This archived statute consolidation is current to November 25, 1993 and includes changes enacted and in force by that date.

Gas Safety Act

[RSBC 1979] CHAPTER 149

[Unconsolidated amendments not in force; see s. 31 and "Note" at end of this Act]
[Consolidated amendment not in force: s. 24.2 (3) and (4), enacted 1981-16-16 (part)]

Contents
Section
  1.  Interpretation
  2.  Application
  3.  Approval of testing agency
  4.  Approval seal
  5.  Inspector may examine dealers' and manufacturers' stock
  6.  Permission for installation or alteration of a gas system
  7.  Contractor
  8.  Authorization before use
  9.  Inspector may inspect a gas system or gas installation
  10.  Repealed
  11.  Inspector may enter premises
  12.  Use of defective gas system
  13.  Repealed
  14.  Appointment of staff
  15.  Appointment of inspectors
  16.  Local inspectors
  17.  Municipal service
  18.  Duties and powers of chief inspector
  18.1  Conflict of interest
  19.  Annual report
  20.  Advisory committee established
  21.  Functions of advisory committee
  22.  Repealed
  23.  Revocation or suspension of licence
  24.  Appeals to chief inspector
  24.1  Appeal board established
  24.2  Appeals from decision of chief inspector
  24.3  Panels
  24.4  Quorum
  24.5  Meetings
  24.6  Method of hearing appeal
  24.7  Inquiry Act
  24.8  Power of appeal board
  25.  Regulations
  26.  Repealed
  27.  Fees fixed by municipality
  28.  Retention of fines by municipality
  29.  Authority of Act
  30.  Limitation
  30.1  Offence
  31.  Commencement

Interpretation

1.  In this Act

"advisory committee" means the Gas Safety Advisory Committee established by section 20;

"alter" includes repair;

"appeal board" means the Gas Safety Appeal Board established by section 24.1 and, except in sections 24.1, 24.3, 24.4 and 24.5, includes a panel established under section 24.3;

"appliance" means any device which utilizes gas to produce light, heat or power;

"certificate of competency" means a certificate issued under this Act to a person qualified to perform the duties of an inspector or local inspector;

"city gate" means the plant or premises where gas received from a pipeline is metered, reduced in pressure and prepared for distribution to individual users of the gas;

"contractor" means a person who carries on a business the purpose of which is the installation or alteration of or the installation and alteration of gas systems;

"dealer" means any person who maintains a place of business for the sale of appliances;

"distribution main" means pipe used for the transmission and distribution of gas at a pressure not exceeding 700 kPa, (gauge), for any distance between a city gate and a service pipe;

"gas" means natural, manufactured or liquefied petroleum gas or a mixture or dilution of any of them;

"gas company" means a person engaged in the sale or distribution of gas in the Province;

"gas equipment" means any

(a) piping;

(b) equipment;

(c) appliance;

(d) fuel container;

(e) vent, and

(f) other thing

that is used or designed to be used in connection with gas, but does not include any prescribed appliance;

"gas fitter" means a person holding a gas fitter's licence issued under this Act;

"gas installation" means a facility or system, including fittings, that is owned or operated by a gas company and that is used for storing, conveying, measuring or regulating gas;

"gas system" means a system of gas equipment that

(a) is installed in premises and is downstream of an outlet of a gas company's meter;

(b) utilizes liquefied petroleum gas and is downstream of a second stage regulator;

(c) is installed other than by or on behalf of a gas company and is upstream of the outlet of a meter or upstream of a second stage regulator, or

(d) is installed at a propane bulk plant;

and includes a vehicle gas system;

"inspector" means an inspector appointed or designated under section 14;

"local inspector" means a person designated by section 16;

"listed" refers to an appliance shown in a list published by a testing agency whose listing means that the appliance complies with the regulations;

"municipality" includes a village municipality;

"pipeline" means a pipeline as defined in the Pipeline Act;

"propane bulk plant" means a facility that is used primarily for the storage of liquefied petroleum gas before distribution to persons outside the facility or other places;

"service pipe" means a pipe installed by or on behalf of a gas company for the transmission of gas from a distribution main to a meter on the land or premises of the purchaser of the gas;

"testing agency" means an agency approved by the minister under section 3;

"vehicle" means vehicle as defined in the Motor Vehicle Act;

"vehicle gas system" means any piping, equipment, device, appliance, fuel container, vent and any other thing that is

(a) used or designed to be used in connection with or for the purpose of the utilization of gas or the distribution or storage of gas, and

(b) installed on any vehicle or used or designed to be used to supply or dispense gas for utilization in, on or by any vehicle;

"vent" means a conduit or passageway for conveying the products of combustion from a gas appliance to the outer air.

Historical Note(s): RS1960-161-2; [amended 1966-19-2, to be proclaimed, amendment not included]; 1977-53-1; 1977-75-8; 1978-28-7.1; 1981-16-2, proclaimed effective March 1, 1983; 1982-43-10, proclaimed effective October 1, 1982; 1984-25-13; 1985-75-5, effective December 13, 1985 (B.C. Reg. 396/85); 1987-44-11.

Application

2.  Nothing in this Act confers any power or authority or imposes any duty or responsibility on any person with respect to

(a) a pressure vessel as defined in the Power Engineers and Boiler and Pressure Vessel Safety Act;

(b) any pipe in which anything is transmitted at a pressure in excess of 700 kPa, (gauge), other than gas equipment installed in premises downstream of an outlet of a gas company's meter or gas equipment in a vehicle gas system;

(c) a piping system used to refine or process gas in any way;

(d) an internal combustion engine, turbine or any other prime mover; or

(e) a pipeline.

Historical Note(s): RS1960-161-3; [amended 1966-19-3, to be proclaimed, amendment not included]; 1977-53-1; 1978-28-7.1; 1981-16-3, proclaimed effective March 1, 1983; 1981-25-39, proclaimed effective July 21, 1982; 1985-75-6,7, effective December 13, 1985 (B.C. Reg. 396/85); 1987-44-12.

Approval of testing agency

3.  The minister, by notice published in the Gazette, may approve an association or body of persons as being qualified and equipped to do experimental testing and to maintain an adequate periodic inspection of current production of listed appliances.

Historical Note(s): RS1960-161-4.

Approval seal

4.  (1) Unless permitted by the regulations, no dealer shall sell or offer for sale any appliance that does not bear the approval seal of a testing agency.

(2) No person shall apply an approval seal unless this Act and the regulations have been complied with.

Historical Note(s): RS1960-161-5; [amended 1966-19-4, to be proclaimed, amendment not included]; 1981-16-4, proclaimed effective March 1, 1983.

Inspector may examine dealers' and manufacturers' stock

5.  (1) Every inspector has the right, at all reasonable hours, to examine appliances in the course of manufacture or repair and appliances in the stocks of manufacturers and dealers. If he finds that any appliances are defective or do not comply with this Act or the regulations, he shall prohibit the affixing of approval seals to the appliances or the sale of the appliances until his requirements have been complied with.

(2) An inspector may at any time enter a city gate to ascertain whether or not the equipment inside is operating safely.

(3) An inspector may at any time inspect a distribution main or a service line during its construction or maintenance.

Historical Note(s): RS1960-161-6.

Permission for installation or alteration of a gas system

6.  (1) No person shall install or alter a gas system unless he meets the prescribed conditions and qualifications.

(2) For the purpose of this section, the regulations may establish different conditions and qualifications for different classes of people and different circumstances.

(3) The Lieutenant Governor in Council may exempt any person or class of persons from the application of subsection (1) in circumstances that he may prescribe.

(4) No installation or alteration of a gas system shall be commenced unless

(a) a contractor, or

(b) where there is no contractor for the installation or alteration, a person who is allowed to apply for a permit under the regulations

applies for the class of permit required under the regulations in accordance with the directives of the chief inspector.

(5) The Lieutenant Governor in Council may by regulation exclude

(a) from the application of subsection (1), the installation, alteration or both, of any type of gas system in circumstances that he may prescribe, and

(b) from the application of subsection (4), the alteration of any type of gas system in circumstances that he may prescribe.

(6) No person shall install or alter a gas system unless he does so in accordance with the regulations and with the directives of the chief inspector.

(7) [Repealed 1983-10-22, effective October 26, 1983 (B.C. Reg. 393/83).]

Historical Note(s): 1981-16-5, proclaimed effective March 1, 1983; 1983-10-22, effective October 26, 1983 (B.C. Reg. 393/83); 1985-75-7, effective December 13, 1985 (B.C. Reg. 396/85); 1987-44-13; 1988-45-6.

Contractor

7.  Every contractor shall

(a) be registered and bonded in accordance with the regulations, and

(b) carry on his business in accordance with the regulations.

Historical Note(s): 1981-16-5, proclaimed effective March 1, 1983.

Authorization before use

8.  After the installation or alteration of a gas system no person shall use or permit the use of the gas system unless

(a) an inspector or local inspector

(i)  has been given written notification of the installation or alteration, as the case may be, by either the person doing the work or the holder of the permit, and,

(ii)  has authorized the use of the gas system, or

(b) the use of the gas system is permitted by the regulations without notification or authorization of an inspector or local inspector.

Historical Note(s): 1981-16-5, proclaimed effective March 1, 1983; 1987-44-14.

Inspector may inspect a gas system or gas installation

9.  (1) An inspector may inspect any gas system or gas installation.

(1.1) A local inspector may inspect a gas system other than a vehicle gas system.

(2) If in the opinion of an inspector or local inspector a gas system is constructed, installed or altered, as the case may be, in accordance with this Act and the regulations and with the directives of the chief inspector, he may issue a certificate of inspection.

(3) If in the opinion of an inspector a gas installation is constructed, installed or altered, as the case may be, in accordance with this Act and the regulations, he may issue a certificate of inspection.

Historical Note(s): 1981-16-5, proclaimed effective March 1, 1983; 1985-75-7, effective December 13, 1985 (B.C. Reg. 396/85); 1987-44-15; 1988-45-7.

Repealed

10.  [Repealed 1981-16-5, proclaimed effective March 1, 1983.]

Inspector may enter premises

11.  (1) An inspector may at all reasonable hours enter all premises in the performance of his duties.

(2) If an inspector or local inspector is of the opinion that a gas system

(a) is defective or dangerous to a person or property, or

(b) has been installed or altered contrary to this Act or the regulations or to the directives of the chief inspector;

he may

(c) order the occupier of the premises, if any, and the owner of the gas system

(i)  to comply with this Act and the regulations and with the directives of the chief inspector, or,

(ii)  to shut off the gas system, or

(d) shut off or order the gas company that supplies the gas to the gas system to shut off the gas system.

(3) Where a gas system is disconnected or shut off, no person shall reconnect it or turn it on unless authorized by an inspector.

(4) Any person who denies admittance to an inspector or local inspector seeking to enter premises under subsection (1) and who has properly identified himself, and any person who obstructs or interferes in any way with an inspector or local inspector in the performance of his duties, or obstructs or interferes with an employee of a gas company in the performance of his duties under subsection (2), commits an offence.

Historical Note(s): RS1960-161-12; 1981-16-6, proclaimed effective March 1, 1983; 1985-75-7, effective December 13, 1985 (B.C. Reg. 396/85); 1987-44-16; 1988-45-8.

Use of defective gas system

12.  A person shall not use a gas system that is not in a safe operating condition.

Historical Note(s): 1987-44-17.

Repealed

13.  [Repealed 1981-16-7, proclaimed effective March 1, 1983.]

Appointment of staff

14.  (1) A chief inspector, who shall be a professional engineer, and inspectors, clerks and employees as are required for this Act may be appointed under the Public Service Act.

(2) Notwithstanding subsection (1), the chief inspector may designate a person as an inspector for a period not exceeding 60 days.

Historical Note(s): RS1960-161-15; 1981-16-8, proclaimed effective March 1, 1983.

Appointment of inspectors

15.  (1) A person shall not be appointed or designated an inspector or local inspector unless he holds the type of certificate of competency required by the regulations.

(2) Subject to the regulations, every applicant for a certificate of competency shall pass examinations and tests the minister requires.

(3) The minister may suspend or cancel any certificate of competency for reasons prescribed by the regulations.

(4) [Repealed 1981-16-9, proclaimed effective March 1, 1983.]

Historical Note(s): RS1960-161-16; 1981-16-9, proclaimed effective March 1, 1983.

Local inspectors

16.  (1) Subject to section 15, the following shall be local inspectors:

(a) for a municipality where the chief inspector maintains a gas inspection service, persons appointed by the chief inspector;

(b) for a municipality where the chief inspector does not maintain a gas inspection service, persons who are appointed by the municipal council and whose appointments are approved by the chief inspector;

(c) for any rural area, persons appointed by the chief inspector.

(2) Within his territory, each local inspector shall discharge the duties and shall have and may exercise all the rights and powers of an inspector under section 11.

Historical Note(s): RS1960-161-17; 1981-16-10, proclaimed effective March 1, 1983.

Municipal service

17.  (1) Gas inspection services, where the gas pressure in the piping of a gas system is less than a prescribed pressure, shall be provided and maintained by the municipal council, except where by agreement with the minister it has been arranged that the chief inspector institute and maintain a gas inspection service in the municipality.

(2) The chief inspector shall maintain a gas inspection service within the Province for mains, services and for premises where the gas pressure in the piping of a gas system is equal to or greater than the pressure prescribed for the purposes of subsection (1).

(3) If in the opinion of the chief inspector an efficient gas inspection service by a fully qualified and competent person is not being maintained in a municipality, the chief inspector may, by agreement with the municipality, institute and continue to maintain a gas inspection service in the municipality.

(4) Where the chief inspector maintains a gas inspection service in a municipality, he may charge and collect the inspection fees set out in the regulations.

Historical Note(s): RS1960-161-18; 1977-53-1; 1987-44-18; 1988-45-9.

Duties and powers of chief inspector

18.  (1) The chief inspector shall perform the duties imposed on him by this Act and other duties as assigned to him by the minister, and, subject to the direction of the minister, shall have general supervision over the inspectors as well as of other matters and things within the scope of this Act.

(2) The chief inspector has and may exercise all the rights and powers of an inspector under this Act.

(3) The chief inspector may make directives respecting

(a) the form and manner of application for a class of permit, and

(b) the construction, installation, operation or alteration of any gas system.

(4) A regulation shall prevail over a directive of the chief inspector in the event of conflict.

Historical Note(s): RS1960-161-19; 1988-45-10.

Conflict of interest

18.1  No inspector or local inspector shall have a direct or indirect interest in the sale or manufacture of appliances or act as an agent for a buyer or seller of appliances.

Historical Note(s): 1981-16-11, proclaimed effective March 1, 1983.

Annual report

19.  The chief inspector shall make an annual report to the minister, giving, among other things, the number of permits issued, the number of gas fitters examined and licensed, and the number of accidents and deaths due to gas poisoning or explosion.

Historical Note(s): RS1960-161-20.

Advisory committee established

20.  (1) The Gas Safety Advisory Committee is established.

(2) The advisory committee shall be composed of members appointed by the minister.

(3) The members shall hold office for a term, not exceeding 3 years, fixed by the minister.

(4) Every member who is not a public service employee within the meaning of the Public Service Act shall be reimbursed for his reasonable out of pocket travelling and other expenses incurred in the discharge of his duties.

(5) The members shall each year elect from among their members a chairman, vice chairman and secretary.

Historical Note(s): 1981-16-12, proclaimed effective March 1, 1983.

Functions of advisory committee

21.  The advisory committee shall

(a) report to and advise the chief inspector with respect to examinations for certificates issued under this Act;

(b) review the evidence with respect to the cancellation or suspension of a certificate of competency or a licence issued under this Act or the regulations;

(c) advise the minister respecting

(i)  this Act and the regulations, and,

(ii)  the safety of equipment to which this Act applies; and

(d) carry out any additional duties set out in the regulations.

Historical Note(s): RS1960-161-22; 1981-16-13, proclaimed effective March 1, 1983.

Repealed

22.  [Repealed 1981-16-14, proclaimed effective March 1, 1983.]

Revocation or suspension of licence

23.  (1) Every gas fitter's licence may be revoked or suspended by the chief inspector for violation of this Act or of the regulations, or for the making of any false statement in the application for the licence by the holder of the licence, or by his agent or employee, or a person working directly under his supervision.

(2) The chief inspector shall not revoke a licence until he has given notice to the holder of it in accordance with the regulations that he will hold a hearing and has held the hearing, nor shall he suspend any licence for a period of more than one month.

(3) When the licence of any person has been revoked, no succeeding licence shall be issued to the person without the approval or consent of the advisory committee.

Historical Note(s): RS1960-161-24; 1981-16-15, proclaimed effective March 1, 1983.

Appeals to chief inspector

24.  (1) A person who is served with written notice of a decision, order or ruling of an inspector or a local inspector, other than a decision, order or ruling of the chief inspector, may appeal the decision, order or ruling to the chief inspector within 30 days after the date he is served.

(2) Any other person may, with leave of the chief inspector, appeal a decision, order or ruling of an inspector or a local inspector, other than a decision, order or ruling of the chief inspector, to the chief inspector within 30 days after the date the decision, order or ruling was made.

(3) Service of written notice under this section or section 24.2 shall be conclusively deemed if sent by registered mail to the last known address of the person.

(4) Where service of written notice is by registered mail under this section or section 24.2, the notice shall be conclusively deemed to be served on the 14th day after deposit of the notice in the Canada Post Office at any place in Canada.

(5) On an appeal under this section, the chief inspector shall review and shall, by order, confirm, vary or reverse the inspector's decision, order or ruling from which the appeal is made.

Historical Note(s): 1981-16-16, proclaimed effective March 1, 1983.

Appeal board established

24.1  (1) The Gas Safety Appeal Board is established.

(2) The appeal board shall be composed of members appointed by the minister, and he may designate from among the members a chairman and one or more vice chairmen.

(3) The members shall hold office for a term, not exceeding 3 years, fixed by the minister.

(4) Every member who is not a public service employee within the meaning of the Public Service Act may be paid remuneration fixed by the Lieutenant Governor in Council and shall be reimbursed for his reasonable out of pocket travelling and other expenses incurred in the discharge of his duties.

Historical Note(s): 1981-16-16, proclaimed effective March 1, 1983.

Appeals from decision of chief inspector

24.2  (1) A person who is served with written notice of a decision, order or ruling of the chief inspector may

(a) in all cases, other than the case referred to in paragraph (b), appeal to the appeal board, and

(b) where the decision, order or ruling is in respect of the structural design, the materials used in construction, the methods of construction, the alteration, the occupation or the use of a building, appeal to the Building Safety Standards Appeal Board

within 30 days after the date he is served with the written notice or a longer period permitted by the appeal board or the Building Safety Standards Appeal Board, as the case may be.

(2) Any other person may, with leave of the appeal board or the Building Safety Standards Appeal Board, as the case may be, appeal a decision, order or ruling of the chief inspector

(a) in all cases, other than the case referred to in paragraph (b), to the appeal board, and

(b) where the decision, order or ruling is in respect of the structural design, the materials used in construction, the methods of construction, the alteration, the occupation or the use of a building, to the Building Safety Standards Appeal Board

within 30 days after the date the decision, order or ruling was made or a longer period permitted by the appeal board or the Building Safety Standards Appeal Board, as the case may be.

([3) On an appeal under subsection (1) (a) or (2) (a), the appeal board shall refer any appeal or any issue respecting the structural design, the materials used in construction, the methods of construction, the alteration, the occupation or the use of a building to the Building Safety Standards Appeal Board.

(4) Where an issue or appeal is referred to the appeal board under section 4 (4) of the Building Safety Standards Act, the appeal board shall hear the matter referred to it as if it were an appeal under this Act.]

(5) In this section

"building" means building as defined in the Building Safety Standards Act;

"Building Safety Standards Appeal Board" means the Building Safety Standards Appeal Board established by the Building Safety Standards Act.

Historical Note(s): 1981-16-16, subsections (1), (2) and (5) effective June 21, 1984 (B.C. Reg. 195/84); [subsections (3) and (4) not in force].

Panels

24.3  (1) The chairman of the appeal board may establish one or more panels of the appeal board and, in respect of matters referred to a panel by the chairman, or coming before it under the rules of the appeal board, a panel has the power and authority of the appeal board, and 2 or more panels may proceed with separate matters at the same time.

(2) The chairman of the appeal board may refer a matter that is before the appeal board to a panel or may refer a matter that is before a panel to the appeal board or another panel.

(3) A panel of the appeal board shall consist of the chairman or a vice chairman of the appeal board and 2 or more other members of the appeal board.

(4) The chairman of the appeal board may terminate an appointment to a panel and may fill any vacancy on a panel.

Historical Note(s): 1981-16-16, effective June 21, 1984 (B.C. Reg. 195/84).

Quorum

24.4  A quorum

(a) of the appeal board is 1/2 of the members of the appeal board, of whom one shall be the chairman or a vice chairman of the appeal board, and

(b) of a panel is the chairman or a vice chairman of the appeal board and 2 other members of the panel.

Historical Note(s): 1981-16-16, effective June 21, 1984 (B.C. Reg. 195/84).

Meetings

24.5  (1) The chairman of the appeal board shall preside at meetings of the appeal board and of all panels of which he is a member, and a vice chairman shall preside over all other panels.

(2) Where there is no majority decision of the appeal board or a panel, the decision of the presiding chairman is the decision of the appeal board or panel, as the case may be.

Historical Note(s): 1981-16-16, effective June 21, 1984 (B.C. Reg. 195/84).

Method of hearing appeal

24.6  (1) Unless the parties to an appeal agree otherwise, the appeal board shall hear an appeal by holding a hearing at which both parties are entitled to be heard.

(2) Where the parties to an appeal agree to hear an appeal in a manner other than under subsection (1), the appeal board may hear the appeal in the manner agreed.

(3) In this section "parties" means the appellant and the chief inspector.

Historical Note(s): 1981-16-16, effective June 21, 1984 (B.C. Reg. 195/84).

Inquiry Act

24.7  For the purposes of this Act, the appeal board and each of its members has the protection, privileges and powers of a commissioner under sections 12, 15 and 16 of the Inquiry Act.

Historical Note(s): 1981-16-16, effective June 21, 1984 (B.C. Reg. 195/84).

Power of appeal board

24.8  On hearing an appeal, the appeal board

(a) shall confirm, vary or reverse the decision, order or ruling of the chief inspector, and

(b) may order the appellant or any other person to comply with its decision.

Historical Note(s): 1981-16-16, effective June 21, 1984 (B.C. Reg. 195/84).

Regulations

25.  (1) The Lieutenant Governor in Council may make regulations including those

(a) respecting the construction, installation, operation, alteration or design of any gas system;

(b) respecting the approval and listing of and prescribing specifications for the construction of appliances, including the materials to be used, the method and order of construction, and the tests to be applied during and after construction;

(c) requiring any person doing work under a permit under this Act to submit the work for inspection or testing at any stage of the work;

(d) providing that with respect to any part of a vent an inspector may rely on an inspection of it made under any other Act or regulations, or any bylaw of a municipality;

(e) providing for registration and licensing of contractors;

(f) respecting the examination of applicants for certificates of competency or licences under this Act and the nature of the examination, the standards of qualifications for a certificate of competency or licence, and any matter or thing relating or incidental to that;

(g) providing for the issuance, renewal, endorsement, revocation and suspension of any class of certificate, licence, registration, permit or approval;

(g.1) permitting the chief inspector to designate a person or class of persons to issue a document referred to in paragraph (g);

(h) imposing fees for anything done or permitted to be done under this Act or the regulations, and requiring the payment of money, in addition to the fees, to cover expenses for anything done or permitted to be done under this Act or the regulations;

(i) respecting the records to be kept by inspectors, local inspectors, gas companies, contractors, manufacturers, dealers or gas fitters;

(j) providing for the remuneration of local inspectors in rural areas;

(k) respecting the approval of testing agencies;

(l) respecting any matter or thing relating to the discharge of any duty or function by any officer appointed under this Act;

(m) exempting any particular type of construction, installation, operation or alteration of any gas system from the application of this Act or any part of this Act;

(n) exempting any area of the Province from the application of this Act;

(o) providing for the education in the safe use of gas of consumers, fitters, dealers and other persons by means of pamphlets, bulletins, exhibits or otherwise;

(p) respecting the construction, installation, operation or alteration of any distribution main, service pipe or meter;

(q) respecting the specifications for the construction of any distribution main, service pipe or meter, including regulations respecting the materials to be used, the method and order of construction, and the tests to be applied during and after the construction;

(r) respecting the inspection of a gas system under this Act and the issue of certificates of inspection;

(s) respecting gas installations;

(t) respecting excavations and underground structures near gas installations;

(u) granting to inspectors the powers necessary to regulate underground structures and excavations near gas installations;

(v) permitting the chief inspector to determine the form of any document referred to in this Act or the regulations;

(w) permitting the chief inspector or any other person to determine the qualifications that a person shall have to weld piping or equipment to which this Act and the regulations apply;

(x) [Repealed 1987-44-19.]

(y) respecting the reporting and investigating of accidents resulting from equipment that is regulated by this Act or the regulations; and

(z) prescribing the gas pressure in the piping of a gas system for the purposes of section 17 (1).

(2) Regulations made under this section may

(a) adopt, in whole or in part, codes or standards published by a national or international standards association, including adoption of amendments to the codes or standards published before or after the making of the regulations;

(b) in adopting the codes or standards under paragraph (a), grant powers to and establish functions and duties of inspectors that the Lieutenant Governor in Council deems necessary in order for the inspectors to administer the codes or standards adopted, including delegating to inspectors

(i)  any discretionary power granted to or duty required to be exercised by,

(A)  inspectors,

(B)  the authority having jurisdiction,

(C)  the enforcing authority, or

(D)  other persons

referred to in the codes or standards adopted, and

(ii)  the power to vary the codes or standards adopted, and

(c) exempt persons or classes of persons from all or part of the codes or standards adopted.

Historical Note(s): RS1960-161-26; [amended 1966-19-6, to be proclaimed, amendment not included]; 1981-16-17, proclaimed effective March 1, 1983; 1985-75-7, effective December 13, 1985 (B.C. Reg. 396/85); 1987-44-19; 1988-45-11.

Repealed

26.  [Repealed 1983-10-22, effective October 26, 1983 (B.C. Reg. 393/83).]

Fees fixed by municipality

27.  (1) Where a local inspector is employed by a municipality, the municipality may fix the fees that are payable for issuance of a permit or certificate of inspection.

(2) An applicant for a permit or a certificate of inspection shall pay to the municipality the fees fixed by the municipality under subsection (1).

Historical Note(s): 1981-16-18, proclaimed effective March 1, 1983.

Retention of fines by municipality

28.  (1) All fines and penalties imposed under this Act in prosecutions on information laid by any local inspector of any municipality in respect of any offence committed within the municipality shall, when paid or recovered, be paid over to the municipality for use as part of the municipal revenue.

(2) The amount of all other fees, fines and penalties payable or collected under this Act shall be paid to the chief inspector, who shall pay them to the Minister of Finance to be accounted for as part of the consolidated revenue fund.

Historical Note(s): RS1960-161-28(2,3).

Authority of Act

29.  This Act and the regulations prevail over any other Act authorizing a municipality to deal with any matter dealt with by this Act or the regulations and any bylaw of a municipality dealing with any matter under this Act and the regulations.

Historical Note(s): RS1960-161-29.

Limitation

30.  Any information or complaint with respect to any offence against this Act shall be laid or made within one year from the time the matter of the information or complaint arose.

Historical Note(s): RS1960-161-30; [amended 1966-19-7, to be proclaimed, amendment not included].

Offence

30.1  (1) A person who contravenes section 4, 6 to 8, 11 (3), 12 or 18.1 or an order of an inspector, a local inspector or the appeal board commits an offence.

(2) Where the installation or alteration of a gas system is commenced in contravention of section 6 (4), the contractor or, where there is no contractor for the installation or alteration, the person who is allowed to apply for a permit under the regulations, commits an offence.

Historical Note(s): 1981-16-19, proclaimed effective March 1, 1983; 1985-75-7, effective December 13, 1985 (B.C. Reg. 396/85); 1987-44-20.

Commencement

31.  (1) The amendments to sections 1, 2, 4, 20, 25 and 30 enacted before the coming into force of the Revised Statutes of British Columbia, 1979 and not included in the Revised Statutes of British Columbia, 1979 come into force by regulation of the Lieutenant Governor in Council.

(2) and (3) [Repealed 1981-16-20, proclaimed effective March 1, 1983.]

Historical Note(s): 1966-19-8; 1972-56-74,75; 1981-16-20, proclaimed effective March 1, 1983; 1983-10-13, effective October 26, 1983 (B.C. Reg. 393/83).

[Editorial Note(s): re s. 31 (1): Some of the unconsolidated, pre-revision amendments referred to are wholly or partly superseded by or inconsistent with subsequent amendments, as follows: (1) 1966-19-2, part inconsistent with the amendments to s. 1 enacted by 1982-43-10 and 1987-44-11 (b) and (c); (2) 1966-19-5, inconsistent with the re-enactment of s. 20 by 1981-16-12; (3) 1966-19-6, part inconsistent with the amendment to s. 25 (a) enacted by 1985-75-7 and the re-enactment of s. 25 (1) (a) by 1987-44-19(b).]