Electricity and Gas Inspection Regulations (SOR/86-131)

Sale of Gas by Energy Units

41 Where gas is sold by energy units, the number of energy units shall be the product obtained by multiplying

• (a) the calorific power of a unit of mass of the gas by the number of the said units of mass of the gas; or

• (b) the calorific power of a unit of volume of the gas at a certain temperature and certain pressure by the number of the said units of volume of the gas at the same certain temperature and same certain pressure.

42 The calorific power of gas shall be determined by measurement or by calculation based on gas sampling and shall be expressed in terms of one of the following units:

• (a) joules or multiples thereof, per standard cubic metre of gas, free of water vapour;

• (b) Btu_(60.5), per standard cubic foot of gas, free of water vapour; or

• (c) joules or multiples thereof, per kilogram of gas, free of water vapour.

43 In order to obtain the calorific power of gas in Btu_(60.5) per cubic foot of gas free of water vapour at a pressure P expressed on the absolute pressure scale and at standard temperature, where the gas has been tested using a method that gives results in Btu_(60.5) per cubic foot of gas saturated with water vapour at the pressure P and standard temperature, the results shall be multiplied by a factor equal to

44 The director shall set out specifications, subject to sections 42 and 43, for determination of the calorific power of gas.

Sale of Gas by Quantity

45 The director shall set out specifications, subject to sections 35 to 40, for determination of the quantity of gas.

PART IXLimits of Error

46 The limits of error referred to in paragraph 33(k) of the Act are 3% of the amount of electricity or gas supplied.

PART XFees and Charges

• 47 (1) In this section, service in respect of a meter or metering installation, means to perform one or more of the following, namely, an inspection, a test, a verification or a reverification of a meter or metering installation.

• (1.1) Where an inspector services an electricity meter or an electricity metering installation set out in column I of an item of Part I of Schedule 1, the owner of the meter or metering installation shall pay

  • (a) in the case of a metering installation or where the meter is located at the operational location, the fee set out in column II of that item; and

  • (b) where the meter is not located at the operational location, the fee set out in column III of that item.

• (2) A person who requests an inspection or service described in column I of an item in Part II of Schedule 1 shall pay for that inspection or service the fee set out in column II of that item.

• (3) [Repealed, SOR/95-333, s. 2]

• (4) [Repealed, SOR/89-425, s. 1]

• (5) Where an inspector services a gas meter or gas metering installation set out in column I of an item of Part IV of Schedule 1, the owner of the meter or metering installation shall pay

  • (a) in the case of a metering installation or where the meter is located at the operational location, the fee set out in column II of that item; and

  • (b) where the meter is not located at the operational location, the fee set out in column III of that item.

• (6) A person who requests an inspection or service described in column I of an item in Part V of Schedule 1 shall pay for that inspection or service the fee set out in column II of that item.

• (7) The owner of an electricity meter or metering installation or a gas meter or metering installation who requests an inspection or service of the meter or installation shall pay, as remuneration for the time and expenses set out in column I of an item in Part VI of Schedule 1 incurred by the inspector in providing the requested inspection or service, the charges set out or referred to in column II of that item.

• (8) A person who requests an audit described in column I of an item in Part VII of Schedule 1 shall pay the fee set out in column II of that item, in the case of item 1, on performance of the requested audit by an inspector and, in the case of item 2, on a per annum basis.

• (9) The owner of an electricity measuring apparatus described in column I of an item in Part VIII of Schedule 1 shall pay the amount set out in column II of that item for the determination of the accuracy of the apparatus by the inspector by means of testing at points throughout the measuring range of the apparatus.

• (10) The owner of a gas measuring apparatus described in column I of an item in Part IX of Schedule 1 shall pay the amount set out in column II of that item for the determination of the accuracy of the apparatus by the inspector by means of testing at points throughout the measuring range of the apparatus.

• (11) Notwithstanding subsections (1) to (3) and (5) to (7), where an application is made in accordance with section 13 for an approval, referred to in subsection 9(4) of the Act, of a meter or a class, type or design of meter, the only charge payable for determining whether the meter or the class, type or design of meter conforms with the specifications referred to in section 12 is $25 for each half hour or part thereof so required.

• (12) Notwithstanding subsections (1.1) and (5), where a quality monitoring meter verification program has been implemented at an organization’s service facilities and the organization has complied with the criteria set out in the quality monitoring meter verification program manual, the owner shall pay

  • (a) for each meter inspected or for each meter verified or reverified under inspection level 1 as set out in the quality monitoring meter verification program manual, the fee set out for that type of meter in column III of

    • (i) Part I of Schedule 1, for electricity meters, and

    • (ii) Part IV of Schedule 1, for gas meters;

  • (b) for each meter verified or reverified under inspection level 2 as set out in the quality monitoring meter verification program manual, two thirds of the fee set out for that type of meter in column III of

    • (i) Part I of Schedule 1, for electricity meters, and

    • (ii) Part IV of Schedule 1, for gas meters; and

  • (c) for each meter verified or reverified under inspection level 3 as set out in the quality monitoring meter verification program manual, one third of the fee set out for that type of meter in column III of

    • (i) Part I of Schedule 1, for electricity meters, and

    • (ii) Part IV of Schedule 1, for gas meters.

• (13) Notwithstanding subsections (1), (3) and (5), no fee or charge is payable with respect to any investigation by an inspector pursuant to subsection 29(1).

PART XIAdministrative Monetary Penalties

Violations

48 The contravention of a provision of the Act or these Regulations set out in column 1 of Part 1 or 2, respectively, of Schedule 2 may be proceeded with as a violation in accordance with sections 29.11 to 29.29 of the Act.

Classification

49 The violation of each provision set out in column 1 of Part 1 or 2 of Schedule 2 is classified as a minor, serious or very serious violation in accordance with the classification set out in column 2.

Penalties

• 50 (1) The amount of the penalty in respect of each violation is, subject to subsection (2),

  • (a) $250, for a minor violation;

  • (b) $500, for a serious violation; and

  • (c) $1,000, for a very serious violation.

• (2) The amount of the penalty is to be adjusted in accordance with the calculation set out in column 2 of Schedule 3 that corresponds to the history set out in column 1 of the person who has committed the violation.

• (3) For the purposes of determining a person’s history, the points set out in column 3 of Part 1 or 2 of Schedule 2 are assigned for each violation of a provision set out in column 1.

51 The notice of violation is to set out that an amount equal to 50% of the penalty may be paid as complete satisfaction of the penalty if it is paid within the period referred to in subsection 53(1) and in the manner set out in the notice of violation in accordance with subsection 53(6).

Compliance Agreements

52 If the Minister enters into a compliance agreement under subsection 29.14(1) of the Act, the conditions of which include the making of expenditures by a person, the amount of the penalty set out in the notice of violation is to be reduced by an amount equal to one half of the expenditures made in fulfilment of the agreement, with a maximum reduction to nil.

Payment

• 53 (1) For the purposes of paragraph 29.12(2)(e) of the Act, payment is to be made within 15 days after the day on which the person is provided with the notice of violation.

• (2) For the purposes of subsection 29.13(1) of the Act, payment of the penalty set out in the notice of violation is to be made within 30 days after the day on which the person is provided with the notice.

• (3) For the purposes of paragraph 29.14(4)(a) of the Act, payment is to be made within 15 days after the day on which the person is provided with the notice of default.

• (4) For the purposes of subsection 29.15(1) of the Act, payment is to be made within 15 days after the day on which the person is provided with the Minister’s notice.

• (5) For the purposes of subsection 29.16(3) of the Act, payment is to be made within 15 days after the day on which the person is provided with notice of the Minister’s decision under subsection 29.16(1) or (2) of the Act.

• (6) A payment referred to in any of subsections (1) to (5) is to be made in one of the following manners, as set out in the applicable notice:

  • (a) by means of a certified cheque or money order made payable to the Receiver General for Canada and submitted to a Measurement Canada office

    • (i) [Repealed, SOR/2018-252, s. 2]

    • (ii) by registered mail, or

    • (iii) by courier; or

  • (b) by electronic means.

Requests Under Subsection 29.13(2) of the Act

• 54 (1) A request under paragraph 29.13(2)(a) or (b) of the Act shall be made, as set out in the notice, by submitting the following information in writing to a Measurement Canada office in person, by registered mail or courier or by electronic means within 30 days after the day on which the person is provided with the notice of violation:

  • (a) the notice of violation number, as set out in the notice;

  • (b) the person’s name, mailing address, email address, telephone number, facsimile number and contact person, if any;

  • (c) an indication of whether the person prefers to communicate in English or French;

  • (d) in the case of a request under paragraph 29.13(2)(a) of the Act, a proposal detailing the corrective action that will be taken to ensure the person’s compliance with the provision to which the violation relates; and

  • (e) in the case of a request made under 29.13(2)(b) of the Act, the person’s reasons for requesting the review.

• (2) [Repealed, SOR/2018-252, s. 3]

• (3) The date of the request is

  • (a) the day on which it is submitted, if it is submitted in person; or

  • (b) the day on which it is sent, if it is sent by registered mail, courier or electronic means.