Boiler and Pressure Equipment Regulations
N.S. Reg. 10/2011

Section 33 BPE permit required

33. (1) Except as provided in subsections (2) and (4), a person must obtain a BPE permit to perform any of the following regulated work:

(a) construct a regulated product;

(b) install a regulated product;

(c) alter, repair or make additions to a regulated product;

(d) change the location of a boiler, boiler system or non-portable pressure vessel.

(2) A BPE permit is not required for routine maintenance or overhaul of a component of a pressure system if all of the following conditions are met:

(a) the routine maintenance or overhaul is included in the BPE contractor licence holder's quality program for the regulated product or regulated work;

(b) a quality program for the pressure system has been filed and accepted by the BPE chief inspector as required by subsection 53(1).

(4)* An owner of a regulated product is exempt from the requirement to obtain a BPE permit for the installation of the regulated product if the regulated product meets all of the following criteria:

(a) it was within the scope of and authorized under the Steam Boiler and Pressure Vessel Act and the Steam Boiler and Pressure Vessel Regulations made under that Act;

(b) it was installed before the date these regulations come into force.

(3)* The BPE chief inspector determines what constitutes routine maintenance or overhaul in subsection (2).

[*subsection numbering as in original]

Section 34 Applying for BPE permit

34. (1) An application for a BPE permit must be accompanied by payment of the applicable BPE fees and include all of the following:

(a) a written description of the regulated work to be done;

(b) the drawings for the regulated work to be done;

(c) the particulars of the machinery and components to be used;

(d) the applicant's BPE contractor licence number.

(2) Only a BPE contractor licence holder may be granted a BPE permit.

(3) Before granting a BPE Permit, the BPE chief inspector must see and approve all of the drawings for the regulated work to be done.

(4) The BPE chief inspector may impose any terms or conditions on a BPE permit that the BPE chief inspector considers necessary.

Section 35 Displaying BPE permit while regulated work done

35. While regulated work is being done, a BPE permit holder must display the BPE permit for the regulated work at the site where it is being done.

Section 36 Expiry and renewal of BPE permit

36. (1) A BPE permit is valid until the expiry date specified on the permit unless it is suspended or revoked earlier by the BPE chief inspector.

(2) A holder of a BPE permit that has expired or will soon expire may reapply for a BPE permit under Section 34 by submitting their BPE permit number and any information required by that Section as determined by the BPE chief inspector.

Section 37 Notifying BPE chief inspector when regulated work completed

37. A BPE permit holder must notify the BPE chief inspector when the regulated work authorized by their BPE permit is completed.

Section 38 BPE permit non-transferable

38. A BPE permit is not transferable and may be used only by the BPE contractor licence holder who is granted the permit.

Section 39 Notice of change of location of boiler, boiler system or non-portable pressure vessel

39. (1) An owner or vendor of a boiler, boiler system or non-portable pressure vessel must notify the BPE chief inspector no later than 30 days after the boiler, boiler system or non-portable pressure vessel is removed from the original location if it is relocated

(a) from within the Province to another location in the Province; or

(b) from outside the Province to a location in the Province.

(2) A notice of relocation required by clause (1)(b) must include the following:

(a) all design data and manufacturer's data for the regulated product being relocated;

(b) 1 of the following:

(i) an annual inspection record, maintenance, repair, alteration and upset record,

(ii) an inspection certificate prepared within the 6 months immediately before the regulated product entered the Province that is signed by a boiler inspector employed by the authority having jurisdiction in the jurisdiction where the boiler, boiler system or non portable pressure vessel was originally located, and details of all of the following:

(A) an internal inspection,

(B) an external inspection,

(C) a pressure test to at least the maximum allowable working pressure.

Section 40 Equipment licence required

40. A person must hold an equipment licence to use or operate a boiler, pressure vessel or refrigeration plant, or to cause or permit a boiler, pressure vessel or refrigeration plant to be used or operated.

Section 41 Applying for equipment licence

41. An application for an equipment licence must be accompanied by payment of the applicable BPE fee and include all of the following:

(a) a written description of the boiler, pressure vessel or refrigeration plant to be operated;

(b) the location of the boiler, pressure vessel or refrigeration plant to be operated;

(c) the BPE permit number for fabricating or installing the boiler, pressure vessel or refrigeration plant.

Section 42 Displaying equipment licence at location

42. An equipment licence holder must display the equipment licence with the boiler, pressure vessel or refrigeration plant that the licence authorizes to be operated or at another location approved by the BPE chief inspector.

Section 43 Expiry and renewal of equipment licence

43. (1) An equipment licence is valid until the expiry date specified on the licence unless it is suspended or revoked earlier by the BPE chief inspector.

(2) A holder of an equipment licence that has expired or will soon expire may reapply for an equipment licence under Section 41 by submitting their equipment licence number and any information required by that Section as determined by the BPE chief inspector.

Section 44 Equipment licence non-transferable

44. An equipment licence is not transferable and may be used only by the person who is granted the licence.

Section 45 BPE contractor licence required

45. A person must not perform or employ a person to perform any of the following regulated work without a BPE contractor licence:

(a) work as a manufacturer, fabricator, installer or contractor on a regulated product;

(b) work to repair or alter a regulated product;

(c) pressure welding on a regulated product;

(d) conducting pressure welder proficiency tests;

(e) work as part of an organization involved in fabricating, installing, repairing or altering a regulated product.

Section 46 Producing BPE contractor licence on request

46. (1) A holder of a BPE contractor licence must produce their licence for review when requested by a BPE inspector.

(2) Failing to produce a BPE contractor licence when requested by a BPE inspector is prima facie evidence that the person does not hold a BPE contractor licence.

Section 47 Applying for BPE contractor licence

47. (1) An application for a BPE contractor licence must be accompanied by payment of the BPE fees and include a quality program in Section 53 acceptable to the BPE chief inspector for any regulated product or any regulated work to be carried out.

(2) The BPE chief inspector may impose any terms or conditions on a BPE contractor licence that the BPE chief inspector considers necessary.

Section 48 Keeping BPE chief inspector informed of scope of regulated work

48. A BPE contractor licence holder must keep the BPE chief inspector informed of the scope of the regulated work being carried out under their licence.

Section 49 Pressure welding procedure

49. (1) A pressure welding employer must ensure that a pressure welding procedure that meets the requirements in this Section is in place.

(2) A pressure welding procedure must be prepared, tested and certified in accordance with the BPE standards and registered with the BPE chief inspector.

(3) A pressure welding procedure that is prepared within the Province must be approved by the BPE chief inspector.

(4) A pressure welding procedure that is prepared outside the Province must be approved by the authority having jurisdiction for that jurisdiction and a record of the approval must be submitted to the BPE chief inspector.

Section 50 Pressure welding proficiency tests conducted

50. (1) A pressure welding employer must conduct a pressure welding proficiency test of each individual who is to be employed by them to perform pressure welding, using an approved pressure welding procedure and in the presence of a BPE inspector.

(2) A pressure welding employer must keep records of the data from completed pressure welder proficiency tests and have it available to be inspected if requested by a BPE inspector.

Section 51 Pressure welding employer to ensure requirements for pressure welding met

51. (1) Only a BPE contractor licence holder can be a pressure welding employer.

(2) A pressure welding employer must ensure that an employee does not perform pressure welding for them unless all of the following are met:

(a) the employee holds a pressure welder licence that authorizes the regulated work;

(b) the employer is the employer named on the welder's pressure welder licence.

(3) A pressure welding employer must not permit pressure welding to be done on any regulated product unless the requirements for pressure welding in Sections 56 to 69 are met.

Section 52 Quality of pressure welding work and welds

52. (1) The BPE inspector may require a non-destructive examination of any pressure weld or pressure welder's work that the BPE inspector considers to be of questionable quality.

(2) A BPE contractor licence holder must ensure that a defective weld identified by a non-destructive examination is repaired and its quality verified by further non-destructive examination until a BPE inspector is satisfied with the quality of the weld.

Section 53 BPE contractor licence holder quality program

53. (1) A BPE contractor licence holder must file with the BPE chief inspector a quality program for any regulated products or regulated work to be carried out and have it accepted by the BPE chief inspector.

(2) A BPE contractor licence holder must implement a quality program accepted under subsection (1) to the satisfaction of the BPE chief inspector.

(3) A BPE contractor licence holder quality program must include a written manual in which all action taken under the program is recorded.

(4) A pressure welding employer must include a method for tracking a pressure welder's history in their quality program under subsection (1).

(5) To meet the requirement in subsection (4), a pressure welding employer may create and maintain a pressure welder history log for each pressure welder in their employ to ensure the pressure welder's continuity and that a pressure welder undergoes a pressure welder proficiency test as required by Section 50.

Section 54 Expiry and renewal of BPE contractor licence

54. (1) A BPE contractor licence is valid until the expiry date provided on the licence unless it is suspended or revoked earlier by the BPE chief inspector.

(2) A holder of a BPE contractor licence that has expired or will soon expire may reapply for a BPE contractor licence under Section 47 by submitting their BPE contractor licence number and any information required by that Section as determined by the BPE chief inspector.

Section 55 BPE contractor licence non-transferable

55. A BPE contractor licence is not transferable and may be used only by the person who is granted the licence.

Section 56 Pressure welder licence required

56. (1) A person must hold a pressure welder licence in the appropriate class to weld on any regulated product except if

(a) they are deemed to hold a licence under Section 52 of the Act; or

(b) they are exempted under subsection (2).

(2) An individual who works exclusively as a welding operator on fully automatic equipment is exempt from the requirement to have a pressure welder licence in subsection (1).

Section 57 Classes of pressure welder licences

57. The 2 classes of pressure welder licences are as follows:

(a) pressure welder (pressure plate) licence;

(b) pressure welder (pressure piping) licence.

Section 58 Information on welder licence

58. A pressure welder licence must specify all of the following:

(a) the class of the licence;

(b) the scope of the work authorized by the licence, including the welding methods, processes, positions and thickness ranges;

(c) the name of the pressure welding employer the licensee is authorized to perform pressure welding for;

(d) any terms or conditions for the licence.

Section 59 Producing pressure welder licence on request

59. (1) A person conducting the work of a pressure welder must produce their pressure welder licence for review when requested by a BPE Inspector.

(2) Failing to produce a pressure welder licence that names the pressure welding employer and is of the correct class and scope of work for the work being conducting is prima facie evidence that the person does not hold the correct pressure welder licence for the work.

Section 60 Pressure welder proficiency test

60. (1) Except as provided in subsection 65(3), an applicant for a pressure welder licence must successfully complete a pressure welder proficiency test for the class and in all welding methods, processes, positions and thickness ranges to be included in the scope of practice of the licence they are applying for.

(2) A pressure welding employer must ensure that all of the following are done when conducting a pressure welder proficiency test for an applicant for a pressure welder licence:

(a) the results are recorded on the application in a format set by the BPE chief inspector;

(b) the test is conducted before establishing a pressure welder history log for the applicant;

(c) the test is witnessed and the results approved by a BPE inspector;

(d) the test is completed in accordance with the pressure welding procedure registered to the pressure welding employer under subsection 49(2);

(e) the test is completed in accordance with the BPE standards and the welding methods, processes, positions and thickness ranges are within those required for the regulated work that the pressure welding employer is authorized to perform.

(3) A BPE inspector may require a pressure welder to retake a pressure welder proficiency test if the BPE inspector questions the quality of the pressure welder's work.

Section 61 Applying for pressure welder proficiency test (pressure plate)

61. An applicant for a pressure welder proficiency test leading to a pressure welder (pressure plate) licence must pay the applicable BPE fees and provide proof satisfactory to the BPE chief inspector that they meet the qualifications in Section 62.

Section 62 Qualifications for pressure welder proficiency test (pressure plate)

62. An applicant for a pressure welder proficiency test leading to a pressure welder (pressure plate) licence must be employed by a pressure welding employer who holds a BPE contractor licence and must meet 1 of the following practical and educational qualifications:

(a) hold a journeyperson status in welding or an Interprovincial Standards (Red Seal) Program certificate of qualification in welding issued by the Canadian Council of Directors of Apprenticeship;

(b) have successfully completed a welding diploma program recognized by the BPE chief inspector;

(c) have completed at least 1 year of practical experience in welding;

(d) have been issued a welding qualification by a recognized certification organization for welding testing or an authority having jurisdiction for all of the welding methods, processes, positions and thickness ranges they are applying to be tested on.

Section 63 Applying for pressure welder proficiency test (pressure pipe)

63. An applicant for a pressure welder proficiency test leading to a pressure welder (pressure pipe) licence must pay the applicable BPE fees and provide proof satisfactory to the BPE chief inspector that they meet the qualifications in Section 64.

Section 64 Qualifications for pressure welder proficiency test (pressure pipe)

64. An applicant for a pressure welder proficiency test leading to a pressure welder (pressure pipe) licence must be employed by a pressure welding employer who holds a BPE contractor licence and must meet the following qualifications:

(a) have successfully completed a preliminary welder proficiency test conducted by a BPE inspector;

(b) 1 of the following practical and educational qualifications:

(i) hold a journeyperson status in welding or an Interprovincial Standards (Red Seal) Program certificate of qualification in welding issued by the Canadian Council of Directors of Apprenticeship,

(ii) have successfully completed a pressure pipe welding course recognized by a recognized certification organization,

(iii) have completed at least 2 years of practical experience in welding that includes open root welding,

(iv) have been issued a pressure pipe welding qualification by a recognized certification organization for welding testing or an authority having jurisdiction, for all the welding methods, processes, positions and thickness ranges they are applying to be tested on.

Section 65 Applying for pressure welder licence

65 (1) A BPE contractor may apply to the BPE chief inspector on behalf of an employee for a pressure welder licence for the employee.

(2) An application for a pressure welder licence for an individual must include the applicable BPE fees and all of the following:

(a) except as provided in subsection (3), proof that the individual has successfully completed a pressure welder proficiency test under these regulations for the class and in all welding methods, processes, positions and thickness ranges to be included in the scope of the pressure welder licence applied for;

(b) the name of the individual's pressure welding employer and the employer's BPE contractor licence number.

(3) An individual who is a qualified welder, brazer or welding operator under the Steam Boiler and Pressure Vessel Act and the Steam Boiler and Pressure Vessel Regulations on the date these regulations come into force is exempt from the requirement to take a pressure welder proficiency test under Section 60 to apply for a pressure welder licence if their application includes all of the following in addition to subsection (2):

(a) the individual's existing qualification;

(b) evidence satisfactory to the BPE chief inspector that the individual has experience equal to that required for a pressure welder proficiency test in the class and in all welding methods and processes and for each position and thickness range to be included in the scope of the pressure welder licence applied for.

Section 66 Card with information about pressure welder licence

66. The BPE chief inspector must provide a pressure welding employer named on a pressure welder's licence with a card that has information about the pressure welder licence so that the employer can make a copy of the card before giving the card to the pressure welder.

Section 67 Welding restricted to named pressure welding employer

67. (1) A pressure welder must not perform pressure welding for an employer other than the pressure welding employer named on their pressure welder licence.

(2) If a pressure welder wants to change the employer named on their pressure welder licence, the BPE contractor licence holder who is the new employer must apply to the BPE chief inspector on behalf of the pressure welder for the change.

(3) A BPE contractor licence holder applying under subsection (2) must state the welding methods and processes, positions and thickness ranges required for the regulated work that their business is authorized to perform.

Section 68 Expiry and renewal of pressure welder licence

68. (1) A pressure welder licence is valid until the expiry date specified on the licence unless it is suspended or revoked earlier by the BPE chief inspector.

(2) A BPE contractor licence holder may apply under Section 65 to renew an employee's pressure welder licence.

Section 69 Pressure welder licence non-transferable

69. A pressure welder licence is not transferable and may be used only by the person who is granted the licence.

Section 70 BPE certificate of competency (inspections) required

70. An individual must hold a BPE certificate of competency (inspections) to be a boiler inspector and perform the regulated work of inspections for certification of boilers, pressure vessels or pressure piping systems.

Section 71 Applying for BPE certificate of competency (inspections)

71. An applicant for a BPE certificate of competency (inspections) must submit payment of any applicable BPE fees together with proof satisfactory to the BPE chief inspector of all of the following to the BPE chief inspector:

(a) that the applicant meets the qualifications in Section 72;

(b) that the applicant has sufficient education and experience with pressure equipment.

Section 72 Qualifications for BPE certificate of competency (inspections)

72. An applicant for a BPE certificate of competency must meet all of the following qualifications:

(a) they must be employed by 1 of the following:

(i) the Province or a recognized authority having jurisdiction in a jurisdiction outside the Province,

(ii) an insurance company that provides insurance coverage for boilers,

(iii) an owner or user of a regulated product who has implemented a quality program that is registered with the Province;

(b) they must meet 1 of the following experience requirements:

(i) they hold an NBBI commission or an API 510 certification through the American Petroleum Institute (API) that was issued in the 5 years immediately before their application,

(ii) they have passed either the NBBI commission exam or the API 510 certification process in the 5 years immediately before their application,

(iii) they have been recognized as a boiler standards safety officer by an authority having jurisdiction in a jurisdiction outside the Province in the 5 years immediately before their application.

Section 73 Producing BPE certificate of competency (inspections) when requested

73. (1) A BPE certificate of competency (inspections) holder must produce their certificate of competency for review when requested by a BPE inspector.

(2) Failing to produce a BPE certificate of competency (inspections) when requested is prima facie evidence that the person does not hold a BPE certificate of competency (inspections).

Section 74 Term of BPE certificate of competency (inspections)

74. (1) A BPE certificate of competency (inspections) is valid unless suspended or revoked by the BPE chief inspector.

(2) The BPE chief inspector may refuse to grant a BPE certificate of competency (inspections) if it would be contrary to the Act, these regulations, the BPE standards, or a term or condition of the certificate of competency.

(3) The BPE chief inspector may suspend or revoke a BPE certificate of competency (inspections) if the holder acts contrary to the Act, these regulations, the BPE standards, or a term or condition of the certificate of competency

Section 75 BPE certificate of competency non-transferable

75. A BPE certificate of competency (inspections) is not transferable and may be used only by the individual who is granted the certificate of competency.

Section 76 Individual assisting with inspections

76. (1) To be assisted in their inspections by an individual, a BPE certificate of competency (inspections) holder must file with the BPE chief inspector a quality program for individuals assisting in the performing of the regulated work of conducting inspections and have it accepted by the BPE chief inspector.

(2) A BPE certificate of competency (inspections) holder must implement a quality program accepted under subsection (1) to the satisfaction of the BPE chief inspector.

(3) A BPE certificate of competency (inspections) holder being assisted in their inspections by an individual must ensure that subsections (1) and (2) are complied with and that all of the following conditions are met:

(a) the BPE certificate of competency (inspections) holder is directly involved in the inspection;

(b) a BPE certificate of competency (inspections) holder is present at the site of the inspection;

(c) the individual assisting in inspections is trained in conducting inspections.

Section 77 Recognition of authorization from other jurisdiction

77. (1) An individual who holds an authorization to perform regulated work from an authority having jurisdiction in a jurisdiction outside the Province or from a recognized certification organization may apply to the BPE chief inspector for an equivalent authorization under the Act and these regulations.

(2) An individual described in subsection (1) may be granted an equivalent authorization under the Act and these regulations if the individual pays the applicable BPE fee and submits all of the following to the BPE chief inspector:

(a) a valid authorization from the other jurisdiction;

(b) proof satisfactory to the BPE chief inspector that the individual meets the following requirements:

(i) they have experience and qualifications equivalent to the requirements under the Act and these regulations for the authorization the individual is applying for,

(ii) if the licence applied for is a pressure welder licence, they have successfully completed the pressure welder proficiency test in the class and in the welding methods and procedures and for each position and thickness range to be included in the scope of work of the pressure welder licence.

Section 78 Fraudulent use of authorization

78. A person must not make fraudulent use of a certificate of competency, licence or permit under these regulations.

Section 79 Incompetence or gross negligence

79. A person who holds a certificate of competency, licence or permit under these regulations must not act incompetently or with gross negligence when acting under the authority of their certificate of competency, licence or permit.