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

Act current to 2016-08-15 and last amended on 2015-02-26. Previous Versions

Marginal note:Stealing stamp or seal
  •  (1) Every person who steals any stamp, seal, label, tag or marker issued for the stamping, sealing, labelling, tagging or marking of a meter under this Act is guilty of an offence.

  • Marginal note:Punishment — first offence

    (2) Every person who is guilty of an offence under subsection (1) is liable, for a first offence,

    • (a) on summary conviction, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding six months, or to both; or

    • (b) on conviction on indictment, to imprisonment for a term not exceeding two years.

  • Marginal note:Punishment — subsequent offences

    (3) Every person who is guilty of an offence under subsection (1) is liable, for a second or subsequent offence,

    • (a) on summary conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding six months, or to both; or

    • (b) on conviction on indictment, to imprisonment for a term not exceeding two years.

  • R.S., 1985, c. E-4, s. 32;
  • 2011, c. 3, s. 7.
Marginal note:Other offences
  •  (1) Every person is guilty of an offence who

    • (a) prevents or refuses lawful access to any meter in his possession or control,

    • (b) obstructs or hinders any examination or testing authorized by or under this Act,

    • (c) puts into service or causes to be put into service any meter contrary to subsection 9(1),

    • (d) refuses or neglects to cause any meter, being in a purchaser’s service, to be dealt with in any manner required under subsection 11(3) or section 12,

    • (e) being a contractor, contravenes subsection 6(2) or (3) or permits any meter, in default of compliance with section 12, to continue in service beyond the period within which it is required by that section to be dealt with in the manner provided thereby,

    • (f) contrary to subsection 15(1) verifies, seals, reverifies or reseals any meter or breaks or causes to be broken the seal of any meter,

    • (g) being an owner, contravenes subsection 16(2) or 22(2),

    • (h) being an accredited meter verifier, contravenes section 17,

    • (i) obstructs or hinders an inspector in executing his functions under this Act,

    • (j) not being an inspector or an accredited meter verifier, marks pursuant to regulations made under paragraph 28(1)(c), or issues a certificate as to the accuracy or condition of, any meter after it has been installed for use, or

    • (k) for the purposes of any sale by him of electricity or gas by unit of measurement, supplies electricity or gas that is, subject to prescribed limits of error, less in quantity or otherwise than the electricity or gas that he

      • (i) purports to supply, or

      • (ii) should supply on the basis of the total price charged therefor and the stated price per unit of measurement used to determine the total price,

    • (l) on summary conviction, to a fine not exceeding one thousand dollars, or

    • (m) on indictment, to a fine not exceeding five thousand dollars.

  • Marginal note:Punishment — first offence

    (2) Every person who is guilty of an offence under subsection (1) is liable, for a first offence,

    • (a) on summary conviction, to a fine not exceeding $10,000; or

    • (b) on conviction on indictment, to a fine not exceeding $25,000.

  • Marginal note:Punishment — subsequent offences

    (3) Every person who is guilty of an offence under subsection (1) is liable, for a second or subsequent offence,

    • (a) on summary conviction, to a fine not exceeding $20,000; or

    • (b) on conviction on indictment, to a fine not exceeding $50,000.

  • R.S., 1985, c. E-4, s. 33;
  • 2011, c. 3, s. 8.
Marginal note:Punishment — general offence

 Every person who contravenes any provision of this Act or the regulations for the contravention of which no liability for a punishment is otherwise provided by this Act is guilty of an offence and liable on summary conviction for a first offence under that provision to a fine not exceeding $10,000, and for a second or subsequent offence under that provision to a fine not exceeding $20,000.

  • R.S., 1985, c. E-4, s. 34;
  • 2011, c. 3, s. 9.
Marginal note:Extension of liability for offences
  •  (1) In sections 30 to 34, “person” includes an unincorporated body that is a contractor.

  • Marginal note:Officers, etc., of corporations

    (2) If a contractor or corporation commits an offence under this Act, any officer, director or agent or mandatary of the contractor or corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence whether or not the contractor or corporation has been prosecuted or convicted.

  • R.S., 1985, c. E-4, s. 35;
  • 2011, c. 21, s. 125(E).
Marginal note:Due diligence defence

 A person may not be convicted of an offence under this Act — other than for a contravention of any of paragraphs 30(b) to (e) or subsection 32(1) — if they establish that they exercised due diligence to prevent the commission of the offence.

  • 2011, c. 3, s. 10.

Legal Proceedings

Marginal note:Offence by employee or agent or mandatary
  •  (1) In any prosecution for an offence under this Act it is sufficient proof of the offence to establish that it was committed by an employee or an agent or mandatary of the accused whether or not the employee or agent or mandatary is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without their knowledge or consent and that they exercised all due diligence to prevent its commission.

  • Marginal note:Limitation period

    (2) Any proceedings by way of summary conviction pursuant to this Act may be instituted at any time within but not later than twelve months after the time when the subject-matter of the proceedings arose.

  • Marginal note:Trial of offences

    (3) A complaint or information in respect of an offence under this Act may be heard, tried or determined by a court if the accused is resident or carrying on business within the territorial jurisdiction of that court although the matter of the complaint or information did not arise in that territorial jurisdiction.

  • Marginal note:Prosecution of unincorporated body

    (4) A prosecution for an offence under this Act may be brought against and in the name of an unincorporated body that is a contractor and, for the purposes of that prosecution, the body is deemed to be a person and any act or thing done or omitted by any officer or agent or mandatary of the body within the scope of their authority to act on behalf of the body is deemed to be an act or thing done or omitted by the body.

  • Marginal note:Idem

    (5) For the purposes of subsection (4), a prosecution against a body may be brought against it in the name by which the body is commonly known or in which any undertaking to supply electricity or gas to a purchaser is given by the body.

  • R.S., 1985, c. E-4, s. 36;
  • 2011, c. 21, s. 126(E).
Marginal note:Certificates of inspectors
  •  (1) In any prosecution for an offence under this Act or any other proceeding to which the legislative jurisdiction of Parliament extends, a certificate purporting to have been given by an inspector pursuant to this Act and to have been signed by the inspector who made the examination, investigation or test is evidence of the matters stated therein relating to the examination, investigation or test without proof of the signature or the official character or the capacity of the person appearing to have signed the certificate.

  • Marginal note:Attendance of inspector

    (2) The party against whom a certificate of an inspector is produced pursuant to subsection (1) may, with leave of the court, require the attendance of the inspector for the purposes of cross-examination.

  • Marginal note:No admissibility without notice

    (3) No certificate shall be received in evidence pursuant to subsection (1) unless the party intending to produce it has given to the party against whom it is intended to be produced reasonable notice of that intention together with a copy of the certificate.

  • 1980-81-82-83, c. 87, s. 36.
 
Date modified: