GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Electricity and Gas Inspection Act — E-4
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 )
Electricity and Gas Inspection Act — E-4
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 )
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Minister means the Minister of Industry; ( ministre )
Electricity and Gas Inspection Act — E-4
prescribed means prescribed by regulation; ( Version anglaise seulement )
Electricity and Gas Inspection Act — E-4
purchaser means any person to whom electricity or gas is sold; ( consommateur )
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verified meter means a meter that has been verified in accordance with this Act and the regulations. ( compteur vérifié )
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Units of electricity and gas 3 (1) Subject to subsection (2) and the regulations, (a) the unit of measurement for the sale of electricity shall be (i) the watt hour, (ii) the volt-ampere hour, (iii) the var hour, or (iv) the joule; and (b) the unit of measurement for the sale of gas shall be (i) in the case of sale by volume, the cubic metre or the cubic foot, (ii) in the case of sale by energy units, the joule or the British Thermal Unit, and (iii) in the case of sale by mass, the kilogram. Multiples and submultiples of units (2) 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 (a) is any multiple or submultiple of the unit so specified, and (b) is capable of being expressed by way of a prefix specified in Part V of Schedule I to the Weights and Measures Act , 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). 1980-81-82-83, c. 87, s. 3
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Custody of standard apparatus 4 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 . 1980-81-82-83, c. 87, s. 4
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Calibration of measuring apparatus 5 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 (a) the apparatus is calibrated, and (b) such calibration is certified, in prescribed manner. 1980-81-82-83, c. 87, s. 5
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Register of contractors 6 (1) The director shall maintain, in accordance with the regulations, a register for the registration of contractors. Certificate of registration (2) 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. Contractor ceasing to be seller (3) 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). 1980-81-82-83, c. 87, s. 6
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Right of access by contractor 7 (1) A contractor may, at all reasonable times, for the purpose of (a) 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 (b) ascertaining the quantity or making other measurements of the electricity or gas consumed or supplied, enter any premises belonging to or occupied by the purchaser to whom the contractor has undertaken to supply the electricity or gas. Liability of contractor (2) 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. 1980-81-82-83, c. 87, s. 7
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Service pressure reports 8 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. 1980-81-82-83, c. 87, s. 8
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Verification 9 (1) 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. Temporary dispensation (2) 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. Permanent dispensation (3) 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. Director’s approval required for verification (4) 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. 1980-81-82-83, c. 87, s. 9
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Accredited meter verifiers 10 Subject to the regulations, any person (a) 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 (b) 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. R.S., 1985, c. E-4, s. 10; 2011, c. 21, s. 122
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Revocation of permission 11 (1) 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. Revocation of approval or accreditation (2) 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. Requirement on revocation (3) 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. Right to make representations (4) No permission under subsection 9(2), approval under subsection 9(3) or (4) or accreditation under section 10 shall be revoked unless (a) notice of the proposal to revoke it has been given in prescribed manner; (b) any interested person objecting to the proposal has been afforded reasonable opportunity to make representations with respect to his objection; and (c) the representations, if any, so made have been taken into account in deciding whether to implement such proposal. 1980-81-82-83, c. 87, s. 11
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Reverification 12 (1) Within (a) 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, (b) 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 (c) 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, 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. Where shorter period determined (2) 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. 1980-81-82-83, c. 87, s. 12
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Exercise of powers by inspector 13 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. 1980-81-82-83, c. 87, s. 13
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Certificates 14 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. 1980-81-82-83, c. 87, s. 14
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Persons authorized to deal with meters 15 (1) No meter shall be verified, sealed, reverified or resealed by any person other than an inspector or an accredited meter verifier, and no person, (a) other than an inspector, shall break the seal of any verified meter the correctness of which is in dispute; or (b) other than an inspector, an accredited meter verifier or the owner, shall, except as prescribed, break the seal of any verified meter. Meter with broken seal (2) 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. 1980-81-82-83, c. 87, s. 15
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Owner’s liability 16 (1) 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. Owner’s records (2) 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. R.S., 1985, c. E-4, s. 16; 2011, c. 3, s. 4
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Records of accredited meter verifiers 17 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. 1980-81-82-83, c. 87, s. 17
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Examination of records 18 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. 1980-81-82-83, c. 87, s. 18
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Contractor to provide facilities for testing 19 Every contractor shall provide free of charge, (a) where the supply of electricity is undertaken by him, electricity, equipment and all reasonable facilities, and (b) where the supply of gas is undertaken by him, gas, equipment and all reasonable facilities, 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. 1980-81-82-83, c. 87, s. 19
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Entry by accredited meter verifier or inspector exercising powers 20 Any premises may, at all reasonable times, be entered (a) 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 (b) 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. 1980-81-82-83, c. 87, s. 20
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Assistance to inspector or accredited meter verifier 21 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. 1980-81-82-83, c. 87, s. 21
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Direction to take meter out of service 22 (1) 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. Compliance with direction (2) An owner to whom notice is given under subsection (1) shall forthwith take all reasonable steps to comply therewith. 1980-81-82-83, c. 87, s. 22
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Dispute procedure 23 (1) 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. Duties of inspector (2) 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. Reference to director for reconsideration (3) 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. Director’s decision final (4) The decision of the director on a matter referred to him pursuant to subsection (3) is final and conclusive. 1980-81-82-83, c. 87, s. 23
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Loss by error 24 (1) 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. Idem (2) 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. Incorrect connection, etc. (3) Subject to subsection (4), where, on a proceeding in the matter of any request pursuant to section 23, it is found that (a) a meter has been incorrectly connected, (b) there has been an incorrect use of any prescribed apparatus respecting the registration of a meter, or (c) an incorrect multiplier has been used, 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. Where error’s duration determined (4) 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. Liability (5) 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. Recovery of larger sum not precluded (6) 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. 1980-81-82-83, c. 87, s. 24
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Test of voltage 25 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. 1980-81-82-83, c. 87, s. 25
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Staff 26 (1) 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. Director’s functions (2) The director has, under the Minister, the direction and general supervision of the administration and enforcement of this Act. Designation to perform inspector’s functions (3) 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. Privileges, etc., of designated inspector (4) 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. Restrictions (5) 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. Other restrictions (5.1) A person designated as an inspector under subsection (3) is not authorized to exercise the powers set out in subsection 29.12(1). Inspector’s right of access to premises (6) 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. Warrant required to enter dwelling-house (7) 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). Authority to issue warrant (8) Where on ex parte application a justice of the peace is satisfied by information on oath (a) that entry to a dwelling-house is necessary for the purpose of performing any function pursuant to this Act, and (b) that entry to the dwelling-house has been refused or that there are reasonable grounds for believing that entry thereto will be refused, 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. Use of force (9) 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. R.S., 1985, c. E-4, s. 26; R.S., 1985, c. 31 (1st Supp.), s. 7; 2011, c. 3, s. 5, c. 21, s. 123(E); 2015, c. 3, s. 81(E)
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Inspectors’ fees and charges 27 (1) 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. Fees recoverable (2) 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. 1980-81-82-83, c. 87, s. 27
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 in gas supplied to a purchaser; and (s) prescribing any matter required or authorized by this Act to be prescribed. Publication of proposed regulations (2) 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. Exceptions (3) Subsection (2) does not apply in respect of a proposed regulation that (a) 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 (b) makes no material substantive change in an existing regulation. R.S., 1985, c. E-4, s. 28; 2001, c. 34, s. 39
Electricity and Gas Inspection Act — E-4 28.1
Ministerial regulations 28.1 (1) 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. Expiry (2) A regulation made under subsection (1) ceases to have effect on the earliest of (a) the day on which a regulation made under paragraph 28(1)(b) that has the same effect as the regulation comes into force, (b) the third anniversary of the day on which the regulation made under subsection (1) comes into force, or (c) the day on which it is repealed. 2019, c. 29, s. 162