Bill S-3: An 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

R.S., c. W- 6 Weights and Measures Act 1 (1) The definition inspector in section 2 of the Weights and Measures Act is replaced by the following: inspector  means a person who is designated under subsection 16.1(1) to verify compliance or prevent non-compliance with this Act; ( inspecteur ) (2) Paragraph (b) of the definition reference standard in section 2 of the Act is replaced by the following: (b) has been calibrated and certified by the National Research Council of Canada or by an entity that is authorized under section 3.1 to calibrate and certify reference standards, and (3) Section 2 of the Act is amended by adding the following in alphabetical order: vehicle  means a vessel, aircraft, train, motor vehicle, trailer or other means of transportation and includes a cargo container; ( véhicule ) 2 The heading before section 3 of the Act is replaced by the following: Approval and Authorization by Minister 3 The Act is amended by adding the following after section 3: Authorization of entity 3. 1 The Minister may authorize any entity to calibrate and certify reference standards. 4 The portion of section 8 of the Act before paragraph (a) is replaced by the following: Approval, examination and certification of devices 8 Subject to section 8.1, a trader must not use, or have in their possession for use, in trade, any device unless 5 The Act is amended by adding the following after section 8: 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. 6 (1) Paragraph 10(1)(k) of the Act is replaced by the following: (k) respecting the detention of things seized under paragraph 17(1.1)(c); (2) Paragraphs 10(1)(q) to (s) of the Act are replaced by the following: (q) respecting fees or charges to be paid in relation to the administration and enforcement of this Act; (3) Paragraph 10(1)(t) of the Act is repealed. (4) Subsections 10(2) and (3) of the Act are repealed. 7 The Act is amended by adding the following after section 10.1: 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. 8 Subsection 12(1) of the Act is replaced by the following: Calibration and certification of standards 12 (1) The reference standards and other standards of measurement that are used 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 must, at the request of the Minister, be calibrated and certified by the National Research Council of Canada, or by an entity that is authorized under section 3.1, based on the units of measurement set out and defined in Schedule I or II. 9 Section 13 of the Act is amended by adding the following after subsection (2): 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). 10 The Act is amended by adding the following after section 15.1: 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). 11 Subsections 16.1(1.1) and (2) of the Act are replaced by the following: 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), section 19.1, subsection 19.3(1), section 21 or subsection 22.11(1). 12 (1) Subsection 17(1) of the Act is replaced by the following: Authority to enter 17 (1) Subject to subsection 17.1(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 regulated by this Act is conducted in the place; or (b) anything 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), (a) examine the place; (b) examine or test 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 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. (2) Subsection 17(3) of the Act is replaced by the following: Duty to assist (3) The owner or person in charge of the place and every person employed in the place must give all assistance that is reasonably required to enable the inspector to verify compliance or prevent non-compliance with this Act and must provide anything that is reasonably required for those purposes. 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. 13 (1) Paragraph 17.1(2)(b) of the Act is replaced by the following: (b) entry to the dwelling-house is necessary for a purpose referred to in that subsection; and (2) Section 17.1 of the Act is amended by adding the following after subsection (2): 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. 14 Section 18 of the Act is replaced by the following: 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 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. 15 Subsection 19(3) of the Act is replaced by the following: Marking of devices — requirements not met (3) If 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 must attach to the device any tags and seals that may be prescribed to prevent the use of that device. 16 Section 20 of the Act and the heading before it are replaced by the following: Remedial and Preventive Measures Measures 19. 1 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 19.2 (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 19.3 (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 19.2(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 20 (1) Subject to the regulations, the fees and charges that are 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 that are payable under this Act may be recovered as a debt due to His Majesty. 17 Section 21 of the Act is amended by adding the following after subsection (2): 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. 18 Subsection 26(2) of the Act is repealed. 19 Section 28 of the Act is repealed. 20 Subsection 31(3) of the Act is replaced by the following: 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(1.1)(c) is guilty of an offence. 21 (1) The portion of section 32 of the French version of the Act before paragraph (a) is replaced by the following: Défaut d’immobiliser son véhicule 32 Commet une infraction tout conducteur d’un véhicule qui omet volontairement : (2) Paragraphs 32(a) and (b) of the Act are replaced by the following: (a) to bring the vehicle to a stop when required to do so under subsection 18(1); or (b) to bring the vehicle to a stop or to proceed with it to an appropriate place when ordered to do so by an inspector under subsection 18(2). 22 The Act is amended by adding the following after section 34: 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). 23 Section 36 of the Act is replaced by the following: Presumption 36 If a trader uses or has in their possession any device that is not marked as prescribed to show that it is not for use in trade, the trader is, in the absence of evidence to the contrary, deemed to use that device in trade or to have it in their possession for use in trade. 24 Subsection 37(1) of the French version of the Act is replaced by the following: 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 toutes les précautions voulues pour l’empêcher. 25 Subsection 39(1) of the Act is replaced by the following: Examination and samples of seized things 39 (1) If an inspector seizes and detains anything under paragraph 17(1.1)(c), they must, 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. 26 Subsection 41(1) of the Act is replaced by the following: 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(1.1)(c) consents in writing to its forfeiture, it is forfeited to His Majesty. 27 The Act is amended by adding the following after section 41: 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. R.S., c. E- 4 Electricity and Gas Inspection Act 28 (1) The definitions accredited meter verifier and director in subsection 2(1) of the Electricity and Gas Inspection Act are repealed. (2) The definitions apparatus , inspector and meter in subsection 2(1) of the Act are replaced by the following: apparatus  includes any machine, instrument, device or software; ( appareil ) inspector  means any officer who is appointed under subsection 26(1) and designated as an inspector under section 7 of the Department of Industry Act for the purpose of verifying compliance or preventing non-compliance with 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, or any part of such an apparatus; ( compteur ) (3) Subsection 2(1) of the Act is amended by adding the following in alphabetical order: 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 ) 29 Section 4 of the Act is replaced by the following: Standard apparatus 4 The standard apparatus necessary to establish the units of measurement for sales referred to in section 3 are the responsibility of the Minister and form part of the system of reference standards referred to in the Weights and Measures Act . 30 (1) The portion of section 5 of the Act before paragraph (a) is replaced by the following: Calibration of measuring apparatus 5 An authorized service provider may use an apparatus that is not a local standard , as defined in section 2 of the Weights and Measures Act , for measuring electricity or gas or for verifying meters only if, in accordance with the regulations, (2) Paragraph 5(a) of the French version of the Act is replaced by the following: a) l’appareil est calibré; (3) Section 5 of the Act is amended by replacing paragraph (b) and the portion after paragraph (b) with the following: (b) the calibration is certified. 31 The heading before section 6 of the Act is replaced by the following: Register of Contractors 32 Subsection 6(1) of the Act is replaced by the following: Register 6 (1) The president must maintain, in accordance with the regulations, a register of contractors who hold a certificate of registration. 33 The Act is amended by adding the following after section 6: 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. 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. 34 Sections 8 to 10 of the Act are replaced by the following: Service pressure reports 8 If required by the regulations, a contractor must report to the president, at prescribed intervals, the 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), if a contractor or purchaser intends to use or cause to be used a meter to obtain the basis of a charge for the supply of electricity or gas by or to them, the meter must not be put into service unless (a) the meter or the meter’s class, type or design has been approved by the president in the prescribed manner; and (b) the meter 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 president may permit any meter or the meters of any class, type or design to be temporarily put into service, for any period and under any conditions that the president specifies, without approval, verification or sealing. Permission to put into service indefinitely (3) The president may permit any meter or the meters of any class, type or design to be indefinitely put into service, under any conditions that the president specifies, without approval, verification or sealing. Authorized service providers 10 (1) Subject to subsection (2), the president may authorize any person, or an employee or an agent or mandatary of the person, to perform any functions related to the verification, sealing, reverification and resealing of any meter or any class, type or design of meter. If an authorization is given, the president must issue a certificate of authorization to the person. 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. 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). 35 Sections 11 to 14 of the Act are replaced by the following: Reverification 12 (1) Subject to subsection (3), every meter must be reverified (a) in the case of a meter used to obtain the basis of a charge for the supply of electricity, before the eighth anniversary of the day on which the meter was verified or last reverified; (b) in the case of a meter used to obtain the basis of a charge for the supply of gas, before the seventh anniversary of the day on which the meter was verified or last reverified; or (c) in any case or class of cases that the president determines, any other period that the president specifies. Seal and mark (1.1) Subject to subsection (3), after each reverification, the meter must be resealed or marked again, or have its seal or mark cancelled, as the case may be, in accordance with this Act. Shorter period (2) The period specified under paragraph (1)(c) for any reverification must not be shorter than the period referred to in paragraph (1)(a) or (b) except with the approval of the Minister, in which case the president must cause a 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). 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. Exercise of powers by inspector 13 An inspector may, on the general or special instructions of the president, deal with a meter in any manner provided for under or referred to in section 12 or specified in, provided for or authorized in directions issued under section 12.2 or under paragraph 28(1)(c), even if the meter may be or has been dealt with in that manner by an authorized service provider. Certificates 14 After the verification or reverification of a meter, an inspector, or an authorized service provider who is not the owner of the meter, must issue to the owner, in the prescribed manner, a certificate containing the prescribed information respecting the verification or reverification. 36 Subsection 15(1) of the Act is replaced by the following: Authorized persons — verification and sealing 15 (1) Only an inspector or an authorized service provider may verify, seal, reverify or reseal a meter. Breaking seal (1.1) Unless otherwise prescribed, only an inspector, an authorized service provider or the owner may break the seal of a verified meter. Breaking seal — dispute (1.2) If the correctness of a verified meter is in dispute, only an inspector may break its seal. 37 Subsection 16(1) of the Act is replaced by the following: Owner’s liability 16 (1) The owner of each verified meter that is in use must 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. 38 Sections 17 and 18 of the Act are replaced by the following: Records of authorized service providers 17 Every authorized service provider must keep records containing the prescribed information related to the administration of this Act, in the form, at the place and for the period that is prescribed. Examination of records 18 The records kept in accordance with sections 16 and 17 may be examined by an inspector and the inspector may make any copies or extracts as they may require. 39 Sections 20 and 21 of the Act are replaced by the following: Entry by authorized service provider 20 An authorized service provider may enter a place at all reasonable times if they believe on reasonable grounds that entry is required to perform any functions related to verifying, sealing, reverifying or resealing a meter that is in or on the place. Duty to assist 21 The owner or person in charge of, and every person employed in, a place entered by an authorized service provider under section 20 or an inspector under subsection 26.1(1) must give the inspector or authorized service provider all assistance that is reasonably required to enable the inspector or authorized service provider to perform their respective functions and must provide anything that is reasonably required for that purpose. 40 Subsections 23(3) and (4) of the Act are replaced by the following: 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) If a person who is provided with a certificate of findings by an inspector under subsection (2) gives notice to the inspector within the prescribed time that the person is dissatisfied with the findings, the inspector must refer the matter to the president for reconsideration in the prescribed manner. President’s decision final (4) The president’s decision on a matter referred to them under subsection (3) is final and conclusive. 41 Subsection 24(5) of the Act is replaced by the following: Liability (5) A contractor or purchaser, as the case may be, is liable for the amount of the charge for the supply of 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 in accordance with subsection (4), deemed or determined to have existed. 42 The heading before section 25 and sections 25 to 27 of the Act are replaced by the following: Appointment and Designation Staff 26 (1) A president and any other officers and employees that are necessary for the administration of this Act are to be appointed in accordance with the Public Service Employment Act . President’s functions (2) The president has, under the Minister, the direction and general supervision of the administration and enforcement of this Act. Designated inspectors (3) Subject to subsection (5), the Minister may designate any person to perform any functions of an inspector that the Minister specifies, except the functions set out in subsection 29.12(1). 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 inspector has, in relation to the performance of the functions specified by the Minister under subsection (3), the privileges and immunities of an inspector. Restrictions (5) A person who is an authorized service provider or a seller of electricity, gas or meters or who is employed by or is the agent or mandatary of an authorized service provider or a seller of electricity, gas or meters must not be appointed or designated under this section or act as a person appointed or designated under this section. 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. 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. 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 26.2 (1) If the place is a dwelling-house, an inspector must not enter that dwelling-house without the consent of the occupant except under the authority of a warrant issued under subsection (2). Authority to issue warrant (2) On ex parte application, a justice of the peace may issue a warrant authorizing an inspector who is named in it to enter a dwelling-house, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that (a) entry to the dwelling-house is necessary for the purpose of performing the inspector’s functions; 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 26. 3 In executing a warrant issued under subsection 26.2(2), the inspector named in the warrant must 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) Subject to the regulations, the fees and charges that are payable in respect of the execution of the functions of inspectors are payable after the function has been executed. Debt to His Majesty (2) Fees and charges that are payable under this Act may be recovered as a debt due to His Majesty. Regulations 43 (1) Paragraph 28(1)(d) of the Act is repealed. (2) Paragraphs 28(1)(e) to (g) of the Act are replaced by the following: (e) respecting fees or charges to be paid in relation to the administration and enforcement of this Act; (3) Paragraph 28(1)(j) of the Act is replaced by the following: (j) prescribing the procedure for applying for any exemption, approval, permission or authorization under this Act or for registering under section 6; (j.1) prescribing the requirements to be satisfied before the president may grant any exemption, approval, permission or authorization under this Act; (j.2) specifying or providing for the specification of the conditions on which any exemption, approval, permission or authorization under this Act must or may be made; (4) Paragraph 28(1)(p) of the Act is replaced by the following: (p) authorizing the president to delegate their functions, other than the functions set out in subsection 11(1) or section 22; (5) Subsections 28(2) and (3) of the Act are repealed. 44 Section 29 of the Act is replaced by the following: 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 (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. 45 (1) Paragraph 33(1)(c) of the Act is replaced by the following: (c) puts into service or causes to be put into service any meter contrary to paragraph 9(1)(b), (2) Paragraph 33(1)(f) of the Act is replaced by the following: (f) contrary to subsection 15(1) verifies, seals, reverifies or reseals any meter; (f.1) contrary to subsection 15(1.1) or (1.2), breaks or causes to be broken the seal of any meter; (3) Paragraph 33(1)(h) of the Act is replaced by the following: (h) being an authorized service provider, contravenes section 17, (4) Paragraph 33(1)(j) of the Act is replaced by the following: (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); (j) not being an inspector, a designated inspector or an authorized service provider, marks, or issues a certificate as to the accuracy or condition of, any meter after it has been installed for use, or 46 (1) Paragraph 39(1)(b) of the Act is replaced by the following: (b) any supply or class or type of supply of any energy or source of energy, in any form, for which an approval granted under paragraph 9(1)(a) did not, before the making of the order, contemplate the use of a meter. (2) Subsection 39(3) of the Act is repealed. 47 Subsection 46(2) of the Act is repealed. 48 The Act is amended by replacing “director” with “president” in the following provisions: (a) subsections 6(1) and (3); (b) the portion of section 19 after paragraph (b); and (c) subsection 22(1). C.R.C., c. 1605; SOR/2017-198, s. 1 Weights and Measures Regulations 49 Part IV of the Weights and Measures Regulations is repealed. 50 Schedule V to the Regulations is repealed. SOR/86- 131 Electricity and Gas Inspection Regulations 51 Part X of the Electricity and Gas Inspection Regulations is repealed. 52 Schedule 1 to the Regulations is repealed. Transitional Provisions Definitions 53 The following definitions apply in this section and sections 54 to 58 . accredited meter verifier  has the same meaning as in subsection 2(1) of the former Act. ( vérificateur accrédité ) authorized service provider  has the same meaning as in subsection 2(1) of the new Act. ( fournisseur de services autorisé ) commencement day  means the day on which this section comes into force. ( date de référence ) designated inspector  has the same meaning as in subsection 2(1) of the new Act. ( inspecteur désigné ) director  has the same meaning as in subsection 2(1) of the former Act. ( directeur ) former Act  means the Electricity and Gas Inspection Act as it read immediately before the commencement day. ( ancienne loi ) new Act  means the Electricity and Gas Inspection Act as it reads on the commencement day. ( nouvelle loi ) president  has the same meaning as in subsection 2(1) of the new Act. ( président ) Verification and sealing 54 (1) Any verification or sealing completed under subsection 9(1) of the former Act that is still valid on the commencement day is deemed to have been completed under paragraph 9(1)(b) of the new Act. Permissions (2) Any permission granted under subsection 9(2) of the former Act that is still valid on the commencement day is deemed to have been granted under subsection 9(2) of the new Act. Approvals — subsection 9(3) of former Act (3) Any approval granted under subsection 9(3) of the former Act that is still valid on the commencement day is deemed to be a permission granted under subsection 9(3) of the new Act. Approvals — subsection 9(4) of former Act (4) Any approval granted under subsection 9(4) of the former Act that is still valid on the commencement day is deemed to be an approval granted under paragraph 9(1)(a) of the new Act. Resealing and marks 55 Any resealing completed or mark made under subsection 12(1) of the former Act that is still valid on the commencement day is deemed to have been completed or made under subsection 12(1.1) of the new Act. Authorized service providers 56 (1) Nothing in this Act is to be construed as affecting the status of any person who, immediately before the commencement day, is an accredited meter verifier, except that, as of that day, the person is an authorized service provider. Deeming — actions of authorized service providers (2) Everything done or purported to have been done under the former Act by an accredited meter verifier before the commencement day is deemed, as of that day, to have been done by an authorized service provider under the new Act. President 57 (1) Nothing in this Act is to be construed as affecting the status of the person who, immediately before the commencement day, occupies the position of director, except that, as of that day, the person occupies the position of president. Deeming — actions of president (2) Everything done or purported to have been done under the former Act by the director before the commencement day is deemed, as of that day, to have been done by the president under the new Act. Designated inspectors 58 (1) Nothing in this Act is to be construed as affecting the status of any person who, immediately before the commencement day, is a person designated under subsection 26(3) of the former Act, except that, as of that day, the person is a designated inspector. Deeming — actions of designated inspectors (2) Everything done or purported to have been done by a person designated under subsection 26(3) of the former Act before the commencement day is deemed, as of that day, to have been done by a designated inspector under the new Act. Coming into Force Order in council 59 (1) Sections 1 to 5 , subsections 6 (1), (3) and (4), sections 7 to 30 and 34 to 42 , subsections 43 (1) and (3) to (5) and sections 44 to 48 and 53 to 58 come into force on a day to be fixed by order of the Governor in Council. Order in council (2) Sections 31 to 33 come into force on a day to be fixed by order of the Governor in Council, but that day must not be before the day referred to in subsection (1). Order in council (3) Subsection 6 (2) and sections 49 and 50 come into force on a day to be fixed by order of the Governor in Council. Order in council (4) Subsection 43 (2) and sections 51 and 52 come into force on a day to be fixed by order of the Governor in Council.