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

Act current to 2017-04-12 and last amended on 2015-02-26. Previous Versions

Marginal note:Inspectors’ fees and charges
  •  (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.

  • 1980-81-82-83, c. 87, s. 27.
Marginal note:Regulations
  •  (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.

  • R.S., 1985, c. E-4, s. 28;
  • 2001, c. 34, s. 39.
Marginal note:Report on administration of Act

 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.

  • 1980-81-82-83, c. 87, s. 29.

Administrative Monetary Penalties

Powers of the Governor in Council

Marginal note:Regulations

 The Governor in Council may make regulations

  • (a) 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;

  • (b) establishing a penalty, or a range of penalties, in respect of each violation;

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

  • (d) classifying each violation as a minor violation, a serious violation or a very serious violation;

  • (e) 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

  • (f) 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.

  • 2011, c. 3, s. 6.

Violations

Marginal note:Commission of violation
  •  (1) 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.

  • Marginal note:Purpose of penalty

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

  • Marginal note:Maximum penalty

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

  • 2011, c. 3, s. 6.

Proceedings

Marginal note:Notice of violation
  •  (1) 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.

  • Marginal note:Contents of notice

    (2) The notice of violation must

    • (a) name the person believed to have committed the violation;

    • (b) identify the acts or omissions that constitute the alleged violation;

    • (c) set out the penalty for the violation that the person is liable to pay;

    • (d) set out the particulars concerning the time and manner of payment; and

    • (e) 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.

  • Marginal note:Summary of rights

    (3) 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.

  • Marginal note:Short-form descriptions

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

  • 2011, c. 3, s. 6.
 
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