This enactment amends the Weights and Measures Act to, among other things, clarify existing powers, duties and functions of the Minister of Industry and inspectors, provide the Minister with certain powers, including with respect to sampling when devices are examined and with respect to corrective and preventive measures, and provide inspectors with certain powers.

It also amends the Electricity and Gas Inspection Act to, among other things, broaden the definition of “meter”, provide the president with the authority to grant certain exemptions, clarify the steps required to put a device into service, clarify existing powers, duties and functions of the Minister and inspectors, provide the Minister with certain powers, including with respect to sampling when meters are examined and with respect to corrective and preventive measures, and provide inspectors with certain powers.

It also repeals certain provisions in the Weights and Measures Regulations and the Electricity and Gas Inspection Regulations. Finally, it includes transitional provisions.

His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

inspector means a person who is designated under subsection 16.‍1(1) to verify compliance Insertion start or prevent non-compliance Insertion end with this Act; (inspecteur)

• (b) has been calibrated and certified by the National Research Council of Canada Insertion start or by an entity that is authorized under section 3.‍1 to calibrate and certify reference standards Insertion end , and

vehicle means a vessel, aircraft, train, motor vehicle, trailer or other means of transportation and includes a cargo container; (véhicule)

Approval Insertion start and Authorization Insertion end by Minister

Authorization of entity

3.‍1 The Minister may authorize any entity to calibrate and certify reference standards.

Approval, examination and certification of devices

8  Insertion start Subject to section 8.‍1, a Insertion end trader Insertion start must not Insertion end use, or have in their possession for use, in trade, any device unless

Temporary permission

8.‍1 (1) The Minister may permit a trader to use, or have in their possession for use, in trade, any device on a temporary basis for any period and under any conditions that the Minister specifies, without approval or examination.

Suspension or revocation of permission

(2) Subject to subsection (4), the Minister may, by written notice, suspend or revoke the permission.

Effect of suspension or revocation

(3) The Minister must specify in the notice the effect of the suspension or revocation and, in the case of a suspension, may specify any conditions that must be met for the suspension to be lifted.

Right to make representations

(4) The Minister must not suspend or revoke the permission unless

• (a) a notice of intention to suspend or revoke it has been given in writing;

• (b) any interested person who objects to the suspension or revocation has been given a reasonable opportunity to make representations with respect to their objections; and

• (c) the representations, if any, have been taken into account in deciding whether to suspend or revoke the permission.

  End of inserted block

• (k) respecting the detention of things seized under paragraph 17( Insertion start 1.‍1 Insertion end )‍(c);

• (q)  Insertion start respecting Insertion end fees or charges Insertion start to be paid in relation to the administration and enforcement of Insertion end this Act;

Ministerial regulations — disputes

10.‍2 The Minister may make regulations respecting

• (a) examinations that may be performed for the purpose of making determinations on disputes between traders and any other persons about the accuracy of devices; and

• (b) rules, conditions or criteria regarding the accuracy of a device that is the subject of a dispute.

  End of inserted block

Calibration and certification of standards

12 (1) The reference standards and other standards of measurement that are Insertion start used Insertion end for the purpose of determining the accuracy of local standards or of standards that are used by inspectors under the Electricity and Gas Inspection Act Insertion start must Insertion end , at the request of the Minister, be calibrated and certified by the National Research Council of Canada, Insertion start or by an entity that is authorized under section 3.‍1, based on Insertion end the units of measurement set out and defined in Schedule I or II.

Exemption

(3) The Minister may, by order, exempt, for any period and under any conditions that the Minister specifies, any local standard from the application of the periods referred to in subsection (2).

Statutory Instruments Act

(4) The Statutory Instruments Act does not apply to an order made under subsection (3).

Examination by sampling

15.‍2 (1) The examination of a device may be performed using any means, including by sampling devices of the same class, type or design.

Sampling results

(2) If the examination of a device is performed by means of sampling, the results of the examination may be applied, in accordance with the directions issued under subsection 15.‍3(1), to any device of the same class, type or design for the purpose of issuing a certificate or statement under subsection 19(1) or attaching seals or tags under subsection 19(2) or (3).

Directions

15.‍3 (1) The Minister may issue written directions respecting the examination of devices, including examination conducted by means of sampling.

Application

(2) The Minister may specify the circumstances in which, the persons to whom and the classes, types or designs of devices to which the directions apply.

Accessibility

(3) The directions must be made accessible to the public.

Statutory Instruments Act

(4) The Statutory Instruments Act does not apply to a direction issued under subsection (1).

Limitation

(2) The Minister may designate only persons employed in the federal public administration to exercise powers under any of sections 17 to 18, subsection 19(3), Insertion start section 19.‍1, subsection 19.‍3(1) Insertion end , section 21 or subsection 22.‍11(1).

Authority to enter

17 (1)  Insertion start Subject to subsection 17.‍1(1), Insertion end an inspector may, for Insertion start any Insertion end purpose Insertion start related to Insertion end verifying compliance or Insertion start preventing non-compliance Insertion end with this Act, enter Insertion start any Insertion end place, including a vehicle, Insertion start if they have Insertion end reasonable grounds to believe that

• (a) an activity regulated by this Act is conducted in the place; or

• (b)  Insertion start anything Insertion end to which this Act applies is located in or on the place.

Powers

(1.‍1) In the place entered, the inspector may, for the purposes referred to in subsection (1),

• Insertion start (a) Insertion end  examine the place;

• Insertion start (b) Insertion end Insertion start   Insertion end Insertion start examine Insertion end or Insertion start test Insertion end anything found in or on the place;

• (c) seize and detain anything in or on the place;

• (d) use, or cause to be used, any means of communication in the place;

• (e) use, or cause to be used, any computer Insertion start or telecommunication Insertion end system in the place to examine data contained in or available to Insertion start the system Insertion end ;

• Start of inserted block

  (f) reproduce, or cause to be reproduced, any data that is contained in or available to a system referred to in paragraph (e);

  End of inserted block

• (g) prepare, or cause to be prepared, a document based on the data;

• (h) use, or cause to be used, any copying equipment in the place;

• Start of inserted block

  (i) take photographs or make recordings, sketches or any other representation of anything located in or on the place;

• (j) order any person in the place to establish their identity to the inspector’s satisfaction;

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• Insertion start (k) Insertion end Insertion start   Insertion end Insertion start order Insertion end any person to put anything in or on the place into operation or to cease operating it; and

• Insertion start (l) Insertion end  prohibit or limit access to all or part of the place.

Duty to assist

(3) The owner or person in charge of the place and every person Insertion start employed Insertion end in the place Insertion start must Insertion end give all assistance that is reasonably required to enable the inspector to verify compliance Insertion start or prevent non-compliance Insertion end with this Act and Insertion start must Insertion end provide Insertion start anything Insertion end that Insertion start is Insertion end reasonably required for Insertion start those purposes Insertion end .

Access by means of telecommunication

(4) For the purposes of subsection (1), an inspector is considered to have entered a place if they have accessed it remotely by a means of telecommunication.

Limitation — access

(5) An inspector who enters a place that is not accessible to the public must do so at a reasonable time, with the knowledge of the owner or person in charge of the place and only for the period necessary for the purposes referred to in subsection (1).

Provision of anything

(6) An inspector may, for the purposes referred to in subsection (1), order a person to provide them with anything on the date, at the time and place and in the manner specified by the inspector.

• (b) entry to the dwelling-house is necessary Insertion start for a purpose referred to in that subsection Insertion end ; and

Warrant — means of telecommunication

(3) An application for a warrant under subsection (2) may be submitted, and the warrant may be issued, by a means of telecommunication, and section 487.‍1 of the Criminal Code applies for those purposes with any necessary modifications.

Examination of vehicle

18 (1) A member of the Royal Canadian Mounted Police or of any provincial or municipal police force may, at the request and in the company of an inspector, stop and detain any vehicle so that the inspector may examine it for Insertion start any purpose related to Insertion end verifying compliance Insertion start or preventing non-compliance Insertion end with this Act.

Vehicle to be moved

(2)  Insertion start An Insertion end inspector may Insertion start order Insertion end the Insertion start owner or person having possession, care or control Insertion end of Insertion start a Insertion end vehicle to Insertion start stop it or Insertion end proceed with it to an appropriate place if doing so is necessary to Insertion start perform Insertion end the examination.

Marking of devices — requirements not met

(3)  Insertion start If Insertion end an inspector determines that a device referred to in paragraph (1)‍(a) does not meet the requirements of this Act and the regulations, the inspector Insertion start must Insertion end attach to the device Insertion start any Insertion end tags and seals Insertion start that Insertion end may be prescribed to prevent the use of that device.

Remedial and Preventive Measures

Measures

Directions — plans, procedures or processes

Accessibility

Statutory Instruments Act

Development and implementation

Inconsistency or conflict

Fees and Charges

Payment of fees and charges

20 (1) Subject to the regulations, the fees and charges Insertion start that are Insertion end payable in respect of an examination or service performed by an inspector under this Act are payable after the examination or service is performed.

Debt to His Majesty

(2) Fees and charges Insertion start that are Insertion end payable under this Act may be recovered as a debt due to Insertion start His Majesty Insertion end .

Calculation of amount

(3) For greater certainty, if the device is found to be inaccurate, the inspector may calculate the amount that would have been payable by the other person had the device not been inaccurate.

Interference with seized thing

(3) Every person who, without an inspector’s permission, removes, alters or interferes in any way with anything seized and detained by an inspector under paragraph 17( Insertion start 1.‍1 Insertion end )‍(c) is guilty of an offence.

Défaut d’immobiliser son véhicule

32 Commet une infraction tout conducteur d’un véhicule qui Insertion start omet Insertion end volontairement :

• (a) to bring the vehicle to a stop Insertion start when required to do so Insertion end under subsection 18(1); or

• (b)  Insertion start to bring Insertion end the vehicle Insertion start to a stop or Insertion end to proceed with Insertion start it Insertion end to an appropriate place Insertion start when ordered to do so Insertion end by an inspector under subsection 18(2).

Failure to comply

34.‍1 Every person is guilty of an offence who fails to do anything that they were ordered to do by the Minister or an inspector, as the case may be, under paragraph 17(1.‍1)‍(j) or (k), subsection 17(6), section 19.‍1 or subsection 19.‍3(1), or who enters a place or part of a place after an inspector has prohibited or limited access to it under paragraph 17(1.‍1)‍(l).

Presumption

36  Insertion start If Insertion end a trader Insertion start uses or Insertion end has in Insertion start their Insertion end possession any device that is not marked as prescribed to show that it is not for use in trade, the trader Insertion start is Insertion end , in the absence of evidence to the contrary, deemed Insertion start to use Insertion end that device Insertion start in trade or Insertion end to have Insertion start it Insertion end in Insertion start their Insertion end possession for use in trade.

Infraction commise par un employé ou un mandataire

37 (1) Dans les poursuites pour infraction à la présente loi, il suffit, pour prouver l’infraction, d’établir qu’elle a été commise par un employé ou un mandataire de l’accusé, que cet employé ou ce mandataire ait été ou non identifié ou poursuivi. L’accusé peut se disculper en prouvant que la perpétration a eu lieu à son insu ou sans son consentement et qu’il avait pris Insertion start toutes Insertion end les Insertion start précautions voulues Insertion end pour l’empêcher.

Examination and samples of seized things

39 (1) If an inspector seizes and detains anything under paragraph 17( Insertion start 1.‍1 Insertion end )‍(c), they Insertion start must Insertion end , at the request of the person from whom the thing is seized, allow that person or any person authorized by that person to examine the seized thing and, if possible, provide that person with a sample of it.

Forfeiture on consent

41 (1) If the owner or the person in lawful possession of a thing at the time it is seized under paragraph 17( Insertion start 1.‍1 Insertion end )‍(c) consents in writing to its forfeiture, it is forfeited to Insertion start His Insertion end Majesty.

Review of Act

Review

42 (1) Before the 10th anniversary of the day on which this section comes into force and before the end of each subsequent period of 10 years, the Minister must cause to be completed a review of this Act and its operation.

Report

(2) The Minister must cause a report 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.

apparatus includes any machine, instrument, device or Insertion start software Insertion end ; (appareil)

inspector means any officer Insertion start who is Insertion end appointed under Insertion start subsection 26(1) and Insertion end designated Insertion start as Insertion end an Insertion start inspector Insertion end under Insertion start section 7 Insertion end of the Insertion start Department of Industry Act Insertion end for the purpose of Insertion start verifying compliance or preventing non-compliance with Insertion end this Act; (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, Insertion start or any part of such an apparatus Insertion end ; (compteur)

authorized service provider means any person to whom an authorization is granted under subsection 10(1); (fournisseur de services autorisé)

designated inspector means any person who is designated under subsection 26(3); (inspecteur désigné)

president means the president appointed under subsection 26(1); (président)

vehicle means a vessel, aircraft, train, motor vehicle, trailer or other means of transportation and includes a cargo container; (véhicule)

Standard apparatus

4  Insertion start The Insertion end standard apparatus necessary to establish the units of measurement for sales referred to in section 3 Insertion start are Insertion end the Insertion start responsibility Insertion end of the Minister and form part of the system of reference standards referred to in the Weights and Measures Act.

Calibration of measuring apparatus

5 An Insertion start authorized service provider may use an Insertion end apparatus that is Insertion start not Insertion end a Insertion start local Insertion end standard, Insertion start as defined in section 2 Insertion end of the Weights and Measures Act, for Insertion start measuring Insertion end electricity or gas or Insertion start for verifying Insertion end meters Insertion start only if, in accordance with the regulations, Insertion end

• a) l’appareil Insertion start est Insertion end calibré;

• (b)  Insertion start the Insertion end calibration is certified.

Register of Contractors

Register

6 (1) The president Insertion start must Insertion end maintain, in accordance with the regulations, a register of contractors Insertion start who hold a certificate of registration Insertion end .

Suspension or revocation

6.‍1 (1) Subject to subsection (3), the president may, by written notice, suspend or revoke any certificate issued under subsection 6(2).

Effect of suspension or revocation

(2) The president must specify in the notice the effect of the suspension or revocation and, in the case of a suspension, may specify any conditions that must be met for the suspension to be lifted.

Right to make representations

(3) The president must not suspend or revoke the certificate unless

• (a) a notice of intention to suspend or revoke it has been given in writing;

• (b) the contractor who objects to the suspension or revocation has been given a reasonable opportunity to make representations with respect to their objections; and

• (c) the representations, if any, have been taken into account in deciding whether to suspend or revoke the certificate.

  End of inserted block

Exemption of contractors

6.‍2 (1) The president may exempt, under any conditions and for the period that the president specifies, any contractor or class of contractors from the application of any provision of this Act, except subsection 6(2), or the regulations.

Register of exempt contractors

(2) The president may maintain a register of contractors who are exempt from the application of any provision of this Act or the regulations.

Amendment or cancellation

(3) Subject to subsection (5), the president may, by written notice, amend or cancel the exemption.

Effect of cancellation

(4) The president must specify in the notice the effect of the cancellation.

Right to make representations

(5) The president must not amend or cancel the exemption unless

• (a) a notice of intention to amend or cancel it has been given in writing;

• (b) the contractor who objects to the amendment or cancellation has been given a reasonable opportunity to make representations with respect to their objections; and

• (c) the representations, if any, have been taken into account in deciding whether to amend or cancel the exemption.

  End of inserted block

Service pressure reports

8  Insertion start If required by Insertion end the regulations, a contractor Insertion start must Insertion end report to the Insertion start president Insertion end , at prescribed intervals, Insertion start the Insertion end particulars of prescribed service pressures in respect of any gas supplied by the contractor.

Approval, verification and sealing

9 (1) Subject to subsections (2) and (3), Insertion start if Insertion end a contractor or purchaser intends to use or cause to be used a meter Insertion start to obtain Insertion end the basis of a charge for the Insertion start supply Insertion end of electricity or gas by or to Insertion start them Insertion end , the meter Insertion start must Insertion end not be put into service Insertion start unless Insertion end

• Start of inserted block

  (a) the meter or the meter’s class, type or design has been approved by the president in the prescribed manner; and

  End of inserted block

• Insertion start (b) Insertion end Insertion start   Insertion end Insertion start the meter Insertion end has been verified and sealed in accordance with this Act.

Conditions

(1.‍1) The approval is subject to any conditions that the president specifies.

Permission to put into service temporarily

(2) The Insertion start president Insertion end may Insertion start permit Insertion end any meter or Insertion start the meters Insertion end of any class, type or design Insertion start to be temporarily put Insertion end into service, for Insertion start any Insertion end period and under Insertion start any Insertion end conditions Insertion start that the president specifies Insertion end , without Insertion start approval Insertion end , verification or sealing.

Permission to put into service indefinitely

(3) The Insertion start president Insertion end may Insertion start permit Insertion end any meter or Insertion start the meters Insertion end of any class, type or design Insertion start to be indefinitely put Insertion end into service, Insertion start under any conditions that the president specifies Insertion end , without approval, verification or sealing.

Authorized service providers

10  Insertion start (1) Insertion end  Subject to Insertion start subsection (2) Insertion end , the Insertion start president Insertion end may Insertion start authorize Insertion end any person, Insertion start or an Insertion end employee Insertion start or an Insertion end agent or mandatary Insertion start of the person, to perform any Insertion end functions Insertion start related to Insertion end the verification, sealing, reverification and resealing of any meter or any class, type or design of meter. Insertion start If an authorization is given Insertion end , the Insertion start president must issue Insertion end a certificate of Insertion start authorization to Insertion end the Insertion start person Insertion end .

Directions

(2) The president may issue written directions respecting

• (a) the authorization referred to in subsection (1);

• (b) the classes of authorized service providers to which the directions apply; and

• (c) the functions referred to in subsection (1) that may be performed by authorized service providers or classes of authorized service providers.

  End of inserted block

Accessibility

(3) The directions must be made accessible to the public.

Statutory Instruments Act

(4) The Statutory Instruments Act does not apply to a direction issued under subsection (2).

Reverification

12 (1)  Insertion start Subject to subsection (3), every Insertion end meter Insertion start must Insertion end be Insertion start reverified Insertion end

• (a)  Insertion start in Insertion end the Insertion start case Insertion end of a meter used Insertion start to obtain Insertion end the basis of a charge for the Insertion start supply Insertion end of electricity, Insertion start before the eighth anniversary of the day on which the meter was verified or last reverified Insertion end ;

• (b)  Insertion start in Insertion end the Insertion start case Insertion end of a meter used Insertion start to obtain Insertion end the basis of a charge for the Insertion start supply Insertion end of gas, Insertion start before the seventh anniversary of the day on which the meter was verified or last reverified Insertion end ; or

• (c) in any case or class of cases Insertion start that the president determines Insertion end , any other period Insertion start that Insertion end the Insertion start president specifies Insertion end .

Seal and mark

Insertion start (1.‍1) Insertion end Insertion start   Insertion end Insertion start Subject to subsection (3), after each Insertion end reverification, the meter Insertion start must Insertion end be Insertion start resealed Insertion end or Insertion start marked again Insertion end , or Insertion start have its Insertion end seal or mark Insertion start cancelled Insertion end , as the case may Insertion start be, in accordance Insertion end with this Act.

Shorter period

(2) The period specified under paragraph (1)‍(c) for any reverification Insertion start must not Insertion end be shorter than the period Insertion start referred to Insertion end in paragraph (1)‍(a) or (b) Insertion start except Insertion end with the approval of the Minister, in which Insertion start case Insertion end the Insertion start president must Insertion end cause Insertion start a Insertion end prior notice to be given within the prescribed time and in the prescribed manner.

Temporary permission without reverification or resealing

(3) The president may permit any meter or the meters of any class, type or design to remain in service, for any period and under any conditions that the president specifies, without reverification or resealing.

Verification and reverification by sampling

12.‍1 (1) The verification and reverification of a meter may be conducted using any means, including by sampling meters of the same class, type or design.

Sampling results

(2) If the verification or reverification of a meter is conducted by means of sampling, the results of the verification or reverification may be applied, in accordance with the directions issued under subsection 12.‍2(1), to any meter of the same class, type or design for the purpose of issuing a certificate under section 14, sealing under paragraph 9(1)‍(b) or resealing under subsection 12(1.‍1).

Directions

12.‍2 (1) The Minister may issue written directions respecting the verification or reverification of meters, including verification or reverification conducted by means of sampling.

Application

(2) The Minister may specify the circumstances in which, the persons to whom and the classes, types or designs of meters to which the directions apply.

Accessibility

(3) The directions must be made accessible to the public.

Statutory Instruments Act

(4) The Statutory Instruments Act does not apply to a direction issued under subsection (1).

Suspension or revocation

12.‍3 (1) Subject to subsection (3), the president may, by written notice, suspend or revoke

• (a) an approval granted under paragraph 9(1)‍(a);

• (b) a permission granted under subsection 9(2) or (3);

• (c) an authorization granted under subsection 10(1); or

• (d) a permission granted under subsection 12(3).

  End of inserted block

Effect of suspension or revocation

(2) The president must specify in the notice the effect of the suspension or revocation and, in the case of a suspension, may specify any conditions that must be met for the suspension to be lifted.

Right to make representations

(3) An approval, permission or authorization must not be suspended or revoked unless

• (a) a notice of intention to suspend or revoke it has been given in writing;

• (b) any interested person who objects to the suspension or revocation has been given a reasonable opportunity to make representations with respect to their objections; and

• (c) the representations, if any, have been taken into account in deciding whether to suspend or revoke the approval, permission or authorization.

  End of inserted block

Exercise of powers by inspector

13 An inspector may, on the general or special instructions of the Insertion start president Insertion end , deal with a meter in any manner provided Insertion start for under Insertion end or referred to in section 12 or specified Insertion start in, provided for Insertion end or authorized Insertion start in directions issued under section 12.‍2 or under Insertion end paragraph 28(1)‍(c), Insertion start even if Insertion end the meter may be or has been dealt with Insertion start in that manner Insertion end by an Insertion start authorized service provider Insertion end .

Certificates

14  Insertion start After the Insertion end verification or reverification of a meter, an inspector, or an Insertion start authorized service provider Insertion end who is not the owner of the meter, Insertion start must Insertion end issue to the owner, in the prescribed manner, a certificate containing Insertion start the Insertion end prescribed Insertion start information Insertion end respecting the verification or reverification.

Authorized persons — verification and sealing

15 (1)  Insertion start Only Insertion end an inspector or an Insertion start authorized service provider may verify, seal, reverify Insertion end or Insertion start reseal a Insertion end meter.

Breaking seal

( Insertion start 1.‍1 Insertion end )  Insertion start Unless Insertion end otherwise Insertion start prescribed, only Insertion end an inspector, an Insertion start authorized service provider Insertion end or the owner Insertion start may Insertion end break the seal of a verified meter.

Breaking seal — dispute

( Insertion start 1.‍2 Insertion end )  Insertion start If Insertion end the correctness of Insertion start a Insertion end verified meter is in dispute, Insertion start only Insertion end an inspector Insertion start may Insertion end break Insertion start its Insertion end seal.

Owner’s liability

16 (1) The owner of each verified meter that is in use Insertion start must Insertion end 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 for dealing with the meter in accordance with those requirements.

Records of authorized service providers

17 Every Insertion start authorized service provider must Insertion end keep records containing Insertion start the prescribed Insertion end information related to the administration of this Act, in Insertion start the Insertion end form, at Insertion start the Insertion end place and for Insertion start the Insertion end period Insertion start that is Insertion end prescribed.

Examination of records

18  Insertion start The Insertion end records kept Insertion start in accordance with Insertion end sections 16 and 17 Insertion start may Insertion end be Insertion start examined Insertion end by an inspector and the inspector may make Insertion start any Insertion end copies or extracts as Insertion start they Insertion end may require.

Entry by authorized service provider

20  Insertion start An authorized service provider Insertion end may Insertion start enter a place Insertion end at all reasonable times Insertion start if they believe Insertion end on reasonable grounds Insertion start that Insertion end entry Insertion start is Insertion end required Insertion start to perform Insertion end any functions Insertion start related Insertion end to Insertion start verifying, sealing, reverifying Insertion end or Insertion start resealing Insertion end a meter Insertion start that is Insertion end in or on Insertion start the place Insertion end .

Duty to assist

21 The owner or person in charge of, and every person employed in, Insertion start a place Insertion end entered by an Insertion start authorized service provider under Insertion end section 20 or an inspector Insertion start under Insertion end subsection Insertion start 26.‍1(1) must Insertion end give the inspector or Insertion start authorized service provider Insertion end all assistance Insertion start that is reasonably required Insertion end to enable the inspector or Insertion start authorized service provider Insertion end to Insertion start perform their respective Insertion end functions and Insertion start must provide anything that is Insertion end reasonably Insertion start required for that purpose Insertion end .

Calculation of amount

(2.‍1) For greater certainty, if an inspector proceeds in the matter of a request under subsection (1), the inspector may calculate the amount payable for the supply of electricity or gas.

Reference to president for reconsideration

(3)  Insertion start If Insertion end a person who is provided with a certificate of findings by an inspector Insertion start under Insertion end subsection (2) gives notice to the inspector within Insertion start the Insertion end prescribed time that Insertion start the person Insertion end is dissatisfied with the findings, the inspector Insertion start must Insertion end refer the matter to the Insertion start president Insertion end for reconsideration in Insertion start the Insertion end prescribed manner.

President’s decision final

(4) The Insertion start president’s Insertion end decision on a matter referred to Insertion start them under Insertion end subsection (3) is final and conclusive.

Liability

(5) A contractor or purchaser, as the case may be, is liable for the amount of the charge for Insertion start the supply of Insertion end 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 Insertion start in accordance with Insertion end subsection (4), deemed or determined to have existed.

Appointment and Designation

Staff

26 (1) A Insertion start president Insertion end and Insertion start any Insertion end other officers and employees Insertion start that Insertion end are necessary for the administration of this Act Insertion start are to Insertion end be appointed in accordance with the Public Service Employment Act.

President’s functions

(2) The Insertion start president Insertion end has, under the Minister, the direction and general supervision of the administration and enforcement of this Act.

Designated inspectors

(3)  Insertion start Subject to subsection Insertion end (5), the Minister may Insertion start designate Insertion end any person to Insertion start perform Insertion end any functions of an inspector Insertion start that Insertion end the Insertion start Minister specifies Insertion end , except Insertion start the Insertion end functions Insertion start set out in subsection 29.‍12(1) Insertion end .

Certificate of designation

(3.‍1) The Minister must provide each inspector and designated inspector with a certificate of designation.

Privileges and immunities — designated inspectors

(4) A designated Insertion start inspector Insertion end has, in relation to the Insertion start performance Insertion end of Insertion start the Insertion end functions Insertion start specified by the Minister under subsection (3) Insertion end , the privileges and immunities of Insertion start an Insertion end inspector.

Restrictions

(5)  Insertion start A Insertion end person who is an Insertion start authorized service provider Insertion end or a seller of electricity, gas or meters or who is employed by or is the agent or mandatary of an Insertion start authorized service provider Insertion end or a seller of electricity, gas or meters Insertion start must not Insertion end be appointed or designated under this section or act as a person appointed or designated Insertion start under this section Insertion end .

Inspector Functions

Authority to enter

26.‍1 (1) Subject to subsection 26.‍2(1), an inspector may, for any purpose related to verifying compliance or preventing non-compliance with this Act, enter any place, including a vehicle, if they have reasonable grounds to believe that

• (a) an activity that is regulated by this Act is conducted in the place; or

• (b) anything to which this Act applies is located in or on the place.

  End of inserted block

Powers

(2) In the place entered, the inspector may, for the purposes referred to in subsection (1),

• (a) examine the place;

• (b) examine or test anything found in or on the place;

• (c) seize and detain anything that is located in or on the place, except a meter that is in service;

• (d) use, or cause to be used, any means of communication in the place;

• (e) use, or cause to be used, any computer or telecommunication system in the place to examine data contained in or available to the system;

• (f) reproduce, or cause to be reproduced, any data that is contained in or available to a system referred to in paragraph (e);

• (g) prepare, or cause to be prepared, a document based on the data;

• (h) use, or cause to be used, any copying equipment in the place;

• (i) take photographs or make recordings, sketches or any other representation of anything located in or on the place;

• (j) order any person in the place to establish their identity to the inspector’s satisfaction;

• (k) order any person to put anything in or on the place into operation or to cease operating it; and

• (l) prohibit or limit access to all or part of the place.

  End of inserted block

Certificate to be produced

(3) On entering the place, the inspector must, on request, produce their certificate of designation to the person in charge of that place.

Access by means of telecommunication

(4) For the purposes of subsection (1), an inspector is considered to have entered a place if they have accessed it remotely by a means of telecommunication.

Limitation — access

(5) An inspector who enters a place that is not accessible to the public must do so at a reasonable time, with the knowledge of the owner or person in charge of the place and only for the period necessary for the purposes referred to in subsection (1).

Provision of anything

(6) An inspector may, for the purposes referred to in subsection (1), order a person to provide anything on the date, at the time and place and in the manner specified by the inspector.

Warrant required to enter dwelling-house

Insertion start 26.‍2 Insertion end Insertion start   Insertion end Insertion start (1) Insertion end Insertion start   Insertion end Insertion start If the place Insertion end is a dwelling-house, an inspector Insertion start must Insertion end not enter that dwelling-house without the consent of the occupant except under the authority of a warrant issued under subsection ( Insertion start 2 Insertion end ).

Authority to issue warrant

Insertion start (2) Insertion end  On ex parte application, a justice of the peace may issue a warrant authorizing an inspector Insertion start who is named in it Insertion end to enter a dwelling-house, subject to any conditions specified in the warrant, Insertion start if Insertion end the justice is satisfied by information on oath that

• (a) entry to the dwelling-house is necessary for the purpose of performing Insertion start the inspector’s functions Insertion end ; and

• (b) entry to the dwelling-house has been refused or there are reasonable grounds for believing that entry will be refused.

Warrant — means of telecommunication

(3) An application for a warrant under subsection (2) may be submitted, and the warrant may be issued, by a means of telecommunication, and section 487.‍1 of the Criminal Code applies for those purposes with any necessary modifications.

Use of force

Insertion start 26.‍3 Insertion end  In executing a warrant issued under subsection Insertion start 26.‍2(2) Insertion end , the inspector named Insertion start in the warrant must Insertion end not use force unless the inspector is accompanied by a peace officer and the use of force has been specifically authorized in the warrant.

Examination of vehicle

26.‍4 (1) A member of the Royal Canadian Mounted Police or of any provincial or municipal police force may, at the request and in the company of an inspector, stop and detain any vehicle so that the inspector may examine it for any purpose related to verifying compliance or preventing non-compliance with this Act.

Vehicle to be moved

(2) An inspector may order the owner or person having possession, care or control of a vehicle to stop it or proceed with it to an appropriate place if doing so is necessary to perform the examination.

Remedial and Preventive Measures

Measures

26.‍5 If an inspector has reasonable grounds to believe that a person has contravened or is likely to contravene this Act, the inspector may order the person to take any measures that the inspector considers necessary to remedy or prevent the contravention.

Directions — plans, procedures or processes

26.‍6 (1) The Minister may issue written directions respecting the development or implementation, by a person who conducts any activity regulated under this Act, of plans, procedures or processes aimed at remedying or preventing a contravention of this Act.

Accessibility

(2) The directions must be made accessible to the public.

Statutory Instruments Act

(3) The Statutory Instruments Act does not apply to a direction issued under subsection (1).

Development and implementation

26.‍7 (1) The Minister or an inspector may order a person who conducts any activity regulated under this Act to develop or implement a plan, procedure or process in accordance with the directions issued under subsection 26.‍6(1).

Inconsistency or conflict

(2) In the event of an inconsistency or conflict between anything that is ordered to be done by the Minister and anything that is ordered to be done by an inspector, what the Minister orders to be done prevails to the extent of the inconsistency or conflict.

Fees and Charges

Payment of fees and charges

27 (1)  Insertion start Subject to the regulations, the fees and charges that are payable Insertion end in respect of the execution of the functions of inspectors Insertion start are payable after the function has been executed. Insertion end

Debt to His Majesty

(2) Fees and charges that are payable Insertion start under Insertion end this Act Insertion start may Insertion end be Insertion start recovered Insertion end as a debt due to Insertion start His Majesty Insertion end .

Regulations

• (e)  Insertion start respecting fees or charges to be paid in relation to the administration and enforcement of this Act; Insertion end

• (j) prescribing the procedure for Insertion start applying Insertion end for any Insertion start exemption Insertion end , approval, permission or Insertion start authorization under Insertion end this Act or for Insertion start registering Insertion end under section 6;

• Insertion start (j.‍1) Insertion end Insertion start   Insertion end Insertion start prescribing the Insertion end requirements to be satisfied before the Insertion start president Insertion end may grant any Insertion start exemption Insertion end , approval, permission or Insertion start authorization under Insertion end this Act;

• Insertion start (j.‍2) Insertion end  specifying or providing for Insertion start the Insertion end specification of Insertion start the Insertion end conditions Insertion start on Insertion end which any Insertion start exemption, approval, permission or authorization under this Act must Insertion end or may be made;

• (p) authorizing the Insertion start president Insertion end to delegate Insertion start their Insertion end functions, other than Insertion start the functions set out in Insertion end subsection 11(1) or section 22;

Review of Act

Review

29 (1) Before the 10th anniversary of the day on which section 44 of the Act to amend the Weights and Measures Act, the Electricity and Gas Inspection Act, the Weights and Measures Regulations and the Electricity and Gas Inspection Regulations comes into force and before the end of each subsequent period of 10 years, the Minister must cause to be completed a review of this Act and its operation.

Report

Insertion start (2) Insertion end  The Insertion start Minister must cause Insertion end a report of the Insertion start review to be laid Insertion end before Insertion start each House Insertion end of Parliament on any of the first 15 days on which that House is sitting after the report Insertion start has been completed Insertion end .

• (c) puts into service or causes to be put into service any meter contrary to Insertion start paragraph Insertion end 9(1) Insertion start (b) Insertion end ,

• (f) contrary to subsection 15(1) verifies, seals, reverifies or reseals any meter;

• Start of inserted block

  (f.‍1) contrary to subsection 15(1.‍1) or (1.‍2), breaks or causes to be broken the seal of any meter;

  End of inserted block

• (h) being an Insertion start authorized service provider Insertion end , contravenes section 17,

• Start of inserted block

  (i.‍1) fails to do anything that the person was ordered to do by the Minister or an inspector, as the case may be, under paragraph 26.‍1(2)‍(j) or (k), subsection 26.‍1(6) or 26.‍4(2), section 26.‍5 or subsection 26.‍7(1);

• (i.‍2) enters a place or part of a place after an inspector has prohibited or limited access to it under paragraph 26.‍1(2)‍(l);

  End of inserted block

• (j) not being an inspector, Insertion start a designated inspector Insertion end or an Insertion start authorized service provider Insertion end , marks, or issues a certificate as to the accuracy or condition of, any meter after it has been installed for use, or

• (b) any supply or class or type of supply of any energy or source Insertion start of energy Insertion end , in Insertion start any Insertion end form, Insertion start for which an Insertion end approval granted under Insertion start paragraph Insertion end 9 Insertion start (1)‍(a) did Insertion end not, before the making of the order, Insertion start contemplate Insertion end the use of a meter.