Electricity and Gas Inspection Act (R.S.C., 1985, c. E-4)

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

Marginal note: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.

• Marginal note:Compliance with direction

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

Disputes

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note:Director’s decision final

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

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Voltage Test

Marginal note: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.

Administration

Marginal note: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.

• Marginal note:Director’s functions

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

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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).

• Marginal note: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.

• Marginal note: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).

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note: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.

Marginal note:Regulations

• 28 (1) 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

  • (a) establishing or providing for the establishment of

    • (i) 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

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

  • (b) 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;

  • (c) 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;

  • (d) 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;

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

  • (f) 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;

  • (g) 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;

  • (h) 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;

  • (i) prescribing

    • (i) 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

    • (ii) 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;

  • (j) prescribing

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

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

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

  • (k) prescribing functions of inspectors and governing the execution of their functions;

  • (l) prescribing the conditions and manner of determination of units of measurement referred to in this Act;

  • (m) governing the pressure under which gas is to be supplied;

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

  • (o) 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;

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

  • (q) 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;

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

  • (s) prescribing any matter required or authorized by this Act to be prescribed.

• Marginal note: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.

• Marginal note: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.