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.
(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.
(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.
- 1980-81-82-83, c. 87, s. 24.
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.
- 1980-81-82-83, c. 87, s. 25.
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 functions of inspector
(3) Notwithstanding anything in this Act, except as provided in subsection (5), any functions that may appertain to the office of an inspector may be executed by any person who is designated as an inspector by the Minister for the purpose of the execution 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.
(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 may be appointed or designated under this section or act as a person so appointed or designated.
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.
- R.S., 1985, c. E-4, s. 26;
- R.S., 1985, c. 31 (1st Supp.), s. 7;
- 2011, c. 21, s. 123(E).
- Date modified: