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

Marginal note:Certificates of inspectors

• 37 (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.

Marginal note:Evidence of registration certificate

• 38 (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.

• Marginal note:Notice required

  (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.

Adaptation

Marginal note:Order of the Governor in Council

• 39 (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.

• Marginal note:Provincial government’s request needed

  (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.

• Marginal note:Application of subsections 28(2) and (3)

  (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.

Marginal note:Tabling order

• 40 (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.

• Marginal note:Coming into force of order

  (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.

• Marginal note:Consideration of motion

  (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.

• Marginal note:Definition of “sitting day of Parliament”

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

Marginal note:Time for disposition of motion

• 41 (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.

• Marginal note:Procedure on adoption of 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.

• Marginal note:Procedure in 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.

Marginal note:Where motion adopted and concurred in

• 42 (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).

• Marginal note:Where motion not adopted or concurred in

  (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.

Marginal note:Negative resolution of Parliament

43 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.

Her Majesty

Marginal note:Binding on Her Majesty

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

Repeal and Transitional

Marginal note:Repeals

45 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.

Marginal note:Transitional

• 46 (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.

• Marginal note:Idem

  (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.

• Marginal note:Idem

  (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.

Coming into Force

Marginal note:Commencement

Footnote ^*47 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.

• Return to footnote ^*[Note: Act in force January 25, 1986, see SI/86-20.]