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

Act current to 2017-10-13 and last amended on 2015-02-26. Previous Versions

Marginal note:Certificate of default
  •  (1) The Minister may issue a certificate certifying the unpaid amount of any debt referred to in subsection 29.17(1).

  • Marginal note:Effect of registration

    (2) Registration in the Federal Court of the certificate has the same effect as a judgment of that court for a debt of the amount specified in the certificate and all related registration costs.

  • 2011, c. 3, s. 6.

Rules of Law About Violations

Marginal note:Violations not offences

 For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply.

  • 2011, c. 3, s. 6.
Marginal note:Due diligence defence
  •  (1) A person may not be found to be liable for a violation if they establish that they exercised due diligence to prevent the commission of the violation.

  • Marginal note:Common law principles

    (2) Every rule and principle of the common law that renders any circumstance a justification or an excuse in relation to a charge for an offence under this Act applies in respect of a violation to the extent that it is not inconsistent with this Act.

  • 2011, c. 3, s. 6.
Marginal note:Burden of proof

 In every case where the Minister is to determine whether a person who is named in a notice of violation committed any violation identified in it, the Minister shall do so on a balance of probabilities.

  • 2011, c. 3, s. 6.
Marginal note:Offences by corporate officers, etc.

 If a person other than an individual commits a violation under this Act, any of the person’s officers, directors, agents or mandataries who directs, authorizes, assents to or acquiesces or participates in the commission of the violation is a party to and liable for the violation, whether or not the person who actually committed it is proceeded against in accordance with this Act.

  • 2011, c. 3, s. 6.
Marginal note:Vicarious liability — acts of employees, agents and mandataries

 A person is liable for a violation that is committed by their employee, agent or mandatary who is acting in the course of the employee’s employment or within the scope of the agent’s or mandatary’s authority, whether or not the employee, agent or mandatary who actually committed the violation is identified or proceeded against in accordance with this Act.

  • 2011, c. 3, s. 6.
Marginal note:Continuing violation

 A violation that is continued on more than one day constitutes a separate violation in respect of each day during which it is continued.

  • 2011, c. 3, s. 6.

Other Provisions

Marginal note:Evidence

 In any proceeding for a violation, a notice of violation purporting to be issued under this Act is admissible in evidence without proof of the signature or official character of the person appearing to have signed it.

  • 2011, c. 3, s. 6.
Marginal note:Limitation period or prescription

 No proceedings in respect of a violation may be commenced later than six months after the day on which an inspector becomes aware of the acts or omissions that constitute the alleged violation.

  • 2011, c. 3, s. 6.
Marginal note:Certification by Minister

 A document appearing to have been issued by the Minister and certifying the day on which the acts or omissions that constitute the alleged violation became known to an inspector is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, is proof that the inspector became aware of the acts or omissions on that day.

  • 2011, c. 3, s. 6.
Marginal note:Information may be made public

 The Minister may make public

  • (a) the name and business address of a person who enters into a compliance agreement, the nature of the compliance agreement — including the acts or omissions and provisions at issue, the conditions included in the compliance agreement and the amount payable under it, if any; or

  • (b) the name and business address of a person who is deemed to have committed a violation or who the Minister determined committed a violation, the acts or omissions and provisions at issue, and the amount payable as a result, if any.

  • 2011, c. 3, s. 6.
Marginal note:How act or omission may be proceeded with

 If an act or omission may be proceeded with either as a violation or as an offence, proceeding in one manner precludes proceeding in the other.

  • 2011, c. 3, s. 6.

Offences and Punishment

Marginal note:Falsification and meter frauds

 Every person who

  • (a) except as authorized by or under this Act, makes, causes or procures to be made, or assists in making any certificate required under this Act or purporting to be a certificate so required or any stamp, seal, label, tag or mark prescribed for the purposes of this Act or purporting to be a stamp, seal, label, tag or mark so prescribed,

  • (b) knowingly sells, utters or disposes of, lets, uses, lends or exposes for sale any meter with any stamp, seal, label, tag or mark thereon made or obtained by means of the commission of an offence under paragraph (a) or section 32 or made or affixed by way of the use of anything so obtained,

  • (c) in relation to the administration of this Act, knowingly

    • (i) makes any false representation,

    • (ii) makes or causes to be made any false entry in any register or record,

    • (iii) makes or causes to be made any false document or makes any alteration, false in a material respect, to the form of a copy of any document, or

    • (iv) produces or tenders any document containing false information,

  • (d) for a fraudulent purpose,

    • (i) repairs or alters, or causes to be repaired or altered, or tampers with or does any other act in relation to a meter, or any wires or pipes leading to a meter, so as to cause the meter to register with an error, or

    • (ii) replaces any meter with a meter calculated to mislead, or

  • (e) with intent to defraud, obtains, consumes, uses, supplies or sells electricity or gas in relation to which any meter

    • (i) registers with an error caused by an offence under paragraph (d), or

    • (ii) in the case of commission therewith of an offence under subparagraph (d)(ii), is calculated to mislead,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

  • 1980-81-82-83, c. 87, s. 30.
Marginal note:Forfeiture
  •  (1) Subject to subsections (2) to (5), where any person is convicted of an offence under paragraph 30(b), any meter to which the offence relates is, in addition to any punishment imposed for the offence, forfeited to Her Majesty if that forfeiture is ordered by the court, in which event the meter shall be destroyed or otherwise disposed of as the Minister may direct.

  • Marginal note:Application by person claiming interest or right

    (2) When any meter is ordered to be forfeited under subsection (1), any person, other than a party to the proceedings that resulted in the order, who claims an interest or right in the meter as owner, mortgagee or hypothecary creditor, as lien holder or holder of a prior claim or of any like interest or right may, within 30 days after the making of the order of forfeiture, apply to any superior court of competent jurisdiction for an order under subsection (5) after which the court shall fix a day for the hearing of the application.

  • Marginal note:Notice

    (3) An applicant for an order under subsection (5) shall, at least 30 days prior to the day fixed for the hearing of the application, serve a notice of the application and of the hearing on the Minister and on all other persons who have claimed an interest or right in the meter that is the subject matter of the application as owner, mortgagee or hypothecary creditor, as lien holder or holder of a prior claim or of any like interest or right of whom the applicant has knowledge.

  • Marginal note:Notice of intervention

    (4) Each person, other than the Minister, who is served with a notice under subsection (3) and who intends to appear at the hearing of the application to which the notice relates shall, at least ten days prior to the day fixed for the hearing, file an appropriate notice of intervention in the record of the court and serve a copy thereof on the Minister and on the applicant.

  • Marginal note:Order declaring nature and extent of interests or rights

    (5) If, on the hearing of an application under this section, the court is satisfied that the applicant or any intervenor

    • (a) is innocent of any complicity in any conduct that caused the meter to be subject to forfeiture and of any collusion in relation to any such conduct, and

    • (b) exercised all reasonable care in respect of the persons permitted to obtain possession and use of the meter to satisfy himself or herself that it was not likely to be used in the commission of an offence under paragraph 30(b) or, in the case of a mortgagee or hypothecary creditor or a lien holder or a holder of a prior claim, that they exercised such care with respect to the mortgagor or hypothecary debtor or the giver of a lien or prior claim,

    the applicant, intervenor or both are entitled to an order declaring that their interests or rights are not affected by the forfeiture and declaring the nature and extent of each of their interests or rights and the rankings among them, and the court may, in addition, order that the meter to which the interests or rights relate be delivered to one or more of the persons found to have an interest or right in the meter or that an amount equal to the value of each of the interests or rights so declared be paid to the persons found to have those interests or rights.

  • R.S., 1985, c. E-4, s. 31;
  • 2011, c. 21, s. 124.
 
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