Electricity and Gas Inspection Act

This Act may be cited as the Electricity and Gas Inspection Act.

In this Act,

accredited meter verifier means any person accredited under section 10; (vérificateur accrédité)

apparatus includes any machine, instrument or device; (appareil)

contractor means any person or body that has undertaken to supply electricity or gas to any purchaser; (fournisseur)

director means the director appointed under subsection 26(1); (directeur)

functions includes powers conferred and duties imposed by or under this Act; (fonctions)

gas includes natural gas and manufactured gas; (gaz)

inspector means any officer appointed under the authority of this Act and, in relation to any functions that may be executed by such an officer, includes any person designated under subsection 26(3) for the purpose of executing those functions; (inspecteur)

meter means an electricity or gas meter and includes any apparatus used for the purpose of making measurements of, or obtaining the basis of a charge for, electricity or gas supplied to a purchaser; (compteur)

Minister means the Minister of Industry; (ministre)

prescribed means prescribed by regulation; (Version anglaise seulement)

purchaser means any person to whom electricity or gas is sold; (consommateur)

verified meter means a meter that has been verified in accordance with this Act and the regulations. (compteur vérifié)

The rendering ineffective of a seal pertaining to any meter shall, for the purposes of this Act, be deemed to constitute breaking the seal.

Any reference in this Act, except in subsection 23(2), to the owner of a meter shall, in the case of a meter used by a contractor for any purpose mentioned in subsection 9(1), be construed as a reference to the contractor.

Subject to subsection (2) and the regulations,

the unit of measurement for the sale of electricity shall be

the watt hour,

the volt-ampere hour,

the var hour, or

the joule; and

the unit of measurement for the sale of gas shall be

in the case of sale by volume, the cubic metre or the cubic foot,

in the case of sale by energy units, the joule or the British Thermal Unit, and

in the case of sale by mass, the kilogram.

Any requirement of this section that a unit of measurement be a unit specified in subsection (1) is sufficiently complied with if the unit of measurement but nothing in this subsection applies to a cubic foot specified in subparagraph (1)(b)(i) or a British Thermal Unit specified in subparagraph (1)(b)(ii).

is any multiple or submultiple of the unit so specified, and

is capable of being expressed by way of a prefix specified in Part V of Schedule I to the Weights and Measures Act,

All standard apparatus necessary to establish the units of measurement for sales referred to in section 3 shall remain in the custody of the Minister and form part of the system of reference standards referred to in the Weights and Measures Act.

No measuring apparatus, other than a standard designated under section 13 of the Weights and Measures Act, that is required for measurement or examination of electricity, gas or meters shall be used by an accredited meter verifier unless in prescribed manner.

the apparatus is calibrated, and

such calibration is certified,

The director shall maintain, in accordance with the regulations, a register for the registration of contractors.

No contractor shall sell electricity or gas on the basis of measurement unless he holds a certificate of registration issued under the authority of this subsection in respect of the supply of electricity or gas, as the case may be.

Where a contractor ceases to sell electricity or gas on the basis of measurement, the contractor shall forthwith give notice, in prescribed manner, to the director to that effect and return to the director the certificate of registration referred to in subsection (2).

A contractor may, at all reasonable times, for the purpose of enter any premises belonging to or occupied by the purchaser to whom the contractor has undertaken to supply the electricity or gas.

inspecting, testing, installing, repairing, removing or changing, when it is lawful for him to do so, any meters, wiring, piping, fittings or other apparatus of the contractor for the measurement or conveyance of electricity or gas supplied by him, or

ascertaining the quantity or making other measurements of the electricity or gas consumed or supplied,

A contractor that has exercised any right of entry pursuant to subsection (1) is responsible for, and shall forthwith repair and make good, all damage caused by the entry or by any inspection, testing, installation, repair, removal or change for the purpose of which the contractor has exercised that right.

A contractor shall, if the regulations so require, report at prescribed intervals to the director, in respect of any gas supplied by the contractor, such particulars of the service pressures as are prescribed.

Subject to subsections (2) and (3), where a contractor or purchaser intends to use or cause to be used a meter for the purpose of obtaining the basis of a charge for electricity or gas supplied by or to him, the meter shall not, until it has been verified and sealed in accordance with this Act and the regulations, be put into service.

The director may grant permission for the putting into service, without verification and sealing or without sealing, of any meter or any class, type or design of meter on a temporary basis under such terms and conditions and for such period as the director stipulates.

The director may grant approval for the putting into service, without verification and sealing or without sealing, of any meter or any class, type or design of meter.

No meter shall be verified pursuant to this Act until it or the class, type or design of meter to which it belongs has received the approval of the director.

Subject to the regulations, any person

may, on making application in prescribed manner, be accredited by the director for purposes of the verification, sealing, reverification and resealing of any meter or any class, type or design of meter and the execution of prescribed incidental functions by that person or their employee, agent or mandatary; and

shall, in the event of the granting of the application under paragraph (a), be issued with a certificate of accreditation in prescribed form by the director.

A permission granted under subsection 9(2) may, by notice given in prescribed manner, be revoked by the director for failure to comply with any of the terms or conditions on which the permission was granted.

Any approval granted under subsection 9(3) or (4) or accreditation granted under section 10 may, by notice given in prescribed manner, be revoked by the Minister for failure to comply with any conditions to which that approval or accreditation has been made subject in accordance with the regulations.

Where a permission under subsection 9(2) or an approval under subsection 9(3) is revoked, any meter that is in service pursuant to the permission or approval at the time of the revocation shall thereupon be taken out of service unless, in the case of revocation of an approval, the notice of revocation otherwise provides.

No permission under subsection 9(2), approval under subsection 9(3) or (4) or accreditation under section 10 shall be revoked unless

notice of the proposal to revoke it has been given in prescribed manner;

any interested person objecting to the proposal has been afforded reasonable opportunity to make representations with respect to his objection; and

the representations, if any, so made have been taken into account in deciding whether to implement such proposal.

Within the meter shall be submitted to reverification, together with resealing or marking, or to cancellation of the seal or mark, as the case may require, under this Act and the regulations.

the period of eight years from verification, and the period of eight years from each reverification, of a meter used for the purpose of obtaining the basis of a charge for electricity,

the period of seven years from verification, and the period of seven years from each reverification, of a meter used for the purpose of obtaining the basis of a charge for gas, or

such other period from any or each verification or reverification of a meter as may be determined in any case or class of cases by the director,

No period determined under paragraph (1)(c) for any reverification shall be shorter than the period specified therefor in paragraph (1)(a) or (b) unless the director so determines the period under paragraph (1)(c) with the approval of the Minister, in which event the director shall cause to be given, in prescribed manner and before a prescribed time prior to expiration of the period determined under paragraph (1)(c), notice that the reverification within the period so determined, instead of within the period so specified, is required.

The power to deal with a meter in any manner provided or referred to in section 12 or specified or authorized pursuant to paragraph 28(1)(c) or (d) may be exercised by an inspector, on the general or special instructions of the director, whether or not the meter may be or has been so dealt with by an accredited meter verifier.

On verification or reverification of a meter by an inspector or an accredited meter verifier who is not the owner of the meter, the inspector or meter verifier shall, in prescribed manner, issue to the owner a certificate containing prescribed particulars respecting the verification or reverification.

No meter shall be verified, sealed, reverified or resealed by any person other than an inspector or an accredited meter verifier, and no person,

other than an inspector, shall break the seal of any verified meter the correctness of which is in dispute; or

other than an inspector, an accredited meter verifier or the owner, shall, except as prescribed, break the seal of any verified meter.

Except as otherwise provided by or pursuant to this Act, no meter on which the seal has been broken shall be put into service or continued in use until it has been reverified and resealed.

The owner of each verified meter that is in use shall keep it in good repair and is responsible for causing it to be dealt with in accordance with the requirements of this Act and the regulations, and, subject to those requirements, the owner is liable to pay any fees chargeable for dealing with the meter in accordance with those requirements.

An owner referred to in subsection (1) shall keep records containing such information related to the administration of this Act, in such form, at such place and for such period as may be prescribed.

Every accredited meter verifier shall keep records containing such information related to the administration of this Act, in such form, at such place and for such period as may be prescribed.

All records kept pursuant to sections 16 and 17 shall be open for examination by an inspector during normal business hours and the inspector may make such copies thereof or extracts therefrom as he may require.

Every contractor shall provide free of charge, at such place or places as the director may designate for the purpose of making such tests of the electricity or gas and of any of the meters and other apparatus relating to that supply as the director deems necessary for the purposes of this Act.

where the supply of electricity is undertaken by him, electricity, equipment and all reasonable facilities, and

where the supply of gas is undertaken by him, gas, equipment and all reasonable facilities,

Any premises may, at all reasonable times, be entered

by any inspector, where on reasonable grounds he believes the entry to be required, for the purpose of exercising any power conferred on him by section 13 or 18; or

by any accredited meter verifier, where on reasonable grounds he believes the entry to be required, for the purpose of executing, in respect of a meter on or in those premises, any functions relating or incidental to its verification or reverification.

The owner or person in charge of, and every person employed in, premises entered by an inspector or an accredited meter verifier pursuant to section 20 or subsection 26(6) shall give the inspector or accredited meter verifier all reasonable assistance in his power to enable the inspector or accredited meter verifier to execute his functions pursuant to this Act and shall furnish him with such information with respect to the administration of this Act and the regulations as he may reasonably require.

The director may, by notice in writing given in prescribed manner to the owner of any meter, require the withdrawal of the meter from service if the director, having regard to the requirements of this Act and the regulations with respect to that meter or to meters of its class, type or design, believes on reasonable grounds that the withdrawal is necessary.

An owner to whom notice is given under subsection (1) shall forthwith take all reasonable steps to comply therewith.

At the request of a contractor or purchaser who is dissatisfied with the condition or registration of any meter used in respect of electricity or gas supplied by or to him, an inspector shall proceed in prescribed manner and shall collect such payments, from such persons, at or within such times and for the provision of such services and facilities incidental to proceeding in that manner as are prescribed.

Where an inspector proceeds in the matter of any request pursuant to subsection (1), he shall issue to each person directly concerned with the matter, including the owner of any meter tested by the inspector in the course of so proceeding, a certificate setting forth the inspector’s findings with respect to that matter and findings so set forth shall include the result of the test, if any.

Where a person who is provided with a certificate of findings by an inspector pursuant to subsection (2) gives notice to the inspector within a prescribed time that he is dissatisfied with the findings, the inspector shall refer the matter to the director for reconsideration in prescribed manner.

The decision of the director on a matter referred to him pursuant to subsection (3) is final and conclusive.

Subject to subsections (2) to (4), where, on a proceeding in the matter of any request pursuant to section 23, a meter is found to register with an error not permitted by the regulations, the error shall be deemed to have existed from the commencement of the period of three months before the date of the receipt of the request, or from the date on which the meter was last sealed if the sealing took place within that period.

Subject to subsections (3) and (4), where, on a proceeding in the matter of any request pursuant to section 23, a meter is found to register with an error not permitted by the regulations and the meter was, at the date of the receipt of the request, more than three months past due for reverification, the error shall be deemed to have existed from the date on which the meter was last required to be reverified.

Subject to subsection (4), where, on a proceeding in the matter of any request pursuant to section 23, it is found that any error resulting therefrom and not permitted by the regulations shall be deemed to have existed from the time of installation of the meter so connected or for the period that the apparatus or multiplier has been in use, as the case may be.

a meter has been incorrectly connected,

there has been an incorrect use of any prescribed apparatus respecting the registration of a meter, or

an incorrect multiplier has been used,

Where the duration of the existence of an error referred to in subsection (1), (2) or (3) is, on a proceeding mentioned therein, determined from past readings of a meter or other information, nothing in subsection (1), (2) or (3) applies to that error.

A contractor or purchaser, as the case may be, is liable for the amount of the charge for electricity or gas determined on the basis of the full error and the time for which the error is, as provided in subsection (1), (2) or (3) or contemplated in subsection (4), deemed or determined to have existed.

No person who may recover an amount from any other person by virtue of subsection (1), (2) or (3) and pursuant to subsection (5) is precluded thereby from having, proving or enforcing any right he may otherwise have to recover from the other person a sum in excess of that amount.

A contractor or purchaser may at any time, on payment of the prescribed fee, require an inspector to test the voltage of the supply of electricity and to furnish a certificate thereof.

There shall be appointed, in accordance with the Public Service Employment Act, a director and such other officers and employees as are necessary for the administration of this Act.

The director has, under the Minister, the direction and general supervision of the administration and enforcement of this Act.

Despite anything in this Act, except as provided in subsections (5) and (5.1), any functions that pertain to an inspector’s office may be performed by any person who is designated as an inspector by the Minister for the purpose of the performance of those functions.

A person who has been designated under subsection (3) has, in relation to the execution of any functions pursuant thereto, the privileges and immunities of a holder of the office of inspector in so far as they may relate to the execution of such functions.

No person who is an accredited meter verifier or a seller of electricity, gas or meters or who is employed by or is the agent or mandatary of an accredited meter verifier or a seller of electricity, gas or meters may be appointed or designated under this section or act as a person so appointed or designated.

A person designated as an inspector under subsection (3) is not authorized to exercise the powers set out in subsection 29.12(1).

Subject to subsection (7), an inspector may, at all reasonable times, for the purpose of performing any function pursuant to this Act, enter any premises where electricity or gas is being generated, produced, stored, distributed or used.

Where any premises referred to in subsection (6) is a dwelling-house, an inspector may not enter that dwelling-house without the consent of the occupant except under the authority of a warrant issued under subsection (8).

Where on ex parte application a justice of the peace is satisfied by information on oath the justice of the peace may issue a warrant under his hand authorizing an inspector to enter that dwelling-house subject to such conditions as may be specified in the warrant.

that entry to a dwelling-house is necessary for the purpose of performing any function pursuant to this Act, and

that entry to the dwelling-house has been refused or that there are reasonable grounds for believing that entry thereto will be refused,

In executing a warrant issued under subsection (8), the inspector named therein shall not use force unless the inspector is accompanied by a peace officer and the use of force has been specifically authorized in the warrant.

All prescribed fees and charges determined by virtue of any regulation that are received in respect of the execution of the functions of inspectors form part of the Consolidated Revenue Fund and shall be accounted for and paid to the Receiver General at such times and in such manner as the Receiver General directs.

All prescribed fees and charges determined by virtue of any regulation that are payable pursuant to this Act shall be recoverable as a debt due to the Crown.

The Governor in Council may make regulations for carrying out the purposes and provisions of this Act and, without limiting the generality of the foregoing, may make regulations

establishing or providing for the establishment of

specifications relating to design, composition, construction and performance to which any meter or class, type or design of meter shall conform before permission or approval as regards that meter or class, type or design of meter may be given pursuant to section 9, and

specifications relating to the installation and use of any meter or any class, type or design of meter;

prescribing, notwithstanding anything in the Weights and Measures Act, any units of measurement in lieu of, or as alternatives or in addition to, units specified, whether as alternatives or otherwise, in section 3;

specifying or providing for specification of the manner in which meters of any class, type or design, or in any circumstances, are to be tested, verified, sealed, reverified or resealed and the manner and circumstances in which those meters are to be stamped, restamped, labelled, relabelled, tagged, retagged or otherwise marked;

authorizing the director to establish plans for the verification and reverification of meters of any class, type or design, or in any circumstances, by statistical means on the basis of sampling;

prescribing the fees payable by any person for any certificate, inspection or service provided by an inspector pursuant to this Act;

determining the nature of any charges that a person may be required to pay in relation to any inspection or service provided by an inspector pursuant to this Act and the manner in which those charges shall be determined;

prescribing the time when, or period of time within which, and the manner in which any of the fees and charges referred to in paragraphs (e) and (f) shall be paid;

specifying the variations in the conditions of supply within which the readings of any verified meter or of verified meters of any class, type or design shall be lawful;

prescribing

records and documents to be kept, made, issued or used for the purposes of this Act, the form thereof and the information to be contained therein, and

the time when, or period of time for or within which, and the manner in which any of the records and documents referred to in subparagraph (i) are to be kept, made, issued or used for the purposes of this Act;

prescribing and specifying or providing for specification of conditions to which any grant shall be or may be made subject;

requirements to be satisfied before the director may grant any permission, approval or accreditation pursuant to this Act, and

the procedure for making application for the grant of any permission, approval or accreditation or for registration under section 6,

prescribing functions of inspectors and governing the execution of their functions;

prescribing the conditions and manner of determination of units of measurement referred to in this Act;

governing the pressure under which gas is to be supplied;

providing for determination of the quantity, energy density or energy concentration of gas and establishing standards therefor;

specifying or providing for specification of the manner of making such tests, other than those in regard to meters, as are required under this Act;

authorizing the director to delegate his functions under any provision of this Act, other than subsection 11(1) or section 22;

exempting, conditionally or unconditionally, any meter or any class, type or design of meter or any class or type of transaction from any or all of the provisions of this Act;

prohibiting, absolutely or to any extent, the presence of anything in gas supplied to a purchaser; and

prescribing any matter required or authorized by this Act to be prescribed.

Subject to subsection (3), a copy of each regulation that the Governor in Council proposes to make pursuant to this Act shall be published in the Canada Gazette and a reasonable opportunity shall be afforded to interested persons to make representations with respect thereto.

Subsection (2) does not apply in respect of a proposed regulation that

has been published pursuant to that subsection, whether or not it has been amended as a result of representations made pursuant to that subsection; or

makes no material substantive change in an existing regulation.

Despite anything in the Weights and Measures Act, the Minister may make regulations prescribing units of measurement for electricity and gas sales in addition to the units specified in section 3.

A regulation made under subsection (1) ceases to have effect on the earliest of

the day on which a regulation made under paragraph 28(1)(b) that has the same effect as the regulation comes into force,

the third anniversary of the day on which the regulation made under subsection (1) comes into force, or

the day on which it is repealed.

As soon as practicable after the expiration of a period of five years beginning on the earliest day on which this Act or a provision thereof is in force, whether as regards electricity or gas or both, the Minister shall prepare a report with respect to the administration of this Act during that period and shall lay a copy of the report before Parliament on any of the first fifteen days that either House of Parliament is sitting after he completes it.

The Governor in Council may make regulations

designating any provision of this Act — other than paragraphs 30(b) to (e) and subsection 32(1) — or of the regulations as a provision whose contravention may be proceeded with as a violation in accordance with sections 29.11 to 29.29;

establishing a penalty, or a range of penalties, in respect of each violation;

establishing criteria to be considered in determining the amount of the penalty if a range of penalties is established;

classifying each violation as a minor violation, a serious violation or a very serious violation;

respecting the circumstances under which, the criteria by which and the manner in which the amount of a penalty may be increased or reduced in whole or in part; and

respecting a lesser amount that may be paid as complete satisfaction of a penalty if it is paid within the prescribed time and in the prescribed manner, including the circumstances in which the lesser amount may be set out in a notice of violation.

Every person who contravenes a provision designated under paragraph 29.1(a) commits a violation and is liable to a penalty established in accordance with the regulations.

The purpose of a penalty is to promote compliance with this Act and not to punish.

The maximum penalty for a violation is $2,000.

An inspector may issue a notice of violation and cause it to be provided to a person if the inspector has reasonable grounds to believe that the person has committed a violation.

The notice of violation must

name the person believed to have committed the violation;

identify the acts or omissions that constitute the alleged violation;

set out the penalty for the violation that the person is liable to pay;

set out the particulars concerning the time and manner of payment; and

subject to the regulations, set out a lesser amount that may be paid as complete satisfaction of the penalty if it is paid within the prescribed time and in the prescribed manner that are set out in the notice.

A notice of violation must clearly summarize, in plain language, the rights and obligations under this section and sections 29.13 to 29.26 of the person to whom it is provided, including the right to request a review of the acts or omissions that constitute the alleged violation or of the amount of the penalty and the procedure for requesting the review.

The Minister may establish a short-form description of each violation to be used in notices of violation.

If the person who is named in a notice of violation pays, within the prescribed time and in the prescribed manner that are set out in the notice, the amount of the penalty — or, if applicable, the lesser amount that may be paid as complete satisfaction of the penalty — set out in the notice,

they are deemed to have committed the violation to which the amount paid relates;

the Minister shall accept the amount as complete satisfaction of the penalty; and

the proceedings commenced in respect of the violation under section 29.12 are ended.

Instead of paying the penalty or, if applicable, the lesser amount that may be paid as complete satisfaction of the penalty, the person who is named in the notice may, within the prescribed time and in the prescribed manner that are set out in the notice,

request to enter into a compliance agreement with the Minister that ensures the person’s compliance with the provision to which the violation relates, if the penalty is $1,000 or more; or

request a review by the Minister of the acts or omissions that constitute the alleged violation or the amount of the penalty.

If the person who is named in the notice does not pay the penalty or, if applicable, the lesser amount that may be paid as complete satisfaction of the penalty, within the prescribed time and in the prescribed manner and does not exercise any right referred to in subsection (2) within the prescribed time and in the prescribed manner, the person is deemed to have committed the violation identified in the notice.

After considering a request made under paragraph 29.13(2)(a), the Minister may enter into a compliance agreement, as described in that paragraph, with the person making the request on any conditions that are satisfactory to the Minister, which conditions may

include a provision for the giving of reasonable security, in a form and in an amount that are satisfactory to the Minister, as a guarantee that the person will comply with the compliance agreement; and

provide for the reduction, in whole or in part, of the amount of the penalty for the violation.

A person who enters into a compliance agreement with the Minister is, on doing so, deemed to have committed the violation to which the compliance agreement relates, and the proceedings commenced in respect of the violation under section 29.12 are ended.

If the Minister is of the opinion that a person who has entered into a compliance agreement has complied with it, the Minister shall cause the person to be provided with a notice to that effect, at which time any security given by the person under that agreement shall be returned to the person.

If the Minister is of the opinion that a person who has entered into a compliance agreement has not complied with it, the Minister shall cause the person to be provided with a notice of default to the effect that

instead of the penalty set out in the compliance agreement, the person is liable to pay, within the prescribed time and in the prescribed manner that are set out in the notice of default, twice the amount of the penalty set out in the notice of violation and, for greater certainty, subsection 29.11(3) does not apply in respect of that amount; or

the security, if any, given by the person under the compliance agreement is forfeited to Her Majesty in right of Canada.

Once they have been provided with the notice of default, the person shall pay the amount set out in it or, if the notice provides for the forfeiture of the security given under the compliance agreement, that security is forfeited to Her Majesty in right of Canada.

If the person pays the amount set out in a notice of default under paragraph (4)(a) within the prescribed time and in the prescribed manner that are set out in the notice,