Fuel Safety Regulations - Technical Safety Act (Nova Scotia)

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.
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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

Gas registration terms and conditions

Safety and flame safeguard controls

Interpretation and Application

Citation

1 These regulations may be cited as the Fuel Safety Regulations.

Definitions

2 (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,

(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;

(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

3 (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;

(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

5 (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;

(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

9 (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

10 (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;

(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

12 (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;

(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

13 (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

14 (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

15 (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;

(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

19 (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;

(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

22 (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

25 (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;

(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

26 (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

27 (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 FS inspector considers necessary, and any terms and conditions imposed must be 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

30 (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

31 (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;

(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

32 (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 31.

Yellow tag system

33 (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);

(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;

(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

34 (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

35 (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;

(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;

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

38 (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;

(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;

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;

(d) carrying out work described under Sections 48 to 52 for a class of gas business licence.

Producing gas business licence on request

40 (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;

(d) class 3 industrial gas business licence;

(e) class 4 natural gas dispensing station gas business licence.

Applying for gas business licence

42 (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;

(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

44 (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

46 (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

47 (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;

(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 terms and conditions the FS chief inspector considers appropriate.

Class 1 gas storage/distribution gas business licence

48 (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;

(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;

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

51 (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;

(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

52 (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

53 (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

54 (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;

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

56 (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;

(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

57 (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;

(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

59 (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

60 (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

61 (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 58.

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

63 (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 by 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;

(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;

(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

67 (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;

(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;

(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

71 (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;

(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

72 (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

73 (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;

(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

76 (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;

(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.

(2) The FS chief inspector may impose any terms and conditions on a gas operator 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

81 (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

83 (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

84 (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

85 (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;

(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

86 (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

87 (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

88 (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;

(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;

Applying for oil burner technician licence

91 (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;

(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

92 (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

93 (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

95 (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.

Gas registration terms and conditions

99 A gas business licence holder must not violate the terms and conditions of a gas registration.

Safety and flame safeguard controls

100 An oil burner technician must not make any safety or flame safeguard control inoperative.

The current consolidation of the Fuel Safety Regulations made under the Technical Safety Act includes all of the following regulations:

The following regulations are not yet in force and are not included in the current consolidation:

*See subsection 3(6) of the Regulations Act for rules about in force dates of regulations.

ad. = added am. = amended	fc. = fee change ra. = reassigned	rep. = repealed rs. = repealed and substituted
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	Effective date
1	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
2	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

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.

N.S. Regulation	In force date*	How in force	Royal Gazette Part II Issue

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.