Gas Protection Act
Consolidated act- Citation
- R.S.N.W.T. 1988, c.G-2
- Source
- Unofficial consolidation PDF (justice.gov.nt.ca)
This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.
- s.1 amended by An Act to Repeal the Settlements Act
- s.2 amended by Tlicho Statutes Amendment Act
- s.2 amended by Devolution Measures Act in force April 1, 2014
- s.4 amended by Devolution Measures Act in force April 1, 2014
- s.6 amended by An Act to Repeal the Settlements Act
- s.7 amended by S.N.W.T. 1998,c.21,s.9 in force Dec. 19, 1998 (SI-018-98)
- s.7 amended by An Act to Repeal the Settlements Act
- s.8 amended by An Act to Repeal the Settlements Act
Definitions
1.In this Act,
"Chief Inspector" means the Chief Inspector appointed under subsection 4(1); (inspecteur en chef)
"gas" means natural gas, manufactured gas, liquefied petroleum gas or a mixture of these gases; (gaz)
"gas equipment" includes machinery, equipment, appliances and devices used or intended to be used in the transmission, distribution, supply or use of gas; (matériel de distribution du gaz)
"gas fitter" means a person who installs, repairs or alters a gas installation or gas equipment; (monteur d’installations de gaz)
"gas installation" means
(a) the portion of a distribution system within a municipality or unincorporated community, and
(b) gas piping equipment in or on
(i) land or premises of the ultimate consumer of the gas,
(ii) a mobile or fixed building, or
(iii) a vehicle, for the use of gas as a fuel for heating, power or lighting, other than gas used as a raw material in an industrial or manufacturing process,
and includes
(c) the connection of gas piping referred to in paragraph (b) with gas consuming equipment and a part of the gas system, and
(d) the maintenance, alteration, extension or repair of gas piping referred to in paragraph (b); (installation de gaz)
"inspector" means an inspector appointed under subsection 4(1). (inspecteur) S.N.W.T. 2011,c.8,s.13(2).
Application
2.(1) This Act applies to gas installations and gas equipment, the inspection of gas installations and gas equipment and the manufacture, sale and installation of gas equipment.
(1.1) This Act does not apply to any work or activity governed by the Oil and Gas Operations Act.
(2) This Act and the regulations prevail in the event of a conflict with the Charter Communities Act, Cities, Towns and Villages Act, Hamlets Act or Tåîchô Community Government Act or the regulations made under those Acts to the extent of the conflict. S.N.W.T. 2013,c.9,Sch.B,s.5; S.N.W.T. 2014,c.10,s.11(2).
Government bound by Act
3.This Act binds the Government of the Northwest Territories.
Appointment of Chief Inspector and inspectors
4.(1) The Minister may appoint a Chief Inspector and one or more qualified inspectors to carry out this Act and the regulations.
(1.1) The Minister may enter into an agreement with the Workers’ Safety and Compensation Commission specifying the terms and conditions under which inspectors under this Act may act as safety officers for the purposes of the Safety Act, and during the duration of the agreement the inspectors are deemed to be safety officers for the purpose of that Act.
(2) No person who has a direct or indirect financial interest in gas installations or gas equipment or the sale of gas installations or gas equipment shall be appointed or act as an inspector.
(3) The Chief Inspector and an inspector may exercise the powers conferred and shall perform the duties imposed under this Act and the regulations.
(4) Subject to subsection (2), the Chief Inspector may exercise the powers and perform the duties of an inspector.
(5) An inspector is responsible to the Chief Inspector. S.N.W.T. 2014,c.10,s.11(3).
Entry
5.(1) An inspector may, at any reasonable time, enter a building or premises or on any land for the purpose of performing a duty imposed on the inspector under this Act or the regulations.
(2) An inspector may disconnect or may require the person supplying the gas to disconnect the gas supply to a gas installation that, in the opinion of the inspector, is dangerous to life or property.
(3) No person shall reconnect a gas supply disconnected under subsection (2) until authorized by the inspector.
Liability
6.Notwithstanding an inspection or test made or a certificate or permit issued under this Act or the regulations,
(a) no person acting under this Act or the regulations is liable for injury, loss or damage caused to any person or property by reason of
(i) a defect in gas equipment, or
(ii) any regulation, plan, specification or order made under this Act; and
(b) nothing in this Act, the regulations or a plan, specification or order made under this Act affects the liability of a person or municipal corporation for injury, loss or damage caused by reason of a defect in gas equipment.
Offence by corporation
7.(1) A municipal corporation or corporation that contravenes this Act or the regulations is guilty of an offence and liable on summary conviction to a fine not exceeding $500 for each day on which the offence continues.
(2) An individual who
(a) contravenes this Act or the regulations, or
(b) hinders or interferes with a person performing a duty imposed or exercising a power conferred on that person by this Act or the regulations,
is guilty of an offence and liable on summary conviction to a fine not exceeding $200 for each day on which the offence continues.
(3) A prosecution for an offence under this Act or the regulations may not be commenced after one year from the time when the offence was committed. S.N.W.T. 1998,c.21,s.9; S.N.W.T. 2011,c.8,s.13(4).
Appeal
8.A person or municipal corporation aggrieved by an order or decision of an inspector may appeal the order or decision in the prescribed manner. S.N.W.T. 2011, c.8,s.13(5).
Regulations
9.(1) The Commissioner, on the recommendation of the Minister, may make regulations to give effect to this Act and, without restricting the generality of this power to make regulations, may make regulations
(a) exempting classes of gas installations or gas equipment from the operation of this Act or the regulations;
(b) providing for the design, construction, installation, protection, use, maintenance, repair and extension of gas equipment;
(c) respecting the inspection and approval of specified gas equipment and prohibiting the use of the gas equipment until it has been inspected and approved;
(d) prohibiting the advertising, display, sale or other disposal or the offering for sale or other disposal, publicly or privately, of specified gas equipment, unless it has been inspected and approved;
(e) prescribing the precautions to be taken in the sale or other disposal of specified gas equipment;
(f) prescribing the warnings and instructions to be given to purchasers or other persons who acquire specified gas equipment, by means of advertisements, circulars or otherwise, in order to prevent the use of the equipment in a manner or under conditions that are likely to result in undue hazard to persons or property;
(g) prescribing plans and specifications governing the design and construction of specified gas equipment, the modification or alteration of the equipment and the manner in which it is to be tested before it is sold or disposed of or used, or at any other time;
(h) prescribing the manner and times for the inspection, removal, alteration, repair, connection or disconnection of gas equipment and the measures to be taken in the inspection, removal, alteration, repair, connection or disconnection to protect the public, workers or property against injury or damage by gas equipment or the installation, alteration, repair or operation of gas equipment;
(i) providing for the issue of
(i) permits for the installation or operation of gas equipment, and
(ii) certificates of approval of gas equipment;
prescribing the fees for
(i) permits for the installation or operation of gas equipment,
(ii) inspections, tests and approvals of gas equipment, and
(iii) surveys of plans and specifications relating to gas installations and gas equipment, and the time and manner in which the fees must be paid; providing for the collection of the prescribed fees; providing for the licensing of gas fitters including the qualifications of gas fitters and the issue of licences to gas fitters; allowing a person who does not hold a gas fitter licence to engage in the occupation of a gas fitter and the circumstances under which the allowance may be made; providing for the posting of any or all regulations or notices relating to regulations and prescribing the places and manner in which the regulations or notices are to be posted and the time or times during which they are to be kept posted; respecting any other matter or thing, the object of which is the avoidance of danger to life and property by reason of the installation, repair or use of gas equipment; classifying gas installations and gas equipment and exempting any class of gas installations or gas equipment from this Act or the regulations; prescribing the powers and duties of the Chief Inspector and an inspector; prescribing the manner in which an appeal from a decision or order of an inspector is to be made and disposed of; and that the Commissioner considers necessary for carrying out the purposes and provisions of this Act.
(2) Where a code of rules or standards respecting a matter referred to in this Act has been established by an association, person or body of persons and is available in printed form, the Commissioner, on the recommendation of the Minister, may by regulation adopt the code as established or as amended from time to time, and upon adoption the code is in force in the Northwest Territories, in whole or in part or with such variations as may be specified in the regulations. S.N.W.T. 2010,c.16,Sch.A,s.19(2).
Territorial Printer, Northwest Territories Yellowknife, N.W.T./2014©