jswizzle3737/ontario_laws_and_regs huggingface dataset:
Definitions
1. (1) In this Act, “appliance” means a device that uses a hydrocarbon and includes all valves, fittings, controls and components attached or to be attached thereto; (“appareil”) “contractor” means a person who carries on the business of, or a person whose business includes, installing, removing, repairing, altering or servicing appliances, and includes a person or an agent of the person who agrees to install, remove, repair, alter or service appliances sold or leased by the person; (“entrepreneur”) “Deputy Minister” means the Deputy Minister of Consumer and Commercial Relations; (“sous-ministre”) “Director” means a person appointed as a Director for the purposes of this Act; (“directeur”) “distributor” means a person who supplies a hydrocarbon to an end user, and “distribute” and “distribution” have corresponding meanings; (“distributeur”, “distribuer”, “distribution”) “handling” means the transmission, transportation or distribution of a hydrocarbon, or the storage of a hydrocarbon in a container, and “handle” and “handler” have corresponding meanings; (“manutention”, “manutentionner”, “manutentionnaire”) “hydrocarbon” means a chemical compound of hydrogen and carbon used as a fuel, either liquid or gaseous; (“hydrocarbure”) “inspector” means an inspector appointed for the purposes of this Act and the regulations; (“inspecteur”) “install” includes placing an appliance in position for temporary use, venting an appliance and connecting piping to an appliance; (“installer”) “Minister” means the Minister of Consumer and Commercial Relations; (“ministre”) “Ministry” means the Ministry of Consumer and Commercial Relations; (“ministère”) “pipeline” means a pipe that is used for the transmission or distribution of a hydrocarbon and includes fittings, valves, controls, compressor stations, pressure regulating stations and meter stations, but does not include the pipe, fittings, valves or controls of the end user; (“pipeline”) “regulations” means the regulations made under this Act; (“règlements”) “transmitter” means a person who supplies a hydrocarbon by pipeline to a distributor and “transmit”, “transmission” and “transmission line” have corresponding meanings; (“transmetteur”, “transmettre”, “transmission”, “canalisation de transmission”) “transporter” means a person who supplies a hydrocarbon other than by pipeline to a distributor or an end user and “transport” and “transportation” have corresponding meanings; (“transporteur”, “transporter”, “transport”) “work” used as a noun, means the facilities used in the handling of a hydrocarbon. (“ouvrage”) R.S.O. 1990, c. E.16, s. 1; 1994, c. 27, s. 81 (1, 2). Application of R.S.O. 1990, c. M.21 (2) Sections 15 to 19 of the Ministry of Consumer and Commercial Relations Act, to the extent that they apply to this Act, are enforceable in the same manner and to the same extent as if they had been enacted as provisions in this Act. 1994, c. 27, s. 81 (3).
Administration of Act
2. The Minister is responsible for the administration of this Act. R.S.O. 1990, c. E.16, s. 2. 3. Repealed: 1994, c. 27, s. 81 (4).
Administration of Act
3. Repealed: 1994, c. 27, s. 81 (4).
Powers of inspectors
4. (1) An inspector may for the purpose of carrying out his duties under this Act and the regulations, (a) subject to subsection (2), enter in or upon any premises at any time without a warrant; (b) take up or use at any time any work or appliance or part thereof; (c) require the production of any drawing or specification of a work or appliance, or any part thereof, or any licence, record or report and may inspect, and make copies of, the same and may require information from any person concerning any matter related to a work or appliance or part thereof or the handling or use thereof; (d) be accompanied by any person at the request of the inspector who has special or expert knowledge of any matter in relation to a work or appliance or a part thereof or the handling or use thereof; (e) alone, or in conjunction with such other persons possessing special or expert knowledge, make such examinations, tests or inquiries as may be necessary to ascertain whether this Act and the regulations are being complied with and for such purpose take or remove any material or substance subject to the handler or user being notified thereof. R.S.O. 1990, c. E.16, s. 4 (1). Warrant (2) An inspector shall not enter any room or place actually being used as a dwelling where the occupier refuses entry except under the authority of a search warrant issued under section 158 of the Provincial Offences Act. R.S.O. 1990, c. E.16, s. 4 (2).
Obstruction of inspector
5. (1) No person shall hinder, obstruct, molest or interfere with or attempt to hinder, obstruct, molest or interfere with an inspector in the exercise of a power or the performance of a duty under this Act and the regulations. R.S.O. 1990, c. E.16, s. 5 (1). Assistance of inspector (2) Every person shall furnish all necessary means in the person’s power to facilitate any entry, inspection, examination or inquiry by an inspector in the exercise of his or her powers and duties under this Act and the regulations. R.S.O. 1990, c. E.16, s. 5 (2). Refusal to produce (3) No person shall neglect or refuse to produce a licence, certificate, drawing, specification, record or report as required by an inspector under clause 4 (1) (c). R.S.O. 1990, c. E.16, s. 5 (3). False information (4) No person shall furnish an inspector with false information or neglect or refuse to furnish information required by an inspector in the exercise of his or her duties under this Act and the regulations. R.S.O. 1990, c. E.16, s. 5 (4).
Information confidential
6. (1) An inspector shall not publish, disclose or communicate to any person any information, record, report or statement acquired, furnished, obtained, made or received under the powers conferred under this Act and the regulations except for the purposes of carrying out his or her duties under this Act and the regulations. R.S.O. 1990, c. E.16, s. 6 (1). Compellability in civil suit (2) An inspector is not a compellable witness in a civil suit or proceeding respecting any information, record, report, statement or test acquired, furnished, obtained, made or received under the powers conferred under this Act and the regulations. R.S.O. 1990, c. E.16, s. 6 (2). Exception (3) The Director may disclose or publish information, material, statements or result of a test acquired, furnished, obtained or made under the powers conferred under this Act and the regulations. R.S.O. 1990, c. E.16, s. 6 (3).
Liability of inspector
7. (1) No action or other proceeding for damages lies or shall be instituted against an inspector for an act or omission by him or her in good faith in the execution or intended execution of any power or duty under this Act or the regulations. R.S.O. 1990, c. E.16, s. 7 (1). Liability of Crown (2) Subsection (1) does not, by reason of subsections 5(2) and (4) of the Proceedings Against the Crown Act, relieve the Crown of liability in respect of a tort committed by an inspector to which it would otherwise be subject and the Crown is liable under that Act for any such tort in like manner as if subsection (1) had not been enacted. R.S.O. 1990, c. E.16, s. 7 (2).
Dangerous accidents
9. Subject to the regulations, where it appears that carbon monoxide poisoning, asphyxiation, explosion or fire has occurred because of the use or handling of a hydrocarbon, (a) the handler shall forthwith notify an inspector of the occurrence by telephone, telegraph or other direct means; and (b) no person shall, except in the interests of public safety, saving life, relieving human suffering, continuity of service or preservation of property, interfere with or disturb any wreckage, article or thing at the scene of and connected with the occurrence, but in no case shall the wreckage, article or thing be carried away or destroyed by any person unless permission so to do is given by an inspector. R.S.O. 1990, c. E.16, s. 9.
Sale of appliance where approval required
10. Where the regulations require the approval of an appliance or any equipment or other thing employed or to be employed in the handling or use of a hydrocarbon, no person shall offer for sale, sell, lease, rent, buy or install the appliance or equipment or other thing unless it is approved. R.S.O. 1990, c. E.16, s. 10.
Installation, etc., of appliance
11. No person shall install, alter, repair, service or remove any appliance or any equipment or other thing employed or to be employed in the handling or use of a hydrocarbon except in accordance with the regulations. R.S.O. 1990, c. E.16, s. 11.
Handler’s licence
12. No person shall handle a hydrocarbon unless the person is the holder of a licence for that purpose. R.S.O. 1990, c. E.16, s. 12.
Registration of contractors
13. No person shall be a contractor unless the person is registered for the purpose. R.S.O. 1990, c. E.16, s. 13.
Installer’s certificate
14. (1) Subject to the regulations, no person shall install, alter, purge, activate, repair, service or remove any appliance or any equipment or other thing employed or to be employed in the handling or use of a hydrocarbon unless the person is the holder of a certificate for the purpose. R.S.O. 1990, c. E.16, s. 14 (1). Exception (2) Subsection (1) does not apply where the installing, altering, purging, activation, repair, service or removal is done by a person in the presence of a holder of the certificate referred to in subsection (1). R.S.O. 1990, c. E.16, s. 14 (2).
Notice of initial activation of appliance
15. (1) No person shall initially activate an appliance that is to be supplied with a hydrocarbon by pipeline without first giving notice in writing to the distributor of the address of the premises at which the installation was made or is to be made and the type of appliance supplied or to be supplied. R.S.O. 1990, c. E.16, s. 15 (1). Examination before initial activation of appliance (2) Where premises are connected to a supply of hydrocarbon by pipeline for the first time, no person shall initially activate an appliance in the premises that is connected to the pipeline until the distributor of the hydrocarbon has examined the installation of the appliance and has accepted the installation and use as being in compliance with this Act and the regulations. R.S.O. 1990, c. E.16, s. 15 (2).
Access by distributor
16. A distributor shall have access, at all reasonable times and upon reasonable notice, to all parts of every premises to which the distributor supplies a hydrocarbon by pipeline for the purpose of, (a) examining any appliance in or on the premises and disconnecting the appliance if it, its installation or its use does not conform with this Act or the regulations; and (b) placing, protecting, setting, shutting off, removing, repairing or altering any meter or regulator owned by the distributor in or on the premises. R.S.O. 1990, c. E.16, s. 16.
Initial activation of pipeline
17. (1) No person shall activate a pipeline until it has been examined and accepted as being in accordance with the regulations. R.S.O. 1990, c. E.16, s. 17 (1). Idem (2) The examination and acceptance required by subsection (1) shall be made by a person who holds a certificate as a pipeline inspector issued under the regulations. R.S.O. 1990, c. E.16, s. 17 (2).
Duty to inquire before excavation
18. (1) No person shall dig, bore, trench, grade, excavate or break ground with mechanical equipment or explosives without first ascertaining the location of any pipeline that may be interfered with. R.S.O. 1990, c. E.16, s. 18 (1). Duty to provide information (2) Where the owner of a pipeline is requested by any person about to dig, bore, trench, grade, excavate or break ground with mechanical equipment or explosives to give the location of a pipeline for the purpose of subsection (1), the owner shall within a reasonable time of the receipt of the request and having regard to all the circumstances of the case, furnish reasonable information as to the location of the pipeline. R.S.O. 1990, c. E.16, s. 18 (2).
Interference with pipeline
19. No person shall interfere with or damage any pipeline without authority to do so. R.S.O. 1990, c. E.16, s. 19.
Duty of employer to obtain compliance
20. (1) Every person who installs, removes, repairs, alters or services appliances or works shall instruct the person’s employees to comply with this Act and the regulations. R.S.O. 1990, c. E.16, s. 20 (1). Idem (2) Every person who installs, removes, repairs, alters or services appliances or works shall take every precaution reasonable in the circumstances to ensure that the person’s employees comply with this Act and the regulations. R.S.O. 1990, c. E.16, s. 20 (2).
Order for priority of use
21. (1) Despite anything in this or any other Act, or in any contract for the supply of natural gas made between a distributor and a consumer, where the supply of natural gas to a distributor is interrupted or curtailed, the Minister may order a distributor to halt or reduce the supply of natural gas to a consumer or a class or classes of consumers if he or she considers it advisable in the circumstances. R.S.O. 1990, c. E.16, s. 21 (1). Compliance (2) Every person to whom such an order is directed shall comply therewith in accordance with its terms. R.S.O. 1990, c. E.16, s. 21 (2).
Issuance of licences, certificates and registration
22. (1) A licence, certificate or registration shall be issued or made by the Director and is subject to such terms and conditions as are therein contained or as prescribed by the regulations. R.S.O. 1990, c. E.16, s. 22 (1). Refusal, suspension or revocation (2) The Director may refuse to grant or renew or may suspend or revoke a licence, certificate or registration where, (a) the applicant or holder has contravened this Act or the regulations; or (b) there are reasonable grounds for believing that the applicant or holder is without capacity or not competent or lacks reasonable skill. R.S.O. 1990, c. E.16, s. 22 (2).
Parties
24. (1) The Director, the applicant, the holder of the licence, certificate or registration who has applied for the hearing and such other persons as are specified by the judge are parties to the proceedings before a judge under section 23. R.S.O. 1990, c. E.16, s. 24 (1). Opportunity to achieve compliance (2) Notice of a hearing under section 23 shall afford to the holder of a licence, certificate or registration a reasonable opportunity to show or to achieve compliance before the hearing with all lawful requirements for the retention of the licence, certificate or registration. R.S.O. 1990, c. E.16, s. 24 (2). Examination of documentary evidence (3) An applicant or holder of a licence, certificate or registration who is a party to proceedings under section 23 shall be afforded an opportunity to examine before the hearing any written or documentary evidence that will be produced or any report the contents of which will be given in evidence at the hearing. R.S.O. 1990, c. E.16, s. 24 (3). Findings of fact (4) The findings of fact of a judge pursuant to a hearing shall be based exclusively on evidence admissible or matters that may be noticed under sections 15 and 16 of the Statutory Powers Procedure Act. R.S.O. 1990, c. E.16, s. 24 (4).
Appeal to Divisional Court
25. (1) Any party to proceedings before a judge under section 23 may appeal from the decision or order of the judge to the Divisional Court in accordance with the rules of court. R.S.O. 1990, c. E.16, s. 25 (1). Record to be filed (2) Where notice of an appeal is served under this section, the judge shall forthwith file in the Divisional Court the record of the proceedings before him or her in which the decision or order was made, which, together with the transcript of the evidence before the judge if it is not part of the record of the judge, shall constitute the record in the appeal. R.S.O. 1990, c. E.16, s. 25 (2). Minister entitled to be heard (3) The Minister is entitled to be heard by counsel or otherwise upon the argument of an appeal under this section. R.S.O. 1990, c. E.16, s. 25 (3). Powers of court on appeal (4) The Divisional Court may, on the appeal, affirm the decision of the judge appealed from or may rescind it and make such new decision as the court considers proper under this Act and the regulations and may order the Director to do any act or thing he or she is authorized to do under this Act and as the court considers proper and for such purpose the court may substitute its opinion for that of the Director or of the judge, or the court may refer the matter back to the judge for rehearing, in whole or in part, in accordance with such directions as the court considers proper. R.S.O. 1990, c. E.16, s. 25 (4).
Interim suspension pending final decision
26. Despite section 22, the Director by notice to the holder of a licence, certificate or registration and without a hearing may provisionally refuse to renew or suspend the holder’s licence, certificate or registration where in the Director’s opinion it is necessary to do so for the immediate protection of any person or the public and the Director so states in such notice giving his or her reasons therefor, and thereafter section 23 applies as if the notice given under this section were a notice of a proposal to revoke the licence, certificate or registration under section 22. R.S.O. 1990, c. E.16, s. 26.
Offences
27. (1) Every person who, (a) contravenes or fails to comply with this Act or the regulations; (b) knowingly makes a false statement in any document required by the regulations; (c) contravenes or fails to comply with a term or condition of a licence, certificate or registration; (d) contravenes or fails to comply with an order of an inspector given under section 8; or (e) contravenes or fails to comply with an order of the Minister made under section 21, is guilty of an offence and on conviction is liable to a fine of not more than $25,000 or to imprisonment for a term of not more than one year, or to both, or, if the person is a body corporate, to a fine of not more than $100,000. R.S.O. 1990, c. E.16, s. 27. Time limit (2) No proceeding in respect of an alleged offence under this Act may be commenced after two years following the date on which the facts that gave rise to the alleged offence were discovered. 1996, c. 19, s. 20.
Regulations
28. (1) The Lieutenant Governor in Council may make regulations for the handling and use of hydrocarbons and, in particular and without limiting the generality of the foregoing, may make regulations, (a) regulating the installation, filling, testing, maintenance, repair, removal, replacement, inspection and use of appliances or works and the handling and use of hydrocarbons; (b) requiring and providing for the approval of design and construction standards for appliances and works; (c) designating organizations to test appliances to the standards approved under the regulations and providing for the placing of the label of such organization on the appliances and works that conform to the standards; (d) prohibiting the sale, purchase, renting and use of an appliance that does not bear the label of a testing organization or of the Ministry; (e) requiring the reporting of accidents; (f) requiring safety procedures to be filed by distributors and for the approval thereof by the Director and compliance therewith by distributors; (g) requiring owners of pipelines to develop procedures for locating pipelines and providing for the approval of such procedures by the Director; (h) providing for the registration of contractors and providing for the expiry and renewal of registration; (i) providing for the issue, expiry and renewal of licences, certificates or labels and prescribing terms and conditions upon which licences, certificates or labels may be issued or renewed; (j) prescribing the fees to be paid for the inspection of pipelines or appliances and prescribing by whom the fees shall be paid; (k) prescribing the fee payable for any application, examination, certificate, licence, label, registration, or renewal thereof; (l) prescribing the qualifications for persons who may be registered as contractors and for their employees; (m) providing for and requiring the keeping of records and plans and the making of affidavits, returns, statements or reports on the handling or use of a hydrocarbon; (n) exempting any person or any class of persons, and any appliance or work or any class of them from compliance with this Act and the regulations or of any of the provisions thereof; (o) designating persons or classes of persons empowered to administer any code or standard adopted under subsection (2) and delegating to the designated persons or classes the authority to administer any code or standard adopted; (p) for any matter provided in this Act to be done by regulation. R.S.O. 1990, c. E.16, s. 28 (1); 1994, c. 27, s. 81 (5). (2) Repealed: 1994, c. 27, s. 81 (6). Limited application of regulations (3) A regulation may be general or particular in its application. R.S.O. 1990, c. E.16, s. 28 (3). (4) Repealed: 1994, c. 27, s. 81 (6). (5) Repealed: 1994, c. 27, s. 81 (6).
Municipal by-laws
29. This Act and the regulations prevail over any municipal by-law. R.S.O. 1990, c. E.16, s. 29. ______________ Français