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.
- 1980-81-82-83, c. 87, s. 23.
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.
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