Gas Licensing Act, G-4.1

1 GAS LICENSING c G-4.1 The Gas Licensing Act being Chapter G‑4.1 of the Statutes of Saskatchewan, 1988-89 (effective July 1, 1988) as amended by the Statutes of Saskatchewan, 1993, c G‑3.2; 1997, c 4; 1998, c P‑42.1; 2018, c 42; 2019, c 13; 2020, c 31; and 2024, c 4. NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation. 2 c G-4.1 GAS LICENSING Table of Contents SHORT TITLE PROPANE DISTRIBUTORS 1 Short title 17 Propane distributors 18 Out of province propane distributors INTERPRETATION 2 Interpretation LICENCES 2.1 Interpretation and administration of Act – 19 Power to issue licences safety standards agreement 20 Refusal of licence APPLICATION 21 Period of licence 3 Application 22 Suspension of licences 4 Non‑application 23 Proof of licence DIRECTOR GENERAL 5 Appointment 24 Reports 6 Identification card 25 Regulations 7 Powers 26 Judicial review CONTRACTORS 26.1 Administrative penalties 8 Prohibition 26.2 Enforcement of administrative penalty 9 Contractor’s licence and bond 26.3 Appeal to Court of King’s Bench 10 Recourse to bond re administrative penalty GAS‑FITTERS 26.4 Discipline order 11 Prohibition 26.5 Appeal to director 12 Gas‑fitter’s licence 26.6 Court‑ordered compliance EMPLOYERS 26.7 Public notice 13 Licence and bond 26.8 Service of notice or documents 14 Application of certain section 27 Offences and penalties SUPPLY HOUSES 28 Limitation of action 15 Prohibition 29 Liability for damages 16 Licence 30 Crown bound 31 Transitional 3 GAS LICENSING c G-4.1 CHAPTER G-4.1 An Act respecting the Licensing of Persons who Perform Work of Gas Installation or Sell Gas Equipment SHORT TITLE Short title 1 This Act may be cited as The Gas Licensing Act. INTERPRETATION Interpretation 2 In this Act: (a) “apprentice” means a person who works as assistant to a gas‑fitter with a view to qualifying himself as a gas‑fitter; (b) “approved” means approved in accordance with The Gas Inspection Act, 1993 or the regulations made pursuant to that Act; (c) “chief inspector” means the chief inspector as defined in The Gas Inspection Act, 1993; (d) “contractor” means any person, corporation, company, firm, partnership or organization performing or engaging to perform either for his or its own use or benefit, or for that of another, with or without remuneration or gain, any work with respect to a gas installation or any other work to which this Act applies; (e) Repealed. 2020, c 31, s 6‑2. (f) “director” means the person appointed director of licensing pursuant to section 5; (g) “distribution system” means a system for the supply of gas to consumers’ premises from collection or transmission systems; (h) “employer” means a person other than a licensed contractor who employs one or more gas‑fitters, whether employed in the business of the employer or on the staff of the owner or occupant, in a municipal, provincial or federal building or plant, an assembly or public building, apartment, commercial, industrial, institutional, storage and mixed occupancy buildings, a radio broadcasting station, mine, quarry or travelling show, a railway, express or telegraph company’s building or plant, or in any other premises that may be designated by the Lieutenant Governor in Council in the regulations; 4 c G-4.1 GAS LICENSING (i) “gas equipment” means any apparatus, appliance, device, instrument, fitting, fixture, machinery, material or thing used in or for, or capable of being used in or for, the transmission, distribution, supply or utilization of gas and, without restricting the generality of the foregoing, includes any assemblage or combination of materials or things that is used, or is capable of being used or adapted, to serve or perform a particular purpose or function when connected to a gas installation, but does not include any electrical equipment within the meaning of The Electrical Licensing Act; (j) “gas-fitter” means a person who installs, repairs or alters any gas installation or equipment; (k) “gas installation” means the installation of a system of gas piping in or on any land, building or premises from the meter or regulator where gas is delivered therein or thereon up to the point or points where the gas can be consumed or used therein or thereon by any gas consuming equipment and includes the connection of any such gas piping with any of that equipment and any part of the gas system, and the alteration, extension and repair of that gas piping, but does not include any electrical installation within the meaning of The Electrical Licensing Act; (l) “inspector” means an inspector appointed pursuant to The Gas Inspection Act, 1993 and includes the chief inspector; (m) “licence” means a licence issued pursuant to this Act or the regulations; (n) “minister” means the member of the Executive Council to whom for the time being the administration of this Act is assigned; (n.1) “ministry” means the ministry over which the minister presides; (o) “propane distributor” means any person, corporation, company, firm, partnership or organization engaged in the storage of propane in refillable cylinders or tanks or in bulk for the purpose of resale; (p) “supply house” means a manufacturer, jobber or wholesale vendor or a manufacturer’s agent that deals in gas equipment. 1988‑89, c G‑4.1, s 2; 1993, c G‑3.2, s 41; 1997, c 4, s 3; 2020, c 31, s 6‑2. Interpretation and administration of Act – safety standards agreement 2.1(1) In this section, “safety standards agreement” means a safety standards agreement entered into pursuant to The Technical Safety Authority of Saskatchewan Act respecting this Act. (2) Notwithstanding any other provision of this Act or the regulations or of any other Act or law, this Act and the regulations are to be interpreted subject to the provisions of The Technical Safety Authority of Saskatchewan Act and the safety standards agreement. 2020, c 31, s 6‑3. 5 GAS LICENSING c G-4.1 APPLICATION Application 3 Subject to section 4, this Act applies to gas installations and gas equipment and to the sale of gas equipment. 1988‑89, c G‑4.1, s 3. Non-application 4 This Act does not apply to collection, transmission and distribution systems of public utilities nor to any gas equipment or gas installation designated by the Lieutenant Governor in Council in the regulations. 1988‑89, c G‑4.1, s 4. DIRECTOR Appointment 5(1) A director of licensing and any authorized representatives of the director necessary for the purposes of this Act may be appointed. (2) No person who is interested, either directly or indirectly, in the sale or installation of gas equipment may be appointed to the office of director or authorized representative of the director. 1988‑89, c G‑4.1, s 5; 1998, c P‑42.1, s 42; 2020, c 31, s 6‑4. Identification card 6(1) The minister shall furnish the director and every authorized representative of the director with an identification card. (2) When requested, the director or an authorized representative of the director shall produce his identification card when he applies for admission to any premises. 1988‑89, c G‑4.1, s 6. Powers 7(1) The director or an authorized representative of the director may: (a) at any reasonable time, enter land or premises for the purposes of enforcing this Act or the regulations; (b) make any examination and investigation that may be necessary to ascertain whether or not this Act or the regulations are being complied with; (c) order, in writing, the production of or inspect and make copies of any books, records or documents, or any entry in any book, record or document, relating to any matter within the scope of this Act or the regulations. 6 c G-4.1 GAS LICENSING (2) A justice of the peace or a judge of the Provincial Court of Saskatchewan, if satisfied by the oath or affirmation of the director or an authorized representative of the director that there are reasonable grounds for believing that a contravention of this Act, the regulations, or a notice, order, decision, requirement or direction of the director made pursuant to this Act or the regulations, has occurred and that there is evidence to be found at the place to be searched, may issue a warrant authorizing the person named in the warrant to enter the place named in the warrant and every part of the place named in the warrant and of the premises connected with that place to: (a) examine the place and connected premises; and (b) search for and seize and take possession of any records, designs, plans or other documents or other property that the director or authorized representative has reasonable grounds to believe may constitute evidence of a contravention of this Act, the regulations or a notice, order, decision, requirement or direction of the director made pursuant to this Act. 1988‑89, c G‑4.1, s 7; 2020, c 31, s 6‑5. CONTRACTORS Prohibition 8(1) No person shall: (a) engage in the business of a contractor; or (b) advertise or hold himself out as a contractor; unless he holds a valid and subsisting contractor’s licence. (2) No contractor shall make any gas installation or install gas equipment or perform any work with respect to a gas installation that is outside the limits of authority prescribed in the regulations for the class of contractor’s licence that he holds. 1988‑89, c G‑4.1, s 8. Contractor’s licence and bond 9(1) Subject to subsections (2) to (5), the director may issue the appropriate class of contractor’s licence to a person who intends to engage in the business of a contractor. (2) Every person who applies for a contractor’s licence shall furnish the minister with a guarantee bond that is: (a) in the penal sum prescribed in the regulations; and (b) in the form and subject to the conditions specified by the director. (3) A licence shall not be issued pursuant to subsection (1) unless that person: (a) is a licensed gas‑fitter; (b) has a partner who is a licensed gas‑fitter; or (c) employs a licensed gas‑fitter. 7 GAS LICENSING c G-4.1 (4) For the purposes of subsection (1), the appropriate class of contractor’s licence is a class which authorizes only the type of work which may lawfully be performed by the gas‑fitter mentioned in subsection (3). (5) A gas‑fitter’s licence shall not be used to entitle more than one person to either a contractor’s licence or an employer’s licence. 1988‑89, c G‑4.1, s 9; 2020, c 31, s 6‑6. Recourse to bond 10(1) If an inspector finds that the necessary corrections ordered pursuant to section 20 of The Gas Inspection Act, 1993 have not been made, the chief inspector may send notice of the defective work to the surety under the contractor’s bond and may specify in the notice a reasonable time within which the defects shall be remedied. (2) If the defects are not remedied within the time specified in the notice, the chief inspector may cause the necessary alterations to be made by another contractor to conform to the requirements of The Gas Inspection Act, 1993 and the regulations made pursuant to that Act. (3) The cost of the alterations mentioned in subsection (2) shall be charged against the amount of the bond and shall be paid immediately by the surety to the minister. (4) The chief inspector shall: (a) send a copy of the notice mentioned in subsection (1) to the director; and (b) give notice of any alterations made pursuant to subsection (2) to the director. (5) Repealed. 2020, c 31, s 6‑7. 1988‑89, c G‑4.1, s 10; 1993, c G‑3.2, s 41; 2020, c 31, s 6‑7. GAS‑FITTERS Prohibition 11(1) No person shall work as a gas‑fitter unless he holds a valid and subsisting gas‑fitter’s licence. (2) The holder of a gas‑fitter’s licence shall perform only the work prescribed in his licence. 1988‑89, c G‑4.1, s 11. Gas-fitter’s licence 12 Subject to the regulations, the director may issue the appropriate class of gas‑ fitter’s licence to any person who: (a) possesses the qualifications that may be prescribed in the regulations; and (b) in the opinion of the director, is qualified to perform the work. 1988‑89, c G‑4.1, s 12. 8 c G-4.1 GAS LICENSING EMPLOYERS Licence and bond 13(1) No employer shall make any gas installation, install gas equipment or perform any work with respect to a gas installation unless he holds a valid and subsisting employer’s licence. (2) No employer shall employ on his staff any person to take charge of a gas installation or install gas equipment on, over or under the employer’s premises unless the person holds a valid and subsisting gas‑fitter’s licence authorizing him to do so. (3) The director may issue an employer’s licence to an employer who: (a) employs a licensed gas‑fitter who is not employed by any other holder of an employer’s licence or by the holder of a contractor’s licence; and (b) where the regulations so require, furnishes to the minister a guarantee bond that is: (i) in the penal sum prescribed in the regulations; and (ii) in the form and subject to the conditions specified by the director. 1988‑89, c G‑4.1, s 13; 2020, c 31, s 6‑8. Application of certain section 14 Section 10 applies mutatis mutandis to defective work of employers and to an employer’s guarantee bond. 1988‑89, c G‑4.1, s 14. SUPPLY HOUSES Prohibition 15 No person shall engage in the business of a supply house or advertise or hold himself out as operating a supply house unless he holds a valid and subsisting supply house licence. 1988‑89, c G‑4.1, s 15. Licence 16 The director may issue a supply house licence to any person who intends to engage in the business of a supply house of gas equipment, but only if, where the regulations so require, that person furnishes to the director a guarantee bond in that penal sum prescribed in the regulations and in the form and subject to the conditions specified by the director. 1988‑89, c G‑4.1, s 16; 2020, c 31, s 6‑9. 9 GAS LICENSING c G-4.1 PROPANE DISTRIBUTORS Propane distributors 17(1) No person shall engage in the business of a propane distributor or advertise or hold himself out as a propane distributor unless he holds a valid and subsisting propane distributor’s licence. (2) The director may issue a propane distributor’s licence to any person who intends to engage in the business of a propane distributor if the director is satisfied that the actual or proposed facilities for propane storage and distribution meet current, generally accepted safety standards. 1988‑89, c G‑4.1, s 17; 2020, c 31, s 6‑10. Out of province propane distributors 18 No person who is engaged in the business of a propane distributor outside Saskatchewan shall distribute propane within Saskatchewan or advertise or hold himself out as distributing propane within Saskatchewan unless he holds a valid and subsisting out of province propane distributor’s licence. 1988‑89, c G‑4.1, s 18. LICENCES Power to issue licences 19 The director may issue all licences required pursuant to this Act or the regulations. 1988‑89, c G‑4.1, s 19. Refusal of licence 20 The director may refuse to issue a licence to: (a) any person who has not paid any fee required by: (i) this Act or the regulations; or (i.1) The Gas Inspection Act, 1993 or the regulations made pursuant to that Act; (ii) Repealed. 2020, c 31, s 6‑11. (iii) Repealed. 2020, c 31, s 6‑11. (b) any person whose licence is suspended; (c) any person with respect to whom the minister has prescribed a further period pursuant to subsection 22(3); 10 c G-4.1 GAS LICENSING (d) any person who has work of gas installation that is identified by an inspector as defective pursuant to The Gas Inspection Act, 1993 and that has not been rectified at the time of the person’s application for a licence. 1988‑89, c G‑4.1, s 20; 1993, c G‑3.2, s 41; 2020, c 31, s 6‑11. Period of licence 21(1) Licences shall be issued for the periods that may be prescribed in the regulations. (2) Every licence remains the property of the ministry and, if suspended, the holder of the licence shall immediately return it to the ministry. 1988‑89, c G‑4.1, s 21; 2020, c 31, s 6‑12. Suspension of licences 22(1) Subject to subsection (2), on the recommendation of the director, the minister may, for cause and for any period that the minister considers expedient, suspend any licence. (2) The director shall not recommend the suspension of a licence unless he has given the holder of the licence an opportunity to be heard unless, in the opinion of the director, it is in the public interest to suspend a licence immediately, in which case he may recommend the suspension of a licence to the minister and the minister may suspend the licence immediately, but the director shall give the holder of the licence an opportunity to be heard within 15 days of the date of the suspension. (3) Where: (a) a person’s licence is suspended; and (b) in the opinion of the minister, the period between the date of the suspension of the licence and the date of its expiry is not sufficient for the purposes of subsection (1); the minister may prescribe a further period during which the director may refuse pursuant to clause 20(c) to issue a licence to that person. 1988‑89, c G‑4.1, s 22. Proof of licence 23 A certificate signed by the director certifying that: (a) a person is licensed or not licensed pursuant to this Act; or (b) the licence of a person was suspended or reinstated at a particular time; is, without proof of the office or signature of the director, admissible in evidence as prima facie proof of the facts stated in the certificate for all purposes in any action, proceeding or prosecution. 1988‑89, c G‑4.1, s 23. 11 GAS LICENSING c G-4.1 GENERAL Reports 24(1) The chief inspector shall provide the director with reports respecting inspection activities carried out pursuant to The Gas Inspection Act, 1993 and the work of persons licensed pursuant to this Act observed in the course of inspections. (2) Reports mentioned in subsection (1) shall be made at any intervals and in any form that the director may request. 1988‑89, c G‑4.1, s 24; 1993, c G‑3.2, s 41. Regulations 25 For the purpose of carrying out this Act according to its intent, the Lieutenant Governor in Council may make regulations: (a) defining, enlarging or restricting the meaning of any word or phrase used in this Act or the regulations but not defined in this Act; (a.1) providing for the enforcement of the obligations contained in bonds given pursuant to this Act; (b) designating the persons or categories of persons who shall furnish to the minister a guarantee bond in accordance with any provision of this Act and prescribing the penal sums for those bonds, which sums may be different for different categories of those persons; (c) providing for the issuance of appropriate licences, including the classification of those licences; (d) prescribing the period for which: (i) licences of any class; (ii) any licence; may be issued; (e) prescribing the limits of authority to be conferred by any licence; (f) prescribing the conditions under which a contractor may permit any person to work as an apprentice; (g) prescribing the conditions under which a person may work as an apprentice; (h) prescribing the qualifications necessary in order to obtain any licence; (i) prescribing forms to be used for the purposes of this Act and the regulations; (j) prescribing the fees to be paid for licences; (k) prescribing the causes for which a licence may be suspended; (l) requiring the holders of any class of licence and utilities supplying gas to make returns to the minister respecting any matter that may be specified in the regulations; 12 c G-4.1 GAS LICENSING (m) designating gas equipment and gas installations to which this Act does not apply; (m.1) for the purposes of section 26.8, prescribing other means of service; (n) prescribing any other matter or thing that is required by this Act to be prescribed in the regulations. 1988‑89, c G‑4.1, s 25; 1997, c 4, s 4; 2019, c 13, s 6; 2020, c 31, s 6‑13. Judicial review 26(1) A person aggrieved by a notice, order, decision, requirement or direction of the director may apply to the Court of King’s Bench for judicial review within 30 days of the director’s notice, order, decision, requirement or direction. (2) The King’s Bench Rules respecting judicial review, other than Rules 3‑56(2)(b), (4)(b) and (c) and (6), apply to proceedings pursuant to this section to the extent that they are not inconsistent with this Act. 1988‑89, c G‑4.1, s 26; 2018, c 42, s 65; 2024, c 4, s 12 and s 32. Administrative penalties 26.1(1) The director may assess a penalty against a person for contraventions of this Act or the regulations or for failure to comply with an order pursuant to this Act. (2) The penalty may consist of: (a) a single monetary amount not exceeding $5,000; (b) a daily amount not exceeding $1,000 for each day the infraction continues; or (c) a combination of clauses (a) and (b). (3) Before assessing a penalty, the director shall provide notice to the person: (a) setting out the facts and circumstances that, in the director’s opinion, render the person liable to a penalty; (b) specifying the amount of the penalty that the director considers appropriate in the circumstances; and (c) informing the person of the person’s right to make representations to the director. (4) No penalty is to be assessed by the director more than three years after the act or omission that renders the person liable to a penalty first came to the knowledge of the director. (5) A person to whom notice is sent pursuant to subsection (3) may make representations to the director respecting whether a penalty should be assessed and the amount of any penalty. (6) Representations pursuant to subsection (5) must be made within 30 days after the person received the notice. 13 GAS LICENSING c G-4.1 (7) After considering any representations, the director may: (a) assess a penalty in the amount set out in the notice and set a date by which the penalty is to be paid in full; (b) assess a revised penalty and set a date by which the penalty is to be paid in full; or (c) determine that no penalty should be assessed. (8) The director shall serve a copy of the decision pursuant to subsection (7), with reasons, on the person who made the representations. (9) The director may assess a penalty pursuant to this section notwithstanding that the facts and circumstances giving rise to the penalty arose due to the actions of an employee, helper, contractor or agent of the person required to pay the penalty. (10) If a corporation commits a contravention mentioned in subsection (1), the director may, in accordance with this section, assess a penalty against an officer, director or other person of the corporation who authorized, permitted or acquiesced in the contravention, even though the corporation is liable for or pays an administrative penalty. 2019, c 13, s 6. Enforcement of administrative penalty 26.2(1) The director may file in the Court of King’s Bench a certificate signed by the director and setting out: (a) the amount of the penalty assessed pursuant to subsection 26.1(7); and (b) the person from whom the penalty is to be recovered. (2) A certificate filed pursuant to this section has the same force and effect as if it were a judgment obtained in the Court of King’s Bench for the recovery of a debt in the amount set out in the certificate, together with reasonable costs and charges with respect to its filing. 2019, c 13, s 6; 2024, c 4, s 32. Appeal to Court of King’s Bench re administrative penalty 26.3(1) Any person aggrieved by a decision of the director to assess a penalty against that person pursuant to section 26.1 may appeal that decision on a question of law to a judge of the Court of King’s Bench within 30 days after the date of service of the director’s decision. (2) The record of an appeal pursuant to subsection (1) consists of: (a) the director’s decision; (b) any written representations made to the director by the person named in the decision; (c) the notice of motion commencing the appeal; (d) any other documents or material prescribed in the regulations; and (e) any other material that the Court of King’s Bench may require. 14 c G-4.1 GAS LICENSING (3) On hearing an appeal pursuant to this section, the judge of the Court of King’s Bench may issue an order: (a) confirming the penalty; (b) amending the amount of the penalty; or (c) quashing the director’s decision to assess a penalty. 2019, c 13, s 6; 2024, c 4, s 32. Discipline order 26.4(1) In this section, “regulated work” means any work, process or activity respecting gas installations and gas equipment. (2) The director may issue a discipline order pursuant to this section against any person who: (a) is in contravention of this Act or the regulations; (b) fails to comply with a compliance order pursuant to clause 7(1)(c); (c) fails to comply with a term or condition of a licence; or (d) is performing work regulated by this Act for which the person is not licensed, or undertakes regulated work that the person is not qualified to undertake. (3) A discipline order mentioned in subsection (1) must: (a) be in writing and in the form approved by the minister; (b) contain a description of the action to be undertaken by the person; (c) cite the contravened provision of this Act or of the regulations; (d) subject to subsection (5), require the person to undertake the action within a period specified in the order that is not less than 30 days from the time the person receives the order; and (e) be served on the person to whom the order is directed as soon as is practicable after it is issued. (4) The penalty may consist of any sanction the director considers necessary, including the following: (a) that specified training or education be completed within a specified period; (b) that practices involving the regulated work be stopped or modified; (c) that advertising, display or disposal of regulated work be stopped or modified; (d) that advertising or display of regulated work be reported to the director for a specified period; (e) that any person performing regulated work act only under supervision or as directed in the order; 15 GAS LICENSING c G-4.1 (f) that any other action by a person be taken, modified or stopped if necessary to prevent, avoid or reduce risk of personal injury or damage to property; (g) that reports on any of the actions listed in the discipline order be made to the director. (5) For the purposes of clause (3)(d), if the action requires ongoing reporting to the director, the order must set a period of not more than one year in which the reporting of the action must be completed. 2019, c 13, s 6. Appeal to director 26.5(1) A person who is subject to an order pursuant to section 26.4 may, within 15 days after being served with the order, appeal the order to the director. (2) An appeal pursuant to this section must be made by filing a notice of appeal with the director. (3) The notice of appeal mentioned in subsection (2) must: (a) be in writing; and (b) set out the reasons for the appeal. (4) The director shall consider the appeal within 30 days after the notice of appeal is filed with the director and may confirm, modify or revoke the order being appealed. (5) The director shall cause a copy of the director’s decision, with reasons, to be served on the appellant as soon as is practicable after the decision is made. (6) An appeal made pursuant to this section does not operate as a stay of the decision being appealed unless the director, on an application by the appellant, decides otherwise. 2019, c 13, s 6. Court-ordered compliance 26.6(1) The director may apply to a judge of the Court of King’s Bench for all or any of the following: (a) an order compelling a person to comply with this Act, the regulations, an order issued pursuant to this Act or the regulations, or the terms and conditions of a licence; (b) an order enjoining any person from proceeding contrary to this Act, the regulations, an order issued pursuant to this Act or the regulations, or the terms and conditions of a licence. (2) On an application pursuant to this section, the judge of the Court of King’s Bench may make the order requested or any other order that the judge considers appropriate on any terms and conditions that the judge considers appropriate. (3) The director may apply for an order pursuant to subsection (1) regardless of whether an order pursuant to this Act or the regulations has been issued with respect to the matter. 2019, c 13, s 6; 2024, c 4, s 32. 16 c G-4.1 GAS LICENSING Public notice 26.7 Notice of administrative penalties, discipline orders, court‑ordered compliance, suspension of a licence, or any other orders made pursuant to this Act may be published in any manner that the minister considers necessary to protect the public, including posting the notice on the ministry’s website. 2019, c 13, s 6. Service of notice or documents 26.8(1) Unless otherwise provided in this Act, any notice, order or document required by this Act or the regulations to be given or served is to be served personally or mailed by ordinary or registered mail to the last known address of the person being served or by any other means prescribed in the regulations. (2) A notice, order or document directed to the occupants of a premises that contains two or more units intended for separate occupancy is deemed to have been served on each occupant by posting a copy of the notice, order or document in a conspicuous place on the land or premises to which the notice, order or document relates. (3) A notice, order or document served by ordinary mail or registered mail is deemed to have been received on the seventh business day following the day of its mailing, unless the person to whom it was mailed establishes that, through no fault of the person, the person did not receive the document or that the person received it at a later date. (4) Irregularity in the service of a notice, order or document does not affect the validity of an otherwise valid notice, order or document. 2019, c 13, s 6. Offences and penalties 27(1) No person shall: (a) contravene any provision of this Act or the regulations; (b) obstruct or hinder the director or an authorized representative of the director in the performance of a duty conferred or imposed on him or her by this Act; (c) fail to comply with any order, notice, requirement or instructions given or made by the minister, the director, an authorized representative of the director or an inspector pursuant to this Act; (d) engage in the business of a contractor, supply house, propane distributor or out of province propane distributor or advertise or hold himself or herself out as a contractor, supply house, propane distributor or out of province propane distributor without holding a contractor’s licence, supply house licence, propane distributor licence or out of province propane distributor licence, as the case may require; (e) make a gas installation that is not authorized by a contractor’s licence held by that person; (f) work as a gas‑fitter without holding a gas‑fitter’s licence; 17 GAS LICENSING c G-4.1 (g) perform any work that is not authorized by a licence held by that person; or (h) employ on the person’s staff, for the purpose of making a gas installation, a person who is not the holder of a licence authorizing that person to make that installation, except under conditions of emergency. (2) Every person who contravenes any provision of subsection (1) is guilty of an offence and liable on summary conviction: (a) in the case of an individual, to a fine of not more than $25,000 and, in the case of a continuing offence, to a further fine of not more than $5,000 for each day or part of a day during which the offence continues; and (b) in the case of a corporation, to a fine of not more than $200,000 and, in the case of a continuing offence, to a further fine of not more than $20,000 for each day or part of a day during which the offence continues. (3) If a person is found guilty of contravening any provision of subsection (1), the convicting judge may, in addition to any other penalty imposed, order the person to do any act or work, within the time specified by the judge in the order. (4) A person to whom an order is given pursuant to subsection (3) who fails to comply with the decision, order or directive within the specified time is guilty of an offence and liable on summary conviction: (a) in the case of an individual, to a fine of not more than $5,000 for each day during which the non‑compliance continues; and (b) in the case of a corporation, to a fine of not more than $10,000 for each day during which the non‑compliance continues. 2019, c 13, s 6. Limitation of action 28 No prosecution in respect of an alleged offence under this Act or the regulations is to be commenced after: (a) one year from the date the alleged offence becomes known to the director; or (b) three years from the date of the commission of the alleged offence; whichever is later. 1988‑89, c G‑4.1, s 28. Liability for damages 29(1) Nothing in this Act or the regulations removes or lessens the liability of any person, firm or corporation for damages in respect of any person killed or injured or for any property destroyed or damaged. (2) No action or proceeding lies or shall be commenced against the Government of Saskatchewan, the minister, any officer, inspector, director, employee of the ministry or any agent of the Government of Saskatchewan for anything in good faith done, caused or permitted or authorized to be done, attempted to be done or omitted to be done by that person pursuant to or in the exercise or supposed exercise of any power conferred by this Act or the regulations or in the carrying out or supposed carrying out of any order made pursuant to this Act or any duty imposed by this Act or the regulations. 1988‑89, c G‑4.1, s 29; 2020, c 31, s 6‑14. 18 c G-4.1 GAS LICENSING Crown bound 30 The Crown is bound by this Act. 1988‑89, c G‑4.1, s 30. Transitional 31 Notwithstanding the repeal of The Gas Inspection and Licensing Act, as that Act existed on the day before the coming into force of this Act, pursuant to The Gas Inspection Act: (a) any valid and subsisting licence issued pursuant to The Gas Inspection and Licensing Act continues in force and may be enforced and otherwise dealt with as if issued pursuant to this Act; (b) any bond required pursuant to The Gas Inspection and Licensing Act may be dealt with pursuant to this Act as if it were required pursuant to this Act; and (c) a reference in a bond required pursuant to The Gas Inspection and Licensing Act, as that Act existed on the day before the coming into force of this Act, to: (i) The Gas Inspection and Licensing Act and the regulations made pursuant to that Act is deemed to be a reference to: (A) The Gas Inspection Act, 1993, if the reference is to the standards of work, material or gas equipment; (B) The Gas Licensing Act, if the reference is to the issuance or suspension of a licence or the requirement to furnish a bond; (ii) the Gas Safety Unit, the Government of Saskatchewan, the Department of Labour or any other department of the Government of Saskatchewan is deemed to be a reference: (A) the corporation, if the reference is to the standards of work, material or gas equipment; (B) the department, if the reference is to the issuance or suspension of a licence or the requirement to furnish a bond; (iii) the chief inspector under that Act is deemed to be a reference to: (A) the chief inspector, if the reference is to the standards of work, material or gas equipment; (B) the director, if the reference is to the issuance or suspension of a licence or to giving notice of termination of a suretyship under the bond; (d) any recourse to bond taken pursuant to section 14 of The Gas Inspection and Licensing Act may be continued pursuant to section 10. 1988‑89, c G‑4.1, s 31; 1993, c G‑3.2, s 41. REGINA, SASKATCHEWAN Printed by the authority of THE KING’S PRINTER Copyright©2024