appoint Directors, Administrators, and Inspectors; a description of their responsibilities and powers; a description of how their duties will be performed. This may include frequency of inspection, equipment condemnation, testing requirements for individuals and equipment, and certification guidelines for repair and supervisory personnel. Details that are more specific are, by necessity, in the Regulations. g) A description of what is an “offence” under the Act, and the penalties for not complying with the Act or its Regulations. h) A statement about the right of an individual to appeal an order made under the Act, and a description of the appeal procedure. i) A list of fees for services rendered under the Act. Regulations Regulations support the Act by providing specific direction to citizens and law enforcement agencies on the interpretation and enforcement of the Act. Regulations also permit more frequent updating since they may be changed by Order in Council, or by the adoption of Codes and Standards that are regularly updated. Regulations, like Acts, typically begin by defining specific terms. Next, regulations state the adopted codes and standards; they specify that these codes are the “latest editions, as amended from time to time”. The CSA B51 and B52 codes and the ASME Boiler and Pressure Vessel codes are referenced by all Jurisdictional regulations. Regulations also elaborate on: a) Operator certification and responsibilities i. Classes of operators (Power Engineers) ii. Qualification for examination • Experience requirements • Education requirements iii. Maintenance of operating logbook iv. Display of certificate v. Co-operation with Inspector vi. Action when an unsafe condition exists in a plant 2-6 4th Class Edition 3 • Part A Jurisdictional Legislation for Power Engineers • Chapter 2 b) Plant classifications and methods of determining plant class c) Obligations of owners i. The conditions and circumstances equipment is permitted to operate • Satisfactory inspection • Display of certificate • Qualified operators ii. Permissible action upon explosion iii. Approval for boiler, pressure vessel or pressure piping repair or alteration iv. Maintenance of records v. Plant safety compliance d) Scope and limitations of work, and responsibility of certified operators of various classes e) Qualification and certification of pressure welders and weld procedures f ) Responsibility of Inspectors The Chief Inspector of the jurisdiction may interpret and apply the Regulations with flexibility, in recognition that many situations are unique. To permit this flexibility, a Regulation may have wording like “Where the Chief Inspector considers it necessary for the safe operation of a boiler, the Chief Inspector may order additional safety measures.” Flexibility must be allowed, but not at the expense of public safety. Again, Acts and Regulations permit appeal, if an individual believes that the Act or its Regulations have not been properly administered. In summary, the activities and responsibilities of the Power Engineer must comply with all of the acts, regulations, codes, and standards in their jurisdiction. Legislation for each Jurisdiction is available from the jurisdictional “Queen’s Printer” or on-line. Acts, Regulations, Standards, and Codes are regularly updated. To ensure legal compliance and workplace safety, Power Engineers should always make sure that the latest publications are available for reference. Therefore, it is important to frequently check the jurisdictional websites for relevant updates or changes to the laws, and to check that the publication date of on-hand documents correspond with those on the websites. Training and Certification Committees Four national groups in Canada - the ACI, SOPEEC, IPECC, and the IPE - help jurisdictions develop exams and curricula that meet national industry and regulatory requirements. Inter provincial recognition of Power Engineering qualifications is due to the activities of these groups. They approve all changes to the Interprovincial Power Engineering curriculum. ACI – Association of Chief Inspectors Each jurisdiction in Canada has a Chief Inspector or equivalent, who is a member of the ACI. This group meets annually, or more often, depending on situations they believe are important to Power Engineers and pressure vessel safety. As part of their function, ACI has final approval of Power Engineering syllabi and curriculum changes. SOPEEC – Standardization of Power Engineer Examinations Committee SOPEEC (www.sopeec.org) meets at least once a year, and has representatives from all jurisdictions in Canada. They discuss and approve IPECC curriculum recommendations, and then forward those recommendations to the ACI. SOPEEC’s mandate is to ensure that the Power Engineering exams meet the needs of all jurisdictions and for all industry in Canada. Once there is inter-jurisdictional agreement, SOPEEC, on behalf of ACI, creates the syllabi for the interprovincial exams. They also produce the Power Engineering certification exams that are to be administered across Canada. Power Engineers should regularly refer to the SOPEEC website, as well as the SOPEEC reference syllabi. 4th Class Edition 3 • Part A 2-7 Unit A-3 • Introduction to Power Engineering and its Governance in Canada IPECC – Interprovincial Power Engineering Curriculum Committee The IPECC (www.ipecc-net.com) is made of representatives from industry, educational institutions, the IPE, the ACI and SOPEEC. Their annual meeting is usually held in conjunction with SOPEEC. IPECC makes recommendations to SOPEEC for the syllabi statements, work experience requirements, and approved reference materials. IPECC members have a broad base of knowledge and experience. This helps to ensure that the various classes of Power Engineering graduates have the necessary knowledge and skills. IPECC subcommittees address concerns that deal with specific Power Engineering classes or topic areas within the learning materials. Each subcommittee develops and maintains a national curriculum document that interprets the knowledge expectations for candidates preparing to challenge the national certification exams. A critical element of each sub-committee’s work is to discuss whether the approved learning material is keeping up with technological advances, new products and current industry processes. IPECC recommends syllabi changes to SOPEEC, and seeks to gain SOPEEC approval of the IPECC curricula at all levels of Power Engineering. The basis for this approval is that the curricula meet SOPEEC’s knowledge requirements for the national examinations. IPE – Institute of Power Engineers The IPE (www.nipe.ca) is a national association of Power Engineers and associated professionals that provides a unified voice for Canadian Power Engineers. It works to raise public awareness of the role played by Power Engineers in our increasingly energy-dependent economy. Central to its mandate is the promotion of safety and education of operating professionals at all levels in a plant. In many jurisdictions it represents the one consistent voice of the profession on regulatory advisory committees. 2-8 4th Class Edition 3 • Part A