Amusement Devices Safety Act

Link to law: http://nslegislature.ca/legc/statutes/amusemnt.htm
Published: 2016-01-05

Amusement Devices Safety Act

CHAPTER 12 OF THE REVISED STATUTES, 1989

amended 2004, c. 34size>

An Act to Provide for
the Safety of Amusement Devices
by Inspection and Licensing

Short title
1 This Act may be cited as the Amusement Devices Safety Act. R.S., c. 12, s. 1.

Purpose

2 The purpose of this Act is to
(a) guard against personal injuries in the assembly, disassembly and use of amusement devices and temporary structures at carnivals, fairs and amusement parks;
(b) ensure that such amusement devices and structures shall be designed, constructed, assembled or disassembled, maintained and operated to prevent such injuries; and
(c) establish criteria for entitlement to a licence to operate amusement devices and structures including the provision of insurance for persons injured or killed while in, on or about such amusement devices and structures. R.S., c. 12, s. 2.

Interpretation

3 In this Act,
(a) "amusement device" means a device or combination of devices designed or intended to entertain or amuse people by physically moving them;
(b) "amusement park" means a tract of land used as a temporary or permanent location for amusement devices and includes any place where amusement devices or structures are installed or in operation;
(c) "Chief Inspector" means the Chief Inspector appointed under this Act;
(d) "inspector" means an inspector appointed under this Act and includes the Chief Inspector;
(e) "Minister" means the Minister of Labour;
(f) "owner" means any person, syndicate, association, corporation or club operating, conducting or managing an amusement device or amusement park and includes the employee, manager, lessee, transferee or partner of an owner. R.S., c. 12, s. 3.

Administration

4 The Minister is charged with the general administration of this Act and the regulations. R.S., c. 12, s. 4.

Inspectors

5 (1) The Minister may appoint persons in the public service to be inspectors for the purposes of this Act and may designate one of the persons so appointed to be the Chief Inspector who shall have the general supervision and direction of other inspectors.
(2) The Minister may authorize the Chief Inspector to employ the services of any person who holds a certificate of competency under this Act to inspect amusement devices and structures and such person when so appointed shall be deemed to be an inspector within the meaning of this Act and shall report to the Chief Inspector with respect to any of his duties hereunder.
(3) Inspectors have the powers, authorities and immunities of a peace officer. R.S., c. 12, s. 5; 2004, c. 34, s. 1.

Certificate of competency

6 No person shall inspect an amusement device or structure who does not hold a certificate of competency under this Act. R.S., c. 12, s. 6.

Licence to operate

7 No person shall either by himself or by an agent operate or cause to be operated for profit or reward an amusement device or structure unless he holds a licence under this Act in respect of that amusement device or structure. R.S., c. 12, s. 7.

Issuance of licence

8 No licence shall be issued under this Act in respect of an amusement device or structure until
(a) the amusement device or structure has been inspected by an inspector under this Act and a certificate of inspection issued in respect thereof;
(b) proof of financial responsibility has been exhibited to the Minister of Consumer Affairs; and
(c) any tax or fee due and owing in respect of the operation of the amusement device or structure that is required by the Theatres and Amusements Act has been paid. R.S., c. 12, s. 8.

Financial responsibility

9 (1) No person shall be entitled to a licence under this Act until he has exhibited to the Minister of Consumer Affairs proof of financial responsibility to satisfy claims for damages on account of physical injuries or property damage suffered by any person by reason of any act or omission on the part of the owner, his agent or employees in the operation, design, construction, assembling, disassembling or maintaining of amusement devices and structures.
(2) The said proof of financial responsibility shall be in such amount, character and form as the Governor in Council determines by regulation to be necessary for the protection of those being in, near or upon such amusement devices or structures. R.S., c. 12, s. 9.

Powers of inspector

10 For the purposes of this Act, an inspector may
(a) at all reasonable times enter, inspect and examine an amusement park and the amusement devices and structures contained therein or thereupon;
(b) require the production of any licence, certificate, notice or document required by this Act or the regulations to be kept and to inspect, examine and make a copy of or extract from it;
(c) make such examination and inquiry as the inspector considers necessary to ascertain whether the provisions of this Act and the regulations are being complied with, with respect to the amusement park and the amusement devices and structures therein and the persons employed in respect thereto;
(d) exercise such other powers and authority as may be necessary or incidental to the carrying out of his functions under this Act. R.S., c. 12, s. 10.

Co-operation with inspector

11 (1) No person shall obstruct or attempt to obstruct an inspector in the performance of his duties or the exercise of his powers under this Act.
(2) The owner of an amusement park or of an amusement device or structure shall comply with every direction and request of an inspector given pursuant to this Act and furnish the inspector any assistance required for the purpose of entering, inspecting and examining an amusement park and the amusement devices and structures therein or thereupon. R.S., c. 12, s. 11.

Direction by inspector

12 (1) An inspector may give directions orally or in writing to any person for the carrying out of any matter or thing regulated, controlled or required by this Act or the regulations and may require that his directions be carried out within such time as the inspector specifies.
(2) If a person to whom an inspector gives oral directions under subsection (1) requests that the directions be in writing, the inspector shall put the directions in writing.
(3) An owner affected by a direction of an inspector given under subsection (1) may appeal therefrom by giving notice forthwith to the Chief Inspector orally or in writing.
(4) Oral notice of appeal may be given by telephone and shall be confirmed in writing.
(5) After giving the owner an opportunity to be heard, the Chief Inspector shall vary, rescind or confirm a direction of an inspector from which an owner has appealed. R.S., c. 12, s. 12.

Source of danger

13 (1) Where an inspector considers that any amusement park or amusement device or structure contained therein or thereupon or any part thereof is a source of danger to the health and safety of persons in, on or about the amusement park, amusement devices or structures, the inspector
(a) shall give such directions in writing to the owner as the inspector considers necessary directing the owner immediately or within such time as the inspector specifies to

(i) take measures for guarding the source of danger, or (ii) protect the safety or health of any person against dangers therefrom; and

(b) may direct that any amusement park, amusement device or structure shall not be used until his directions are complied with. (1A) A direction made under clause (b) of subsection (1) may be made orally and be effective immediately.
(2) Where an inspector gives a direction under clause (b) of subsection (1), the inspector may affix to the amusement park, the amusement device or structure a notice of the direction and no person unless authorized by the inspector shall
(a) use the amusement park, amusement device or structure until the directions of the inspector are complied with; or
(b) remove the notice. R.S., c. 12, s. 13; 2004, c. 34, s. 2.

Deemed obstruction

14 A person who
(a) wilfully delays an inspector in the exercise of any power conferred upon the inspector by this Act; or
(b) fails to comply with a direction of an inspector given under this Act or to produce any licence, certificate or document that the person is required by or under this Act to produce,
shall be deemed to obstruct the inspector in the exercise of his powers or the performance of his duties under this Act. R.S., c. 12, s. 14.

Report of accident

15 Where a person is injured or killed in an amusement park or as a result of being in, near or upon an amusement device or structure, the owner shall make a written report of the accident to the Chief Inspector within twenty-four hours after its occurrence. R.S., c. 12, s. 15.

Prohibited use or operation

16 (1) No person who has reasonable cause to believe that any amusement device or structure is unsafe or contravenes any provision of this Act or the regulations shall use or operate it or cause or permit it to be used or operated.
(2) No person shall use or operate an amusement device or structure in an unsafe manner or in a manner that does not comply with any provision of this Act or the regulations. R.S., c. 12, s. 16.

Production of drawings, specifications and other information

17 (1) An inspector for the purpose of carrying out his duties under this Act may require the production of any drawings and specifications of an amusement park, amusement device or structure or any part thereof and may inspect the same and may require information from any person concerning any matter related to the amusement park, amusement device or structure.
(2) No person shall neglect or refuse to produce drawings and specifications as required by an inspector under subsection (1) and no person shall furnish an inspector with false information or neglect or refuse to furnish information required by an inspector in the exercise of his duties under this Act. R.S., c. 12, s. 17.

Penalty

18 (1) Every person who violates any provision of this Act or the regulations or any direction, order or notice made under this Act or the regulations is guilty of an offence and is liable on summary conviction to a penalty of
(a) in the case of an individual, a fine of, not more than five thousand dollars or a term of imprisonment of up to six months or both; and
(b) in the case of a corporation, a fine of not more than two hundred thousand dollars.
(2) Where a person fails to comply with or violates any of the provisions of this Act or the regulations or any direction or notice made thereunder on more than one day each such day shall be deemed to constitute and shall constitute a separate offence. R.S., c. 12, s. 18; 2004, c. 34, s. 3.

Payment of fee or penalty

19 All fees collected under this Act and the regulations and all penalties recovered for offences under this Act or the regulations shall be paid to the Minister of Finance and shall form part of the Consolidated Fund of the Province. R.S., c. 12, s. 19.

Regulations

20 (1) The Governor in Council may make regulations respecting such matters and things as the Governor in Council considers necessary or expedient to ensure the safety and health of persons in, on or about amusement parks, amusement devices and structures, including, without restricting the generality of the foregoing, regulations
(a) prescribing qualifications for persons who may be appointed inspectors or who may make inspections under this Act;
(b) providing for the issue of certificates of competency to inspectors and determining the period for which such certificates shall continue in force and the terms upon which they may be renewed;
(c) providing for the issue of certificates of competency to persons other than inspectors and determining the period for which such certificates shall continue in force and the terms and conditions under which they may be renewed;
(d) regulating the use, location, design, construction, installation, operation, maintenance, repair, testing and inspection of amusement devices and structures and equipment used in connection therewith;
(e) prescribing methods of determining maximum capacity for the purposes of this Act and the regulations;
(f) governing the conduct of persons in, on or about amusement devices and structures;
(g) prescribing the form of licences and the conditions under which licences or any class thereof may be granted, suspended, revoked or transferred, prohibiting the transfer of licences or any class thereof and providing for fees to be paid on the grant or transfer of such licences;
(h) prescribing the fees to be paid for inspection by inspectors;
(i) prescribing the form and location of directions, notices and markings that shall be kept in, on or about amusement parks, amusement devices and structures;
(j) excluding from this Act any class of amusement park, amusement device or structure;
(k) determining the form, amount, in the case of liability insurance an amount not less than one million dollars, and type of financial responsibility necessary to satisfy claims for damages on account of any physical injury or property damage that might be suffered by any person by reason of the operation of an amusement park, amusement device or structure;
(l) respecting any other matter necessary or advisable to carry out the intent and purpose of this Act.
(2) The exercise by the Governor in Council of the authority set forth in this Section shall be regulations within the meaning of the Regulations Act. R.S., c. 12, s. 20; 2004, c. 34, s. 4.

Research

23[21] (1) The Minister may undertake research into the cost of and the means of preventing injuries or disabilities occurring to persons in, on or about amusement devices and structures where the Minister considers it appropriate and may undertake such research in co-operation with the Government of Canada or of any province or with any person or organization undertaking similar research.
(2) The Minister may collect, compile, analyze, abstract and publish information relating to any research undertaken by the Minister pursuant to this Section. R.S., c. 12, s. 23.
Read Entire Law on nslegislature.ca