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| This archived statute consolidation is current to November 5, 2001 and includes changes enacted and in force by that date. For the most current information, click here. |
[Updated to September 6, 2000]
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Contents |
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Section |
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Inspector's authority to examine dealers' and manufacturers' stock | |
1 In this Act:
"advisory committee" means the Gas Safety Advisory Committee established by section 22;
"alter" includes repair;
"appeal board" means the Gas Safety Appeal Board established by section 26 and, except in sections 26, 28, 29 and 30, includes a panel established under section 28;
"appliance" means any device that uses 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 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 British Columbia;
"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) uses 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 4;
"listed" refers to an appliance shown in a list published by a testing agency the listing of which means that the appliance complies with the regulations;
"local inspector" means a person designated by section 6;
"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 12;
"vehicle" means a 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 use, distribution or storage of gas, and
(b) installed on any vehicle or used or designed to be used to supply or dispense gas for use 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.
2 Nothing in this Act confers any power or authority or imposes any duty or responsibility on any person with respect to any of the following:
(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;
(e) a pipeline.
3 This Act and the regulations prevail over
(a) any other Act authorizing a municipality to deal with any matter dealt with by this Act or the regulations, and
(b) any bylaw of a municipality dealing with any matter under this Act and the regulations.
4 (1) A chief inspector and inspectors, clerks and employees as are required for the purposes of this Act may be appointed under the Public Service Act.
(2) Despite subsection (1), the chief inspector may designate a person as an inspector for a period not longer than 60 days.
(3) A chief inspector appointed under subsection (1) must be a professional engineer.
5 (1) A person must not be appointed or designated as an inspector or local inspector unless the person holds the type of certificate of competency required by the regulations.
(2) Subject to the regulations, every applicant for a certificate of competency must pass examinations and tests that the minister requires.
(3) The minister may suspend or cancel any certificate of competency for reasons prescribed by the regulations.
6 (1) Subject to section 5, the following are 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 or her territory, each local inspector must discharge the duties, and has and may exercise all the rights and powers, of an inspector under sections 11 and 20.
7 (1) The chief inspector must perform the duties imposed on the chief inspector by this Act and other duties as assigned to the chief inspector by the minister.
(2) Subject to the direction of the minister, the chief inspector has general supervision over the inspectors and of other matters and things within the scope of this Act.
(3) The chief inspector has and may exercise all the rights and powers of an inspector under this Act.
(4) 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.
(5) A regulation prevails over a directive of the chief inspector in the event of conflict.
8 (1) Where the gas pressure in the piping of a gas system is less than a prescribed pressure, gas inspection services must be provided and maintained by the municipal council, unless 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 must maintain a gas inspection service within British Columbia 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.
9 The chief inspector must make an annual report to the minister, indicating, among other things,
(a) the number of permits issued,
(b) the number of gas fitters examined and licensed, and
(c) the number of accidents and deaths due to gas poisoning or explosion.
10 (1) An inspector may at any time enter a city gate to ascertain whether or not the equipment inside is operating safely.
(2) An inspector may at any time inspect a distribution main or a service line during its construction or maintenance.
11 An inspector may at all reasonable hours enter any premises in the performance of the inspector's duties.
12 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.
13 (1) Unless permitted by the regulations, a dealer must not sell or offer for sale any appliance that does not bear the approval seal of a testing agency.
(2) A person must not apply an approval seal unless this Act and the regulations have been complied with.
14 (1) An inspector has the right, at all reasonable hours, to examine appliances
(a) in the course of manufacture or repair, and
(b) in the stocks of manufacturers and dealers.
(2) If an inspector acting under subsection (1) finds that any appliances are defective or do not comply with this Act or the regulations, the inspector must prohibit the affixing of approval seals to the appliances or the sale of the appliances until the inspector's requirements have been complied with.
15 An inspector or local inspector must not 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.
16 (1) A person must not install or alter a gas system unless the person 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 persons 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 the Lieutenant Governor in Council may prescribe.
(4) A person must not begin to install or alter a gas system unless
(a) a contractor, or
(b) if 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) By regulation, the Lieutenant Governor in Council may exclude
(a) from the application of subsection (1), the installation, alteration or both, of any type of gas system in circumstances that the Lieutenant Governor in Council may prescribe, and
(b) from the application of subsection (4), the alteration of any type of gas system in circumstances that the Lieutenant Governor in Council may prescribe.
(6) A person must not install or alter a gas system unless the person does so in accordance with the regulations and with the directives of the chief inspector.
17 A contractor must
(a) be registered and bonded in accordance with the regulations, and
(b) carry on business in accordance with the regulations.
18 After the installation or alteration of a gas system, a person must not 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 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.
19 (1) An inspector may inspect any gas system or gas installation.
(2) A local inspector may inspect a gas system other than a vehicle gas system.
(3) If, in the opinion of an inspector or local inspector, a gas system is constructed, installed or altered in accordance with this Act and the regulations and with the directives of the chief inspector, the inspector or local inspector may issue a certificate of inspection.
(4) If, in the opinion of an inspector, a gas installation is constructed, installed or altered in accordance with this Act and the regulations, the inspector may issue a certificate of inspection.
20 (1) 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,
the inspector or local inspector 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.
(2) If a gas system is disconnected or shut off, a person must not reconnect it or turn it on unless authorized by an inspector.
21 A person must not use a gas system that is not in a safe operating condition.
22 (1) The Gas Safety Advisory Committee is established.
(2) The advisory committee is composed of the members appointed by the minister.
(3) The members hold office for a term, not longer than 3 years, set by the minister.
(4) A member who is not an employee within the meaning of the Public Service Act must be reimbursed for reasonable out of pocket travelling and other expenses incurred in the discharge of the member's duties.
(5) The members must each year elect from among their members a chair, vice chair and secretary.
23 The advisory committee must do the following:
(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;
(d) carry out any additional duties set out in the regulations.
24 (1) A gas fitter's licence may be revoked or suspended by the chief inspector for
(a) a violation of this Act or of the regulations, or
(b) the making of any false statement in the application for the licence by the holder of the licence, or by the holder's agent or employee, or a person working directly under the holder's supervision.
(2) The chief inspector must not revoke a licence until the chief inspector
(a) has given notice to the licence holder in accordance with the regulations that the chief inspector will hold a hearing, and
(b) has held the hearing.
(3) The chief inspector must not suspend any licence for a period of more than one month.
(4) If the licence of any person has been revoked, a succeeding licence must not be issued to the person without the approval or consent of the advisory committee.
25 (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 the person 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 27 is conclusively deemed to be given if sent by registered mail to the last known address of the person.
(4) If service of written notice is by registered mail under this section or section 27, the notice is 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 must review and, by order, confirm, vary or reverse the inspector's decision, order or ruling from which the appeal is made.
26 (1) The Gas Safety Appeal Board is established.
(2) The appeal board is composed of members appointed by the minister.
(3) The minister may designate from among the members a chair and one or more vice chairs.
(4) The members hold office for a term, not longer than 3 years, set by the minister.
(5) A member who is not an employee within the meaning of the Public Service Act
(a) may be paid remuneration set by the Lieutenant Governor in Council, and
(b) must be reimbursed for reasonable out of pocket travelling and other expenses incurred in the discharge of the member's duties.
27 (1) A person who is served with written notice of a decision, order or ruling of the chief inspector may appeal to the appeal board within 30 days after the date the person is served with the written notice or a longer period permitted by the appeal board.
(2) Any other person may, with leave of the appeal board, appeal a decision, order or ruling of the chief inspector to the appeal board within 30 days after the date the decision, order or ruling was made or a longer period permitted by the appeal board.
28 (1) The chair of the appeal board may establish one or more panels of the appeal board.
(2) In respect of matters referred to a panel by the chair, or coming before it under the rules of the appeal board, a panel has the power and authority of the appeal board.
(3) Two or more panels may proceed with separate matters at the same time.
(4) The chair of the appeal board may
(a) refer a matter that is before the appeal board to a panel, or
(b) refer a matter that is before a panel to the appeal board or another panel.
(5) A panel of the appeal board must consist of the chair or a vice chair of the appeal board and 2 or more other members of the appeal board.
(6) The chair of the appeal board may
(a) terminate an appointment to a panel, and
(b) fill any vacancy on a panel.
29 A quorum
(a) of the appeal board is 1/2 of the members of the appeal board, of whom one is the chair or a vice chair of the appeal board, and
(b) of a panel is the chair or a vice chair of the appeal board and 2 other members of the panel.
30 (1) The chair of the appeal board must preside at meetings of the appeal board and of all panels of which the chair is a member, and a vice chair must preside over all other panels.
(2) If there is no majority decision of the appeal board or a panel, the decision of the presiding chair is the decision of the appeal board or panel.
31 (1) In this section, "parties" means the appellant and the chief inspector.
(2) Unless the parties to an appeal agree otherwise, the appeal board must hear an appeal by holding a hearing at which both parties are entitled to be heard.
(3) If the parties to an appeal agree to hear an appeal in a manner other than under subsection (2), the appeal board may hear the appeal in the manner agreed.
32 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.
33 On hearing an appeal, the appeal board
(a) must 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.
34 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:
(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) respecting the construction, installation, operation or alteration of any distribution main, service pipe or meter;
(d) respecting 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;
(e) respecting gas installations;
(f) respecting excavations and underground structures near gas installations;
(g) 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;
(h) respecting the inspection of a gas system under this Act and issuing of certificates of inspection;
(i) granting to inspectors the powers necessary to regulate underground structures and excavations near gas installations;
(j) 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;
(k) providing for the registration and licensing of contractors;
(l) respecting the examination of applicants for certificates of competency or licences under this Act, including 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;
(m) permitting the chief inspector or any other person to determine the qualifications that a person must have to weld piping or equipment to which this Act and the regulations apply;
(n) providing for the issuance, renewal, endorsement, revocation and suspension of any class of certificate, licence, registration, permit or approval;
(o) permitting the chief inspector to designate a person or class of persons to issue a document referred to in paragraph (n);
(p) 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;
(q) respecting the records to be kept by inspectors, local inspectors, gas companies, contractors, manufacturers, dealers or gas fitters;
(r) providing for the remuneration of local inspectors in rural areas;
(s) respecting the approval of testing agencies;
(t) respecting any matter or thing relating to the discharge of any duty or function by any officer appointed under this Act;
(u) 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;
(v) exempting any area of British Columbia from the application of this Act;
(w) providing for education in the safe use of gas for consumers, fitters, dealers and other persons by means of pamphlets, bulletins, exhibits or otherwise;
(x) permitting the chief inspector to determine the form of any document referred to in this Act or the regulations;
(y) respecting the reporting and investigating of accidents resulting from equipment that is regulated by this Act or the regulations;
(z) prescribing the gas pressure in the piping of a gas system for the purposes of section 8 (1).
(3) Regulations made under this section may do any of the following:
(a) adopt all or part of 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 considers 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;
(c) exempt persons or classes of persons from all or part of the codes or standards adopted.
35 (1) A person who contravenes section 13, 15, 16, 17, 18, 20 (2) or 21 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 16 (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.
(3) A person commits an offence if the person does any of the following:
(a) denies admittance to an inspector or local inspector who is seeking to enter premises under section 11 and who has properly identified himself or herself;
(b) obstructs or interferes in any way with an inspector or local inspector in the performance of duties;
(c) obstructs or interferes with an employee of a gas company in the performance of duties under section 20 (1).
36 An information or complaint with respect to any offence against this Act must be laid or made within one year from the time the matter of the information or complaint arose.
37 (1) If a local inspector is employed by a municipality, the municipality may set 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 must pay to the municipality the fees set by the municipality under subsection (1).
38 (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 must, 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 must be paid to the chief inspector, who must pay them to the Minister of Finance and Corporate Relations to be accounted for as part of the consolidated revenue fund.
39 If the chief inspector maintains a gas inspection service in a municipality, the chief inspector may charge and collect the inspection fees set out in the regulations.
Copyright (c) 2001: Queen’s Printer, Victoria, British Columbia, Canada