Electricity and Gas Inspection Act

Contents

1Short title#

This Act may be cited as the Electricity and Gas Inspection Act.^note

2Definitions#

(1)In this Act,

accredited meter verifier means any person accredited under section 10; (vérificateur accrédité)

apparatus includes any machine, instrument or device; (appareil)

contractor means any person or body that has undertaken to supply electricity or gas to any purchaser; (fournisseur)

director means the director appointed under subsection 26(1); (directeur)

functions includes powers conferred and duties imposed by or under this Act; (fonctions)

gas includes natural gas and manufactured gas; (gaz)

inspector means any officer appointed under the authority of this Act and, in relation to any functions that may be executed by such an officer, includes any person designated under subsection 26(3) for the purpose of executing those functions; (inspecteur)

meter means an electricity or gas meter and includes any apparatus used for the purpose of making measurements of, or obtaining the basis of a charge for, electricity or gas supplied to a purchaser; (compteur)

Minister means the Minister of Industry; (ministre)

prescribed means prescribed by regulation; (Version anglaise seulement)

purchaser means any person to whom electricity or gas is sold; (consommateur)

verified meter means a meter that has been verified in accordance with this Act and the regulations. (compteur vérifié)

(2)The rendering ineffective of a seal pertaining to any meter shall, for the purposes of this Act, be deemed to constitute breaking the seal.

(3)Any reference in this Act, except in subsection 23(2), to the owner of a meter shall, in the case of a meter used by a contractor for any purpose mentioned in subsection 9(1), be construed as a reference to the contractor.

Units and Standards

3Units of electricity and gas#

(1)Subject to subsection (2) and the regulations,

(a)the unit of measurement for the sale of electricity shall be

(i)the watt hour,

(ii)the volt-ampere hour,

(iii)the var hour, or

(iv)the joule; and

(b)the unit of measurement for the sale of gas shall be

(i)in the case of sale by volume, the cubic metre or the cubic foot,

(ii)in the case of sale by energy units, the joule or the British Thermal Unit, and

(iii)in the case of sale by mass, the kilogram.

(2)Any requirement of this section that a unit of measurement be a unit specified in subsection (1) is sufficiently complied with if the unit of measurement

(a)is any multiple or submultiple of the unit so specified, and

(b)is capable of being expressed by way of a prefix specified in Part V of Schedule I to the Weights and Measures Act,

but nothing in this subsection applies to a cubic foot specified in subparagraph (1)(b)(i) or a British Thermal Unit specified in subparagraph (1)(b)(ii).

^note

4Custody of standard apparatus#

All standard apparatus necessary to establish the units of measurement for sales referred to in section 3 shall remain in the custody of the Minister and form part of the system of reference standards referred to in the Weights and Measures Act.^note

5Calibration of measuring apparatus#

No measuring apparatus, other than a standard designated under section 13 of the Weights and Measures Act, that is required for measurement or examination of electricity, gas or meters shall be used by an accredited meter verifier unless

(a)the apparatus is calibrated, and

(b)such calibration is certified,

in prescribed manner.^note

Registration

6Register of contractors#

(1)The director shall maintain, in accordance with the regulations, a register for the registration of contractors.

(2)No contractor shall sell electricity or gas on the basis of measurement unless he holds a certificate of registration issued under the authority of this subsection in respect of the supply of electricity or gas, as the case may be.

(3)Where a contractor ceases to sell electricity or gas on the basis of measurement, the contractor shall forthwith give notice, in prescribed manner, to the director to that effect and return to the director the certificate of registration referred to in subsection (2).

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Contractor’s Access and Reports

7Right of access by contractor#

(1)A contractor may, at all reasonable times, for the purpose of

(a)inspecting, testing, installing, repairing, removing or changing, when it is lawful for him to do so, any meters, wiring, piping, fittings or other apparatus of the contractor for the measurement or conveyance of electricity or gas supplied by him, or

(b)ascertaining the quantity or making other measurements of the electricity or gas consumed or supplied,

enter any premises belonging to or occupied by the purchaser to whom the contractor has undertaken to supply the electricity or gas.

(2)A contractor that has exercised any right of entry pursuant to subsection (1) is responsible for, and shall forthwith repair and make good, all damage caused by the entry or by any inspection, testing, installation, repair, removal or change for the purpose of which the contractor has exercised that right.

^note

8Service pressure reports#

A contractor shall, if the regulations so require, report at prescribed intervals to the director, in respect of any gas supplied by the contractor, such particulars of the service pressures as are prescribed.^note

Meters

9Verification#

(1)Subject to subsections (2) and (3), where a contractor or purchaser intends to use or cause to be used a meter for the purpose of obtaining the basis of a charge for electricity or gas supplied by or to him, the meter shall not, until it has been verified and sealed in accordance with this Act and the regulations, be put into service.

(2)The director may grant permission for the putting into service, without verification and sealing or without sealing, of any meter or any class, type or design of meter on a temporary basis under such terms and conditions and for such period as the director stipulates.

(3)The director may grant approval for the putting into service, without verification and sealing or without sealing, of any meter or any class, type or design of meter.

(4)No meter shall be verified pursuant to this Act until it or the class, type or design of meter to which it belongs has received the approval of the director.

^note

10Accredited meter verifiers#

Subject to the regulations, any person

(a)may, on making application in prescribed manner, be accredited by the director for purposes of the verification, sealing, reverification and resealing of any meter or any class, type or design of meter and the execution of prescribed incidental functions by that person or their employee, agent or mandatary; and

(b)shall, in the event of the granting of the application under paragraph (a), be issued with a certificate of accreditation in prescribed form by the director.

^note

11Revocation of permission#

(1)A permission granted under subsection 9(2) may, by notice given in prescribed manner, be revoked by the director for failure to comply with any of the terms or conditions on which the permission was granted.

(2)Any approval granted under subsection 9(3) or (4) or accreditation granted under section 10 may, by notice given in prescribed manner, be revoked by the Minister for failure to comply with any conditions to which that approval or accreditation has been made subject in accordance with the regulations.

(3)Where a permission under subsection 9(2) or an approval under subsection 9(3) is revoked, any meter that is in service pursuant to the permission or approval at the time of the revocation shall thereupon be taken out of service unless, in the case of revocation of an approval, the notice of revocation otherwise provides.

(4)No permission under subsection 9(2), approval under subsection 9(3) or (4) or accreditation under section 10 shall be revoked unless

(a)notice of the proposal to revoke it has been given in prescribed manner;

(b)any interested person objecting to the proposal has been afforded reasonable opportunity to make representations with respect to his objection; and

(c)the representations, if any, so made have been taken into account in deciding whether to implement such proposal.

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12Reverification#

(1)Within

(a)the period of eight years from verification, and the period of eight years from each reverification, of a meter used for the purpose of obtaining the basis of a charge for electricity,

(b)the period of seven years from verification, and the period of seven years from each reverification, of a meter used for the purpose of obtaining the basis of a charge for gas, or

(c)such other period from any or each verification or reverification of a meter as may be determined in any case or class of cases by the director,

the meter shall be submitted to reverification, together with resealing or marking, or to cancellation of the seal or mark, as the case may require, under this Act and the regulations.

(2)No period determined under paragraph (1)(c) for any reverification shall be shorter than the period specified therefor in paragraph (1)(a) or (b) unless the director so determines the period under paragraph (1)(c) with the approval of the Minister, in which event the director shall cause to be given, in prescribed manner and before a prescribed time prior to expiration of the period determined under paragraph (1)(c), notice that the reverification within the period so determined, instead of within the period so specified, is required.

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13Exercise of powers by inspector#

The power to deal with a meter in any manner provided or referred to in section 12 or specified or authorized pursuant to paragraph 28(1)(c) or (d) may be exercised by an inspector, on the general or special instructions of the director, whether or not the meter may be or has been so dealt with by an accredited meter verifier.^note

14Certificates#

On verification or reverification of a meter by an inspector or an accredited meter verifier who is not the owner of the meter, the inspector or meter verifier shall, in prescribed manner, issue to the owner a certificate containing prescribed particulars respecting the verification or reverification.^note

15Persons authorized to deal with meters#

(1)No meter shall be verified, sealed, reverified or resealed by any person other than an inspector or an accredited meter verifier, and no person,

(a)other than an inspector, shall break the seal of any verified meter the correctness of which is in dispute; or

(b)other than an inspector, an accredited meter verifier or the owner, shall, except as prescribed, break the seal of any verified meter.

(2)Except as otherwise provided by or pursuant to this Act, no meter on which the seal has been broken shall be put into service or continued in use until it has been reverified and resealed.

^note

16Owner’s liability#

(1)The owner of each verified meter that is in use shall keep it in good repair and is responsible for causing it to be dealt with in accordance with the requirements of this Act and the regulations, and, subject to those requirements, the owner is liable to pay any fees chargeable for dealing with the meter in accordance with those requirements.

(2)An owner referred to in subsection (1) shall keep records containing such information related to the administration of this Act, in such form, at such place and for such period as may be prescribed.

^note

17Records of accredited meter verifiers#

Every accredited meter verifier shall keep records containing such information related to the administration of this Act, in such form, at such place and for such period as may be prescribed.^note

18Examination of records#

All records kept pursuant to sections 16 and 17 shall be open for examination by an inspector during normal business hours and the inspector may make such copies thereof or extracts therefrom as he may require.^note

19Contractor to provide facilities for testing#

Every contractor shall provide free of charge,

(a)where the supply of electricity is undertaken by him, electricity, equipment and all reasonable facilities, and

(b)where the supply of gas is undertaken by him, gas, equipment and all reasonable facilities,

at such place or places as the director may designate for the purpose of making such tests of the electricity or gas and of any of the meters and other apparatus relating to that supply as the director deems necessary for the purposes of this Act.^note

20Entry by accredited meter verifier or inspector exercising powers#

Any premises may, at all reasonable times, be entered

(a)by any inspector, where on reasonable grounds he believes the entry to be required, for the purpose of exercising any power conferred on him by section 13 or 18; or

(b)by any accredited meter verifier, where on reasonable grounds he believes the entry to be required, for the purpose of executing, in respect of a meter on or in those premises, any functions relating or incidental to its verification or reverification.

^note

21Assistance to inspector or accredited meter verifier#

The owner or person in charge of, and every person employed in, premises entered by an inspector or an accredited meter verifier pursuant to section 20 or subsection 26(6) shall give the inspector or accredited meter verifier all reasonable assistance in his power to enable the inspector or accredited meter verifier to execute his functions pursuant to this Act and shall furnish him with such information with respect to the administration of this Act and the regulations as he may reasonably require.^note

22Direction to take meter out of service#

(1)The director may, by notice in writing given in prescribed manner to the owner of any meter, require the withdrawal of the meter from service if the director, having regard to the requirements of this Act and the regulations with respect to that meter or to meters of its class, type or design, believes on reasonable grounds that the withdrawal is necessary.

(2)An owner to whom notice is given under subsection (1) shall forthwith take all reasonable steps to comply therewith.

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Disputes

23Dispute procedure#

(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.

(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.

(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.

(4)The decision of the director on a matter referred to him pursuant to subsection (3) is final and conclusive.

^note

24Loss by error#

(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.

(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.

(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.

(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.

^note

Voltage Test

25Test of voltage#

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.^note

Administration

26Staff#

(1)There shall be appointed, in accordance with the Public Service Employment Act, a director and such other officers and employees as are necessary for the administration of this Act.

(2)The director has, under the Minister, the direction and general supervision of the administration and enforcement of this Act.

(3)Despite anything in this Act, except as provided in subsections (5) and (5.1), any functions that pertain to an inspector’s office may be performed by any person who is designated as an inspector by the Minister for the purpose of the performance of those functions.

(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, gas or meters may be appointed or designated under this section or act as a person so appointed or designated.

(5.1)A person designated as an inspector under subsection (3) is not authorized to exercise the powers set out in subsection 29.12(1).

(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.

(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).

(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.

(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.

27Inspectors’ fees and charges#

(1)All prescribed fees and charges determined by virtue of any regulation that are received in respect of the execution of the functions of inspectors form part of the Consolidated Revenue Fund and shall be accounted for and paid to the Receiver General at such times and in such manner as the Receiver General directs.

(2)All prescribed fees and charges determined by virtue of any regulation that are payable pursuant to this Act shall be recoverable as a debt due to the Crown.

^note

28Regulations#

(1)The Governor in Council may make regulations for carrying out the purposes and provisions of this Act and, without limiting the generality of the foregoing, may make regulations

(a)establishing or providing for the establishment of

(i)specifications relating to design, composition, construction and performance to which any meter or class, type or design of meter shall conform before permission or approval as regards that meter or class, type or design of meter may be given pursuant to section 9, and

(ii)specifications relating to the installation and use of any meter or any class, type or design of meter;

(b)prescribing, notwithstanding anything in the Weights and Measures Act, any units of measurement in lieu of, or as alternatives or in addition to, units specified, whether as alternatives or otherwise, in section 3;

(c)specifying or providing for specification of the manner in which meters of any class, type or design, or in any circumstances, are to be tested, verified, sealed, reverified or resealed and the manner and circumstances in which those meters are to be stamped, restamped, labelled, relabelled, tagged, retagged or otherwise marked;

(d)authorizing the director to establish plans for the verification and reverification of meters of any class, type or design, or in any circumstances, by statistical means on the basis of sampling;

(e)prescribing the fees payable by any person for any certificate, inspection or service provided by an inspector pursuant to this Act;

(f)determining the nature of any charges that a person may be required to pay in relation to any inspection or service provided by an inspector pursuant to this Act and the manner in which those charges shall be determined;

(g)prescribing the time when, or period of time within which, and the manner in which any of the fees and charges referred to in paragraphs (e) and (f) shall be paid;

(h)specifying the variations in the conditions of supply within which the readings of any verified meter or of verified meters of any class, type or design shall be lawful;

(i)prescribing

(i)records and documents to be kept, made, issued or used for the purposes of this Act, the form thereof and the information to be contained therein, and

(ii)the time when, or period of time for or within which, and the manner in which any of the records and documents referred to in subparagraph (i) are to be kept, made, issued or used for the purposes of this Act;

(j)prescribing

(i)requirements to be satisfied before the director may grant any permission, approval or accreditation pursuant to this Act, and

(ii)the procedure for making application for the grant of any permission, approval or accreditation or for registration under section 6,

and specifying or providing for specification of conditions to which any grant shall be or may be made subject;

(k)prescribing functions of inspectors and governing the execution of their functions;

(l)prescribing the conditions and manner of determination of units of measurement referred to in this Act;

(m)governing the pressure under which gas is to be supplied;

(n)providing for determination of the quantity, energy density or energy concentration of gas and establishing standards therefor;

(o)specifying or providing for specification of the manner of making such tests, other than those in regard to meters, as are required under this Act;

(p)authorizing the director to delegate his functions under any provision of this Act, other than subsection 11(1) or section 22;

(q)exempting, conditionally or unconditionally, any meter or any class, type or design of meter or any class or type of transaction from any or all of the provisions of this Act;

(r)prohibiting, absolutely or to any extent, the presence of anything in gas supplied to a purchaser; and

(s)prescribing any matter required or authorized by this Act to be prescribed.

(2)Subject to subsection (3), a copy of each regulation that the Governor in Council proposes to make pursuant to this Act shall be published in the Canada Gazette and a reasonable opportunity shall be afforded to interested persons to make representations with respect thereto.

(3)Subsection (2) does not apply in respect of a proposed regulation that

(a)has been published pursuant to that subsection, whether or not it has been amended as a result of representations made pursuant to that subsection; or

(b)makes no material substantive change in an existing regulation.

28.1Ministerial regulations#

(1)Despite anything in the Weights and Measures Act, the Minister may make regulations prescribing units of measurement for electricity and gas sales in addition to the units specified in section 3.

(2)A regulation made under subsection (1) ceases to have effect on the earliest of

(a)the day on which a regulation made under paragraph 28(1)(b) that has the same effect as the regulation comes into force,

(b)the third anniversary of the day on which the regulation made under subsection (1) comes into force, or

(c)the day on which it is repealed.

^note

29Report on administration of Act#

As soon as practicable after the expiration of a period of five years beginning on the earliest day on which this Act or a provision thereof is in force, whether as regards electricity or gas or both, the Minister shall prepare a report with respect to the administration of this Act during that period and shall lay a copy of the report before Parliament on any of the first fifteen days that either House of Parliament is sitting after he completes it.^note

Administrative Monetary Penalties

Powers of the Governor in Council

29.1Regulations#

The Governor in Council may make regulations

(a)designating any provision of this Act — other than paragraphs 30(b) to (e) and subsection 32(1) — or of the regulations as a provision whose contravention may be proceeded with as a violation in accordance with sections 29.11 to 29.29;

(b)establishing a penalty, or a range of penalties, in respect of each violation;

(c)establishing criteria to be considered in determining the amount of the penalty if a range of penalties is established;

(d)classifying each violation as a minor violation, a serious violation or a very serious violation;

(e)respecting the circumstances under which, the criteria by which and the manner in which the amount of a penalty may be increased or reduced in whole or in part; and

(f)respecting a lesser amount that may be paid as complete satisfaction of a penalty if it is paid within the prescribed time and in the prescribed manner, including the circumstances in which the lesser amount may be set out in a notice of violation.

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Violations

29.11Commission of violation#

(1)Every person who contravenes a provision designated under paragraph 29.1(a) commits a violation and is liable to a penalty established in accordance with the regulations.

(2)The purpose of a penalty is to promote compliance with this Act and not to punish.

(3)The maximum penalty for a violation is $2,000.

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Proceedings

29.12Notice of violation#

(1)An inspector may issue a notice of violation and cause it to be provided to a person if the inspector has reasonable grounds to believe that the person has committed a violation.

(2)The notice of violation must

(a)name the person believed to have committed the violation;

(b)identify the acts or omissions that constitute the alleged violation;

(c)set out the penalty for the violation that the person is liable to pay;

(d)set out the particulars concerning the time and manner of payment; and

(e)subject to the regulations, set out a lesser amount that may be paid as complete satisfaction of the penalty if it is paid within the prescribed time and in the prescribed manner that are set out in the notice.

(3)A notice of violation must clearly summarize, in plain language, the rights and obligations under this section and sections 29.13 to 29.26 of the person to whom it is provided, including the right to request a review of the acts or omissions that constitute the alleged violation or of the amount of the penalty and the procedure for requesting the review.

(4)The Minister may establish a short-form description of each violation to be used in notices of violation.

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Penalties

29.13Effect of payment#

(1)If the person who is named in a notice of violation pays, within the prescribed time and in the prescribed manner that are set out in the notice, the amount of the penalty — or, if applicable, the lesser amount that may be paid as complete satisfaction of the penalty — set out in the notice,

(a)they are deemed to have committed the violation to which the amount paid relates;

(b)the Minister shall accept the amount as complete satisfaction of the penalty; and

(c)the proceedings commenced in respect of the violation under section 29.12 are ended.

(2)Instead of paying the penalty or, if applicable, the lesser amount that may be paid as complete satisfaction of the penalty, the person who is named in the notice may, within the prescribed time and in the prescribed manner that are set out in the notice,

(a)request to enter into a compliance agreement with the Minister that ensures the person’s compliance with the provision to which the violation relates, if the penalty is $1,000 or more; or

(b)request a review by the Minister of the acts or omissions that constitute the alleged violation or the amount of the penalty.

(3)If the person who is named in the notice does not pay the penalty or, if applicable, the lesser amount that may be paid as complete satisfaction of the penalty, within the prescribed time and in the prescribed manner and does not exercise any right referred to in subsection (2) within the prescribed time and in the prescribed manner, the person is deemed to have committed the violation identified in the notice.

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Compliance Agreements

29.14Compliance agreements#

(1)After considering a request made under paragraph 29.13(2)(a), the Minister may enter into a compliance agreement, as described in that paragraph, with the person making the request on any conditions that are satisfactory to the Minister, which conditions may

(a)include a provision for the giving of reasonable security, in a form and in an amount that are satisfactory to the Minister, as a guarantee that the person will comply with the compliance agreement; and

(b)provide for the reduction, in whole or in part, of the amount of the penalty for the violation.

(2)A person who enters into a compliance agreement with the Minister is, on doing so, deemed to have committed the violation to which the compliance agreement relates, and the proceedings commenced in respect of the violation under section 29.12 are ended.

(3)If the Minister is of the opinion that a person who has entered into a compliance agreement has complied with it, the Minister shall cause the person to be provided with a notice to that effect, at which time any security given by the person under that agreement shall be returned to the person.

(4)If the Minister is of the opinion that a person who has entered into a compliance agreement has not complied with it, the Minister shall cause the person to be provided with a notice of default to the effect that

(a)instead of the penalty set out in the compliance agreement, the person is liable to pay, within the prescribed time and in the prescribed manner that are set out in the notice of default, twice the amount of the penalty set out in the notice of violation and, for greater certainty, subsection 29.11(3) does not apply in respect of that amount; or

(b)the security, if any, given by the person under the compliance agreement is forfeited to Her Majesty in right of Canada.

(5)Once they have been provided with the notice of default, the person shall pay the amount set out in it or, if the notice provides for the forfeiture of the security given under the compliance agreement, that security is forfeited to Her Majesty in right of Canada.

(6)If the person pays the amount set out in a notice of default under paragraph (4)(a) within the prescribed time and in the prescribed manner that are set out in the notice,

(a)the Minister shall accept the amount as complete satisfaction of the amount owing; and

(b)the compliance agreement entered into under subsection (2) terminates.

^note

29.15Refusal to enter into compliance agreement#

(1)If the Minister refuses to enter into a compliance agreement after considering a request made under paragraph 29.13(2)(a), the Minister shall cause the person to be provided with a notice to that effect and the person who is named in the notice is liable to pay the amount of the penalty within the prescribed time and in the prescribed manner that are set out in the notice.

(2)If the person pays the amount within the prescribed time and in the prescribed manner that are set out in the notice

(a)they are deemed to have committed the violation to which the amount paid relates;

(b)the Minister shall accept the amount as complete satisfaction of the penalty; and

(c)the proceedings commenced in respect of the violation under section 29.12 are ended.

(3)If the person does not pay the amount within the prescribed time and in the prescribed manner that are set out in the notice, they are deemed to have committed the violation.

^note

Review by the Minister

29.16Review — violation#

(1)After completing a review requested under paragraph 29.13(2)(b) with respect to the acts or omissions that constitute the alleged violation identified in the notice of violation, the Minister shall determine whether the person who is named in the notice committed the violation and, if the Minister determines that the person did so but considers that the amount of the penalty for the violation was not established in accordance with the regulations, the Minister shall correct that amount and cause the person to be provided with a notice of the Minister’s decision.

(2)After completing a review requested under paragraph 29.13(2)(b) with respect to the amount of the penalty set out in the notice of violation, the Minister shall determine whether the amount of the penalty was established in accordance with the regulations and, if the Minister determines that it was not, the Minister shall correct that amount and cause the person to be provided with a notice of the Minister’s decision.

(3)The person who is provided with a notice of the Minister’s decision is liable to pay the amount of the penalty that is set out in it within the prescribed time and in the prescribed manner that are set out in the notice.

(4)If the person pays the amount of the penalty that is set out in the notice of the Minister’s decision within the prescribed time and in the prescribed manner that are set out in the notice,

(a)the Minister shall accept the amount as complete satisfaction of the penalty; and

(b)the proceedings commenced in respect of the violation under section 29.12 are ended.

(5)The Minister is to consider only written evidence and written submissions in determining whether a person committed a violation or whether the amount of a penalty was established in accordance with the regulations.

^note

Recovery of Debts

29.17Debts to Her Majesty#

(1)The following amounts are debts due to Her Majesty in right of Canada that may be recovered in the Federal Court:

(a)the amount of a penalty set out in a notice of violation, beginning on the day on which it is required to be paid in accordance with the notice, unless a request is made to enter into a compliance agreement with the Minister or to have the Minister review the acts or omissions that constitute the violation or the amount of the penalty;

(b)every amount set out in a compliance agreement entered into with the Minister under subsection 29.14(1), beginning on the day specified in that agreement or, if no day is specified, beginning on the day on which the agreement is entered into;

(c)the amount set out in a notice of default referred to in subsection 29.14(4), beginning on the day specified in the notice;

(d)the amount of a penalty set out in the Minister’s notice under subsection 29.15(1) or in the notice of the Minister’s decision made under subsection 29.16(1) or (2), beginning on the day specified in the notice; and

(e)the amount of any reasonable expenses incurred in attempting to recover an amount referred to in any of paragraphs (a) to (d).

(2)No proceedings to recover such a debt may be commenced later than five years after the debt becomes payable.

(3)The debt is final and may not be reviewed, restrained, prohibited, removed, set aside or otherwise dealt with except to the extent and in the manner provided by sections 29.13 to 29.16.

^note

29.18Certificate of default#

(1)The Minister may issue a certificate certifying the unpaid amount of any debt referred to in subsection 29.17(1).

(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.

^note

Rules of Law About Violations

29.19Violations not offences#

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

29.2Due 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.

(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.

^note

29.21Burden 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.^note

29.22Offences 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.^note

29.23Vicarious 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.^note

29.24Continuing 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.^note

Other Provisions

29.25Evidence#

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.^note

29.26Limitation 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.^note

29.27Certification 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.^note

29.28Information 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.

^note

29.29How 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.^note

Offences and Punishment

30Falsification 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.^note

31Forfeiture#

(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.

(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.

(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.

(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.

(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.

32Stealing 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.

(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.

(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.

^note

33Other 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)[Repealed, 2011, c. 3, s. 8] (repealed)

(m)[Repealed, 2011, c. 3, s. 8] (repealed)

(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.

(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.

^note

34Punishment — 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.^note

35Extension of liability for offences#

(1)In sections 30 to 34, “person” includes an unincorporated body that is a contractor.

(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.

^note

35.1Due 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.^note

Legal Proceedings

36Offence 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.

(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.

(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.

(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.

(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.

^note

37Certificates 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.

(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.

(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.

^note

38Evidence of registration certificate#

(1)Subject to subsection (2), on the trial of an offence consisting of a contravention of subsection 6(2) or (3), any document purporting to be a certificate of registration issued under the authority of subsection 6(2) shall, in the absence of evidence to the contrary, be deemed to be such a certificate.

(2)Subsection (1) does not apply to any document unless the party intending to produce it at the trial referred to in that subsection has given to the party against whom the document is intended to be produced reasonable notice of that intention together with a copy of the document.

^note

Adaptation

39Order of the Governor in Council#

(1)Subject to subsection (2) and sections 40 to 43, the Governor in Council may, by order, provide for the application of any provisions of this Act, with any necessary adaptations specified in the order, in relation to

(a)any apparatus or class, type or design of apparatus by means of which

(i)a meter registers, a reading therefrom is obtained or the basis of a charge for electricity or gas is established from that reading,

(ii)measurements respecting the extraction of natural gas are made to obtain the basis of any royalty or charge therefor, or

(iii)a supply of electricity or gas is metered in any case not referred to in subsection 9(1); or

(b)any supply or class or type of supply of any energy whatever or source thereof in such a form that the use of a meter in respect thereof was not contemplated by approval granted under subsection 9(4) before the making of the order.

(2)An order made under subsection (1) with respect to apparatus used to obtain the basis of any royalty or charge referred to in subparagraph (1)(a)(ii) that is due to Her Majesty in right of any province, or to any other person, shall not have effect with respect to any such apparatus in a province unless, at the request of the government thereof, the order is, by its terms, expressed to have that effect.

(3)Subsections 28(2) and (3) shall, with any necessary adaptations, apply in respect of a proposed order under subsection (1) as they apply in respect of a proposed regulation.

^note

40Tabling order#

(1)An order made pursuant to paragraph 39(1)(b) shall be laid before Parliament not later than the fifteenth sitting day of Parliament after it is issued.

(2)An order referred to in subsection (1) shall come into force on the thirtieth sitting day of Parliament after it has been laid before Parliament pursuant to that subsection unless before the twentieth sitting day of Parliament after the order has been laid before Parliament a motion for the consideration of either House, to the effect that the order be revoked, signed by not less than fifty members of the House of Commons in the case of a motion for the consideration of that House and by not less than twenty members of the Senate in the case of a motion for the consideration of the Senate, is filed with the Speaker of the appropriate House.

(3)Where a motion for the consideration of the House of Commons or Senate is filed as provided in subsection (2) with respect to a particular order referred to in subsection (1), that House shall, not later than the sixth sitting day of that House following the filing of the motion, take up and consider the motion unless a motion to the like effect has earlier been taken up and considered in the other House.

(4)For the purposes of subsections (1) and (2), sitting day of Parliament means a day on which either House of Parliament sits.

^note

41Time for disposition of motion#

(1)A motion taken up and considered in accordance with subsection 40(3) shall be debated without interruption for not more than five hours and, on the conclusion of the debate or at the expiration of the fifth hour, the Speaker of the House of Commons or the Senate, as the case may be, shall forthwith, without further debate or amendment, put every question necessary for the disposition of the motion.

(2)If a motion taken up and considered in accordance with subsection 40(3) is adopted, with or without amendments, a message shall be sent from the House of Parliament adopting the motion informing the other House that the motion has been so adopted and requesting that the motion be concurred in by that other House.

(3)Within the first fifteen days next after receipt by it of a request pursuant to subsection (2) that the House of Parliament receiving the request is sitting, that House shall take up and consider the motion that is the subject of the request and all questions in connection therewith shall be debated without interruption for not more than five hours and, on the conclusion of the debate or at the expiration of the fifth hour, the Speaker of that House shall forthwith, without further debate or amendment, put every question necessary to determine whether or not the motion in question is concurred in.

^note

42Where motion adopted and concurred in#

(1)Where a motion taken up and considered in accordance with sections 40 and 41 is adopted by the House of Parliament in which it was introduced and is concurred in by the other House, the particular order to which the motion relates shall stand revoked but without prejudice to the making of a further order of a like nature pursuant to paragraph 39(1)(b).

(2)Where a motion taken up and considered in accordance with sections 40 and 41 is not adopted by the House of Parliament in which it was introduced or is adopted, with or without amendments, by that House but is not concurred in by the other House, the particular order to which the motion relates comes into force immediately on the failure to adopt the motion or concur therein, as the case may be.

^note

43Negative resolution of Parliament#

When each House of Parliament enacts rules whereby any regulation made subject to negative resolution of Parliament within the meaning of section 39 of the Interpretation Act may be made the subject of a resolution of both Houses of Parliament introduced and passed in accordance with the rules of those Houses, sections 40 to 42 of this Act are thereupon repealed and an order made thereafter pursuant to paragraph 39(1)(b) is an order made subject to negative resolution of Parliament within the meaning of section 39 of the Interpretation Act.^note

Her Majesty

44Binding on Her Majesty#

This Act is binding on Her Majesty in right of Canada or a province.^note

Repeal and Transitional

45Repeals#

The Electricity Inspection Act, chapter E-4 of the Revised Statutes of Canada, 1970, and the Gas Inspection Act, chapter G-2 of the Revised Statutes of Canada, 1970, are repealed.^note

46Transitional#

(1)Reference in this Act to a verified meter includes a meter that has, before the commencement of this Act, been verified in accordance with the Electricity Inspection Act, chapter E-4 of the Revised Statutes of Canada, 1970, or the Gas Inspection Act, chapter G-2 of the Revised Statutes of Canada, 1970, and with the regulations made thereunder.

(2)Any permission or approval granted by the Minister or director pursuant to section 8 or 9 of the Electricity Inspection Act, chapter E-4 of the Revised Statutes of Canada, 1970, or subsection 9(4) of the Gas Inspection Act, chapter G-2 of the Revised Statutes of Canada, 1970, and subsisting immediately before the commencement of this Act shall have effect as if granted under section 9 of this Act but, subject to subsection 11(4), the Minister may, if he deems it proper to do so, revoke any such permission or approval and thereupon subsection 11(3) shall apply accordingly.

(3)Where a contractor

(a)sells electricity on the basis of measurement and holds a certificate of registration obtained under section 7 of the Electricity Inspection Act, chapter E-4 of the Revised Statutes of Canada, 1970, or

(b)sells gas on the basis of measurement and holds a certificate of registration obtained under section 5 of the Gas Inspection Act, chapter G-2 of the Revised Statutes of Canada, 1970,

the certificate shall, if it was valid immediately before the commencement of this Act, be deemed to have been issued under the authority of subsection 6(2) in respect of the supply of electricity or gas, as the case may be, and, on a trial referred to in section 38, any document purporting to be a certificate referred to in paragraph (a) or (b) shall, in the absence of evidence to the contrary, be deemed to be such a certificate but this subsection, in so far as it requires any such document to be deemed such a certificate, does not apply unless the party intending to produce the document at the trial has given to the party against whom it is intended to be produced reasonable notice of such intention together with a copy of the document.

^note

Coming into Force

*47Commencement#

This Act or any provision thereof shall come into force on a day or days to be fixed by proclamation and different days may be so fixed for any such provision to come into force as regards electricity and gas, respectively.^note

Related provisions

— 2011, c. 3, s. 29.1The Minister of Industry must complete a review of the provisions and the operation of this Act within five years after it receives royal assent.The Minister must cause a report of the results of the review to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the report has been completed.

Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.