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Vol. 140, No. 39 — September 30, 2006 Regulations Amending the Electricity and Gas Inspection RegulationsStatutory authority Electricity and Gas Inspection Act Sponsoring department Department of Industry REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Regulations.) Description The Electricity and Gas Inspection Act (the Act) prescribes that a measuring device must be approved, verified, and sealed before it is put into service. A measuring device refers to a meter used by a contractor or purchaser for establishing the basis of a charge for electricity supplied. The intention of the requirements is to ensure a level of measurement accuracy and equity which is acceptable in Canada. An instrument transformer used in electricity meter installations is considered to be a meter, as defined in the Act. However, the Electricity and Gas Inspection Regulations (the Regulations) currently provide an exemption to instrument transformers from the statutory requirements for verification and sealing. The purpose of this proposed regulatory amendment is to clearly identify the type of instrument transformers that the exemption pertains to, those being instrument transformers which have fixed, non-adjustable accuracy characteristics. The amendment would allow instrument transformer designs which have performance characteristics that are capable of being calibrated to be excluded from the exemption established in the Regulations. The intention of this initiative is to ensure confidence that an acceptable level of measurement accuracy and equity is maintained regardless of design. Under the current regulatory requirements, instrument transformers are subject to evaluation requirements for pattern approval; however, they are exempt from the verification and sealing requirements established in the Act. Verification and sealing of meters is necessary due to the inherently adjustable or programmable nature of their accuracy characteristics. Accuracy characteristics directly impact the values of electrical power and energy consumption which are billed to consumers. Verification generally involves a comparison of the accuracy of a meter under test to the known accuracy of a certified and traceable test standard. Sealing is performed either physically or electronically and is a means to secure a meter so that access or changes to metrological adjustments and parameters are detectable. At the time of promulgation of the Act and Regulations, the design and construction of instrument transformers were limited in terms of technology. The physical design characteristics of conventional instrument transformers are such that they are physically unalterable under normal conditions of use. In the same regard, the accuracy characteristics of conventional instrument transformers are fixed and non-adjustable. Due to the non-adjustable accuracy characteristics and physical structure of conventional instrument transformers, requirements for verification and sealing were deemed unnecessary. New technology now makes it possible to design and construct instrument transformers in a fundamentally different manner from that which was in existence at the time that the exemption in the Regulations was promulgated. In particular, the design of electronic instrument transformers feature dynamic and adjustable accuracy characteristics which differ significantly from the fixed, non-adjustable accuracy characteristics of conventional instrument transformers. As such, the characteristics of electronic instrument transformers are effectively the same as those of meters which are currently regulated pursuant to subsection 9(1) of the Act, which requires that meters be subject to verification and sealing. Interest in the possibility of using electronic instrument transformers to establish the basis of a charge for electricity supplied has been expressed to Measurement Canada, and such a device has been submitted for assessment pursuant to the Act. The intent of this regulatory proposal is to minimize the risk of possible measurement inaccuracy. Verification and sealing of electronic instrument transformers is necessary due to the inherently adjustable or programmable nature of the device's accuracy characteristics. The proposed regulatory amendment will apply equally to all instrument transformers which are designed and constructed with adjustable or programmable calibration provisions and would clearly differentiate an adjustable/programmable instrument transformer from a fixed, non-adjustable instrument transformer. This will result in adjustable/programmable instrument transformers being subject to the same regulatory requirements as other measurement devices which have adjustable accuracy characteristics and provide assurance of measurement equity. Alternatives The alternative to the proposed regulatory change is to maintain the status quo. In that situation, adjustable/programmable instrument transformers would be exempt from the statutory requirement for verification and sealing of meters. However, it would result in measurement devices which have adjustable accuracy characteristics to be used without having been subject to a verification or reverification to confirm the accuracy. In addition, such measurement devices would not be subject to a means of securing the device, i.e. sealing, in a manner that would prevent undetectable access or changes to metrological adjustments and parameters. This situation would create a disparity as electronic instrument transformers would not be subject to the same regulations that are currently being applied to other adjustable or programmable measurement devices. There is no alternative to regulatory action since this initiative is intended to amend the existing Regulations. Benefits and costs The proposed amendment will benefit utilities and consumers where adjustable/programmable instrument transformers are used to establish the basis of a charge for electricity. In particular, the vulnerable parties (typically the purchaser) will derive the same benefits and level of confidence in the accuracy and equity of measurement that other electricity purchasers realize through the mandatory verification and sealing of measurement devices. The benefit is one of confidence that a measurement device has been subject to evaluation and complies with specified accuracy and security criteria. Additionally, it ensures that electricity measurement stakeholders are treated equally regardless of the type of meter employed. The costs of this regulatory amendment are minimal. The stakeholder costs associated with verification and sealing of this type of measurement device are only a small fraction of the cost of the device itself. The only costs to be incurred by the Department are costs associated with compliance and enforcement resources. In that respect, there are no quantifiable additional costs. Consultation Measurement Canada has performed consultations pertaining to this proposed regulatory amendment through its Web site and directly with stakeholders between May and July 2005. More than 40 utilities, 5 manufacturers, and 20 other groups including industry consultants, service providers, and consumers were contacted. The consultation provided background information, a description of the proposed Regulations, the rationale for the proposed changes, an overview of the impact, and an invitation for comments. No objections were filed in response. Moreover, Measurement Canada performed a major consultation initiative in recent years on a range of issues pertaining to the electricity measurement sector. The consultation dealt with programs that are in use or are needed for the testing and initial verification of new measuring devices, the reverification of existing measuring devices, as well as the traceable calibration of test equipment. More than 60 stakeholders and stakeholder groups were actively represented throughout the consultation meetings which took place between January 2000 and November 2001. Focus group consultation sessions were held in Toronto, Vancouver, Montréal, Halifax, and Calgary. Final stakeholder consensus consultation meetings were held in Ottawa and Montréal. Stakeholders include consumers and consumer associations, electricity utilities, meter manufacturers, service providers, industry associations, and provincial government representatives. The consultation documents were posted on the Measurement Canada Web site. While not specific to this proposed regulatory amendment, it can be generally stated that stakeholders, particularly consumers, overwhelmingly support regulatory intervention where measurement accuracy may potentially be compromised. Compliance and enforcement The proposed amendments will be enforced by Measurement Canada inspectors and officers and will not require the introduction of any new compliance or enforcement mechanisms. Mr. Gilles Vinet, Vice-President, Program Development Directorate, Measurement Canada, Industry Canada, Tunney's Pasture, Standards Building, Ottawa, Ontario K1A 0C9, 613-941-8918 (telephone), 613-952-1736 (fax), vinet.gilles@ic.gc.ca (email). Notice is hereby given, pursuant to subsection 28(2) of the Electricity and Gas Inspection Act, that the Governor in Council proposes, pursuant to subsection 28(1) (see footnote a) of that Act, to make the annexed Regulations Amending the Electricity and Gas Inspection Regulations. Interested persons may make representations with respect to the proposed Regulations within 75 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice and be addressed to Gilles Vinet, Vice-President, Program Development Directorate, Measurement Canada, Department of Industry, Tunney's Pasture, Standards Building, Ottawa, Ontario K1A 0C9 (tel.: 613-941-8918; fax: 613-952-1736; email: vinet.gilles@ic.gc.ca). Ottawa, September 21, 2006
MARY O'NEILL REGULATIONS AMENDING THE ELECTRICITY AND GAS INSPECTION REGULATIONS AMENDMENTS 1. Subsection 3(1) of the Electricity and Gas Inspection Regulations (see footnote 1) is replaced by the following: 3. (1) Instrument transformers that are designed and constructed to have fixed, non-adjustable accuracy characteristics are exempted from subsection 9(1) of the Act. 2. Item 4 of Part VIII of the schedule to the Regulations is replaced by the following:
COMING INTO FORCE 3. These Regulations come into force on the day on which they are registered. [39-1-o] S.C. 2001, c. 34, s. 39 SOR/86-131 |
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