C. 29. Suspension And Cancelation Of Certificate Of Competency Flashcards
What happens if the Chief Inspector is from information laid before him of the opinion that the holder of a mine manager’s, mechanical or electrical engineer’s, mine surveyor’s, mine assayer’s or mine overseer’s certificate issued in accordance with these regulations or any amendments thereof or heretofore issued under any law in force in any province of the Republic, has been guilty of gross negligence or misconduct or non-compliance with these regulations?
29.1.1 If the Chief Inspector is from information laid before him of the opinion that the holder of a mine manager’s, mechanical or electrical engineer’s, mine surveyor’s, mine assayer’s or mine overseer’s certificate issued in accordance with these regulations or any amendments thereof or heretofore issued under any law in force in any province of the Republic, has been guilty of gross negligence or misconduct or non-compliance with these regulations, he may forthwith suspend or cancel such certificate or may submit the matter for inquiry and report to the respective commissions of examiners appointed under the said regulations, and may, on the recommendation of such commission, suspend or cancel such certificate, in which case the holder thereof may appeal to the Minister, who shall, if the matter has not been reported on by the commission of examiners, submit it for inquiry and report to a person or person designated by him. Provided that all suspended or cancelled certificates, including an engine driver’s or boiler attendant’s certificate, shall be returned by the holder to the Chief Inspector within two weeks of the date of suspension or cancellation.
When may the Chief Inspector cancel and retain any certificate issued in accordance with these regulations or any subsequent amendments thereof, or heretofore issued under any law in force in any province of the Republic?
29.1.2 The Chief Inspector may cancel and retain any certificate issued in accordance with these regulations or any subsequent amendments thereof, or heretofore issued under any law in force in any province of the Republic if, in his opinion, such certificate is being fraudulently or improperly used.
When may the Principal Inspector of Mines suspend such certificate for a winding-engine driver, locomotive-engine driver, stationary-engine driver or boiler attendant?
29.2.1 If at any time a winding-engine driver, locomotive-engine driver, stationary-engine driver or boiler attendant, being the holder of a certificate issued in accordance with these regulations or heretofore issued under any law in force in any province of the Republic, is, in the opinion of any Principal Inspector of Mines, guilty of misconduct or gross negligence in the execution of his duties, or suffer any infirmity, likely to be detrimental to the efficient discharge of his duties, such Principal Inspector of Mines may suspend such certificate or recommend the same to the Chief Inspector for cancellation or both.
To whom shall the winding-engine driver, locomotive-engine driver, stationary-engine driver or boiler attendant have the right to appeal to when Their certificates have been suspended?
29.2.2 The winding-engine driver, locomotive-engine driver, stationary-engine driver or boiler attendant shall have the right to appeal from such decision to the Chief Inspector as in the manner hereafter provided.
What must happen when PIM suspends a certificate?
- 2.3 The Principal Inspector of Mines shall immediately report such suspension or recommendation to the Chief Inspector who, on receipt of such appeal as aforesaid, may submit the matter for inquiry and report to the commission of examiners appointed under the said regulations.
- 2.4 The Chief Inspector may confirm such suspension or cancel such certificate or take such other action as may seem to him desirable under the circumstances.
- 2.5 Any such suspension, if confirmed by the Chief Inspector may be noted on the certificate.
What happens if the holder of a blasting certificate, an onsetter’s certificate or a lampman’s certificate issued in accordance with these regulations is, in the opinion of any regional director guilty of misconduct or gross negligence in the execution of his duties, or suffers from any infirmity likely to be detrimental to the efficient discharge of his duties
29.3 If the holder of a blasting certificate, an onsetter’s certificate or a lampman’s certificate issued in accordance with these regulations is, in the opinion of any regional director guilty of misconduct or gross negligence in the execution of his duties, or suffers from any infirmity likely to be detrimental to the efficient discharge of his duties, such regional director may immediately suspend or cancel such certificate, in which case the holder of such certificate may appeal against such decision to the Chief Inspector in a manner hereinafter stipulated, and the Chief Inspector shall either personally or by deputy decide such appeal.
What is the requirements for appealing?
29.4 Any person wishing to appeal under any regulation contained in this chapter shall proceed with his appeal within 30 days after receiving notice that his certificate has been suspended or cancelled or recommended for cancellation, as the case may be, by filing with the Minister or with the Chief Inspector a written statement setting out the grounds upon which the appeal is based.
