Natural Gas Bylaw

Whereas under Section 11 of the Municipal Act 2001 a municipality may pass bylaws respecting matters within the sphere of jurisdiction of Public Utilities, and Public Utilities includes a system that is used to provide natural gas services for the public;

Now therefore the Council of the Corporation of the City of Kingston enacts as follows:

For the purposes of this Bylaw:

Building shall mean a structure supplied with natural gas by the City of Kingston;

City shall mean the City of Kingston and its operating authority, Utilities Kingston;

Capacity means the maximum amount of commodity (i.e. natural gas) that a distribution system is able to deliver.

Contractor shall mean a person, partnership, or corporation who contracts to undertake the execution of work commissioned by the Owner or the City to install or maintain gas mains, gas services and other appurtenances;

Curtailment shall mean a reduction in the supply of natural gas, primarily for conservation measures during periods of extremely high demand.

Demarcation point shall mean a specified point (usually the outlet point of the customer meter) that separates the facilities owned by the distributor from the facilities owned by the customer.

Distribution system shall mean a network of pipes and their associated operating control devices owned by or falling under the jurisdiction of the City constructed to convey gas from a supplier to a building.

Economic evaluation shall mean the process of determining the expenditures, revenues and net present value related to a planned expansion or enhancement of the distribution system to recover the costs associated over a duration.

Emergency means a sudden and unanticipated situation during which distribution services are disrupted.

Equipment shall mean an instrument used in the delivery or utilization of natural gas.

Expansion shall mean the addition to or modification the distribution system to enable the provision of service to a building.

Force majeure means any event or circumstance which is beyond the reasonable control of such party including, without limitation, severe weather, including lightning strikes or work stoppages, riots, civil disturbances, sabotage or acts of public enemy, war, insurrection, hurricanes, earthquakes, explosions, fire, breakage of pipe or other critical distribution equipment that prohibits or materially diminishes the flow of gas.

Inspection shall mean,

1. an audit,
2. physical, visual or other examination,
3. survey,
4. test, or
5. inquiry;

In-service shall mean those parts of the gas distribution system that have been approved by the Operating Authority.

Land shall mean all real property, including buildings or any part of any building and all structures, machinery and fixtures erected or placed upon, in, over, under or affixed to land and in the case of utility service providers and the City of Kingston, all buildings or any part of any building erected or placed upon, in, over, under or affixed to land but shall not include machinery whether fixed or not, nor the foundation on which it rests, works structures other than buildings, substructures, poles, towers, lines, nor any of the things exempted from taxation, nor to any easement or the right, use or occupation or other interest in land not owned by utility service providers or the City of Kingston;

Lies along shall mean that the property or parcel of land that is directly adjacent to or abuts onto the public road allowance where Utilities Kingston has distribution facilities of the appropriate line pressure and capacity and no further addition or expansion is required.

Load shall mean the total burden or demand that a gas appliance will consume over a duration.

Load forecast shall mean an estimate of the expected volume of gas to be consumed.

Municipal right-of way shall mean a right-of-way in favour of the City;

Natural Gas rates shall mean rates and charges as defined in the Natural Gas Rates Bylaw;

Occupant shall mean any lessee, tenant, Owner, the agent of a lessee, tenant or Owner, or any person in possession of a premise;

Operating Authority shall mean Utilities Kingston (1425445 Ontario Limited);

Other charges shall mean those charges related to repairs, installations, services rendered, or other expenses, exclusive of charges included in natural gas rates, payable by the consumer as provided for in this bylaw or as directed by City Council;

Owner shall mean any person, including a corporation, who is the registered owner of the property under consideration including a trustee in whom land is vested, a committee of the estate of a mentally incompetent person, an executor, an administrator or a guardian. The obligations of the Owner under this bylaw may not be transferred to a party which is not an Owner;

Person shall mean an individual, association, partnership, corporation, municipality, Provincial or Federal agency, or any agent or employee thereof;

Plan of subdivision shall mean a plan approved by the City that clearly outlines all details that are required to develop a parcel of land into a subdivision with individual parcels;

Regulating equipment shall mean the attached appurtenances and equipment required to reduce the operating system pressure to the useable pressures of another system.

Site plan shall mean a graphical plan of a proposed development illustrating all the features of the development including dwellings, commercial establishments, roads, and other public or private infrastructure that has been approved by the City pursuant to the Planning Act;

Service lateral shall mean a piping system installed to convey gas from a main to a customer meter location.

2.1 Application for Service

The Owner shall complete an "Application for Service" prior to the installation, repair, renewal, removal, plugging, capping or disconnection of a natural gas connection. except where such a connection has been specifically provided for and approved through the City’s Subdivision or Site Plan Approval process or City gasmain rehabilitation project.

2.2 Review Process

The "Application for Service" form shall be submitted to the Operating Authority along with any plans or drawings detailing the proposed connection, any other supporting information, such as but not limited to, a projected load forecast and required fees as stipulated in the By-Laws establishing Gas rates or Miscellaneous Charges . The Operating Authority shall review the proposed alteration/connection proposed and shall impose any condition that is deemed advisable and appropriate to ensure the integrity and safety of any infrastructure within the municipal right of way. Any conditions imposed will be identified in writing and said conditions shall be complied with.

2.3 Expansions and connections

Extensions of and connections to the City’s natural gas distribution system shall only be permitted where they conform to the Official Plan of the City and shall be subject to an economic evaluation and subject to the approval of the operating Authority. Where and economic evaluation shows that the net present value

of the expansion or connection is negative, a capital contribution is required prior to proceeding with the work.

2.4 Capital works

New gas service connections made in association with a capital works project of the City shall be subject to all of the approval requirements of this bylaw and to the charges and fees set out in applicable bylaws

2.5 Gas service replacements

As part of a gasmain rehabilitation project the City shall renew gas services at its expense and to its specifications when the piping is deemed by the Operating Authority to require replacement. Replacement piping shall conform to the specifications of the City. If an Owner requests a larger size, the Owner shall pay the difference in material and labour costs.

2.6 Installation - by City

All gasmains and services that are to be connected to the distribution system shall only be installed by or under the direction of the Operating Authority.

2.7 Installation - City specifications

All gas service pipes shall be constructed according to the City’s standards.

2.8 Installation inspection - by City

All gas service pipes and appurtenances installed, including those required by a City Subdivision, Site Plan or Development Agreement must be inspected by the Operating Authority.

2.9 Installation - access for inspection

The City and persons authorized by the City for inspection shall be, at all times, entitled to enter any premises for the purposes of examining pipes, connections and fixtures which are used in connection with the gas service pipe and/or service main.

2. 10 Disconnection of service – temporary (less than twelve months)

When an Owner temporarily discontinues the use of a gas service for gas supply to a building, the Owner shall pay to the City a charge as indicated in the By-Laws establishing Gas Rates or Miscellaneous Charges for disconnecting the natural gas meter for such service from the natural gas distribution system.

2.11 Disconnection of service - permanent

When an owner permanently discontinues the use of a gas service to a building or buildings the service lateral must be disconnected from the distribution system and the service lateral shall be plugged or capped at the Owner's expense. All work must be inspected by the City and the owner shall pay for such inspection as required in the By-Laws establishing Gas rates or Miscellaneous Charges.

2.12 Multiple natural gas services

Only one natural gas service per property shall be provided from the natural gas distribution system. Additional service may be considered, subject to the approval of the Operating Authority and to charges as established by the By-Laws establishing Gas rates or Miscellaneous Charges.

3.1 Inspection powers

The Operating Authority or any person designated by it as inspector for purposes of this bylaw may, reasonable times enter onto any land on which the City supplies natural gas for the following purposes:

1. to install, inspect, repair, alter, or disconnect the service lateral or, machinery, equipment and other works used to supply natural gas to the building or land;
2. to inspect, install, repair, replace or alter a natural gas meter; or
3. to determine if this bylaw, an order, or condition to any permit or approval is being complied with.

3.2 Curtailment of supply of natural gas

For the purpose of carrying out an expansion, installation, inspection, repair, disconnection or other work the Operating Authority may shut off or reduce the supply of natural gas to any building or land.

3.3 Entry on land – discontinue supply

If an owner discontinues the use of the natural gas supply or the Operating Authority lawfully decides to cease the supplying natural gas to any building or land, the Operating Authority may enter onto the premises:

1. to shut off the supply of natural gas
2. to remove any property of the City; or
3. to determine whether the supply of natural gas is being used lawfully

3.4 Access to dwellings

An inspector shall not enter a place being used as a dwelling unless:

1. the consent of the occupier is first obtained, ensuring the occupier is first advised that entry may be denied and in such circumstance, entry can only occur thereafter under authority of a warrant;
2. a warrant under section 158 of the Provincial Offences Act is obtained;
3. the delay necessary to obtain a warrant or the consent of the occupier would result in the immediate danger to the health or safety of any person; or
4. the entry is for the purpose of section 4.1 or 4.3 and the notice provisions of this bylaw have been complied with.

3.5 Entry on land – notice requirements

Whenever an inspector exercises a power of entry pursuant to this Bylaw, the inspector shall:

1. provide reasonable notice of the proposed entry to the occupier of the land by personal service or prepaid mail or by posting the notice on the land in a conspicuous place for three consecutive days prior to entry;
2. where the proposed entry is an inspection authorized by sections 3.1 or 3.3, the inspector must provide reasonable notice by means of personal service only;
3. in so far as is practicable, restore the land to its original condition where any damage is caused by the inspection; and
4. provide compensation for any damage caused and not remedied.

3.6 City expenses

All costs incurred by the City to perform work required by this bylaw shall be charged to the Owner of the property where such work is performed and shall be collected according to law, and until paid, such cost shall remain a lien on such property, and may also be collected in the like manner as taxes. The City shall not be held responsible for the cost of restoration.

4.1 Natural gas to be metered - remedy for violation

All natural gas drawn from the natural gas distribution systems shall pass through the natural gas meter supplied by the City for use upon such premises, and in addition to whatever other remedies the City may have by law in respect to infringement of this bylaw, the City may, upon ascertaining that natural gas has been used which has not passed through the natural gas meter of such premises, shut off and stop the supply of natural gas upon providing notice as required by this Bylaw.

4.2 Supply - installation - ownership - replacement

The Owner shall pay the natural gas service installation charge as indicated in the By-Laws establishing Gas rates or Miscellaneous Charges as amended from time to time, before the City will supply the Owner with a natural gas meter and the natural gas meter must be installed at a location approved by the Operating Authority prior to occupancy of the building. The natural gas meter shall remain the exclusive property of the City and may be removed as and when the City may see fit, upon the same being replaced by another natural gas meter, or for any reason which the City may, in its discretion, deem sufficient.

4.3 Restoration of natural gas supply - as soon as practicable

If the Operating Authority has shut off or restricted the supply of natural gas under section 3.2 of this bylaw, the Operating Authority shall restore the supply of natural gas as soon as practicable upon completion of the required work.

4.4 Charges - meters - owner to pay

Charges for all measured natural gas consumption, as well as any work or services performed by the Operating Authority will be determined by the Operating Authority as indicated in the By-Laws establishing Gas rates or Miscellaneous Charges as amended from time to time and will be paid in full by the Owner.

4.5 Every building metered - Operating Authority's discretion

Every natural gas service shall be metered at the absolute sole discretion of the Operating Authority.

4.6 Installation to City specifications

All natural gas meters, supplied by the City, shall be installed to conform to the specifications of the City.

4.7 Meter location - Operating Authority to consent to change

The location of a natural gas meter, once installed to the specifications of the City, shall not be changed by any person except with the consent of the Operating Authority.

4.8 Meter Guards

At the discretion of the Operating Authority, the Owner may be required to provide a suitable meter

4.9 Customer owned meters

The Operating Authority will not supply, install, inspect or read customer owned natural gas meters, nor will the Operating Authority bill consumption on private natural gas meters.

4.10 Reading meter - access

The Operating Authority and persons authorized by the Operating Authority shall be allowed access to the premises and be provided free and clear access to the natural gas meter where natural gas is being supplied at all reasonable times for the purpose of reading, at the discretion of the Operating Authority. Where such access to the premises and/or free and clear access to a natural gas meter is not provided by the Owner within fourteen (14) days upon notification as required by this Bylaw, the City may, at its discretion, shut off the supply of natural gas to the premises until such time as free and clear access to the natural gas meter is provided.

4.11 Leaks must be reported

Any leaks that develop at the natural gas meter or its couplings must be reported immediately to the Operating Authority. Neither the City or the Operating Authority is liable for damage caused by unreported leaks.

4.12 Interference with meter not permitted

No person, other than persons authorized by the Operating Authority for that purpose shall be permitted to open, or in any way whatsoever to tamper with any natural gas meter, or with the seals placed thereon, or do any manner of thing which may interfere with the proper registration of the quantity of natural gas passing through such natural gas meter, and should any person change, tamper with or otherwise interfere, in any way whatsoever, with any natural gas meter placed in any building, the Operating Authority may shut off the natural gas from such building, and the natural gas shall not be again turned on to such building or premises without the express consent of the Operating Authority.

4.13 Owner responsible to repair piping or equipment

If, in the opinion of the Operating Authority, the condition of the natural gas piping and/or equipment on such piping is such that the natural gas meter cannot be safely removed for the purpose of testing, replacing, repairing or testing in place without fear of damage to the natural gas service pipe and valves, the Operating Authority may require the Owner to make such repairs as may be deemed necessary to facilitate the removal or testing of the natural gas meter. If, upon notification, the Owner does not comply with the Operating Authority's request, then the natural gas supply to the property may be turned off at the shut-off valve during removal, replacement, repair and testing of the natural gas meter and the City or the Operating Authority shall not be held responsible for any damages to the Owner's property arising from such work.

4.14 Non-functioning meter - amount of natural gas estimated

If, for any cause, any natural gas meter shall be found to not be working properly, then the amount of natural gas to be charged for shall be estimated on the average reading for the previous months, when the natural gas meter was working properly, or, if unavailable or proven inaccurate, the amount of natural gas to be charged for shall be estimated on a daily average when the natural gas meter is working properly, and the charge for the natural gas for the period during which the natural gas meter was not working properly shall be based thereon.

4.15 Meter reading supersedes remote device reading

Where the natural gas meter is equipped with a remote read-out unit of any type and a discrepancy occurs between the reading at the register of the natural gas meter itself and the reading on the readout device, the City will consider the reading at the natural gas meter to be correct, and will adjust and correct the Owner's account accordingly.

5.1 Maintenance of natural gas service lateral - City

The natural gas service lateral shall be maintained by the City at the City's expense.

5.2 Maintenance of service extension and customer owned distribution piping - Owner

Any and all defects, including the breaking of a natural gas service, customer owned distribution piping natural gasmain and meter pit shall be repaired by the Owner of the property being serviced. Should the Operating Authority become aware of any such defect, and upon written notification to the Owner, the said defect is not repaired within seven (7) days of the date of the notification or within such time as the Operating Authority may deem necessary, then the Operating Authority may turn off the natural gas supply to the property. If the Operating Authority is ordered to restore the natural gas supply, then the Operating Authority may repair the defective natural gas service pipe.

5.3 Operation of natural gas shut-off valve

No person, other than persons authorized by the Operating Authority for that purpose shall be permitted to operate the natural gas shut-off valve to any premises.

5.4 Access to natural gas shut-off valves

All natural gas shut-off valves must be left clear and accessible at all times so that the natural gas in the natural gas service pipe and customer owned distribution piping may be turned off or on as may be found necessary by the Operating Authority.

5.5 Responsibility for protection, natural gas loss, damage

All natural gas service to and including the natural gas meter shall be properly protected from frost, snow or ice and any other damage at the expense and risk of the Owner of the property being serviced. The Owner shall be responsible for the natural gas loss occasioned by a leak in the natural gas service and/or customer owned distribution piping and the charge for such natural gas loss shall be determined by the Operating Authority, shall be paid by the Owner upon demand by the City, and the City shall not be held responsible for any damages arising from such leakage.

5.6 Responsibility - vacant premises

When any premises is left vacant it is the Owner's responsibility to arrange with the Operating Authority for the shut off the natural gas supply. The valve will be turned on only at the Owner's request and in the Owner's presence. The Owner shall pay for this service at the rate as indicated in the By-Laws establishing Gas rates or Miscellaneous Charges.

5.7 Responsibility - natural gas damage

When any premises left vacant, unattended or without heat, where the natural gas supply has not been shut off, suffers damage to it and its contents from a leaking natural gas pipe, the Owner or Occupant shall have no claim against the City or the Operating Authority.

5.8 Conditions on natural gas supply

The City agrees to use reasonable diligence in providing a regular and uninterrupted supply and quality of natural gas, but does not guarantee a constant service or the maintenance of unvaried pressure or quality or supply of natural gas and is not liable for damages to the Owner or Occupant caused by the breaking of any natural gas service pipe or attachment, or for the shutting off of natural gas to repair or rehabilitate natural gasmains or to tap natural gasmains or for any damage that may be incurred during an event of force majeure. Where planned work on the natural gas distribution is contemplated the Operating Authority will make reasonable effort to provide two (2) days notice, delivered to the lands affected, of the intention to shut off the natural gas, save and except for emergency shut downs.

5.9 Unusual service demands

Where an Owner requires a supply, a guaranteed supply or quality of natural gas or natural gas pressures beyond that provided by the natural gas distribution system, the Owner is responsible for providing such services, devices or processes that satisfy their specific requirements.

5.10 Unauthorized operation or interference – offence

No person, other than persons authorized by the Operating Authority for that purpose shall open or close a natural gas valve in the public natural gas distribution system, or remove, tamper with or in any way interfere with any natural gas shut-off valve, natural gas meter, structure, natural gasmain or natural gas service in the natural gas distribution system, including private natural gasmains, nor tap off or make any connection to a natural gasmain.

5.11 Work on the system

The Operating Authority shall perform all work having to do with the City’s natural gas distribution system and with the installation, repair, renewal, or removal of the City’s in-service natural gas distribution system. The Operating Authority may delegate to any person the authority to perform work on the natural gas distribution system, on conditions acceptable to the Operating Authority.

5.12 Shut off- repair

The Operating Authority shall have the right at any time and without notice to shut off the supply of natural gas to any building if, in the opinion of the Operating Authority, the natural gas service located on the property is not being properly maintained, develops a significant leak, or in any way compromises the integrity of the City’s natural gas works, and not to restore service until such condition has been rectified to the satisfaction of the Operating Authority.

5.13 Damage to natural gas distribution system – offence

No person shall break, damage, destroy, deface or tamper with, or cause or permit the breaking, damaging, destroying, defacing or tampering with any part of the natural gas distribution system.

6.1 Prohibitions under this bylaw

No person shall:

1. contravene any provision of this bylaw or any order or notice issued pursuant to this bylaw;
2. hinder or interrupt, or cause or procure to be hindered or interrupted, the corporation or any of its officers, contractors, agents, servants or workers, in the exercise of any of the power conferred by this bylaw;
3. without the consent of the City, lend, sell, or dispose of the natural gas, give it away, permit it to be taken, use or apply it to the use or benefit of another, or to any use and benefit other than his own or increase the supply of natural gas agreed for;
4. without lawful authority open or close any valve, or obstruct the free access to any, valve, chamber or pipe by placing on it any building material, rubbish or other obstruction;
5. alter any natural gas meter placed upon any service pipe or connected therewith, within or without any building or other place, so as to lessen or alter the amount of natural gas registered; or
6. lay or cause to be laid any pipe or natural gasmain to connect with any pipe or natural gasmain of the natural gas distribution system, or in any way obtain or use the natural gas without the consent of the corporation

7.1 Fine - for contravention

Any person who contravenes any provision of this bylaw is, upon conviction, guilty of an offence and is liable to any penalty as provided in the Provincial Offences Act.

7.2 Continuation - repetition - prohibited - by order

The court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted, and such order shall be in addition to any other penalty imposed on the person convicted.

7.3 Offence - additional - damage to natural gasworks

Every person who, by act, default, neglect or omission occasions any loss, damage or injury to any natural gas public utility works, or to any natural gasworks plant, machinery, fitting or appurtenance thereof is liable to the City for all damages caused.

7.4 Offence - additional - willful damage

Every person who damages or causes or permits to be damaged any natural gas meter, natural gas service pipe, conduit, wire, rod or natural gas fitting belonging to the City or impairs or causes or permits the same to be altered or impaired, so that the natural gas meter indicates less than the actual amount of the natural gas that passes through it, is guilty of an offence and on conviction is liable to a fine, to the use of the City, and for any expenses of repairing or replacing the natural gas meter, natural gas service pipe, conduit, wire, rod or fitting all of which is recoverable under the Provincial Offences Act.

In the event any provision, or part thereof, of this Bylaw is found by a court of competent jurisdiction to be ultra vires, such provision, or part thereof, shall be determined to be severed, and the remaining portion of such provision and all other provisions of this bylaw shall remain in full force and effect.

This Bylaw shall come into force and take effect on the date of its passing.