Regulations Amending the Electricity and Gas Inspection Regulations and the Weights and Measures Regulations (Miscellaneous): SOR/2018-252

Canada Gazette, Part II, Volume 152, Number 25

Registration

SOR/2018-252 November 23, 2018

ELECTRICITY AND GAS INSPECTION ACT WEIGHTS AND MEASURES ACT

P.C. 2018-1434 November 22, 2018

Her Excellency the Governor General in Council, on the recommendation of the Minister of Industry, makes the annexed Regulations Amending the Electricity and Gas Inspection Regulations and the Weights and Measures Regulations (Miscellaneous) pursuant to

• (a) subsection 28(1) ^{footnote a} of the Electricity and Gas Inspection Act ^{footnote b}; and
• (b) subsection 10(1) ^{footnote c} of the Weights and Measures Act ^{footnote d}.

Regulations Amending the Electricity and Gas Inspection Regulations and the Weights and Measures Regulations (Miscellaneous)

Electricity and Gas Inspection Act

Electricity and Gas Inspection Regulations

1 Paragraph 21(1)(i) of the Electricity and Gas Inspection Regulations ^{footnote 1} is replaced by the following:

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

2 Subparagraph 53(6)(a)(i) of the Regulations is repealed.

3 Subsections 54(1) and (2) of the Regulations are replaced by the following:

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.

Weights and Measures Act

Weights and Measures Regulations

4 Paragraph 181(b) of the French version of the Weights and Measures Regulations ^{footnote 2} is replaced by the following:

• b) l’ajout d’une charge de contrôle connue dans le cas d’un appareil servant habituellement à peser à la suite d’un retrait de charge.

5 Subsection 266(1) of the Regulations is replaced by the following:

266 (1) Subject to subsections (4) and (5), the limits of error set out in the tables to subsections (2) and (3) apply to all positive displacement bulk volumetric liquid meters, including vehicle-mounted meters, that are designed to measure volumes of 180 litres or more, or 40 gallons or more, of refined petroleum products such as gasoline and fuel oils, foodstuffs such as milk, liquid fertilizers of the solution type such as aqua ammonia, or other liquids of low viscosity.

6 Subsection 267(4) of the French version of the Regulations is replaced by the following:

(4) La marge de tolérance à l’acceptation et la marge de tolérance en service indiquées dans les tableaux des paragraphes (2) et (3) s’appliquent aux quantités de contrôle connues équivalentes ou supérieures au débit du compteur en une minute, au régime maximal.

7 The portion of item 2 of Part I of Schedule V to the Regulations in column II is replaced by the following:

Item	Column II Fees and Charges
2	In accordance with current Treasury Board guidelines

Coming into Force

8 These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

There is a need to make a number of minor technical amendments to the Weights and Measures Regulations (WMR) and the Electricity and Gas Inspection Regulations (EGIR) to correct grammatical errors and to ensure that the requirements are clear and consistent in both languages.

These Regulations address the following issues:

1. Under paragraph 21(1)(i) of the EGIR, an inspection certificate issued by an inspector is required to contain the name, in block letters, and the signature of the person issuing the certificate. After enquiries by several inspectors and utilities, Measurement Canada (MC) interpreted this provision to mean that both written and electronic names and signatures are acceptable. An amendment is needed to ensure that it is clear that there are no restrictions on the format of the name and signature. This practice has been in place for the past five years and certificates have been issued in both electronic and printed formats.
2. MC’s administrative monetary penalty system under both the WMR and EGIR are the same. The requirements, penalties, payment options and reporting timelines are identical and were implemented at the same time. Following a review of the WMR, the Standing Joint Committee for the Scrutiny of Regulations (SJCSR) identified provisions related to AMPs payments and requests for a ministerial review or to enter into a compliance agreement that were either inconsistent or unclear. Amendments (SOR/2017-17, sections 18 and 19) were made to the WMR to address these concerns, but no changes were made to the EGIR at that time. In order to ensure that the legal text concerning the AMP system remains consistent, the EGIR needs to be similarly amended.
3. A series of minor amendments known to MC or identified by the SJCSR are needed to fix minor errors (e.g. grammar, spelling) and translation inconsistencies in the WMR. In addition, Part I of Schedule V of the WMR, which relates to fees for inspector’s services, contains a reference to the Treasury Board Manual, a document which no longer exists. A similar provision for inspector’s time and expenses in Part VI of Schedule 1 of the EGIR refers instead to generic Treasury Board guidelines. The reference in the WMR must be updated to make it equivalent to the generic reference in the EGIR.

Objectives

The amendments have the following objectives:

• modernize and clarify the provisions related to the name and signature required on inspection certificates issued under the Electricity and Gas Inspection Act;
• align provisions and clarify legal text in the EGIR related to AMPs so that they are equivalent to the AMPs-related provisions in the WMR;
• correct grammatical errors and inconsistencies in the English and French versions of the WMR identified by the SJCSR and MC; and
• update the reference to an obsolete document in the WMR to make it equivalent to the similar reference the EGIR.

Description

Specific amendments include the following:

• Change paragraph 21(1)(i) of the English and French version of the EGIR to remove a requirement to use block letters for an inspector’s name on inspection certificates to ensure that electronic signatures are not precluded as part of the administration of the EGIR.
• Clarify and reorganize provisions of the EGIR related to AMP payments and requests for reviews or to enter into compliance agreement so that they are equivalent to the AMPs-related provisions in the WMR. These amendments would not change the requirements, the violations, the penalties, the payment options, the rights and obligations, or any of the timelines.
• Correct grammatical errors and inconsistencies identified by the SJCSR between the English and French versions of the WMR and clarify certain provisions. For example, in paragraph 181(b) the French version of the WMR, change the existing wording from “l’ajout une charge de contrôle connue” to “l’ajout d’une charge de contrôle connue.”
• Correct other grammatical errors identified by MC in the English and French versions of subsections 266(1) and 267(4) of the WMR to ensure they are clear and consistent with other similar provisions. For example, in the English version of 266(1), add a comma to the phrase “[…] including vehicle-mounted meters that are designed to measure volumes [...]” so that it reads “[…] including vehicle-mounted meters, that are designed to measure volumes […].”
• Change a reference to the Treasury Board Manual in the English version of Part I of Schedule V of the WMR to “In accordance with current Treasury Board guidelines” and, in the French version, change the references from “les taux et indemnités prévus dans la ‘Directive sur les voyages d’affaires’ contenue dans le Manuel du Conseil du Trésor” to “Le montant autorisé par les directives du Conseil du Trésor.”

“One-for-One” Rule

The “One-for-One” Rule does not apply to these Regulations, as there is no change in administrative costs to business.

Small business lens

The small business lens does not apply to these Regulations, as the amendments are not expected to increase or decrease costs or regulatory burden on small business.

Rationale

The amendments are in response to the SJCSR’s review of the WMR as well as to other identified deficiencies in the WMR and the EGIR. The amendments help to correct or improve the regulatory base without imposing any costs on the government or stakeholders. Nor will they lead to cost increases for small businesses or increases in administrative burden for business.

The amendments contain no substantial change to the existing provisions. They are housekeeping in nature, they will have no policy or government priority considerations, no relevant impact on stakeholders or change any of their rights or obligations. Furthermore, they will not have international implications or an impact on regulatory alignment with other jurisdictions.

The minor change to paragraph 21(1)(i) of the EGIR will help ensure that electronic signatures can be used by inspectors, which will result in efficiencies for MC, its partners and stakeholders as the use of electronic signatures becomes a more prominent practice.

Aligning provisions and clarifying legal text for payment of AMPs and for authorities to enter into compliance agreements with the Minister will create a fully coherent legal basis in the EGIR and the WMR. The alignment of AMPs provisions in the EGIR and the WMR will ensure that the legal texts describing the administrative processes in the two AMP systems are identical as intended, as well as respond to clarifications requested by the SJCSR.

Contact

Carl Cotton
Vice-President
Measurement Canada
Telephone: 613-941-8918
Email: carl.cotton@canada.ca