9. Supervision of specified activities

This regulation does not apply to any specified activity with an approved plan, if the plan —

does not require the Commissioner’s approval; and

is prepared and submitted in accordance with regulation 5(1)(b)(ii)(B).

A contractor of any specified activity to be carried out in a public sewer corridor must —

appoint the following person as a supervisor to supervise the carrying out of the activity:

if the plan for the activity requires the Commissioner’s approval, the qualified person who prepared the application for the approval of the plan;

if the plan for the activity does not require the Commissioner’s approval, the registered professional engineer who prepared the application for the approval of the plan; and

ensure at all times when the activity is carried out, that it is supervised by the supervisor appointed under sub‑paragraph (a).

A contractor who contravenes paragraph (2) shall be guilty of an offence.

The supervisor must —

exercise due diligence in supervising and inspecting the carrying out of the activity;

take all reasonable steps when supervising and inspecting the carrying out of the activity, to ensure that the activity is carried out in accordance with —

the Act;

these Regulations;

the approved plan for the activity; and

any condition or requirement imposed by the Board under regulation 5(3), 12(1)(a) or 15(2)(a);

notify the Board of any contravention of —

the Act;

these Regulations; or

any condition or requirement imposed by the Board under regulation 5(3), 12(1)(a) or 15(2)(a);

keep and maintain at the premises at which the activity is carried out, such document, book or record as the Board may require;

carry out the inspection of the activity in such manner as the Board may require;

submit to the Board a declaration and certificate of completion of works relating to the activity in such form and at such time as the Board specifies; and

submit such other document to the Board at such time as the Board may specify.

Any supervisor who contravenes paragraph (4) shall be guilty of an offence.

In any prosecution against a person for failing to comply with paragraph (4)(c), it is a defence for the person to prove to the satisfaction of the court that he or she could not reasonably have discovered the contravention mentioned in the charge.

This regulation does not apply to any specified activity with an approved plan, if the plan —

does not require the Commissioner’s approval; and

is prepared and submitted in accordance with regulation 5(1)(b)(ii)(B).

A contractor of any specified activity to be carried out in a public sewer corridor must —

appoint the following person as a supervisor to supervise the carrying out of the activity:

if the plan for the activity requires the Commissioner’s approval, the qualified person who prepared the application for the approval of the plan;

if the plan for the activity does not require the Commissioner’s approval, the registered professional engineer who prepared the application for the approval of the plan; and

ensure at all times when the activity is carried out, that it is supervised by the supervisor appointed under sub‑paragraph (a).

A contractor who contravenes paragraph (2) shall be guilty of an offence.

The supervisor must —

exercise due diligence in supervising and inspecting the carrying out of the activity;

take all reasonable steps when supervising and inspecting the carrying out of the activity, to ensure that the activity is carried out in accordance with —

the Act;

these Regulations;

the approved plan for the activity; and

any condition or requirement imposed by the Board under regulation 5(3), 12(1)(a) or 15(2)(a);

notify the Board of any contravention of —

the Act;

these Regulations; or

any condition or requirement imposed by the Board under regulation 5(3), 12(1)(a) or 15(2)(a);

keep and maintain at the premises at which the activity is carried out, such document, book or record as the Board may require;

carry out the inspection of the activity in such manner as the Board may require;

submit to the Board a declaration and certificate of completion of works relating to the activity in such form and at such time as the Board specifies; and

submit such other document to the Board at such time as the Board may specify.

Any supervisor who contravenes paragraph (4) shall be guilty of an offence.

In any prosecution against a person for failing to comply with paragraph (4)(c), it is a defence for the person to prove to the satisfaction of the court that he or she could not reasonably have discovered the contravention mentioned in the charge.