Standards Regulations (N.S. Reg. 11/2011) (just regulations regs tsfuel.htm)

N.S. Reg. 11/2011

Nova Scotia — Regulations

Standards Regulations (N.S. Reg. 11/2011) (just regulations regs tsfuel.htm)

N.S. Reg. 11/2011

Nova Scotia — Regulations

This consolidation is unofficial and is for reference only.

For the official version of the regulations, consult the original documents on file with the Office of the Registrar of Regulations , or refer to the Royal Gazette

Part II .

Regulations are amended frequently.

Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with our office that are not yet included in this consolidation.

Although every effort has been made to ensure the accuracy of this electronic version, the Office of the Registrar of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting.

This electronic version is copyright ©

, Province of Nova Scotia , all rights reserved. It is for your personal use and may not be copied for the purposes of resale in this or any other form.

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.

Document details

CollectionNova Scotia — Regulations
CitationN.S. Reg. 11/2011
Date2011-01-01
Typeregulation
Volume / chapterjust regulations regs tsfuel.htm
Languageen
Formathtm
SourcePROVINCIAL
Identifierd6cf6f9d785725960985ae99321042ebe9031de7

Source file is stored in the law ingest library (htm).