Bulletin V-31—Implementation of thermal energy meter requirements

Category: Volume
Issue date: 2018-09-18
Effective date: 2018-09-18
Revision number: N/A
Supersedes: N/A


Table of contents


1.0 Purpose

This bulletin details when Measurement Canada (MC) will implement certain requirements of the Weights and Measures Act (Act) and the Weights and Measures Regulations (Regulations) as related to thermal energy meters.

2.0 Scope

This bulletin applies to anyone using a thermal energy meter in trade.

3.0 References

4.0 Requirements related to thermal energy meters

Section 8 of the Act requires that thermal energy meters used in trade be approved, examined and certified. However, if the conditions of section 7 of the Regulations are met, an unapproved and uncertified meter may be used.

Previously, there were no design, composition, construction or performance requirements specific to thermal energy meters; therefore, these meters could not be approved, examined or certified. These requirements have since been established and are now specified in the Terms and Conditions for the Approval of Thermal Energy Meters.

4.1 Implementation schedule

MC will implement the requirements for the approval and certification of thermal energy meters according to the following schedule:

TradersFootnote 1 who use meters that do not meet these requirements as of the specified dates may be subject to enforcement measures taken by MC, including administrative monetary penalties or prosecution.

4.2 Approval of thermal energy meters

Thermal energy meters used in trade must be approved as per paragraph 8(a) of the Act. To be approved, they must meet the Terms and Conditions for Approval of Thermal Energy Meters.

MC began a pilot program for the approval of thermal energy meters on April 3, 2018. Approval applications are currently only being accepted as part of the pilot program. At the completion of the program, all applications for the approval thermal energy meters will be accepted.

Thermal energy meters that have been approved for use in trade are issued a notice of approval and granted an approval number. Notices of approval can be found in MC's notice of approval database.

4.3 Examination and certification of thermal energy meters

As per paragraph 8(b) of the Act, thermal energy meters used in trade must be examined by an inspector who has certified that they meet the requirements of the Act and the Regulations. The notice of approval for a thermal energy meter may contain additional requirements that must be met in order for it to be certified. Certification must be obtained prior to the meter being used in trade.

When you install a thermal energy meter for use in trade, you must contact MC or an authorized service provider (ASP) to arrange an examination. If the meter meets all applicable requirements, it is certified and a device examination certificate is issued.

Thermal energy meters are not subject to mandatory examination under subsection 15(1) of the Act.

MC and ASPs will likely not be able to provide examination services until January 1, 2021. If you install an approved thermal energy meter for use in trade prior to examination services being available, MC will work with you to determine an appropriate solution.

Alternative service delivery programs (including registration and accreditation of ASPs) are currently being developed by MC.

4.4 Exemptions under section 7 of the Regulations

Under section 7 of the Regulations, the following provisions of the Act do not apply in respect of a trade transaction if the conditions in 4.4.1 below are met:

A section 7 exemption allows parties to a trade transaction to use an unapproved and uncertified measuring device.

4.4.1 Conditions for a section 7 exemption

Section 7 exemptions are available if the following circumstances apply:

  1. A thermal energy meter approved for use in trade or approved for use in the particular manner or for the particular purpose contemplated by them is not available to the parties for use in their intended trade transaction; and
  2. It would be impractical or unreasonably expensive for the parties to obtain approval for a meter that they wish to use in their intended trade transaction or to comply with the examination requirement under paragraph 8(b) of the Act.

Until a meter with characteristics appropriate for the intended trade transaction is approved, item 1) applies. MC will consider item 2) to apply until the completion of the approval pilot program and examination services are available from either MC or an ASP (see section 4.3). If both items apply, the following conditions must also be met:

  1. written notice is provided to MC that an approved meter is not available for use in trade;
  2. the parties to the trade transaction provide MC with any information required relating to the meter that the parties wish to use (see section 4.4.2 of this bulletin);
  3. the meter that the parties wish to use conforms to all requirements of the Act and the Regulations, except the specifications relating to design, composition, construction and performance;
  4. the parties have entered into a written contract not exceeding three years in duration respecting the use of the meter they wish to use in the intended trade transaction showing:
    1. the limits of error applicable to the meter,
    2. the means to be used for calibrating the meter, and
    3. the intervals at which that meter will be calibrated;
  5. the parties have forwarded to MC a true copy of the part of the contract dealing with the use of the meter (see section 4.4.2 of this bulletin); and
  6. the meter that the parties wish to use measures within the limits of error referred to in d)(i).

If all conditions have been met, then section 8 of the Act does not apply to the meter specified in the contract. If at any point conditions a) through f) are no longer fulfilled, then the exemption no longer applies. At the completion of the contract referred to in d), the exemption no longer applies. The exemption may be renewed if items 1) and 2) apply again, and conditions a) through f) are again fulfilled.

4.4.2 Written notice for a section 7 exemption

The written notice referred to in 4.4.1 must be accompanied by:

Send the notice and accompanying information by email or by post to:

Vice-President
Program Development Directorate
Measurement Canada
151 Tunney's Pasture Driveway
Ottawa, ON K1A 0C9

After review of this information, you will receive a response from MC indicating whether the conditions for the exemption have been met. If the conditions have not been met, then the meters must meet all requirements of the Act and Regulations, including the use of an approved and examined meter.

4.5 Unapproved and uncertified thermal energy meters used in trade

Unapproved and uncertified thermal energy meters may be used in trade according to the following schedule:

This information is summarized in the following table.

Use of unapproved and uncertified meters in trade

Table 1: Use of unapproved and uncertified meters in trade
Installation date Date of use Meter use
Before July 1, 2019 Before January 1, 2026 May be used in trade.
On or after January 1, 2026 Must meet the conditions for a section 7 exemption at all times to be used in trade.
On or after July 1, 2019, and before January 1, 2026 Before January 1, 2026 Must meet the conditions for a section 7 exemption on the date of installation to be used in trade.
On or after January 1, 2026 Must meet the conditions for a section 7 exemption at all times to be used in trade.
On or after January 1, 2026 On or after January 1, 2026 Must meet the conditions for a section 7 exemption at all times to be used in trade.

5.0 Complaints

If MC receives a complaint about the accuracy of a thermal energy meter, it may be necessary to remove the meter from service to test it. The limits of error that apply will be the following:

If the meter is found to be accurate, the complainant may be required to pay the fees related to the tests. If the meter is found to be inaccurate, the trader may be required to pay these fees.

Should a meter with a section 7 exemption fail to meet the limits of error specified in the contract, then the section 7 exemption is no longer valid.

6.0 Contact information

If you have any questions or concerns regarding this bulletin, please contact the undersigned.

Justin Rae
Senior Program Officer
151 Tunney's Pasture Driveway
Ottawa, ON K1A 0C9
Telephone: 613-617-6414

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