Standards Regulations (N.S. Reg. 11/2011) (just regulations regs tsfuel.htm)
N.S. Reg. 11/2011
Nova Scotia — Regulations
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Fuel Safety Regulations
made under
Section 49 of the
Technical Safety Act
S.N.S. 2008, c. 10
O.I.C. 2011-28 (effective April 1, 2011), N.S. Reg. 11/2011
amended by O.I.C. 2022-71 (effective March 15, 2022), N.S. Reg. 41/2022
Table of Contents
Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
Click here to go to the text of the regulations .
Interpretation and Application
Citation
Definitions
Regulated products prescribed for gas and oil
Products exempted from Act and regulations
Regulated work prescribed for gas and oil
Work exempted from Act and regulations
Recognized certification organization prescribed
Duties and Responsibilities
Compliance audits
Special inspections
Converting appliance to alternate form of fuel
Notice of incident under
Section 13 of Act
Gas Appliances, Containers, Equipment and Installation
Certified gas appliance, container or equipment
FS standards and regulations for gas
Propane cylinder or pressure vessel requiring inspection and re-qualification
Damaged propane container
Prohibition against propane container on roof
Gas Permit and Registration
No gas installation or alteration without gas permit or gas registration
Gas permit required
Applying for gas permit
Costs of services in granting permit
Displaying gas permit while regulated work done
Expiry and renewal of gas permit
Gas permit non-transferable
Gas registration instead of gas permit
Filing for gas registration
New gas permit for transferring or reconnecting
Confirmation of gas registration
Expiry and renewal of gas registration
Displaying gas registration while work being done
Gas registration non-transferable
Tagging Gas Installations
Green tag system
No supply or connection to gas installation without completed green tag
Yellow tag system
Repair completed before yellow tag expires
Red tag system
No supplying to gas installation with red tag
No using gas regulated product with red tag attached
Removing red or yellow tag
Gas Business Licences
Gas business licence required
Producing gas business licence on request
Classes of gas business licences
Applying for gas business licence
Public liability insurance for gas business licence holders
Business installation inspection program
Displaying gas business licence at location
Expiry and renewal of gas business licence
Suspension of class 2A contractor gas business licence
Class 1 gas storage/distribution gas business licence
Class 2 contractor gas business licence
Class 2A contractor gas business licence
Class 3 industrial gas business licence
Class 4 natural gas dispensing station gas business licence
Gas Technician Licences
Gas technician licence required
Producing gas technician licence on request
Classes of gas technician licences
Class 3 gas technician licence
Trainee performing work of gas technician
Liquid propane endorsement
Applying for gas technician licence
Qualifications for gas technician licences
Producing gas technician licence on request
Expiry and renewal of gas technician licence
Gas technician licence non-transferable
Regulated work authorized to be performed by gas technician 3
Regulated work authorized to be performed by gas technician 2
Regulated work authorized to be performed by gas technician 1
Gas Operator Licences
Gas operator licence required
Gas technician or trainee performing work of gas operator
Applicability of FS fees
Classes of gas operator licences
Regulated work authorized by classes of gas operator licences
Applying for gas operator licence
Producing gas operator licence on request
Expiry and renewal of gas operator licence
Gas operator licence non-transferable
Gas Operator Certificates of Competency
Classes of gas operator certificate of competency
Applying for gas operator certificate of competency
Expiry of gas operator certificate of competency
Suspension of gas operator certificate of competency
Gas operator certificate of competency non-transferable
Training required for gas operator certificate of competency examination
Practical experience required for gas operator certificate of competency
examination
Applying to write examination for gas operator certificate of competency
Examination for gas operator certificate of competency
Re-examination
Oil Appliances, Supply Tanks, Equipment and Installation
Certified oil appliance, supply tank or equipment
FS standards and regulations for oil
Oil installation compliance inspection
Oil Burner Technician Licences
Oil burner technician licence required
Certificates of qualification continued under
Section 52 of the Act
Trainee performing work of oil burner technician
Applying for oil burner technician licence
Producing oil burner technician licence on request
Expiry and renewal of oil burner technician licence
Oil burner technician licence non-transferable
Other Jurisdictions
Recognition of authorization from other jurisdictions or organizations
Offences
Fraudulent use of authorization
False statements
Incompetence or gross negligence
Safety and flame safeguard controls
Interpretation and Application
Citation
1 These regulations may be cited as the Fuel Safety Regulations .
Definitions
(1) In these regulations,
“Act” means the Technical Safety Act ;
“appliance” means a device that uses gas or oil for fuel to provide service to the
user of the device;
“apprentice” means
(
i) an apprentice as defined in the Apprenticeship and Trades
Qualifications Act who is enrolled in an apprenticeship program
under that Act to qualify for a certificate of qualification as either
(
A) a gasfitter, as defined in the Gasfitter Trade Regulations , or
(
B) an oil heat system technician as defined in the Oil Heat System
Technician Trade Regulations , or
(ii) an individual registered as an apprentice in another jurisdiction in
Canada who is temporarily obtaining apprenticeship training
including work experience in the Province and is recognized by the
Nova Scotia Apprenticeship Agency as being equivalent to an
apprentice in the Province in either of the following designated
trades:
(
A) the gasfitter trade, as defined in the Gasfitter Trade
Regulations , or
(
B) the oil heat system technician trade, as defined in the Oil Heat
System Technician Trade Regulations ;
“apprenticeship identification card” means
(
i) an identity card issued under the Apprenticeship and Trades
Qualifications Act General Regulations to an apprentice under the
Apprenticeship and Trades Qualifications Act , or
(ii) identification similar to that referred to in subclause (
i) that is issued
to an apprentice in subclause (ii) of the definition of “apprentice” by
the jurisdiction in which they are registered as an apprentice;
“business installation inspection program” means an audit inspection program for
gas installations and alterations that is created and implemented by a class 2A
contractor gas business licence holder to provide reasonable verification that the
regulated work meets the requirements of the FS standards, and that is approved by
the FS chief inspector;
“BTU/hr” means British thermal units per hour;
“certified”, in relation to an appliance, container, supply tank or equipment, means
that the appliance, container, supply tank or equipment has received either
(
i) certification under
Section 25 of the Act, shown by the certification
mark issued by the recognized certification organization and
displayed on the appliance, container, supply tank or equipment, or
(ii) field certification.
“certified conversion kit” means an assembly of parts with detailed conversion
instructions, certified by a recognized certification organization and used for the
conversion of an appliance from one form of fuel to another;
“complete and legible rating plate” means a plate, label or mark bearing an
appliance rating as defined in the FS standard applicable to that appliance, and
includes a recognized certification organization label or mark;
“container” means a cylinder or a tank used to store or supply propane or natural
gas;
“direct supervision” means
(
i) in relation to a trainee who is not an apprentice, that the trainee is
supervised by a licensed individual who
(
A) is physically at the property,
(
B) has control over the trainee’s activities,
(
C) instructs and directs the trainee, and
(
D) is in direct communication with the trainee when the trainee is
performing the duties of a licence holder, or
(ii) in relation to a trainee who is an apprentice, that the trainee is under
the direct supervision of a licensed journeyperson in accordance with
Section 3 of the Apprenticeship and Trades Qualifications Act
General Regulations ;
“dispensing unit” means a facility for filling propane containers that uses storage
tanks with an aggregate capacity of 5000 USWG or less, and includes a facility
commonly known to the propane industry as a service station;
“equipment” means the accessories necessary to provide gas or oil for an appliance
or to process the gas or oil for use in an appliance, and includes any item that
contains or processes the gas or oil to make it suitable or available for use in an
appliance;
“equipment failure” means any unplanned interruption or variance from the
specifications for equipment that results in the equipment no longer being available
for use or requiring repair or replacement;
“field certification” means certification of a regulated product for use at a specific
site in accordance with subsection 12(3);
“FS certificate of competency” means a certificate of competency granted to an
individual under
Section 26 of the Act by the FS chief inspector in recognition of
the individual’s qualifications to perform the regulated work specified in the
certificate of competency;
“FS chief inspector” means the inspector designated as the chief inspector for the
purposes of the Act and these regulations;
“FS fees” means the fees for fuel safety services set by the Minister in the
Technical Safety Fees Regulations made under the Act;
“FS inspector” means an inspector designated for the purposes of the Act and these
regulations;
“FS standards” means the standards for fuel safety established or adopted by the
Minister in the Technical Safety Standards Regulations made under the Act;
“gas” means gas as defined in the FS standards and includes digester gas and
landfill gas;
“gas business licence” means a licence granted to a person under
Section 23 of the
Act that authorizes the person to perform the regulated work in
Section 39 as
specified in the licence;
“gas operator” means an individual who holds a gas operator licence;
“gas operator licence” means a licence granted to an individual under
Section 23 of
the Act that authorizes the individual to perform the regulated work of a gas
operator in
Section 66 and 70 as specified in the licence;
“gas permit” means a permit granted to a person under
Section 24 of the Act by the
FS chief inspector that authorizes the person to perform the regulated work of
installing or altering a regulated product under
Section 18 as specified in the
permit;
“gas registration” means a registration accepted by an FS inspector under
Section
22 of the Act to perform the regulated work of installing or altering a regulated
product under
Section 24 as specified in the registration;
“gas technician” means an individual who holds a gas technician licence;
“gas technician licence” means a licence granted to an individual under
Section 23
of the Act that authorizes the individual to perform the regulated work of a gas
technician in Sections 63 to 65 as specified in the licence, and includes any liquid
propane endorsement endorsed on the licence;
“gas supplier” means a person who delivers propane or natural gas to an
installation and is the owner of the propane storage containers or natural gas
distribution system for the installation;
“gas technician 1” means an individual who holds a class 1 gas technician licence;
“gas technician 2” means an individual who holds a class 2 gas technician licence;
“gas technician 3” means an individual who holds a class 3 gas technician licence;
“liquid propane endorsement” means an authorization granted to an individual
under
Section 22 of the Act by the FS chief inspector, and endorsed on a class 1
gas technician licence or class 2 gas technician licence, that authorizes the
individual to perform regulated work with liquid propane as specified by the
endorsement;
“oil” means a hydrocarbon fuel oil as defined in the FS standards;
“oil burner technician” means an individual who holds an oil burner technician
licence;
“oil burner technician licence” means a licence granted to an individual under
Section 23 of the Act that authorizes the individual to perform the regulated work
of an oil burner technician in
Section 88 as specified in the licence;
“piping system” means an arrangement of regulators, piping or tubing, valves and
any other items required by the FS standards to transfer gas or oil from the supply
to the end-use appliance or equipment;
“propane” means a material that is composed predominantly of propane and may
contain small amounts of any of the following:
(
i) propylene,
(ii) normal butane,
(iii) isobutane hydrocarbons,
(iv) butylene hydrocarbons
(
v) a mixture of isobutane hydrocarbons and butylene hydrocarbons;
“propane plant” means a place with a storage capacity of greater than 5000 USWG
where propane is stored in large containers and from which smaller containers and
delivery vehicles are filled for distribution to dealers and consumers;
“sell” includes to offer for sale, lease, rent, display and advertise;
“supervision” means supervision by an individual who is able to be immediately
contacted by the individual requiring supervision;
“trainee” means an individual who is in a training program and actively pursuing
an FS certificate of competency required to perform regulated work and includes
an apprentice;
“USWG” means United States water gallons;
“valve train” means a combination of valves, controls, piping or tubing for an oil-burning appliance that are located upstream from the supply system and that
control the supply of fuel oil to the appliance.
(2) A term defined in
Section 2 of the Technical Safety General Regulations made
under the Act has the same meaning when used in these regulations.
(3) A reference in these regulations to any of the following regulations is a reference to
the regulations as made under the Apprenticeship and Trades Qualifications Act :
(
a) Apprenticeship and Trades Qualifications Act General Regulations ;
(
b) Construction Electrician Trade Regulations ;
(
c) Gasfitter Trade Regulations ;
(
d) Oil Heat System Technician Trade Regulations ;
(
e) Plumber Trade Regulations ;
(
f) Refrigeration and Air Conditioning Mechanic Trade Regulations .
Regulated products prescribed for gas and oil
(1) Except as provided in
Section 4, all of the following are prescribed as regulated
products for gas under the Act and these regulations:
(
a) an appliance, container, dispensing unit, equipment or piping system for
gas;
(
b) a propane plant;
(
c) a propane storage facility;
(
d) a propane distribution facility;
(
e) a natural gas vehicle refueling facility;
(
f) natural gas cylinder filling station.
(2) Appliances, supply tanks, equipment and piping systems for oil are all prescribed
as regulated products for oil under the Act and these regulations.
Products exempted from Act and regulations
4 All of the following products are exempt under subsection 6(2) of the Act from the Act
and these regulations:
(
a) a gas delivery system, as defined in the Gas Distribution Act , that is
constructed or operated under a franchise granted under that Act;
(
b) a pipeline, as defined in the Pipeline Act ;
(
c) a gas plant facility, as defined in the Gas Plant Facility Regulations made
under the Pipeline Act and the Energy Resources Conservation Act ;
(
d) a marine or pipeline terminal;
(
e) a petroleum refinery;
(
f) gas used as a feedstock in a chemical plant.
Regulated work prescribed for gas and oil
(1) All of the following are prescribed as regulated work for gas under the Act and
these regulations:
(
a) work or duties of a gas technician, as set out in Sections 63 to 65;
(
b) work or duties of a gas operator, as set out in Sections 66 to 70;
(
c) operating a gas storage or gas distribution business;
(
d) installing, repairing, servicing or maintaining gas appliances, containers,
equipment or piping systems;
(
e) operating a natural gas vehicle refueling or cylinder filling station;
(
f) activities described under a class of gas business licence in
Section 39.
(2) The work and duties of an oil burner technician are prescribed as regulated work
for oil under the Act and these regulations.
Work exempted from Act and regulations
6 All of the following work is exempt under subsection 6(2) of the Act from the Act and
these regulations:
(
a) the storage or handling of liquified natural gas;
(
b) the storage or handling of underground reservoirs for natural gas.
Recognized certification organization prescribed
7 A certified organization recognized or accredited by the Standards Council of Canada is
prescribed as a recognized certification organization under the Act and these regulations
for the purposes that the certification organization is recognized or accredited by the
Standards Council of Canada.
Duties and Responsibilities
Compliance audits
8 A person must make any information requested by an FS inspector available for review
for a compliance audit, including all of the following:
(
a) any information related to the use of a regulated product;
(
b) evidence or records of an approved business installation inspection program
or any other information related to implementing or operating a business
installation inspection program;
(
c) evidence or records related to an FS certificate of competency, gas
technician licence, liquid propane endorsement, gas operator licence, gas
business licence, gas permit, gas registration or oil burner technician licence;
(
d) records related to an oil installation compliance inspection required by
Section 87.
Special inspections
(1) An FS inspector may conduct a special inspection upon request or if the inspector
decides it is warranted after monitoring or a compliance audit by the FS inspector.
(2) An FS inspector may charge the applicable FS fees for a special inspection under
subsection (1).
Converting appliance to alternate form of fuel
(1) Except as provided in this Section, a person must not convert a new appliance
from one type of fuel to another without a certified conversion kit.
(2) The certification of any existing appliance that is converted other than as permitted
in this
Section is void, and installing, selling or using the appliance is prohibited.
(3) A certified commercial appliance, with a complete and legible rating plate, may be
converted to use an alternate gas by a method approved by the FS chief inspector.
(4) A person may convert an existing certified in-service boiler using the procedures
approved by the FS chief inspector for a conversion if 1 of the following applies:
(
a) the manufacturer does not make a certified gas conversion burner;
(
b) the manufacturer is no longer in business and the installer wants to install a
burner that is not tested and certified for use in the particular boiler.
Notice of incident under
Section 13 of Act
11 The notice of an incident required under
Section 13 of the Act involving a regulated
product, including any of the following types of incidents, must be given by telephone,
fax or e-mail no later than 24 hours after the incident occurred and must be followed by
a written report if required by the Administrator or the Administrator’s designate:
(
a) a gas explosion;
(
b) a leak;
(
c) a fire;
(
d) an accident;
(
e) equipment failure on a propane-transporting vehicle;
(
f) oil equipment failure.
Gas Appliances, Containers, Equipment and Installation
Certified gas appliance, container or equipment
(1) A person must not sell, install, use, repair, service or maintain a gas appliance,
container or equipment, unless it is certified.
(2) Except as provided in subsection (3), a gas appliance, container or equipment that
does not bear a certification mark from a recognized certification organization is
deemed to be not certified unless the contrary is proven.
(3) If there is no recognized standard for a gas appliance, container or equipment, it
may be field-certified for the site where it is located by a recognized certification
organization approved by the FS chief inspector if it conforms with the FS
standards or an equivalent standard.
(4) A field certification is valid only while the appliance, container or equipment
remains on the site for which it is field-certified.
(5) An appliance, a container or equipment for gas is not, or ceases to be, certified in
any of the following circumstances:
(
a) it is used for a purpose other than the purpose it was certified for;
(
b) it is altered by the addition of a device or attachment;
(
c) it is deteriorated to an extent that is likely to impair its safe operation;
(
d) it is likely that it cannot be operated safely because of any of the following:
(
i) the condition of the piping, tubing or hoses,
(ii) products of combustion may be vented,
(iii) there is an insufficient supply of air for combustion,
(iv) there is not enough clearance from adjacent combustible matter;
(
e) it does not meet the requirements of these regulations.
FS standards and regulations for gas
(1) An owner of a regulated product for gas must ensure that the regulated product is
in conformance with the FS standards and these regulations.
(2) Any person performing the regulated work of installing or altering a regulated
product for gas or performing other regulated work for gas must not perform the
regulated work contrary to FS standards and these regulations.
(3) A person must not order or permit another person to perform the regulated work of
installing or altering a regulated product for gas or to perform other regulated work
for gas contrary to the FS standards and these regulations.
Propane cylinder or pressure vessel requiring inspection and re-qualification
(1) A person must not use, install or deliver gas to a propane cylinder or a pressure
vessel with a water capacity of 1000 lbs. or less if the cylinder or pressure vessel is
due for inspection and re-qualification as required by the FS standards.
(2) A propane cylinder or pressure vessel that is due for inspection and re-qualification
must be inspected and re-qualified by an inspector who is certified for that purpose
by the federal Department of Transport before it is used, installed or has gas
delivered to it.
Damaged propane container
(1) A person must not use, install or deliver gas to a propane container that shows
signs of corrosion or has dents, bulges or other damage.
(2) A propane container that is damaged must be repaired and re-qualified to comply
with the FS standards before it is used, installed or has gas delivered to it.
Prohibition against propane container on roof
16 A person must not permanently install a propane container on the roof of a building or
structure or allow a propane container to remain permanently installed on the roof of a
building or structure.
Gas Permit and Registration
No gas installation or alteration without gas permit or gas registration
17 A person must not order or permit another person to begin a gas installation or alteration
referred to in
Section 18 or 24 unless a gas permit or gas registration as required by those
Sections has been granted for the gas installation or alteration.
Gas permit required
18 Except as provided in
Section 24, a person must obtain a gas permit to perform the
regulated work of installing or altering any of the following regulated products:
(
a) a propane storage container or gas piping system that supplies gas to an
end-use appliance or equipment or an account takeover;
(
b) storage or transfer equipment in a propane plant or dispensing unit;
(
c) gas-processing or gas-utilizing equipment at a digester gas or landfill gas
facility;
(
d) a propane cylinder storage location other than an exchange cylinder location
for cylinders of 9 kg (20 lbs.) or less;
(
e) a natural gas vehicle refueling station;
(
f) a gas appliance, container or equipment;
(
g) foundation and supports for a vertical propane tank or for a horizontal tank
with a capacity of greater than 1700 USWG.
Applying for gas permit
(1) A holder of a gas business licence may apply for a gas permit by submitting a
completed application form, together with all of the following:
(
a) payment of the applicable FS fees;
(
b) the applicant’s gas business licence number;
(
c) written description of the regulated work to be done;
(
d) except as provided in subsection (3), plans and specifications in a form
acceptable to the FS chief inspector.
(2) Only a gas business licence holder may be granted a gas permit.
(3) Plans and specifications referred to in clause (1)(
d) are not required for a gas
permit for gas installation or alteration that meets all of the following criteria:
(
a) it has a total load of 3 million BTU/hr or less;
(
b) it uses only certified gas appliances, containers and equipment.
(4) The FS chief inspector may impose any terms or conditions on a gas permit that
the FS chief inspector considers necessary.
Costs of services in granting permit
20 An applicant for a gas permit must pay all costs for any engineering, consulting or other
services incurred by the Department during the process of reviewing their gas permit
application, if the applicant consents to the services before they are carried out.
Displaying gas permit while regulated work done
21 While regulated work is being done, a gas permit holder must display the gas permit for
the regulated work at the site where it is being done.
Expiry and renewal of gas permit
(1) A gas permit is valid until the expiry date specified on the permit unless it is
suspended or revoked earlier by the FS chief inspector.
(2) A holder of a gas permit that has expired or will soon expire may reapply for a gas
permit under
Section 19 by submitting their gas permit number and any
information required by that
Section as determined by the FS chief inspector.
Gas permit non-transferable
23 A gas permit is not transferable and may only be used by the gas business holder who is
granted the permit.
Gas registration instead of gas permit
24 Instead of applying for a gas permit under
Section 19, a gas business licence holder may
apply for a gas registration for a gas installation or an alteration of a gas installation, if
the installation is 1 of the following:
(
a) an installation with a total input load of 400 000 BTU/hr or less that
includes only certified gas appliances, containers and equipment;
(
b) retail cylinder exchange cabinets for propane cylinders with a propane
capacity of 9 kg (20 lbs.) or less.
Filing for gas registration
(1) A gas business licence holder may file a gas registration permitted under
Section
24 by submitting a completed application together with all of the following to
Service Nova Scotia and Internal Services:
(
a) payment of the applicable FS fees;
(
b) the applicant’s gas business licence number;
(
c) a written description of the regulated work to be done.
(2) Only a gas business licence holder may be granted a gas registration.
(3) A person must not file an application to register a gas installation or alteration of a
gas installation that requires a gas permit under
Section 18.
New gas permit for transferring or reconnecting
(1) A gas appliance or piping system that has been disconnected from a gas supply for
longer than 30 days is deemed to be a new installation and requires a new gas
permit to perform the regulated work of reconnecting it.
(2) A gas appliance or system that is taken over by another fuel supplier is deemed to
be a new installation and requires a new gas permit or gas registration.
Confirmation of gas registration
(1) If an FS inspector accepts a gas business licence holder’s filing to register under
Section 25, the gas registration is complete and the FS inspector must issue a
confirmation notice to the gas business licence holder.
(2) An FS inspector may impose any terms or conditions on a gas registration that the
included in the confirmation notice.
Expiry and renewal of gas registration
28 A gas registration is valid from the date the confirmation notice is issued until the expiry
date specified on the confirmation notice unless it is suspended or revoked earlier by the
FS chief inspector.
Displaying gas registration while work being done
29 While regulated work is being done, a gas registration holder must display the gas
registration for the regulated work at the site where the regulated work is being done.
Gas registration non-transferable
(1) A gas registration is not transferable and may be used only by the gas business
licence holder who is granted the registration.
(2) A holder of a gas registration that has expired or will soon expire may re-file for a
gas registration under
Section 25 by submitting their gas registration number and
any information required by that
Section as determined by the FS chief inspector.
Tagging Gas Installations
Green tag system
(1) After a gas appliance, container or piping system is installed and is in compliance
with the FS standards and these regulations, but before it is charged with gas, the
gas technician 1, gas technician 2 or class G gas operator licence holder who is
responsible for completing the installation must do all of the following:
(
a) fill in, sign and post a green tag at the following location immediately after
the work is completed:
(
i) for a gas installation located inside a building, at the interior entry
point of the gas piping system into the building,
(ii) for a gas installation located outdoors, at or near the meter or second
stage regulator;
(
b) send a copy of the green tag posted under clause (
a) to the gas supplier for
the gas appliance, container or piping system no later than 7 days after the
date the work is completed.
(2) A green tag posted for a gas appliance, container or piping system must include all
of the following information:
(
a) the civic address of the premises where the gas appliance, container or
piping system is situated;
(
b) the number of the gas permit or gas registration granted for the installation;
(
c) the total system BTU/hr load of the gas appliance, container or piping
system;
(
d) a statement that the installation complies with the FS standards and these
regulations;
(
e) the date the installation work was completed and the green tag attached;
(
f) the licence number of the person responsible for completing the installation
and the type and class of licence held by them;
(
g) the name and licence number of the gas business licence holder responsible
for the installation;
(
h) the licence number and class of licence held by the gas technician 1 or gas
technician 2 who performed the verification required by
Section 32 before
supplying fuel to the installation.
(3) A gas technician who performs a verification and signs a green tag under
Section
32 must not be the same person as the person who fills in, posts and signs the
green tag under subsection (1) unless both of the following conditions are met:
(
a) the installation is an installation listed in
Section 24 for which a gas
registration is granted;
(
b) the company responsible for the installation holds a class 2A contractor gas
business licence.
No supply or connection to gas installation without completed green tag
(1) A gas supplier must not supply or connect gas to a gas installation until the
supplier does all of the following:
(
a) verifies that there is a completed green tag posted for the installation;
(
b) verifies that the installation complies with the FS standards and these
regulations.
(2) This
Section does not remove or diminish any of the responsibilities of the person
responsible for attaching a green installation tag to a gas installation under
Section
Yellow tag system
(1) A gas technician 1, gas technician 2, class G gas operator licence holder, gas
supplier or FS inspector who reasonably believes that a gas appliance, container or
piping system is a potential hazard to life or safety must do all of the following:
(
a) fill in, sign and attach a yellow tag to the gas appliance, container or piping
system;
(
b) notify an FS inspector by phone, fax or e-mail no later than 24 hours after
attaching the yellow tag under clause (a);
(
c) send a copy of the yellow tag attached under clause (
a) to both of the
following:
(
i) an FS inspector,
(ii) the gas supplier for the gas appliance, container or piping system.
(2) A yellow tag attached to a gas appliance, container or piping system must include
all of the following information:
(
a) the civic address of the premises where the gas appliance, container or
piping system is situated;
(
b) the number of any gas permit or gas registration granted for the gas
appliance, container or piping system;
(
c) a statement of the problem or hazard identified;
(
d) the date the yellow tag was attached;
(
e) the following information about the individual who attached the tag:
(
i) if the individual is a licence holder, their licence number and the type
and class of licence held by them,
(ii) if the individual is an FS inspector or gas supplier, their name;
(
f) the yellow tag’s expiry date, determined in accordance with subsection (4).
(3) A person who attaches a yellow tag to a gas appliance, container or piping system
must not shut off the gas fuel source.
(4) A yellow tag expires 30 days after the date it is attached.
Repair completed before yellow tag expires
(1) A repair that is required to correct a problem or hazard indicated on a yellow tag
must be completed on or before the tag’s expiry date.
(2) If the problem or hazard identified on a yellow tag is not corrected by the tag’s
expiry date, the gas supplier for the gas appliance, container or piping system must
attach a red tag to the gas appliance, container or piping system in accordance with
Section 35.
Red tag system
(1) A gas technician 1, gas technician 2, class G gas operator licence holder or FS
inspector must attach a red tag to a gas appliance, container or piping system in all
of the following circumstances:
(
a) the appliance, container or piping system is removed from service;
(
b) a yellow tag attached to the appliance, container or piping system is expired;
(
c) the person considers the appliance, container or piping system to be any of
the following:
(
i) in an unacceptable condition,
(ii) unsafe,
(iii) an imminent hazard to life or property.
(2) In addition to attaching a red tag under subsection (1), a person who attaches a red
tag to a gas appliance, container or piping system must do all of the following:
(
a) notify an FS inspector by phone, fax or e-mail no later than 24 hours after
attaching the red tag under clause (a);
(
b) send a copy of the red tag attached under clause (
a) to both of the following:
(
i) the FS chief inspector,
(ii) the gas supplier for the gas appliance, container or piping system.
(3) A red tag must be signed by the person who attaches it under subsection (1) and
must include all of the information required to be included on a yellow tag in
clauses 33(2)(
a) to (e), with the necessary changes in detail.
(4) A person who attaches a red tag to a gas appliance, container or piping system
must shut off the gas fuel source.
No supplying to gas installation with red tag
36 A person, other than 1 of the following persons responsible for making a gas appliance,
container or piping system comply with these regulations and the FS standards, must not
knowingly supply gas to a gas appliance, container or piping system that has a red tag
attached:
(
a) a gas technician 1;
(
b) a gas technician 2;
(
c) a class G gas operator licence holder.
No using gas regulated product with red tag attached
37 A person must not use a gas appliance, container or piping system that has a red tag
attached.
Removing red or yellow tag
(1) A person other than 1 of the following must not remove a red tag or yellow tag that
is attached to a gas appliance, container or piping system:
(
a) an FS inspector;
(
b) a gas technician 1;
(
c) a gas technician 2;
(
d) a class G gas operator licence holder.
(2) A person must first verify that the problem or hazard indicated on an attached
yellow tag or red tag is corrected before removing it, and then must do all of the
following:
(
a) write all of the following on the tag:
(
i) their name,
(ii) their licence number and the type and class of licence they hold,
(iii) the date and time the tag was removed;
(
b) send a copy of the removed tag to the FS chief inspector;
(
c) notify the gas supplier for the gas appliance, container or piping system.
Gas Business Licences
Gas business licence required
39 A person must hold a gas business licence to perform or to employ a person to perform
any of the following regulated work:
(
a) operating a storage or distribution business;
(
b) operating a business installing, repairing, servicing or maintaining gas
appliances, containers, equipment or piping systems;
(
c) operating a natural gas vehicle refueling station business or a natural gas
cylinder filling station business;
(
d) carrying out work described under Sections 48 to 52 for a class of gas
business licence.
Producing gas business licence on request
(1) A person operating a gas business must produce their gas business licence for
review when requested by an FS inspector.
(2) Failing to produce a gas business licence when requested by an FS inspector is
prima facie evidence that the person does not hold a gas business licence.
Classes of gas business licences
41 The 5 classes of gas business licences are as follows:
(
a) class 1 gas storage/distribution gas business licence;
(
b) class 2 contractor gas business licence;
(
c) class 2A contractor gas business licence;
(
d) class 3 industrial gas business licence;
(
e) class 4 natural gas dispensing station gas business licence.
Applying for gas business licence
(1) A person may apply to the FS chief inspector for a specified class of gas business
licence by submitting a completed application form together with all of the
following:
(
a) payment of the applicable FS fees;
(
b) proof of the applicant’s identity, including all of the following for the
applicant:
(
i) name,
(ii) mailing address,
(iii) civic address, if different from the mailing address;
(
c) for an applicant that is a corporate body, all of the following for the
corporation:
(
i) the full corporate name,
(ii) the registered agent,
(iii) a list of the officers;
(
d) a list of the names and licence numbers of all gas operators or gas
technicians employed by the applicant;
(
e) proof of public liability insurance required by
Section 43;
(
f) for an application for any of the following licences, the civic address and
location where the regulated work is to be performed:
(
i) a class 1 gas storage/distribution gas business licence,
(ii) a class 3 industrial gas business licence,
(iii) a class 4 natural gas dispensing station gas business licence.
(2) The FS chief inspector may impose any terms or conditions on a gas business
licence that the FS chief inspector considers necessary.
Public liability insurance for gas business licence holders
43 A gas business licence holder must hold public liability insurance in the amount of
$2 000 000 or such other amount the FS chief inspector considers appropriate under
special circumstances.
Business installation inspection program
(1) In addition to the requirements in
Section 42, a person applying for a class 2A
contractor gas business licence must also submit the details of their business
installation inspection program for approval by the FS chief inspector.
(2) A class 2A contractor gas business licence holder must follow their business
installation inspection program as approved by the FS chief inspector.
(3) The FS chief inspector may revoke a class 2A contractor gas business licence if the
licence holder does not comply with subsection (2).
Displaying gas business licence at location
45 A gas business licence holder must display the gas business licence for the regulated
work at the location of the regulated work or at another location approved by the FS
chief inspector.
Expiry and renewal of gas business licence
(1) A gas business licence is valid until the expiry date specified on the gas business
licence unless it is suspended or revoked earlier by the FS chief inspector.
(2) A holder of a gas business licence that has expired may reapply for a gas business
licence under
Section 42 by submitting their gas business licence number and any
information required by that Sections as determined by the FS chief inspector, and
complying with
Section 44, if applicable.
Suspension of class 2A contractor gas business licence
(1) The FS chief inspector may suspend a class 2A contractor gas business licence if
an FS inspector finds on inspection that the licence holder violated any of the
following twice within a 6-month period:
(
a) the Act;
(
b) the regulations;
(
c) the FS standards;
(
d) a term or condition of a licence, permit or registration;
(
e) an order of an FS inspector.
(2) A suspension of a class 2A contractor gas business licence under subsection
(1) continues until the FS chief inspector lifts the suspension and notifies the gas
business licence holder.
(3) The FS chief inspector may grant a replacement class 2 contractor gas business
licence to a person whose licence is suspended under subsection (2), subject to any
Class 1 gas storage/distribution gas business licence
(1) A person who holds a class 1 gas storage/distribution gas business licence may
operate any of the following at the location specified on their licence:
(
a) a propane plant;
(
b) a propane dispensing unit for filling portable cash-and-carry type cylinders
and motive fuel or recreational vehicle containers permanently mounted on
vehicles;
(
c) a business transporting propane in bulk or cylinders;
(
d) a gas storage facility to sell or exchange gas only, other than cylinders with
a propane capacity of 20 lb[s]. or less.
(2) A class 1 gas storage/distribution gas business licence holder may only perform the
regulated work at the location specified on their licence.
(3) A class 1 gas storage/distribution gas business licence holder may apply to the FS
chief inspector to change the location for regulated work specified on their licence.
Class 2 contractor gas business licence
49 A person who holds a class 2 contractor gas business licence may do any of the
following:
(
a) transport propane in containers for the purposes of making installations;
(
b) install gas appliances, equipment and piping systems;
(
c) repair, service and maintain gas appliances, containers, equipment and
piping systems.
Class 2A contractor gas business licence
50 A person who holds a class 2A contractor gas business licence may do any of the
following:
(
a) any of the activities listed in
Section 49 for a class 2 contractor gas business
licence;
(
b) attach single-signature green tags on installations that have been granted a
gas registration.
Class 3 industrial gas business licence
(1) A person who holds a class 3 industrial gas business licence may do any of the
following at the location specified on their licence:
(
a) repair, service and maintain industrial gas-fired appliances and equipment
on the premises of the licence holder;
(
b) repair, service and maintain propane motive fuel systems on off-highway
vehicles operated by the licence holder;
(
c) operate a propane dispensing unit for filling cylinders used only by the
licence holder.
(2) A class 3 industrial gas business licence holder may perform the regulated work
only at the location specified on their licence.
Class 4 natural gas dispensing station gas business licence
(1) A person who holds a class 4 natural gas dispensing station gas business licence
may operate any of the following as a business at the location specified on their
licence:
(
a) a natural gas vehicle refuelling station of any size;
(
b) a natural gas cylinder filling station of any size.
(2) A class 4 natural gas dispensing station business licence holder may perform the
regulated work only at the location specified on their licence.
Gas Technician Licences
Gas technician licence required
(1) A person other than a trainee must not perform the regulated work of a gas
technician unless the person holds a class of gas technician licence, and any
necessary liquid propane endorsement, that authorizes the person to perform the
regulated work.
(2) The FS chief inspector may only grant a gas technician licence in accordance with
the qualification requirements in
Section 59.
Producing gas technician licence on request
(1) A person performing the duties of a gas technician must produce the following
when requested by an FS inspector:
(
a) their gas technician licence and any liquid propane endorsement required;
(
b) their apprenticeship identification card.
(2) Failing to produce a gas technician licence, liquid propane endorsement or
apprenticeship identification card is prima facie evidence that the person does not
hold the document requested.
Classes of gas technician licences
55 The 3 classes of gas technician licences are as follows:
(
a) class 1 gas technician licence;
(
b) class 2 gas technician licence;
(
c) class 3 gas technician licence.
Class 3 gas technician licence
55A
(1) Effective on and after March 31, 2022, no new class 3 gas technician licences may
be issued by the FS chief inspector.
(2) Despite subsection (1), the FS chief inspector may renew or reinstate a class 3 gas
technician licence that was issued before March 31, 2022.
Trainee performing work of gas technician
(1) A trainee is not required to hold the applicable class of gas technician licence
required to perform regulated work if all of the following conditions are met:
(
a) the trainee is under the direct supervision of a licensed individual at all
times;
(
b) any regulated work performed by the trainee is within the scope of the class
of gas technician licence held by the supervising licensed individual;
(
c) the trainee complies with all the other requirements of the Act and these
regulations;
(
d) if the trainee is not an apprentice, the trainee is enrolled in a training
program approved by the FS chief inspector in accordance with subsection
(4).
(2) [repealed]
(3) [repealed]
(4) A gas business licence holder must submit a training program to the FS chief
inspector for approval for any trainee who is not an apprentice.
Liquid propane endorsement
(1) An individual’s gas technician licence must be endorsed with a liquid propane
endorsement to perform regulated work with liquid propane.
(2) The FS chief inspector may endorse a class 1 gas technician licence or class 2 gas
technician licence with a liquid propane endorsement, if the licence holder meets 1
of the following qualifications:
(
a) they have completed a course of liquid propane training and an examination
approved by the FS chief inspector;
(
b) they are applying for a class 1 gas technician licence and have a previous
liquid propane endorsement on their class 2 gas technician licence.
Applying for gas technician licence
58 An individual may apply for a specified class of gas technician licence with or without a
liquid propane endorsement by submitting a completed application form together with all
of the following to the FS chief inspector:
(
a) payment of the applicable FS fees;
(
b) proof of the applicant’s identity;
(
c) the class of gas technician licence sought;
(
d) proof satisfactory to the FS chief inspector that the applicant meets the
qualifications in
Section 59;
(
e) information about the individual’s training, experience and qualifications
other than those required by
Section 59;
(
f) whether a liquid propane endorsement is sought and proof satisfactory to the
FS chief inspector that the applicant meets the requirements of subsection
57(2).
Qualifications for gas technician licences
(1) Except as provided in subsection (2), an applicant for a class of gas technician
licence must hold one of the following qualifications:
(
a) for a class 1 gas technician licence, a certificate of qualification as a
Gasfitter A under the Gasfitter Trade Regulations ;
(
b) for a class 2 gas technician licence, a certificate of qualification as a
Gasfitter B under the Gasfitter Trade Regulations .
(2) The FS chief inspector may accept the successful completion of a prior learning
assessment as equivalent to a class of gasfitter certificate of qualification if the FS
chief inspector considers it warranted.
Producing gas technician licence on request
(1) A person conducting the work of a gas technician must produce their gas
technician licence for review when requested by an FS inspector.
(2) Failing to produce a gas technician licence when requested by an FS inspector is
prima facie evidence that the person does not hold a gas technician licence.
Expiry and renewal of gas technician licence
(1) A gas technician licence is valid until the expiry date specified on the licence
unless it is suspended or revoked earlier by the FS chief inspector.
(2) Subject to subsection (3), for licences expired for longer than 2 years, an individual
may apply for renewal or reinstatement of their gas technician licence in the same
manner as applying for a licence under
Section 58.
(3) To reapply for reinstatement of a gas technician licence, and any liquid propane
endorsement on the licence, that has been expired for longer than 2 consecutive
years, an individual may be required by the FS chief inspector to be re-evaluated as
approved by the FS chief inspector before applying for reinstatement under
Section
Gas technician licence non-transferable
62 A gas technician licence is not transferrable and may be used only by the individual who
is granted the licence.
Regulated work authorized to be performed by gas technician 3
(1) Under the supervision of a gas technician 2 or gas technician 1, a gas technician 3
may perform regulated work with respect to a gas appliance with an input of
400 000 BTU/hr or less as set out in the following table:
Regulated Product
Regulated Work
Limitations on Work
piping or tubing or
component in piping or
tubing system to appliance
downstream of natural gas
meter or propane vapour
service valve up to appliance
isolation valve
install, test, reactivate or
remove
size of piping or tubing must
be 61 mm (2 NPS) or smaller
previously installed or
previously converted
appliance
reactivate
water piping
disconnect and reconnect as
necessary to exchange,
service or install appliance
and carry out replacement
necessary to complete re-connection of controls and
components forming part of
appliance
must not alter, remove, repair
or replace cross-connection
control devices or perform
additional plumbing work
without valid certificate of
qualification in the plumber
trade under the Plumber
Trade Regulations
any appliance
clean or lubricate
vent connector, venting or
draft control device
clean, remove or replace
existing propane supply
container
transport and exchange
container must have a
capacity of 125 USWG or
less
(2) A gas technician 3 may perform the regulated work of a gas operator as permitted
Section 67.
(3) A gas technician 3 must be under direct supervision of gas technician 1 or gas
technician 2 to perform the following regulated work:
(
a) install, service, convert or activate a gas appliance with an input of 400 000
BTU/hr or less;
(
b) install a new propane supply container;
(
c) exchange an existing propane supply container that has a capacity of more
than 125 USWG capacity.
(4) A gas technician 3 must not perform the initial activation of a new or newly
converted gas appliance.
Regulated work authorized to be performed by gas technician 2
64 In addition to the regulated work authorized in
Section 63 for a gas technician 3, a gas
technician 2 may perform regulated work with respect to a gas appliance with an input of
400 000 BTU/hr or less as set out in the following table:
Regulated Product
Regulated Work
Limitations on Work
appliance or equipment
essential to operation of
appliance
install, change, activate,
purge, service, repair or
remove
piping or tubing, or
component in piping or
tubing system, to appliance
downstream of natural gas
meter
as for gas technician 3, plus
activate
size of piping or tubing must
be 61 mm (2 NPS) or smaller
piping or tubing, or
component in piping or
tubing system, to appliance of
propane system
install, inspect, test, activate,
purge, service, repair, perform
maintenance on or remove
size of piping or tubing must
be 61 mm (2 NPS) or smaller
vent connector, venting or
draft control device
as for gas technician 3, plus
install, inspect, service, repair
vent or any component in
gas-fired appliance venting
system
install, inspect, service,
remove, repair or replace
water piping
as for gas technician 3
as for gas technician 3
mechanical or electrical
component or equipment that
is part of appliance or
essential to operation of
appliance
perform maintenance on,
service or replace
components and accessories
forming part of gas-side of
refrigerating or air
conditioning unit
install, service, remove or
replace
must not perform additional
work beyond gas-side of
appliance without valid
certificate of qualification in
the refrigeration and air
conditioning mechanic trade
under the Refrigeration and
Air Conditioning Mechanic
Trade Regulations
electrical supply wiring
disconnect and reconnect to
exchange, service or repair
appliance and carry out
replacement necessary to
complete re-connection of
controls and components
forming part of appliance
must not run wiring back to
panel or perform additional
electrical work related to
wiring of appliance without
valid certificate of
qualification in the
construction electrician trade
under the Construction
Electrician Trade
Regulations
Regulated work authorized to be performed by gas technician 1
65 In addition to the regulated work authorized in
Section 64 for a gas technician 2, a gas
technician 1 may perform regulated work with respect to any gas appliance as set out in
the following table:
Regulated Product
Regulated Work
Limitations on Work
appliance or equipment
essential to operation of
appliance
as for gas technician 2, plus
inspect and test
piping or tubing, or
component in piping or
tubing system, to appliance
downstream of natural gas
meter
as for gas technician 2, plus
activate
piping or tubing, or
component in a piping or
tubing system, to
propane-fired appliance or
propane system
as for gas technician 2, plus
install or remove propane
supply container
vent, vent connector, venting
or draft control device or
other component in gas-fired
appliance venting system
as for gas technician 2
water piping
as for gas technician 2
as for gas technician 2
mechanical or electrical
component or equipment that
is part of appliance or
essential to operation of
appliance
as for gas technician 2
components and equipment
forming part of gas-side of
refrigerating or air
conditioning unit
as for gas technician 2
as for gas technician 2
electrical supply wiring
as for gas technician 2
as for gas technician 2
Gas Operator Licences
Gas operator licence required
66 A person, other than a trainee or a gas technician under
Section 67, must hold a class of
gas operator licence that authorizes them to perform the regulated work of a gas operator,
including all of the following:
(
a) repairing, servicing or maintaining a gas appliance, container or piping
system in-house in an industrial setting;
(
b) repairing, servicing or maintaining a propane appliance, container or piping
system in a recreational vehicle;
(
c) transporting propane in portable containers for distribution;
(
d) operating a tank truck or cargo liner transporting propane;
(
e) operating a propane plant;
(
f) operating a propane dispensing unit;
(
g) installing or servicing a propane or natural gas motive fuel system in an
off-highway vehicle;
(
h) installing a gas piping system.
Gas technician or trainee performing work of gas operator
(1) A gas technician, or a trainee who is a gasfitter apprentice and is under the direct
supervision of a gas technician, may perform the regulated work of a gas operator
in clauses 66(a), (b), (
c) and (
h) without the applicable class of gas operator licence
authorizing the work.
(2) A trainee is not required to hold the applicable class of gas operator licence
required to perform the regulated work of a gas operator in clauses 66(c), (
d) and
(
e) if all of the following conditions are met:
(
a) the trainee is under the direct supervision of a licensed individual at all
times;
(
b) any regulated work performed by the trainee is within the scope of the class
of gas operator licence held by the supervising licensed individual;
(
c) the trainee complies with all the other requirements of the Act and these
regulations;
(
d) if the trainee is not an apprentice, the trainee is enrolled in a training
program approved by the FS chief inspector in accordance with subsection
(3).
(3) A gas business licence holder must submit a training program to the FS chief
inspector for approval for any trainee who is not an apprentice.
Applicability of FS fees
68 The examination and training requirements for a class of FS certificate of competency or
gas operator licence and payment of the FS fees apply to a trainee.
Classes of gas operator licences
69 The classes of gas operator licences are as follows:
(
a) class B gas operator licence;
(
b) class C gas operator licence;
(
c) class D gas operator licence;
(
d) class E gas operator licence;
(
e) class F gas operator licence;
(
f) class G, which is subdivided into the following sub-classes of licence:
(
i) G-1 gas operator licence,
(ii) G-2 gas operator licence,
(iii) G-3 gas operator licence,
(iv) G-4 gas operator licence,
(
v) G-5 gas operator licence,
(vi) G-6 gas operator licence,
(vii) G-7 gas operator licence.
Regulated work authorized by classes of gas operator licences
70 A person who holds a gas operator licence may perform the regulated work that
corresponds to the class of licence held as set out in the following table:
Class of Gas Operator
Licence
Regulated Work
class B
operate a bulk propane plant
class C
transport propane in portable containers
class D
operate a tank truck transporting propane
class E
operate a cargo liner transporting propane
class F
operate a propane dispensing unit
class G
install, repair, service or maintain a gas appliance, container
or piping system as permitted by the sub-class
subclasses:
G-1
restricted to installing, repairing, servicing and maintaining
propane systems for recreational vehicles and mobile homes
G-2
restricted to installing, repairing, servicing and maintaining
propane-fired construction heaters and portable cylinders,
excluding supply tanks and building piping
G-3
restricted to repairing, servicing and maintaining
propane-fired domestic barbeque grills
G-4
restricted to repairing, servicing and maintaining industrial
in-house gas-fired appliances and equipment at the location
designated on the certificate, and not including installation or
any change to the installed system
G-5
restricted to repairing, servicing and maintaining systems in
which liquid propane is used as a motive fuel to power
off-highway vehicles, and includes converting the systems
G-6
restricted to repairing, servicing and maintaining systems in
which natural gas is used as a motive fuel to power
off-highway vehicles, and includes converting the systems
G-7
restricted to installing uncharged gas piping systems of any
size from the outlet of the meter or second stage regulator to
the last shut-off valve, including the burner manifold
Applying for gas operator licence
(1) An individual may apply for a gas operator licence by submitting a completed
application form together with all of the following to the FS chief inspector:
(
a) payment of the applicable FS fees;
(
b) proof of the applicant’s identity;
(
c) the class of gas operator licence applied for;
(
d) proof satisfactory to the FS chief inspector that the applicant holds a class of
gas operator certificate of competency that corresponds to the class of gas
operator licence applied for.
(2) The FS chief inspector may impose any terms or conditions on a gas operator
licence that the FS chief inspector considers necessary.
Producing gas operator licence on request
(1) A person performing the regulated work of a gas operator must produce their gas
operator licence when requested by an FS inspector.
(2) Failing to produce a gas operator licence when requested by an FS inspector is
prima facie evidence that the person does not hold a gas operator licence.
Expiry and renewal of gas operator licence
(1) A gas operator licence is valid until the expiry date specified on the licence unless
it is suspended or revoked earlier by the FS chief inspector.
(2) Subject to subsection (3) for licences expired for longer than 4 years, an individual
may apply for renewal or reinstatement of their gas operator licence in the same
manner as applying for a licence under
Section 71.
(3) To reapply for reinstatement of a gas operator licence that has been expired for
longer than 4 consecutive years, an individual may be required by the FS chief
inspector to be re-evaluated as approved by the FS chief inspector before applying
for reinstatement under
Section 71.
Gas operator licence non-transferable
74 A gas operator licence is not transferrable and may be used only by the individual who is
granted the licence.
Gas Operator Certificates of Competency
Classes of gas operator certificate of competency
75 The classes of gas operator certificates of competency are as follows:
(
a) class B gas operator certificate of competency;
(
b) class C gas operator certificate of competency;
(
c) class D gas operator certificate of competency;
(
d) class E gas operator certificate of competency;
(
e) class F gas operator certificate of competency;
(
f) class G gas operator certificate of competency.
Applying for gas operator certificate of competency
(1) An individual may apply for a class of gas operator certificate of competency by
submitting a completed application form together with all of the following to the
FS chief inspector:
(
a) payment of the applicable FS fees;
(
b) proof of the applicant’s identity;
(
c) the class of gas operator certificate of competency applied for;
(
d) proof satisfactory to the FS chief inspector that the applicant has
successfully completed all examinations required for class of gas operator
certificate of competency applied for.
certificate of competency that the FS chief inspector considers necessary.
Expiry of gas operator certificate of competency
77 A gas operator certificate of competency is valid unless it is suspended or revoked by the
FS chief inspector.
Suspension of gas operator certificate of competency
78 In addition to the general powers of the Act, the FS chief inspector may revoke or cancel
a gas operator certificate of competency that the FS chief inspector is satisfied was
granted on the basis of incorrect or false information.
Gas operator certificate of competency non-transferable
79 A gas operator certificate of competency is not transferrable and may be used only by the
individual who is granted the certificate of competency.
Training required for gas operator certificate of competency examination
80 An individual must complete an applicable training course approved by the FS chief
inspector to be eligible to take an examination for a gas operator certificate of
competency.
Practical experience required for gas operator certificate of competency examination
(1) To be eligible to take an examination for a gas operator certificate of competency,
an applicant must complete the following practical experience requirements:
(
a) for a class B gas operator certificate of competency, at least 30 working
days of practical experience assisting in the operation of a bulk propane
plant under the direct supervision of a class B gas operator licence holder;
(
b) for a class D gas operator certificate of competency, at least 30 working
days of practical experience on a propane tank truck under the direct
supervision of a class D gas operator licence holder completed during the 12
months immediately before the date the applicant applies to be examined for
the certificate;
(
c) for a class E gas operator certificate of competency, at least 30 working days
of practical experience on propane cargo liners under the direct supervision
of a class E gas operator licence holder completed during the 12 months
immediately before the date the applicant applies to be examined for the
certificate.
(2) An applicant for a class E gas operator certificate of competency must hold a class
1 driver’s licence issued under the Motor Vehicle Act .
Applying to write examination for gas operator certificate of competency
82 An individual may apply to take an examination leading to a class of gas operator
certificate of competency by submitting a completed application form together with all of
the following to the FS chief inspector:
(
a) payment of the applicable FS fees;
(
b) proof of the applicant’s identity;
(
c) the examination requested, including the class of gas operator certificate of
competency the examination is leading toward;
(
d) proof satisfactory to the FS chief inspector that the applicant has completed
the training required by
Section 80;
(
e) proof satisfactory to the FS chief inspector that the applicant meets the
practical experience requirements in
Section 81 for the class of gas operator
certificate of competency applied for, including verification of their
experience from the gas operator who was responsible for their direct
supervision.
Examination for gas operator certificate of competency
(1) A candidate for a class of gas operator certificate of competency must be examined
by 1 of the following:
(
a) the FS chief inspector;
(
b) a person or accredited body acceptable to the FS chief inspector.
(2) The passing grade for an examination leading to a gas operator certificate of
competency is 70%.
Re-examination
(1) Except as provided in subsection (2), no sooner than 60 days after the date of an
examination, an individual who failed the examination may apply in writing to the
FS chief inspector to retake the examination.
(2) An individual who fails an examination 3 or more consecutive times cannot apply
to retake the same examination for at least 6 months from the date they last took
the examination.
Oil Appliances, Supply Tanks, Equipment and Installation
Certified oil appliance, supply tank or equipment
(1) A person must not sell, install, use, repair, service or maintain an oil appliance,
supply tank or equipment, unless it is certified.
(2) An oil appliance, supply tank or equipment that does not bear a certification mark
from a recognized certification organization is deemed to be not certified unless the
contrary is proven.
(3) An oil appliance, supply tank or equipment is not, or ceases to be, certified in any
of the following circumstances:
(
a) it is used for a purpose other than the purpose it was certified for;
(
b) it is altered by the addition of a device or attachment;
(
c) it is deteriorated to an extent that is likely to impair its safe operation;
(
d) it is likely that it cannot be operated safely because of any of the following:
(
i) the condition of the piping, tubing or hoses,
(ii) products of combustion may be vented,
(iii) there is an insufficient supply of air for combustion,
(iv) there is not enough clearance from adjacent combustible matter;
(
e) it does not meet the requirements of these regulations.
FS standards and regulations for oil
(1) A person must not perform the regulated work of installing or altering a regulated
product for oil or performing regulated work for oil contrary to the FS standards
and these regulations.
(2) A person must not order or permit a person to perform the regulated work of
installing or altering a regulated product for oil or to perform regulated work for oil
contrary to the FS standards and these regulations.
Oil installation compliance inspection
(1) An oil supplier must inspect and verify that an oil installation complies with the FS
standards and these regulations by performing an inspection before initially
supplying oil to the installation.
(2) An oil supplier must make a record of each compliance inspection they perform
and keep the record for at least 2 years from the date oil was initially supplied to
the installation.
Oil Burner Technician Licences
Oil burner technician licence required
(1) Except as provided in subsection (2) and Sections 89 and 90, a person must hold
an oil burner technician licence to perform the following regulated work:
(
a) installing, repairing or maintaining an oil burner that uses a grade of oil up
to and including grade No. 2 oil, or waste oil or bio-fuels for producing heat
in a residential, commercial or industrial application;
(
b) venting exhaust gases to a chimney or flue, together with draft regulators
and controls;
(
c) wiring control components and connecting power from a power supply that
is fed from a furnace emergency shut-off switch and installed within 2 m of
an oil burner.
(2) An employee of a facility is not required to hold an oil burner technician licence
while performing any of the following work under the direction of the facility’s
chief power engineer, if the chief power engineer and the employee both have
training on the maintenance and adjustment of the oil burners:
(
a) oil burner cleaning;
(
b) fuel filter cleaning;
(
c) making a minor burner adjustment required for the normal operation of an
oil burner.
(3) In this Section, “chief power engineer” means a chief power engineer as defined in
the Power Engineers Regulations made under the Act.
Certificates of qualification continued under
Section 52 of the Act
89 An individual whose certificate of qualification as an oil heat system technician has been
continued under subsection 52(1) of the Act is not required to hold a licence under these
regulations to perform the same regulated work, but must apply for an oil burner
technician licence under
Section 91 before their certificate expires in order to continue to
be authorized to perform that regulated work after the expiry date on their certificate of
qualification.
Trainee performing work of oil burner technician
90 A trainee who is an apprentice in the oil heat system technician trade apprenticeship
program under the Oil Heat System Technician Trade Regulations is not required to hold
an oil burner technician licence to perform the regulated work under
Section 88 if all the
following conditions are met:
(
a) the trainee is under the direct supervision of an oil burner technician at all
times;
(
b) the regulated work performed by the trainee is within the scope of the oil
burner technician licence held by the supervising licensed individual;
(
c) the trainee complies with all the other requirements of the Act and these
regulations.
Applying for oil burner technician licence
(1) An individual may apply for an oil burner technician licence by submitting a
completed application together with all of the following to the FS chief inspector:
(
a) payment of the applicable FS fees;
(
b) proof of the applicant’s identity;
(
c) proof satisfactory to the FS chief inspector that the applicant either
(
i) holds a certificate of qualification as an oil heat system technician
under the Oil Heat System Technician Trade Regulations , or
(ii) has successfully completed a learning assessment acceptable to the
FS chief inspector.
(2) The FS chief inspector may impose any terms or conditions on an oil burner
technician licence that the FS chief inspector considers necessary.
Producing oil burner technician licence on request
(1) A person performing the regulated work of an oil burner technician must produce
their licence or their apprenticeship identification card when requested by an FS
inspector.
(2) Failing to produce an oil burner technician licence or an apprenticeship
identification card when requested by an FS inspector is prima facie evidence that
the person does not hold the document requested.
Expiry and renewal of oil burner technician licence
(1) An oil burner technician licence is valid until the expiry date specified on the
licence unless it is suspended or revoked earlier by the FS chief inspector.
(2) Subject to subsection (3) for licences expired for longer than 4 years, an individual
may apply for renewal or reinstatement of their oil burner technician licence in the
same manner as applying for a licence under
Section 91.
(3) To apply for reinstatement of an oil burner technician licence that has been expired
for longer than 4 consecutive years, an individual may be required by the FS chief
inspector to be re-evaluated as approved by the FS chief inspector before applying
for reinstatement under
Section 91.
Oil burner technician licence non-transferable
94 An oil burner technician licence is not transferrable and may be used only by the
individual who is granted the licence.
Other Jurisdictions
Recognition of authorization from other jurisdictions or organizations
(1) The FS chief inspector may grant a gas technician licence with or without a liquid
propane endorsement, a gas operator licence or an oil burner technician licence to
an individual who applies under these regulations and meets all of the following
qualifications:
(
a) they have either
(
i) a valid authorization that is sufficiently equivalent to the FS
certificate of competency or licence applied for under these
regulations, or
(ii) a prior learning assessment approved by the FS chief inspector as
required by subsection (2);
(
b) they have experience and qualifications that are sufficiently equivalent to the
requirements in these regulations for the licence applied for.
(2) The FS chief inspector may require an applicant from a jurisdiction where gas
technicians, gas operators or oil burner technicians are not granted certificates of
qualification, certificates of competency, licences or endorsement to undergo a
prior learning assessment to establish that the applicant’s experience and
qualifications are sufficiently equivalent to the requirements for the licence applied
for under these regulations.
(3) An applicant in subsection (2) may also be eligible for the associated class of FS
certificate of competency if the prior learning assessment establishes the
applicant’s experience and qualifications are sufficiently equivalent.
Offences
Fraudulent use of authorization
96 A person must not make fraudulent use of an FS certificate of competency, licence,
permit or registration under these regulations.
False statements
97 A person must not make a false statement in an application for an FS certificate of
competency, licence, permit or registration under these regulations.
Incompetence or gross negligence
98 A person who holds an FS certificate of competency, licence, permit or registration
under these regulations must not act incompetently or with gross negligence when acting
under the authority of their certificate of competency, licence, permit or registration.
registration.
Safety and flame safeguard controls
100 An oil burner technician must not make any safety or flame safeguard control
inoperative.
Legislative History
Reference Tables
Fuel Safety Regulations
N.S. Reg.
11/2011
Technical Safety Act
Note: The
information in these tables does not form part of the regulations and is
compiled by the Office of the Registrar of Regulations for reference only.
Source Law
The current consolidation of the Fuel Safety Regulations made under the Technical Safety Act includes all of the following regulations:
N.S.
Regulation
In force
date*
How in force
Royal Gazette
Part II Issue
11/2011
Apr 1, 2011
date specified
Feb 11, 2011
41/2022
Mar 15, 2022
date specified
Mar 25, 2022
The following regulations are not yet in force and
are not included in the current consolidation:
N.S.
Regulation
In force
date*
How in force
Royal Gazette
Part II Issue
*See subsection 3(6) of the Regulations Act for
rules about in force dates of regulations.
Amendments by Provision
ad. = added
am. = amended
fc. = fee change
ra. = reassigned
rep. = repealed
rs . = repealed and substituted
Provision affected
How affected
2(1), defn . of “apprentice” ...............
rs . 41/2022
2(1), defn . of
“apprenticeship identification card” .........................
rs . 41/2022
2(1), defn . of “certified
conversion kit” ........................................................
am. 41/2022
2(1), defn . of “direct
supervision” ....
rs . 41/2022
2(1), defn . of “trainee” .....................
rs . 41/2022
2(2) ...................................................
am. 41/2022
2(3) ...................................................
ad. 41/2022
8(c) ...................................................
am. 41/2022
13(2) .................................................
am. 41/2022
25(1) .................................................
am. 41/2022
39 ......................................................
ra. from 39(1) 41/2022
39(1) ............................................
ra. as 39 41/2022
55A ...................................................
ad. 41/2022
56(1)(a) .............................................
rs . 41/2022
56(1)(b) .............................................
am. 41/2022
56(1)(d) .............................................
rs . 41/2022
56(2)-(3) ...........................................
rep. 41/2022
56(4) .................................................
am. 41/2022
59(1) .................................................
rs . 41/2022
59(2) .................................................
am. 41/2022
60(2) .................................................
am. 41/2022
63(1), table .......................................
am. 41/2022
64, table ............................................
am. 41/2022
65, table ............................................
am. 41/2022
67(1) .................................................
am. 41/2022
67(2) .................................................
am. 41/2022
67(2)(a)-(b) ..................................
am. 41/2022
67(2)(d) .......................................
rs . 41/2022
67(3) .................................................
am. 41/2022
72(2) .................................................
ra. from 72(5) 41/2022
72(5) .................................................
ra. as 72(2) 41/2022
83(2) .................................................
am. 41/2022
84(1) .................................................
am. 41/2022
88(1)(a) .............................................
am. 41/2022
90 ......................................................
rs . 41/2022
91(1)(c)( i ) .........................................
am. 41/2022
92(2) .................................................
am. 41/2022
96-98 .................................................
am. 41/2022
Note that changes to headings are not included
in the above table.
Editorial Notes and Corrections
Note
Effective
date
The reference to the Department of Service Nova Scotia
and Municipal Relations in subsection 25(1) should be read as a reference to
the Office of Service Nova Scotia in accordance with Order in Council 2014-71
under the Public Service Act , R.S.N.S. 1989, c. 376.
April 1, 2014
The reference to the Department of Service Nova Scotia
and Municipal Relations in subsection 25(1) should be read as a reference to
the Department of Service Nova Scotia and Internal Services in accordance
with Order in Council 2019-149 under the Public Service Act , R.S.N.S.
1989, c. 376.
Jun 3, 2019
Repealed and Superseded
N.S.
Regulation
Title
In force
date
Repealed
date
12/1976
regulations respecting the sale, installation and
maintenance of equipment or appliances using flammable liquids or gases as
fuels
Feb 10, 1976
Nov 30, 1999
38/1978
regulations respecting liquefied petroleum gas
installation and equipment
Feb 21, 1978
Nov 30, 1999
120/1999
Fuel Safety Regulations
Nov 30, 1999
Sep 29, 2006
186/2006
Fuel Safety Regulations
Sep 29, 2006
Apr 1, 2011
Note: Only
regulations that are specifically repealed and replaced appear in this
table. It may not reflect the entire
history of regulations on this subject matter.