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An Act to provide for the Inspection of Gas and Gas Meters. \As8ented to 2SrdMay, 1873.] WHEREAS it is expedient that the measurement of gas, sold Preamble and supplied for lighting, heating and other purposes, should be hereafter regulated by one uniform standard, that the illuminating power of such gas, and the purify thereof, should be legulatedby certain rules and tested, and that all gas meters .should be inspected and stamped : Therefore Her Majesty, by and with the advice and consent of the Senate and House of Com- mons of Canada, enacts as follows : — 1. In construing this Act, the word "meter" shall mean gas r>«finit{ « t meter, and shall mclude every kind of machine, apparatus or in- terms iu this strument used for measuring gas ; the word " undertaker " shall ^''*- mean any company or party undertaking to furnish gas to any "purchaser," which word shall include any corporation, person or party to whom such gas is to be furnished ; the expression " pre- scribed quality," shall mean that quality of gas which the under- taker has undertaken to supply to the purchaser : and the word " Inspector " shall mean an Inspector of Gas Meters appointed under this Act. 2. After the date fixed by the proclamation to be iisued under standard of this Act, the only standard or unit of measure ^r the sale of gas measure for by meter, shall be the cubic foot, containing sixty-two pounds and ^**- three hundred and twenty-one thousandths of a pound avoirdupois weight of distilled water, weighed in air at the temperature of sixty- two degrees of Fahrenlieit s thermometer, the barometer being at thirty inches, except as relates to contracts made before the passing of this Act, and in which a different unit of measure is adopted, which contracts, if renewed, shall nAnnt thi> ^^r^^i. nf maaaii-rr, o1,/v-.to prescribed. 3. ft Chap. 48. Inspection of Oaa and Oaa Meters. 8G VioT. feet Models of gas- 3, Within as short a period as may be, after the passing of this Burin "in cubic Act, models of gasholders measuring the said cubic foot, and such multiples and decimal parts of the said cubic foot, as the Minister of Inland Revenue shall doom expedicut, and from time to time, models of such further multiples and deoiuial parts of the said cubic foot as the Minister of Inland Revenue shall from time to time think necessary, shall be carefully made with proper balances, indices and apparatus for testing the measurement and registration of meters ; and such models shall be verified under the direction of the Minister of Inland Revenue, and when so made and verified, shall be deposited in the Department of Inland Revenue, and copies of the models so deposited, verified as aforesaid, shall bo used under such regulations as may be approved by the Governor in Council, for testing and veritying all meters used within the Dominion. Verification and depoait for use. Models of ap' paratuB for testing gas. Commence- ment of this Act. 4. Models of the apparatus described in Schedule A of this Act, for testing the illuminating power and purity of gas, shall also be procured, and after having been approved by the Minister of Inland Revenue, shall be deposited in the Department of Inland Revenue, and copies of the said models shall be used in the manner described in part two of the .said Schedule A, and in such further instructions, not inconsistent therewith, as may be from time to time directed by Departmental regulations, for testing the illuminating power and purity of gas. 5. So soon as the models and apparatus herein mentioned, have been obtained and approved, the Governor in Council may issue a proclamation, fixing a day, not less than six months from the date of such proclamation, upon which the provisions of this Act respecting inspection shall go into operation. I INSPECTORS AJ^D APPARATUS. Appointment 6. In eveiy city, town, village or place in Canada where gas is of Inspectors, j^ade for sale, one or more inspectors of gas and gas meters may be appointed by the Governor, whose duty shall be to have the custody of all measuring and testing apparatus and standards, and of all stamps and stamping apparatus supplied for use in the place for Avhich he is appointed, hereinafter referred to as his " district ;" Their duties, and the inspectors so appointed shall verify all gas meters, and test the purity of gas used in their respective districts, and shall stamp the meters when found correct, and grp^nt certificates as to the quality of the gas, in such manner and in such form as may be prescribed by regulations made under authority of this Act, and any such inspector may at all reasonable hours enter any place within his district where any meter is used for measuring gas delivered to a purchaser, for the purpose of inspecting the meter so used. pai^^ sucii How paid. 7. The inspectors appointed under this Act shall b allowances or salary for their services as may be, from time to time, ordered 1873. Tnspediov nf Qaa and Gas Meters. Chap. 48. 9 ordered by the Governor in Council, not exceeding wliat may bo voted by Parliament. 8. Inspectors of weights and measures, and other officers of who may be Inland Revenue, may bo appointed, and act as Gas Inspectors appointed, under this Act ; but no officer appointed under this Act shall be a maker or seller of gas oi gas meters, or employed by any maker or Proviso, seller of gas or gas meters ; nor shall any such officer repair or adjust any gas meter inspected or verified by him. 9. Every inspector appointed under this Act shall be supplied Standards. Ac by the Department of Inland Revenue, under such regulations as J^ ini"™ton* may be prescribed by the Minister of Inland Revenue, with the "'^*° °''' necessary apparatus for testing and verifying gas and gas meters, II which apparatus shall first be tested and verified by the primary ^^ models and apparatus established by authority of this Act. 10. Each inspector on appointment shall take an oath for the Inspectors^ faithful and impai-tial discharge of the duties assigned to him g^-rsecurity. before some justice of the peace, who shall give him a ceitificate, of his having done so, which shall be transmitted by him to the Minister of Inland Revenue, in whose office it shall be kept, and shall be furnislied with the necessary inspection standards, being copies duly authenticated, of the official standards and other apparatus ; he shall give bonds to an amount to be fixed by Order in Council for the safe custody and careful preservation of such standards and apparatus and for their deliveiy over to his sue cessor in the event of his resignation or removal from office, and for the due accounting for all moneys received by him in the exec tion of this Act. ic- ^ ad^X^ 1 1 . Once in every five years at the least, and whenever required Verification so to do l)y the commissioner of Inland Revenue, each inspector °^ StandardsJ shall })resent his inspection standards and other apparatus in his possession for the purpose of ascertaining and establishing their accuracy by comparison with the official standards, and shall obtain from the Commissioner a certificate of their accuracy. 1 2. No copy of the gas measuring models shall be legal that Re-verifica- lias not been verified or re-verified by the Department of Inland *'o° ^certain Revenue, within a period of ten years after the next preceding verification ; and no such copy, having been altered or re-adjusted after verification by the Department of Inland Revenue, shall be legal until re- verified by the said Department, VERIFYING AND TESTING METERS AND GAS. 1 3. After a period of six months from the day fixed by procla- Unverified mation as aforesaid, il; shall not be lawful to fix for use, any gas ™"**"™ ^^^*'«*^- meter whicli has not been provided. H. MeBsuring capacity of metura to Ihi marked on them. Chap. 48. Inapedim of Gaa and Oaa Metera. 3G Vict. 14. No meter for tho purpose of ascertaining tho quantity of gaa .sold, or lusod, sball be fixed for use aft(U- tlie expiration of six months after tho time lixed hy the proclamation giving cttect to this Act, unless the same shall have its measuring' capacity at one revolution or complete action of the meter, and also the quantity per hour it iy intenaed to measure in cubic feet or multiples or decimal jjarts of a cubic loot, conspicuuuKly marked on tho outside of f:uch meter in legible letters and figures. rflfghtTthev • * *■ "^^'^''^ ^^^ '"^^°^' ^° ^^^^^^ ^^^ verified shall bo marked »re to Hupply. ^^^^ ^^^ number of lights it is constructed to supply, each light being computed to consume five cubic feet of gas per hour, under a pressure equal to a column of water five-tenths of an inch high. Ee-verifici- tion. Munt have certain ((ualiticB. 16. No gas meter shall be used that has not been re-verified and re-stamped within a period of seven years. 1 7. No meter shall ho stamped which shall be found by the inspector to register, or to be capable of being made to register, quantities varying from the true staiidard measure of gas, more than three per cent in favour of tho seller, or four per cent in favour of the consumer. I howSited *.^- ^^^^. verification of each meter shall be attested by fixing • or impressing on some essential part thereof, a stamp or mark of such description and in such manner as may bo directed by regu- lations made by the Minister of Inland Revenue, and further by the granting of such certificate as aforesaid. t^oV'vf^''five 1 r^ui^*^ '''^*'''' "^'^^^ stamped under authority of tliis Act shall y«ar,s. be liable to be re-stamped within the period of five years from the tlien last verification or re-verification thereof, although the same he used in any other place than that at which it was originally stamped, but shall be considered as a legal meter throughout the Dominion, unless found to be incorrect under the meaning of this Act, or requiring re- verification by lapse of time as aforesaid. maytr«sed' ^^ ^""^^'^ Consumer of gas may purchase and use foi- the by consumers, measurement of the gas supplied to him, any meter duly verified and stamped under the authority of this Act, provided that the gas to be consumed in an hour shall not t xceed the quantity per hour the meter is intended to measure, and marked on the outside thereof, as herein provided. kJ^rthem in . 3 *' J^ ^""^^'^ ^^^®' *^^^ ^^^^^^ '1' of the meter, whether such owner repair. IS the buyer or seller of the gas for the measurement whereof the meter is used, shall keep every s.ich meter in good repair, and shall be rcs{)onsible for the due inspection thereof, and except as herein otherwise provided, shall pay the fee lawfully chargeable for such inspection, .and shall be liable for all penalties incurred in respect of such meter. 22. 187;?. Inapintion of Oas and Qas Meters. Chap. 48. 22. The verification and te8tin<^ of motors id gas shall bo per- Rulei for veri- fonncd in accordanco ^vith the provisions of this Act, and with *'*'***°°- such further regulations not inconsistent therewith as may be, from tune to time, made by the Governor in C'ouncil. 23. The following rules shall be observed by the inspector in The testing meters same. (1.) The wheolwork and other appliances whereby the regis- Accuracy of tering indices are moved shall bo verified in such manner as may wheel-work, be, from time to time, prcscribeil by regulations made by the "' Minister of Inland Revenue. I ft> 22. I.) The meter shall be tested for soundness or leakage only. For notind- and not for per centage of error, when fixed in a horizontal base "**"'• and with gas under a pressure equal to a column of water three inches high, and supplying a light or lights consuming not more than one-twentieth part of its measuring capacity per hour, marked thereon, nor less than one half ot a cubic foot per hour for all meters of a measuring capacity not exceeding one hundred cubic feet per hour, and not more than one fortieth paii of its said capacity per hour for all meters of any greater measuring capacity per hour than one hundred cubic feet ; and all meters found to work under such test, and none other, shall be deemed sound meters. (3.) _ The ineter to be tested for per centage of error shall be por per cent- fixed in a horizontal base, and shall be tested at a pressure equal age of error, to a column of water one inch high, and also under a pressure equal to a column of water five-tenths of an inch high, and passing the quantity of gas or atmospheric air per hour, which shall be marked thereon as its measuring capacity per hour; and the water used in such testing, and the air of the room in which, such testing is made, shall be as nearly as practicable of the same tem- perature as tile gas or air passed through the meter. 24. During the inspection of any meters, or the testiag of any Owner, &c., gas under the provisions of this Act, the owner of such meters, «iay be' pre-* or the manufacturer of such gas, and also the person to whom the gpection!^' gas is supplied, may be present, by himself or his agent, and at least twenty-four hours notice of such inspection shall be given by the inspector or person at whose request the inspection is made to the other party in the contract. 25. It shall be lawful for the inspector appointed under this inspector's Act, at the request (and expense) of any buyer or seller of gas power to enter who shall give twenty-four hours notice, in writing, to the other ^'i^P^'^^i^n- party to the contract, at all reasonable times to enter any house or shop, store, yard, or other place whatsoever within his district, where any meter, stamped or unstamped, is fixed or used and to rciuovu such meter, doing as little damage thereby as may be ; and V^ ™'**?r ^ if upon examination and testing it shall appear that any such corrwt."* meter DlhiMitcM bow Dottleil . Proviso. 6 Cha]). 48. Tvf^pMiov of Gnu and Oaf Metnu. Hf) Ytct. meter \h incowcct, or fVaiululcnt, such motor sliali nut l>o retixetl or UHcd ngain, unle88 and unti 1 altered and repaireci so as to measure and regintor conectly, and stamped. 26. In ca.sc of any dispute Lotwccn the biijor and .seller of gas, or lictwoen any owner ot a meter and the inHjieetor, reHpoeting the correctnes.s of such meters, the inspretor shall, if reciuired l>y ncnson.s ho disHatistied, give .such party his icasons/in writing, fur his deoi.slon, and the diasatisticd party ma> require such meter to 1)0 examined an« ;reeuient, or tor such of them as maker u th« si)ec.ni agreement, if any, that is to «"• say :— following, if there be no specinl a';T may V)e prescribed by the s])ec".n1 (a.) For testing the illuminating power of the gas supplied. {jj.) For testing the preuenco of sulphuretted hydrogen in the gas supplied. 2. 1h'! said apparatus shall bo in accordance with the regula- To be accord- tioitfi proscribed in Schedule A to this . ;t annexed, or according j,"*? *« S''''«- to,sucli riles as may, from time to time, be substituted in lieu thereof by v.>gulations under this Act, an-^' shall be so situated and ammged && to be conveniently used for the purpose of testing the illuminating power and purity of the gas supplied by the undertaker, a'.d the undertaker shall, at all times thereafter, keep and mantain sur^h testing place and apparatus in good repair and working order. 31. The inspector may test tho iliuniinatmg power and purity Time for test- ot the gas aupi)li3d by the undertaker on any or every day be- 'be- tween the hours of five o'clock and eight o'clock in the afternoon, from the lirst day of October to the thirty-first day of March, both' inclusive, and on any or cvfivy day between the hours of seven o'clock and ten o'clock ir the afternoon, from the first day of April to the thirtieth day of September, both inclusive. 32. The undertaker and purcha&er, or either of them, may have Parties may an agent present at the testing, but such agent shall not interfere be present, with tht operation of testing, which shall be conducted in accord- ance with the ruk \ prescribed in the Schedule A to this Act an- nexed, or in any regulations made under this Act. 33. The fees of the inspector shall be paid by the party re- FeeshowDaid. luinng the mspection ; but if the inspector finds and certifies that the gas inspected is inferior in quality to the standard or quality which the undertaker was bound to furnish to the purchaser, then the purcha.'ser, if he has required the inspection, may recover the fees so paid by him from the undert«,ker. 34. The inspector shall give to either the undertaker or pur- Certificate of chaser, or both, on payment of the proper fee, a certificate sta+ino- Inspection. and at whose instance, and any other particulars ' may right a Chap. 48. Inspection of Gas and Oaa Meters. 36 Viot ltd effect . right to insert for tho information and guidance of the parties con- cerned, and such certificate shall be prhnd facie evidence of the quality of the gas inspected, and shall bear an adhesive stamp or stamps representing the fee lawfully chargeable for such certificate. Fees how fixed and apijropri- ated. Payment of fees Ly •tamps. Preparation of stamps Accounts. FEES, STAaLPS AITD ACCOUNTS. 35. The feec for testing and stamping gas meters or for testing • the quality and purity of gas, shall be determined from time to time by the Governor in Council, and notified in the Canada Gazette, and such fees shall be regulated so that they will, as nearly as may be, meet the cost of carrying this Act into eflect ; and all fees received under this Act shall be accounted for and paid to the Receiver General, at such times and in such manner as the Minister of Inland Revenue may direct, and shall form part of the Consolidated Revenue Fund. 36. Such fees shall be paid at the time of the inspection, stamp- ing or verification, to the inspector, who shall affix to the certificate given by him, an adhesive stamp or stamps to the amount of such duty, and shall, at the time of affixing the same, write or stamp thereon the date at which it is affixed, and no certificate shall be valid or avail for any purpose whatsoever, unless the requisite stamps have been duly affixed thereto and cancelled, 37. The Governor in Council may, fi'om time to time direct, stamps to be prepared for tht purposes of this Act, and beaiing such device as he thinks proper, and may defray the cost thereol" out of any unappropriated moneys forming part of the Consoli- dated Revenue Fund. The device on such certificate stamp shall express the value thtireof, that is to say, the sum at which it shall be reckoned in payment of the fee hereby imposed. 38. Separate accounts shall be kept of all expeno .ture incurred and of all fees and duties collected and received under the autho- rity of this Act ; and a correct statement of the same up to the thirtieth day of June, then last past, shall be yearly laid before Parliament within the first fifteen days of the then next session thereof Punishment . for forging stamps for meters. Knowingly usii.g meter with forged stamp . PENALTIES. • 39. If any person makes, except under the authority of this Act, or forges, or counterfeits, or causes or procures to be made except as aforesaid, or forged or counterfeited, or knowinglj' acts' or assists in the making except as aforesaid, or forging or counter- feiting any stamp or mark which may be hereafter used for the stamping or marking of any meter under tliis Act, he shall, upon conviction, incur a penalty uot exceeding two hundre' dollara, nor less than fifty dollars ; and if any person knowinrlv sells yffai-g or disposes of, lots, lends or exposes to sale, any meter with such forged stamp or mark thereon, he shall, for every such offe.;3e, on conviction 1873. hiepection of Gas and Oas Meters. Chap. 48. I conviction, incur a penalty not exceeding two hundred dollars, nor lesB than twenty dollars ; and all meters ha^^ing on them such forged or counterfeited stamps or marks, shall be forfeited and destroyed. 40. Any person wLo knowingly repairs or alters, or causes to be And for repaired or altered, or knowingly tampers with or does any other [^^^Itfre'^' act in relation to any stamped meter, so as to cause such meter to &c., orob-' register unjustly, or who prevents or refuses lawful access to any a'^ti.'^n "^ ^^^^ meter in his possession or control, or interferes with or obstructs the supply of water necessary for the proper action of the meter, or obstructs or hinders any examination or testing authorised by this Act, shall, on conviction, incur a penalty not exceeding one hundred dollars, and pay the fees for removing and testing, and the expense of purchasing and fixing a new meter: Provided that Proviso, the payment of any such penalty as aforesaid shall not exempt the person paying it from liability to indictment or other proceed- ing at law to which he would otherwise be liable, or deprive any person of the right to recover damages against such person for any 4bss or injury sustained by such act or default. 41. Every person who, after the period fixed by proclamation, Fixing un- under authority of this Act, fixes for use, or causes to be fixed for ^*^™P«" ^^' use, any meter, before it has been verified and stamped as hf rein required, shall, on conviction, incur a penalty of twenty-five dollars for every such unverified or unstamped meter. 42. Any inspector who stamps any meter without duly testing Stamping in and finding the same to be correct, or w^ho refuses, or neglects, ^'^"*"^^ meter, for three days after being required under the provisions of this Act, without lawful excuse, to test any meter, or gas, or to stamp any meter found to be con-ect on being so tested, or who neglects to perform any duty imposed upon him hv tbis At or by any regulations made by authority thereof, shall incur a penalty not exceeding fifty dollars, and shall be liable to Jlismissal from oflBce. 43. Every person who forges or counterfeits, or causes or pro- f^^^^ °^^' cures to be forged or counterfeited, any certificate purporting to stamps. be granted under this Act, or any stamp which under this Act is to be affixed to any such cei"tificate, oi* wilfully uses any such counterfeited certificate or stamp knowing it to be forged or coun- terfeit, shall be deemed guilty of forgery and punishable accord- ingly ; and the stealing of any such stamps shall be larceny. 44. All penalties imposed by this Act, or by any regulation ^^^^^14?^ °* made under its authority, shall be recoverable, with costs, before ^^" any justice of the peace for the district, county, or place in v^hich the offence was committed, if the penalty does not exceed twenty dollars, and before any two such justices or any magistrate or functionary having the powers of two such justices, if the penalty exceeds twenty dollars, upon proof by coni'esstun, oi' ]>y the oath of one credible witness ; and may, if not foilhwith paid, be levied 2 by 10 If Appropria- tion. The same. Chap. 48. Inspection of Qa8 and Gas Meters. 36 Vict. by distress and sale of the goods and chattels of the offender bv warrant under the hand and seal of the justice, by whom klso any imprisonment to which the ofiender is liable may be awarded^ 3 One half of any penalty so recovered shall belong to the party suing for the same, not being the inspector or any officer acting in pursuance of this Act, and the other half shall belong to Mer Majesty, for the use of the Dominion, or • '• ^l ^^l P^?H^^ i" recovered by the inspector or deputy ZDom^'r^tn. "^""^ *' ^'' ^^''^'''^' ^'' '^' "^" ^^ W de"a?" deHvtril^^^fh