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

Short Title

1 These Regulations may be cited as the Electricity and Gas Inspection Regulations.

Interpretation

• 2 (1) In these Regulations,

  absolute pressure scale

  absolute pressure scale means the pressure measuring scale the zero of which represents the pressure exerted by a total vacuum; (échelle de pression absolue)

  accreditation audit

  accreditation audit means an assessment of the facilities, procedures and capabilities of an applicant for accreditation as a meter verifier to ascertain whether the required standards of meter performance control can be met and maintained by the applicant; (vérification d’accréditation)

  Act

  Act means the Electricity and Gas Inspection Act; (Loi)

  average flowing gas temperature

  average flowing gas temperature means the time weighted or the volume weighted average of the temperatures of the gas flowing through a meter during the period a volume of gas is measured by the meter; (température moyenne d’écoulement du gaz)

  average meter pressure

  average meter pressure means the time weighted or the volume weighted average of the pressures exerted by the gas within a meter during the period a volume of gas is measured by the meter; (pression moyenne du compteur)

  electricity metering installation

  electricity metering installation means an installation that consists of more than one electricity meter installed at the same location and that is used for the purpose of obtaining the basis of a charge for electricity supplied to a purchaser; (installation de mesure de l’électricité)

  gas metering installation

  gas metering installation means an installation that consists of more than one gas meter installed at the same location and that is used for the purpose of obtaining the basis of a charge for gas supplied to a purchaser; (installation de mesure du gaz)

  gauge pressure scale

  gauge pressure scale means the pressure measuring scale the zero of which represents the pressure exerted by the earth’s atmosphere at the time and place the measurement is taken; (échelle de pression manométrique)

  measured atmospheric pressure

  measured atmospheric pressure means the time weighted or volume weighted average of the atmospheric pressures measured at the location of a meter during the period a volume of gas is measured by the meter; (pression atmosphérique mesurée)

  Measurement Canada office

  Measurement Canada office means any office of the Department of Industry for use by persons employed in the administration of the Act; (bureau de Mesures Canada)

  standard conditions

  standard conditions means standard temperature and standard pressure; (conditions normales)

  standard pressure

  standard pressure means

  • (a) in the International system of units, an absolute pressure equal to 101.325 kPa, and

  • (b) in the Imperial system of units,

    • (i) 14.73 psia, or

    • (ii) 30 in. of mercury at 32°F; (pression normale)

  standard temperature

  standard temperature means a temperature that is equal to

  • (a) 15°C in the International system of units, or

  • (b) 60°F in the Imperial system of units; (température normale)

  standard volume

  standard volume means a volume of gas expressed in units of either the cubic metre or the cubic foot at standard pressure and standard temperature as determined in accordance with section 35. (volume normal)

• (2) Where a word or expression is used in these Regulations to describe a type of meter, a function or part of a meter or a measurement, that term shall have the meaning set out in the appropriate specifications, as amended from time to time, made available pursuant to sections 12, 18, 19, 44 and 45.

Exemptions

• 3 (1) Instrument transformers that are designed and constructed to have fixed, non-adjustable accuracy characteristics are exempted from subsection 9(1) of the Act.

• (2) A gas meter with a broken seal is exempt from the requirement that it not be continued in use until it has been reverified under subsection 15(2) of the Act if all of the following conditions are satisfied:

  • (a) the seal was deliberately broken by an inspector or accredited meter verifier for the purpose of installing or removing a device that transmits the reading of the meter to a remote location;

  • (b) no components of the meter other than the register cover and the register have been removed from the meter;

  • (c) any component that has been removed from the meter has been promptly replaced such that the reading of the register is unchanged except for, in cases where the register has not been removed, increases indicating the volume of gas that passed through the meter during the time the seal was broken; and

  • (d) the meter is promptly resealed and restamped, relabelled, retagged or otherwise marked by an inspector or accredited meter verifier in accordance with the specifications made available by the director pursuant to section 18 of these Regulations.

• (3) A meter that was originally sealed using a plastic filament of any diameter or a metallic filament with a diameter of less than 0.644 mm and that is discovered in service with a broken seal is exempt from the requirement of subsection 15(2) of the Act that it not be continued in use until it has been reverified if both of the following conditions are satisfied:

  • (a) there is no visible sign that the broken seal resulted from an attempt to alter or affect the working parts or adjustments of the meter or in any other way affect the registration of the meter; and

  • (b) the meter is resealed by an inspector in accordance with the Act and these Regulations.

Delegation of Functions

• 4 (1) The director may delegate, in writing, his functions under any provision of the Act, other than subsection 11(1) or section 22.

• (2) Prior to any delegation pursuant to subsection (1) notice of the delegation shall be published in the Canada Gazette.

PART IUnits and Measuring Apparatus

Units

• 5 (1) Where the amount of electricity supplied and the time-related demand for electricity supplied are the joint basis of a charge for electricity sold to a purchaser, the unit of measurement for the sale of such electricity shall be, with respect to the amount of electricity sold, a unit referred to in paragraph 3(1)(a) of the Act and, with respect to the time-related demand for electricity sold,

  • (a) the watt;

  • (b) the volt-ampere; or

  • (c) the var.

• (2) Where the unit of measurement for the sale of electricity is the volt-ampere or volt-ampere hour, vector addition shall be used to determine the total number of such units in a combination of polyphase circuits.

• 6 (1) The cubic metre and the cubic foot referred to in subparagraph 3(1)(b)(i) of the Act shall be determined at standard pressure and at standard temperature.

• (2) The British Thermal Unit referred to in subparagraph 3(1)(b)(ii) of the Act shall be defined as the quantity of energy that must be added to one pound avoirdupois of distilled water to raise its temperature from 60°F to 61°F under standard pressure and is represented in these Regulations by the symbol “Btu_(60.5)”.

Measuring Apparatus

7 A measuring apparatus that is required for measurement of electricity or gas or examination of meters shall be calibrated in the following manner:

• (a) by testing its accuracy at points throughout the measuring range of the apparatus; and

• (b) by tracing its accuracy at one or more points tested in accordance with paragraph (a) to reference standards kept by the National Research Council of Canada.

• 8 (1) For the purposes of section 5 of the Act, the calibration of a measuring apparatus referred to in section 7 shall be certified by the director on receipt of written particulars establishing

  • (a) that the apparatus has been calibrated in the manner prescribed in section 7;

  • (b) that the proposed manner of installation and use of the measuring apparatus is appropriate; and

  • (c) that no error at any of the points tested throughout the measuring range referred to in section 7 exceeds two per cent of the value or reading at that point indicated by the reference standard referred to in paragraph 7(b).

• (2) A certificate issued pursuant to subsection (1) shall be valid

  • (a) only for use of the measuring apparatus within the measuring range referred to in section 7;

  • (b) only for the installation and use of the measuring apparatus as referred to in paragraph (1)(b); and

  • (c) in the case of a measuring apparatus set out in an item of column I of the table to this section, for the period set out in column II of that item.

  Item	Column I	Column II
  	Description of Measuring Apparatus	Period of Validity of Certificate
  1	Any electricity measuring apparatus	1 year
  2	Any gas measuring apparatus	5 years

PART IIContractors

Registration

• 9 (1) The register referred to in subsection 6(1) of the Act shall be maintained for the registration of contractors who hold a certificate of registration pursuant to subsection 6(2) of the Act and shall contain for each of the contractors the information referred to in subsection (2).

• (2) A contractor who wishes to register under section 6 of the Act shall apply in writing for a certificate of registration and indicate whether the application concerns the supply of electricity or gas and such application shall contain

  • (a) the name of the contractor;

  • (b) the principal place of business of the contractor; and

  • (c) the geographical area in which the contractor intends to operate.

• (3) The original of a certificate of registration shall be sent to the contractor who has applied therefor and a copy thereof shall be retained with the register.

• (4) Where there is any change in the information provided by a contractor pursuant to subsection (2), the contractor shall forthwith inform the director in writing of any such change and shall return to the director the certificate of registration to which the change applies.

10 For the purposes of subsection 6(3) of the Act, a notice referred to in that subsection shall be sent by registered mail, shall state the date on which the contractor ceased to sell electricity or gas on the basis of measurement and shall contain details as to the disposition or intended disposition of all meters owned, used or possessed by the contractor.

Owner’s Records

• 11 (1) In this section,

  owner

  owner means an owner referred to in subsection 16(1) of the Act; (propriétaire)

  owner’s records

  owner’s records means the records required to be kept by an owner pursuant to subsection 16(2) of the Act. (dossier)

• (2) An owner’s records shall contain the following information and documentation if applicable for each verified or reverified meter in that owner’s use, namely,

  • (a) the type designation, serial number, rating and multiplier assigned by the manufacturer,

  • (b) the purchaser’s account number, name and address,

  • (c) the inspection number assigned by the contractor,

  • (d) the date of the meter’s latest reverification,

  • (e) the date of the meter’s initial verification or purchase,

  • (f) the applicable period referred to in section 12 of the Act within which the meter shall be submitted to reverification,

  • (g) the most recent certificate issued for the meter by an inspector or an accredited meter verifier,

  • (h) the parent group identification assigned by the owner,

  • (i) the meter’s current installation address,

  • (j) the date of the meter’s installation at its present location,

  • (k) in the case of an in-service unsealed meter, the date and nature of any maintenance work, and the date and results of any calibration,

  • (l) the date or dates on which the meter was sold, scrapped or otherwise disposed of, leased or lost, and

  • (m) for each billing period, the metering information used by the owner in establishing a charge,

  and, in the case of a verified or reverified meter used in respect of gas, shall also contain the following information, namely,

  • (n) an indication whether the verified or reverified meter corrects for temperature or pressure, or both,

  • (o) the metric conversion factor used for the purpose of billing,

  • (p) the mean atmospheric pressure or the atmospheric pressure calculated, declared or measured, as the case may be, pursuant to section 36 or 37, and applied to measurement calculations,

  • (q) where the pressure exerted by the gas within the meter is maintained constant by the use of an approved regulating device, the pressure multiplier established for the meter pursuant to section 36, and

  • (r) where the average meter pressure exceeds the mean atmospheric pressure or the atmospheric pressure calculated, declared or measured, as the case may be, pursuant to section 36 or 37, by more than 3.5 kPa in the International system of units or 0.5 psi in the Imperial system of units,

    • (i) in the case of a non-pressure converting meter, the average meter pressure expressed on the gauge pressure scale for each billing period,

    • (ii) in the case of a non-temperature converting meter, the average flowing gas temperature for each billing period,

    • (iii) the average relative density, the average carbon dioxide content and the average nitrogen content of gas metered for each billing period,

    • (iv) the supercompressibility factor established pursuant to section 40 and the method of its determination for each billing period, and

    • (v) in the case of an orifice meter, the size of the orifice plates and the dimensions of the primary element components in the orifice meter.

• (3) An owner’s records shall contain, in addition to the information referred to in subsection (2), the following information on a calendar year basis with respect to the verified or reverified meters in use by that owner:

  • (a) the total number of verified or reverified meters used to measure electricity or gas supplied

    • (i) to residential locations, and

    • (ii) to industrial or commercial locations; and

  • (b) a listing of the inspection numbers and types of verified or reverified meters due or overdue for reverification.

• (4) Where an owner installs a gas metering installation or an electricity metering installation, the owner’s records shall contain, in addition to the information referred to in subsection (2) for each meter, the following information respecting the installation of the meters:

  • (a) details of any apparatus, wiring and piping that may affect the accuracy of the meters;

  • (b) the consumption on a calendar year basis of electricity or gas at that location; and

  • (c) in the case of an electricity metering installation, the overall multiplier.

• (5) Where an owner has installed a gas metering installation or an electricity metering installation, that owner shall provide forthwith to the director the information contained in

  • (a) the records respecting the installed meters as referred to in

    • (i) paragraphs (2)(a) to (d),

    • (ii) paragraphs (2)(p) and (q), and

    • (iii) subparagraph (2)(r)(v); and

  • (b) the records respecting the installation as referred to in paragraphs (4)(a) and (c).

• (6) Where an owner sells gas on the basis of energy units, the owner’s records shall contain the following information respecting the owner’s gas distribution system:

  • (a) details of the system, including the location of each point of supply of gas thereto;

  • (b) the method whereby the calorific power of the gas sold is determined; and

  • (c) the calorific power of the gas sold and the variation thereof.

• (6.1) An owner’s records shall contain the following information respecting the determination of a supercompressibility factor:

  • (a) details of the system, including the location of each point of supply of gas; and

  • (b) the method by which the supercompressibility factor of the gas sold is determined.

• (7) An owner shall retain the records containing the information referred to

  • (a) in subsection (2) for a period of at least 12 months after the date the meter ceased to be used;

  • (b) in subsection (3) for a period of at least 12 months after the expiration of the calendar year to which the records referred to in that subsection apply;

  • (c) in subsection (4) for a period of at least 12 months after the date the gas metering installation or electricity metering installation, as the case may be, ceased to be used; and

  • (d) in subsection (6) for a period of at least 12 months after the date the gas distribution system ceased to be used.

PART IIISpecifications, Permission, Approval, Revocation and Withdrawal

Specifications

• 12 (1) The director shall establish and make available on request the specifications relating to design, composition, construction and performance to which any meter or any class, type or design of meter shall conform before permission or approval with regard to that meter or such class, type or design of meter may be given pursuant to section 9 of the Act.

• (2) The director shall establish and make available on request the specifications relating to the installation and use of any meter or any class, type or design of meter.

Application for Permission or Approval

13 An application for a permission or an approval referred to in section 9 of the Act shall be made in writing to the director and shall contain the following information:

• (a) the name and principal place of business of the applicant;

• (b) information sufficient to describe clearly the design, composition, construction and performance of the meter or the class, type or design of meter to which the application relates;

• (c) data that indicate whether the meter or the class, type or design of meter to which the application relates meets all applicable requirements of the Act, these Regulations and the specifications established pursuant to section 12;

• (d) where the manner of installation or use affects the performance of the meter or meters of the class, type or design to which the application relates, the manner in which the meter or each meter of the class, type or design is to be installed and used;

• (e) a copy of any promotional material, instructions and other information distributed or intended for distribution to purchasers or prospective purchasers of the meter or the class, type or design of meter to which the application relates; and

• (f) such additional information in respect of the meter or the class, type or design of meter that is necessary for the purposes of the application.

14 An applicant shall make available to the director the meter or one or more meters representative of the class, type or design of meter to which the application referred to in section 13 relates, and shall also make available such equipment, material and services as are required to inspect and test the meter or meters.

15 Where the director grants an approval under subsection 9(3) or (4) of the Act, the director shall specify in writing in the approval any conditions to which the approval is subject.

Revocation of Permission or Approval

• 16 (1) A notice, referred to in paragraph 11(4)(a) of the Act, of a proposal to revoke a permission or an approval shall

  • (a) be sent by registered mail to the latest known principal place of business of the person to whom the permission or approval was granted; and

  • (b) contain the following information, namely,

    • (i) the terms and conditions of the permission or the conditions of the approval, as the case may be,

    • (ii) the meter or class, type or design of meter to which the notice relates,

    • (iii) the date the permission or approval, as the case may be, was granted and the permission or approval number, if any, and

    • (iv) the term or condition of the permission or the condition of the approval, as the case may be, not complied with.

• (2) A notice, referred to in subsection 11(1) of the Act, of revocation of a permission and a notice, referred to in subsection 11(2) of the Act, of revocation of an approval shall

  • (a) be sent in the manner set out in paragraph (1)(a);

  • (b) contain the information referred to in paragraph (1)(b);

  • (c) in the case of a notice of revocation of a permission, contain a statement to the effect that, pursuant to subsection 11(3) of the Act, any meter that is in service pursuant to the permission being revoked shall be taken out of service; and

  • (d) in the case of a notice of revocation of an approval, contain a statement setting out any action to be taken pursuant to subsection 11(3) of the Act in respect of any meter that is in service pursuant to the approval being revoked.

Notice to Withdraw Meters from Service

17 A notice referred to in subsection 22(1) of the Act shall

• (a) state the grounds on which the withdrawal is believed to be necessary,

• (b) be dated,

• (c) be signed by the director, and

• (d) be sent by registered mail to the latest known principal place of business of the owner of the meter

and a copy of the notice shall be published forthwith in the Canada Gazette.

PART IVVerification and Reverification

18 The director shall establish and make available on request the specifications for the manner and circumstances in which meters of any class, type or design are to be tested, verified, sealed, reverified or resealed, and for the manner and circumstances in which any such meters are to be stamped, restamped, labelled, relabelled, tagged, retagged or otherwise marked.

19 The director is authorized 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.

20 A notice referred to in subsection 12(2) of the Act shall be sent, by registered mail, to such persons as are considered likely to be directly affected by the reverification referred to in the notice at least 180 days prior to the earliest date on which any meter to which the notice applies will be required to be reverified and a copy of the notice shall be published forthwith in the Canada Gazette.

Certificate

• 21 (1) A certificate issued pursuant to section 14 of the Act in respect of a meter shall be numbered for identification and shall contain the following particulars:

  • (a) the address or location at which the meter was verified or reverified;

  • (b) the date of the verification or reverification;

  • (c) the identification numbers of the meter;

  • (d) the name of the manufacturer of the meter;

  • (e) the class, type or design of the meter;

  • (f) the identification numbers of all measuring apparatus used in verifying or reverifying the meter;

  • (g) the name and address of the owner of the meter;

  • (h) the errors, if any, of the meter at all points tested;

  • (i) the name and the signature of the person issuing the certificate;

  • (j) whether the person signing the certificate is an inspector, an accredited meter verifier or a person, referred to in paragraph 10(a) of the Act, acting on behalf of an accredited meter verifier and, in the case of a person acting on behalf of an accredited meter verifier, the name of the accredited meter verifier on whose behalf that person is acting; and

  • (k) in the case of a gas meter, whether it is converting or non-converting for temperature or pressure, or both.

• (2) Where the verification or reverification of a meter has been done by statistical means on the basis of sampling, the certificate issued pursuant to section 14 of the Act shall include, in addition to the information required by subsection (1), an identification or listing of

  • (a) the parent group or lot; and

  • (b) the meters tested.

PART VAccreditation

22 An application for accreditation pursuant to section 10 of the Act shall be made in writing and shall state

• (a) the name and address of the applicant;

• (b) whether the accreditation sought is with respect to electricity meters or gas meters;

• (c) the class, type or design of meters to which the accreditation would apply; and

• (d) that the applicant agrees, should accreditation be granted, to provide information relating to the execution of his functions as an accredited meter verifier.

23 An application referred to in section 22 shall be accompanied by

• (a) a description of the applicant’s meter record system;

• (b) a copy of the most recent calibration certificate or accuracy check for each measuring apparatus to be used in the verification or reverification of meters;

• (c) a sample or scale drawing of any seal to be used;

• (d) a description of the applicant’s meter testing infrastructure and procedures and quality assurance infrastructure and procedures;

• (e) in the case of an application regarding gas meters, a floor plan, with north indicated thereon, showing the location of provers, heaters, air conditioning ducts, windows, doors and any other feature likely to have an effect on temperature stability or air movement; and

• (f) such additional information in respect of the meter or its installation as is necessary for the purposes of the application.

24 An applicant for accreditation pursuant to section 10 of the Act shall demonstrate through an accreditation audit

• (a) that the applicant has implemented and is maintaining acceptable procedures for

  • (i) meter performance control,

  • (ii) quality assurance,

  • (iii) meter records,

  • (iv) ensuring the security of seals and sealing tools, and

  • (v) ensuring that only meters that have been properly verified or reverified are sealed; and

• (b) that the facilities and test equipment of the applicant are such that all tests required by or pursuant to the Act can be carried out in accordance with the Act and these Regulations.

25 The director shall, in granting an accreditation, specify in writing in the certificate of accreditation any conditions to which the grant of accreditation is subject.

26 A certificate of accreditation referred to in paragraph 10(b) of the Act shall be dated and signed by the director and shall contain, in addition to any conditions specified in accordance with section 25,

• (a) the name and address of the accredited meter verifier;

• (b) whether the accreditation is with respect to electricity meters or gas meters;

• (c) the class, type and design of meters to which the accreditation applies; and

• (d) a statement to the effect that, pursuant to subsection 11(2) of the Act, the accreditation may be revoked by the Minister for failure to comply with any condition to which the grant of accreditation was subject.

• 27 (1) A notice, referred to in paragraph 11(4)(a) of the Act, of a proposal to revoke an accreditation shall be sent by registered mail to the latest known address of the accredited meter verifier to whom the accreditation was granted and a copy of the notice shall be published forthwith in the Canada Gazette.

• (2) A notice given pursuant to subsection (1) shall be dated and signed by the director and shall contain

  • (a) the information referred to in paragraphs 26(a) to (c);

  • (b) the date of the grant of accreditation; and

  • (c) the reason, or reasons, for proposing revocation.

• (3) A notice, referred to in subsection 11(2) of the Act, of revocation shall

  • (a) contain the information referred to in subsection (2);

  • (b) be dated and signed by the Minister; and

  • (c) be sent and a copy of the notice published in the manner specified in subsection (1).

Accredited Meter Verifier’s Records

• 28 (1) For the purposes of section 17 of the Act, an accredited meter verifier’s records shall contain the following information and documentation for each meter verified or reverified in the course of the accredited meter verifier’s business:

  • (a) a copy of the certificate issued pursuant to section 14 of the Act and referred to in subsection 21(1); and

  • (b) where the verification or reverification was done

    • (i) by statistical means on the basis of sampling, the information referred to in subsection 21(2), or

    • (ii) by the owner of the meter, a statement by the owner confirming that the verification or reverification was completed in the manner established pursuant to section 18.

• (2) For the purposes of section 17 of the Act, an accredited meter verifier’s records shall contain the following information and documentation for each measuring apparatus used in the course of the accredited meter verifier’s business, whether or not it is owned by the accredited meter verifier:

  • (a) a copy of the certificate referred to in subsection 8(2); and

  • (b) details of any associated test equipment and its calibration and maintenance.

• (3) For the purposes of section 17 of the Act, an accredited meter verifier’s records shall contain information respecting the results of any tests carried out in the course of the accredited meter verifier’s business.

• (4) An accredited meter verifier shall retain

  • (a) the records referred to in subsections (1) and (2) for a period of not less than six years after the date of the issue of the certificates referred to in those subsections; and

  • (b) the records referred to in subsection (3) for a period of not less than six years after the date the results first became available to the accredited meter verifier.

PART VIDisputes

• 29 (1) Where a request is made pursuant to subsection 23(1) of the Act by a contractor or purchaser who is dissatisfied with the condition or registration of a meter, an inspector shall investigate the matter by means of one or more of the following procedures:

  • (a) make inquiries of the contractor or purchaser who made the request and of any person who could reasonably be expected to have knowledge relevant to the matter;

  • (b) examine any records referred to in section 16 or 17 of the Act that are relevant to the matter; and

  • (c) test the meter that is the subject of the request, after reasonable notice to the contractor and the purchaser involved in the matter that the meter will be tested at a time and place specified in the notice and that the contractor and the purchaser may appear or be represented at the test.

• (2) For the purposes of subsection 23(3) of the Act, the time in which a person may give notice to the inspector is 30 days after the date the certificate of findings referred to in that subsection was provided to that person.

• (3) A notice referred to in subsection 23(3) of the Act shall state in writing the reasons for dissatisfaction with the inspector’s findings.

• 30 (1) Where a matter has been referred to the director pursuant to subsection 23(3) of the Act, the director shall notify in writing each person directly concerned with the matter that is the subject of the notice, including the owner of any meter tested by an inspector in connection with the matter, stating

  • (a) that the inspector has referred the matter to the director for reconsideration;

  • (b) the reason or reasons for dissatisfaction indicated in the notice referred to in that subsection; and

  • (c) that any written statement relating to the matter and received by the director within 30 days after the date of the notice will be considered.

• (2) The reconsideration referred to in subsection 23(3) of the Act shall take into account the certificate of findings referred to in subsection 23(2) of the Act, the reason or reasons stated pursuant to subsection 29(3) and any written statement received pursuant to paragraph (1)(c).

• (3) The director shall inform, in writing, each person notified pursuant to subsection (1) of the director’s decision on the matter referred to the director for reconsideration pursuant to subsection 23(3) of the Act.

• 31 (1) For the purposes of subsections 24(1) and (2) of the Act, an error that is greater than

  • (a) 3% of the amount of electricity or gas supplied through the meter, and

  • (b) where the amount of electricity supplied and the time-related demand for electricity supplied are the joint basis of a charge for electricity sold to a purchaser, with respect to a time-related demand, two and one-half per cent of the maximum point of the electricity meter’s demand scale

  is not permitted.

• (2) For the purposes of subsection 24(3) of the Act, no error is permitted.

PART VIIFunctions of an Inspector

32 The functions of an inspector shall be the carrying out of

• (a) any inspection and testing of meters and any inspection of their installation required for the purposes of the Act and these Regulations;

• (b) any inspection and testing required to enable the determination of a period for the purposes of paragraph 12(1)(c) of the Act;

• (c) any accreditation audit referred to in section 24 or any audit required pursuant to a condition referred to in section 25;

• (d) any investigation required to assist in the determination of whether there is or has been an offence under section 30 of the Act;

• (e) any investigations, tests, inquiries and examinations in relation to sections 9, 11 and 23 of the Act; and

• (f) such other functions as are reasonably ancillary to the functions listed in paragraphs (a) to (e).

33 An inspector shall not, in the execution of his functions, use any measuring apparatus other than a measuring apparatus permitted by section 5 of the Act.

PART VIIIProvisions Specific to Gas

Prohibited Substances

34 No person shall supply to a purchaser for any purpose other than processing or delivery for processing, natural gas that contains more than 0.030 per cent of water vapour, calculated by volume at standard pressure and standard temperature.

Sale of Gas by Volume

35 A volume of gas measured by any meter that registers in units of volume shall be converted to standard volume by using the following equation, namely,

Pressure Multiplier

• 36 (1) The pressure multiplier for any pressure converting meter shall be established by using the following equation, namely,

  P_m = P_b/P_s

  where

  • (a) P_m is the pressure multiplier;

  • (b) P_b is the pressure expressed on the absolute pressure scale and used as the base pressure for the calibration of the pressure converting meter; and

  • (c) P_s is the standard pressure expressed on the absolute pressure scale.

• (2) The pressure multiplier for any meter other than a pressure correcting meter shall be established by using the following equation, namely,

  P_m = (P_ga + P_a)/P_s

  where

  • (a) P_m is the pressure multiplier;

  • (b) P_ga is the average meter pressure expressed on the gauge pressure scale;

  • (c) P_a is

    • (i) the mean atmospheric pressure at the meter location, expressed to at least four significant digits,

    • (ii) the atmospheric pressure calculated for the meter location pursuant to subsection 37(1), expressed to at least four significant digits,

    • (iii) the atmospheric pressure declared for the meter location pursuant to subsection 37(2), expressed to at least four significant digits, or

    • (iv) the measured atmospheric pressure at the meter location, expressed to at least four significant digits; and

  • (d) P_s is the standard pressure expressed on the absolute pressure scale.

Atmospheric Pressure

• 37 (1) The atmospheric pressure shall be calculated for a meter location by using the following equation, namely,

  • (a) in the International system of units,

    P_a = 101.560 - (0.0113 × M) kPa, or

  • (b) in the Imperial system of units,

    P_a = 14.73 - (0.0005 × F) psia

    where

  • (c) P_a is the calculated atmospheric pressure; and

  • (d) M is the number of metres of elevation of the meter location above mean sea level and F is the number of feet of elevation of the meter location above mean sea level, in either case as determined by a survey carried out by a registered surveyor or as determined from the most recent applicable topographical maps published by the Department of Energy, Mines and Resources.

• (2) The atmospheric pressure declared for a meter location shall not differ from the atmospheric pressure calculated for that meter location pursuant to subsection (1) by more than

  • (a) in the International system of units,

    0.621 + (0.001 × P_ga) kPa, or

  • (b) in the Imperial system of units,

    0.090 + (0.001 × P_ga) psi

    where

    P_ga

    is the average meter pressure expressed on the gauge pressure scale.

Temperature Multiplier

• 38 (1) Subject to section 39, the temperature multiplier for any temperature converting meter shall be established by using the following equation, namely,

  • (a) in the International system of units,

    T_m = 288.15/(T_b + 273.15), or

  • (b) in the Imperial system of units,

    T_m = 519.67/(T_b + 459.67)

    where

  • (c) T_m is the temperature multiplier; and

  • (d) T_b is the temperature established by the contractor and used as the base temperature for the calibration of the temperature converting meter.

• (2) Subject to section 39, the temperature multiplier of any meter other than a temperature converting meter shall be established by using the following equation, namely,

  • (a) in the International system of units,

    T_m = 288.15/(T_ga + 273.15), or

  • (b) in the Imperial system of units,

    T_m = 519.67/(T_ga + 459.67)

    where

  • (c) T_m is the temperature multiplier; and

  • (d) T_ga is the average flowing gas temperature.

39 A temperature multiplier of one may be used for

• (a) meters that are purchased prior to December 31, 1986 and

  • (i) that have a capacity that is less than 14 standard cubic metres per hour at a differential pressure of 0.125 kPa, or

  • (ii) that have a capacity that is less than 500 standard cubic feet per hour at a differential pressure of 0.5 in. of water column;

• (b) meters that are installed prior to December 31, 1986, where the average meter pressure exceeds the atmospheric pressure by more than 3.5 kPa in the International system of units or 0.5 psi in the Imperial system of units; and

• (c) meters that are installed where the average meter pressure does not exceed the atmospheric pressure by more than 3.5 kPa in the International system of units or 0.5 psi in the Imperial system of units and that

  • (i) were most recently sealed prior to December 31, 1986, and

  • (ii) have a capacity that is greater than that stated in subparagraph (a)(i) or (ii), whichever is applicable.

Supercompressibility Factor

40 For the purpose of paragraph 35(e),

• (a) subject to paragraphs (b) and (c), the supercompressibility factor for any meter shall be established based on

  • (i) the pressure exerted by the gas within the meter and the temperature of the gas flowing through the meter as determined by continuous monitoring at the meter location,

  • (ii) the relative density, the carbon dioxide content and the nitrogen content of the gas being measured, as determined by

    • (A) a gas sampling process, if the process gives results that are representative of the gas at the meter location, or

    • (B) continuous monitoring at the meter location, and

  • (iii) if the parameters of the gas referred to in subparagraphs (i) and (ii) vary, either the time weighted or the volume weighted averages of those parameters during the period that the volume of the gas is measured by the meter;

• (b) the supercompressibility factor for any meter for which the pressure exerted by the gas within the meter expressed on the gauge pressure scale does not exceed 207 kPa in the International system of units, or 30 psi in the Imperial system of units, may be established based on

  • (i) the pressure exerted by the gas within the meter, established and maintained through the use of a pressure factor metering regulator that has been approved and verified under section 9 of the Act,

  • (ii) an assumed flowing gas temperature of 59°F or 15°C, and

  • (iii) the relative density, the carbon dioxide content and the nitrogen content of the gas being measured as determined by a gas sampling process, if the process gives results that are representative of the gas at the meter location; or

• (c) a supercompressibility factor of one may be used if the pressure exerted by the gas within the meter expressed on the gauge pressure scale does not exceed 700 kPa in the International system of units or 100 psi in the Imperial system of units.

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.