D-10 - Gas Distribution Act

Replaced on 2 December 2003

This document has official status.

chapter D-10

Gas Distribution Act

Chapter D-10 is replaced by the Building Act (chapter B‐1.1). (1985, c. 34, s. 214).

1985, c. 34, s. 214.

1. In this Act, unless the context requires a different meaning, the following expressions have the meaning here given them, namely:

(a)  “apparatus” : any device, mechanism or instrument using gas to produce heat, light or power, including its connecting piping and its vent for carrying off the products of gas combustion;

(b)  “pipe” or “gas pipe” : any tubing or pipe used or intended for the conveyance or distribution of gas, except the connecting piping of an apparatus;

(c)  “consumer” : any person or partnership purchasing gas from a distributor;

(d)  “distributor” : any person operating an undertaking for the storage, conveyance, sale or distribution of gas in Québec in any capacity whatever;

(e)  “gas” : natural gas, manufactured gas, any variety or any mixture of either, liquefied petroleum gas or any mixture of liquefied petroleum gas and air, conveyed or distributed by tubing or otherwise;

(f)  “person” : besides its ordinary meaning, any partnership, syndicate or association;

(g)  “Board” : the Régie du bâtiment du Québec;

(h)  “regulation” : a regulation made under section 2 or section 3;

(i)  “distribution network” : the whole of the pipes, except those mentioned in paragraph k, and of the equipment, machines, structures, gasometers, meters and other devices and accessories installed in a given territory and used for the distribution of gas to consumers in such territory;

(j)  “conveyance system” : the whole of the pipes used for the conveyance of gas to the point of junction with a distribution network, including the equipment, machines, structures, gasometers, meters and other devices and accessories connected therewith;

(k)  “piping” : the whole of the gas pipes installed in, under and on the exterior face of a consumer’s house, works, building or other structure.

R. S. 1964, c. 88, s. 1; 1970, c. 26, s. 1; 1977, c. 5, s. 14; 1988, c. 23, s. 86; 1991, c. 74, s. 136; 1999, c. 40, s. 107.

2. The Board may make regulations respecting public safety and the prevention of accidents resulting from the conveyance, possession, distribution and use of gas in Québec.

Without restricting the scope of the aforesaid general regulatory power the Board may, in particular:

(a)  regulate the construction, repair, maintenance, replacement and inspection of any conveyance system, distribution network, pipe, apparatus and piping used for the conveyance, distribution and consumption of gas;

(b)  designate one or more organizations to test gas apparatus, to determine if it meets the conditions laid down by the Board and affix thereto their seal of approval if the test is satisfactory;

(c)  order that only gas apparatus approved by the Board or bearing the seal of approval of an organization referred to in the preceding paragraph may, from a specified date, be installed in Québec;

(d)  regulate the warehousing, storage, conveyance and handling of any gas otherwise than by means of pipes;

(e)  adopt in the premises any other measure calculated to contribute to public safety.

R. S. 1964, c. 88, s. 2.

3. The Board may also, by regulation, adopt and render obligatory, in whole or in part, with such changes as it deems expedient, any code or technical standard which it may deem appropriate and consistent with the public interest, respecting gas apparatus and gas conveyance systems or distribution networks.

The Board may exercise itself or delegate the exercise of the powers of approval contemplated by such codes or technical standards.

R. S. 1964, c. 88, s. 3.

4. The regulations made by the Board shall come into force only after they are authorized, with or without amendment, by the Government, and from their publication in the Gazette officielle du Québec, unless another date, specified in such publication, has been fixed for such purpose by the Government.

In the event of incompatibility between a provision of such regulation and a provision of a municipal by-law, the former shall prevail.

R. S. 1964, c. 88, s. 4; 1968, c. 23, s. 8.

5. It is forbidden for any person to install any gas apparatus not conforming to the requirements of the regulations.

R. S. 1964, c. 88, s. 5.

6. It is forbidden for any distributor to supply gas to a consumer to be used

(a)  by means of any apparatus installed in violation of section 5 or since become defective;

(b)  in a building whereof the piping, to the distributors’ knowledge, presents a risk of accident.

R. S. 1964, c. 88, s. 6.

7. No person shall install a gas apparatus without first informing the distributor concerned and advising him of the precise nature of the apparatus and the place where such installation is to be made.

R. S. 1964, c. 88, s. 7.

8. Any member or inspector of the Board, and any other person authorized by it, may, for the purposes of sections 2 to 7 and the regulations, inspect any conveyance system, distribution network, pipe, apparatus and piping used for the conveyance, distribution or consumption of gas and, for such purposes,

(a)  enter upon any land and into any structure on all days except holidays, between 8:00 a.m. and 6:00 p.m. and, in cases of emergency, at any time;

(b)  examine, test and verify any installation, apparatus and device hereinabove mentioned;

(c)  make any inquiry deemed necessary to satisfy himself as to the observance of this Act and the regulations.

R. S. 1964, c. 88, s. 8.

9. Sections 6, 9, 10, 11, 12, 13, 16 and 18 of the Act respecting public inquiry commissions (chapter C-37), except the power to order imprisonment, shall apply, with the necessary modifications, to inquiries held under this Act. If the investigator is not a member of the Board he must take the oath provided for by section 2 of the said act.

R. S. 1964, c. 88, s. 9; 1992, c. 61, s. 265.

10. The owner, lessee or occupant of any immoveable, as well as his agents and employees, must facilitate, by all reasonable means at their disposal, the exercise of the powers conferred upon every investigator by sections 8 and 9.

R. S. 1964, c. 88, s. 10.

11. The Board may give to any owner or operator of a conveyance system, or any distributor, any consumer, and to any owner of an immovable in which there is piping, as well as to any person in charge of the installation or repair of gas pipes, piping or apparatus, any order which it deems expedient for greater safety. Whosoever has received such an order must comply with it, failing which the Board may itself cause it to be carried out by any means at its disposal, including the demolition, removal, confiscation and replacement of such defective apparatus, installation or device, and may recover from the offender the amount of the expenses incurred by it, the whole without prejudice to any other recourse provided by this Act.

A person to whom such an order is notified without prior notice because, in the opinion of the Board, urgent action is required or there is a danger of irreparable damage being caused, may, within the time specified in the order, present observations so that the order may be reviewed by the Board.

R. S. 1964, c. 88, s. 11; 1970, c. 26, s. 2; 1997, c. 43, s. 225.

12. The Government, for the purposes of this act may,

(a)  appoint inspectors and other employees to form part of the regular staff of the Board, and authorize the Board to make use of the services of technicians and experts, and determine the remuneration of all;

(b)  make provision for the repayment, by the owners or operators of gas conveyance or distribution undertakings, or by both, of the expenses incurred by the Board in the carrying out of this act.

R. S. 1964, c. 88, s. 12.

13. Every owner or operator of a gas conveyance system or distribution network who infringes any provision of this Act or of a regulation, or any person who disobeys an order of the Board, shall be liable to a fine of not less than $1 400 nor more than $7 000 for the first offence and not less than $7 000 nor more than $35 225 in the case of a second or subsequent conviction.

Every other person who infringes any provision of this Act or a regulation or disobeys an order of the Board is liable to a fine of $325 to $700 for a first offence and to a fine of $700 to $1 400 in the case of a second or subsequent conviction.

R. S. 1964, c. 88, s. 13; 1986, c. 58, s. 33; 1990, c. 4, s. 387; 1991, c. 33, s. 36.

14. The provisions respecting the storage of gas shall apply subject to the Mining Act (chapter M-13.1).

1970, c. 26, s. 3; 1987, c. 64, s. 344.

14.1. The Minister of Labour is responsible for the administration of this Act.

1991, c. 74, s. 137; 1994, c. 12, s. 66; 1996, c. 29, s. 43.

15. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 88 of the Revised Statutes, 1964, in force on 31 December 1977, is repealed effective from the coming into force of chapter D-10 of the Revised Statutes.