O. Reg. 546/96: GAS UTILIZATION CODE

Energy Act
Loi sur les hydrocarbures

ONTARIO REGULATION 546/96

Amended to: O. Reg. 225/01

GAS UTILIZATION CODE

Note: This Regulation was revoked on June 27, 2001. See: O. Reg. 225/01, s. 4.

This Regulation is made in English only.

Definitions

1. In this Regulation,

“approved” means,

(a) with respect to a standard or a laboratory test report, that it is listed in “Titles of Standards and Laboratory Test Reports Authorized in the Province of Ontario under the Energy Act”, dated November 1, 1996, as amended from time to time,

(b) with respect to an appliance, equipment, a component or an accessory, that it bears the label or symbol of a designated testing organization or a label or symbol authorized by the Director, certifying compliance with an approved standard or laboratory test report,

(c) with respect to an installation or work, that it complies with this Regulation or a predecessor of this Regulation as it read when the installation was carried out;

“certificate” means a certificate referred to in section 14 of the Act, except in section 12;

“Code” means the Ontario Gas Utilization Code, 1996 adopted as part of this Regulation under section 2, as amended from time to time;

“engineering services” means services performed for the purposes of the Act and includes services relating to the review of plans or drawings, requests for variances or deviations, the monitoring of field development projects, site remediation and general consultations;

“fuel features” means parts that use natural gas, handle natural gas, govern combustion or vent combustion products and the features of construction and installation that relate to the safe use and handling of natural gas;

“professional engineer” means a professional engineer within the meaning of the Professional Engineers Act;

“unacceptable condition” means,

(a) with respect to an appliance, container or work, that it is being used for a purpose other than that for which it was approved,

(b) with respect to an appliance, container or work, that an alteration to it, by the addition of a device or attachment or in any other way, or any deterioration of it, is likely to impair its safe operation, or

(c) with respect to an appliance or work, that the condition of piping, tubing or hoses, the venting of products of combustion, the supply of air for combustion or the clearance from adjacent combustible matter is likely to impair its safe operation or does not meet the requirements of this Regulation or a predecessor of it, whichever applied when the appliance or work was installed. O. Reg. 546/96, s. 1.

2. The Ontario Gas Utilization Code, 1996 issued by the Engineering and Standards Branch, Technical Standards Division of the Ministry of Consumer and Commercial Relations and the standards and specifications set out in it, and the “Titles of Standards and Laboratory Test Reports Authorized in the Province of Ontario under the Energy Act” dated November 1, 1996, as amended from time to time, are adopted as part of this Regulation. O. Reg. 546/96, s. 2.

3. No person or distributor shall knowingly supply natural gas to or use an appliance, a container, equipment, a work or any other thing employed in the handling or use of natural gas that does not comply with this Regulation or a predecessor of it as it read at the time of the installation. O. Reg. 546/96, s. 3.

Owner And User Responsibilities

4. (1) An owner or user of an appliance or work to whom notice has been given under section 6 or 7 that it is in an unacceptable condition constituting an immediate hazard shall not use, or cause or permit to be used, the appliance or work until the condition has been corrected and a distributor has determined on reinspection that the condition has been corrected.

(2) An owner or user of an appliance or work to whom notice has been given under section 6 or 7 that the appliance or work is in an unacceptable condition not constituting an immediate hazard shall not use, or cause or permit to be used, the appliance or work after the expiry of the period of time specified in the notice for correcting the condition, if the condition has not been corrected.

(3) An owner or user of an appliance, equipment, a work or any other thing employed in the handling or use of natural gas shall ensure that they are maintained in a safe operating condition. O. Reg. 546/96, s. 4.

5. (1) This section applies if a person who is exempted from section 14 of the Act installs an appliance or works on an installed appliance in his or her own detached dwelling.

(2) The person shall promptly notify the gas distributor after he or she completes the installation or work.

(3) The gas distributor shall inspect the installation or work to determine whether it complies with the requirements of the Act and regulations.

(4) A person referred to in subsection (1) shall not activate an appliance or work installed or serviced by him or her until a holder of a valid certificate has determined that the appliance or work and its installation comply with this Regulation.

(5) In subsection (4),

“serviced” does not include the carrying out of routine maintenance. O. Reg. 546/96, s. 5.

Certificate And Registration Holder Responsibilities

6. (1) A holder of a certificate or registration who finds that the unacceptable condition of an appliance or work is an immediate hazard shall,

(a) immediately shut off the supply of gas to the appliance or work;

(b) immediately give oral notice of the holder’s actions to the gas distributor;

(c) immediately give to the user a written notice,

(i) describing the condition that constitutes an immediate hazard, and

(ii) directing that the appliance or work not be used until the condition is corrected; and

(d) give written notice of the condition to the distributor, including notice that the supply of gas has been shut off, within 14 days of finding the condition.

(2) A holder of a certificate or registration who finds that an appliance or work is in an unacceptable condition not constituting an immediate hazard shall,

(a) immediately give oral notice of the condition to the distributor of gas to the appliance or work;

(b) immediately give written notice to the user of the appliance or work describing the condition and advising that notice of the condition has been given to the distributor; and

(c) give written notice of the condition to the distributor within 14 days of finding the condition. O. Reg. 546/96, s. 6.

Distributors’ Responsibilities

7. (1) A distributor who finds that an appliance or work is in an unacceptable condition constituting an immediate hazard shall,

(a) immediately shut off the supply of gas to the appliance or work; and

(b) give prompt written notice of the condition to the user, including a direction that the appliance or work not be used until the condition is corrected and a distributor determines on reinspection that the condition has been corrected.

(2) A distributor who finds that an appliance or work is in an unacceptable condition that does not constitute an immediate hazard shall promptly give the user a written notice describing the condition and indicate in it that the distributor will shut off the supply of gas to the appliance or work within the period of time specified in the notice, which shall not be greater than 90 days.

(3) A distributor who gives notice under subsection (2) shall shut off the supply of gas to the appliance or work if the unacceptable condition is not corrected within 90 days.

(4) A distributor to whom a notice of the existence of an unacceptable condition is given under section 6 shall examine the appliance or work and take action in accordance with this section. O. Reg. 546/96, s. 7.

Inspections By Distributors

8. (1) A distributor shall not supply gas to an appliance or work installed in a residential or commercial building unless the distributor has inspected the appliance or work and is satisfied that the installation and use of the appliance or work complies with the Act and with this Regulation or a predecessor of it as it read when the appliance or work was installed.

(2) An inspection shall be carried out by a person who is the holder of a valid certificate for the purpose.

(3) A distributor shall prepare a report on each inspection made under subsection (1) and keep it until the next inspection and report are completed. O. Reg. 546/96, s. 8.

Inspections By Owners

9. (1) An owner of an industrial, institutional or assembly building, as defined in the Code, where a natural gas appliance or work is installed shall ensure that,

(a) the appliance or work and its fuel features are maintained in accordance with the manufacturer’s recommended maintenance procedures;

(b) in consultation with the manufacturer or as required by the Director, an evaluation of the maintenance procedures referred to in clause (a) is carried out at least once every 10 years and, where necessary, new or upgraded procedures are established;

(c) an inspection of the appliance or work and its fuel features is carried out at least once every 10 years to ensure that they are in a safe operating condition and that the installation is in compliance with the Act and with this Regulation or a predecessor of it as it read when the appliance or work was installed.

(2) An inspection shall be carried out by a person who is the holder of a valid certificate for the purpose.

(3) The owner shall keep a record of an inspection made under clause (1) (c) until the next inspection and report is completed. O. Reg. 546/96, s. 9.

Laboratory Approval Of Appliances, Equipment,
Components And Accessories

10. (1) This section applies only to the testing of appliances, equipment, components and accessories that is carried out at a place other than the place where they are installed for their intended use.

(2) A person may apply to a designated testing organization to have an appliance, equipment, a component or an accessory tested under this section.

(3) The Canadian Gas Association, the Canadian Standards Association, the Underwriters’ Laboratories of Canada, Underwriters Laboratories Inc., Inchcape Testing Services NA Inc., and Inchcape Testing Services NA Ltd. are designated as organizations to test appliances, equipment, components and accessories to the applicable approved standards or laboratory test reports for the purposes of clause 3.2.1 of the Canadian Gas Association Standard CAN/CGA-B149.1-M95 as adopted by the Code.

(4) The Factory Mutual System is designated as an organization to test equipment, components and accessories to applicable approved standards or laboratory test reports for the purposes of clause 3.2.1 of the Canadian Gas Association Standard CAN/CGA-B149.1-M95 as adopted by the Code.

(5) A designated testing organization that tests an appliance, equipment, a component or an accessory under this section shall place its label or symbol on it if it conforms to the applicable approved standards or laboratory test reports. O. Reg. 546/96, s. 10.

Field Approval Of Appliances, Equipment,
Components And Accessories

11. (1) This section applies only to the testing of appliances, equipment, components or accessories that is carried out at the place where they are installed for their intended use.

(2) A person may apply to the Director, an inspector authorized by the Director or International Approval Services Canada Inc. to have an appliance, equipment, a component or an accessory tested under this section.

(3) The Director, an inspector authorized by the Director or International Approval Services Canada Inc. may decline to test an appliance, equipment, a component or an accessory if its design is substantially the same as one that has been tested and approved by a designated testing organization.

(4) The Director, an inspector authorized by the Director or International Approval Services Canada Inc. may test appliances, equipment, components and accessories to applicable approved standards or laboratory test reports for the purposes of clause 3.2.1 of the Canadian Gas Association Standard CAN/CGA-B149.1-M95 as adopted by the Code.

(5) If an appliance, equipment, a component or an accessory tested under this section conforms to the applicable approved standards or laboratory test reports, the Director, an inspector authorized by the Director or International Approval Services Canada Inc. shall place its label or symbol on it.

(6) If an appliance, equipment, a component or an accessory is tested under this section, the Director, an inspector authorized by the Director or International Approval Services Canada Inc. shall,

(a) determine whether its fuel features comply with the approved standards and this Regulation; and

(b) affix or cause to be affixed a label or symbol authorized by the Director to the appliance, equipment, component or accessory, if the Director, an inspector authorized by the Director or International Approval Services Canada Inc. determines that its fuel features comply with the approved standards and this Regulation.

(7) An applicant shall provide to the Director, an inspector authorized by the Director or International Approval Services Canada Inc. all information, and shall conduct or cause to be conducted all tests, required to determine compliance with clause (6) (a).

(8) An applicant who applies to the Director to have an appliance, equipment, a component or an accessory tested and approved under this section shall pay the non-refundable fees prescribed in the Schedule for the time reasonably spent,

(a) in reviewing information about the thing to be tested;

(b) in inspecting its fuel features; and

(c) in observing any test of the fuel features to determine their compliance with this Regulation. O. Reg. 546/96, s. 11.

12. (1) As an alternative to an application under subsection 11 (2), a user of an appliance having an input exceeding 15 000 kilowatts (50,000,000 British thermal units per hour) may, before the appliance is initially activated and used for its intended purpose, obtain a written statement from a professional engineer certifying that the appliance complies with the approved standards and this Regulation.

(2) A user seeking to certify an appliance under subsection (1) shall, for the purpose of determining compliance with clause 11 (6) (a) provide the professional engineer with all the information that he or she requires and conduct, or cause to be conducted, all tests that he or she requires.

(3) A professional engineer who certifies an appliance shall state whether the fuel features meet the requirement set out in clause 11 (6) (a).

(4) The user shall retain the certificate obtained under subsection (1), and the certificate is sufficient indication that the appliance has been approved and replaces the requirement for a label or symbol referred to in clause 11 (6) (b).

(5) Before an appliance certified by a professional engineer is activated, the user shall submit to the gas distributor a copy of the certificate, along with the name, address and telephone number of the person who will activate the appliance. O. Reg. 546/96, s. 12.

Registration Of Contractors

13. (1) An application for registration as a contractor under section 13 of the Act shall be made to the Director in the required form and be accompanied by the prescribed fee.

(2) A registration as a contractor expires one year after its date of issue.

(3) An application to renew a registration made after the registration has expired shall be treated as a new application for registration.

(4) The Director shall issue evidence of registration to an applicant who is registered as a contractor or renews a registration as a contractor.

(5) The Director shall issue a renewal of a registration as a contractor if the holder of the registration applies for it, pays the required fee and is not in arrears of any fees owed to the Director.

(6) A registered contractor shall display the evidence of registration in a conspicuous place at the contractor’s business premises and shall notify the Director within six days of any change in the business address.

(7) A registration is not transferable.

(8) If the name on the registration changes, the holder shall promptly apply to the Director for a registration containing the new name and pay the prescribed fee.

(9) If the registration is lost, stolen or destroyed, the holder shall promptly apply to the Director for a duplicate and shall pay the prescribed fee, whereupon the Director shall issue duplicate evidence of a valid registration.

(10) Any duplicate registration issued due to the loss or theft of the original shall promptly be returned to the Director if the original is recovered. O. Reg. 546/96, s. 13.

Exemptions

14. A person is exempt from section 10 of the Act with respect to the following:

1. Manually operated industrial appliances that have an input of not more than 6 kilowatts (20,000 British thermal units per hour).

2. Bunsen burners.

3. Stationary gas engines including turbine engines.

4. Portable gas equipment used for road construction or repair. O. Reg. 546/96, s. 14.

Fees

15. (1) The fees and rates of fees payable under this Regulation are set out in the Schedule.

(2) A person for whom inspection or engineering services are provided for the purposes of administering or determining compliance with this Regulation shall pay the prescribed fees, or cause them to be paid, including, where applicable, travel time and reasonable travel and living expenses incurred by the inspector or person providing the engineering services.

(3) A fee set out in the Schedule that is expressed as an amount per hour is payable on the basis of each quarter hour or part of a quarter hour that the person charging the fee spends, subject to the minimum set out in the Schedule. O. Reg. 546/96, s. 15.

SCHEDULE

FEES

Item No.	Column 1	Column 2
1.	Application for registration as a contractor, or renewal of the registration	$210.00
2.	Issuance of a duplicate registration	15.00
3.	Issuance of a registration bearing a new name or address	15.00
4.	Inspection services	120.00 per hour for each inspector providing the services, minimum of one hour
5.	Engineering services	120.00 per hour for each person providing the services, minimum of one hour

O. Reg. 546/96, Sched.