Bulletin T-2—Implementation of thermal energy meter requirements

Category: Thermal energy
Issue date: 2021-06-04
Effective date: 2021-06-04
Revision number: N/A
Supersedes: V-31

Table of contents

• 1.0 Purpose
• 2.0 Scope
• 3.0 References
• 4.0 Requirements related to thermal energy meters
  • 4.1 Implementation schedule
  • 4.2 Approval of thermal energy meters
  • 4.3 Examination and certification of thermal energy meters
  • 4.4 Exemptions under section 7 of the Regulations
    • 4.4.1 Conditions for a section 7 exemption
    • 4.4.2 Written notice for a section 7 exemption
  • 4.5 Unapproved and uncertified thermal energy meters used in trade
• Table 1: Use of unapproved and uncertified meters in trade
• 5.0 Complaints

1.0 Purpose

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

2.0 Scope

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

3.0 References

• Weights and Measures Act
• Weights and Measures Regulations
• Terms and Conditions for the Approval of Thermal Energy Meters
• T-1—Approval of Thermal Energy Meters

4.0 Requirements related to thermal energy meters

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

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

4.1 Implementation schedule

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

• As of July 1, 2019, all newly installed thermal energy meters used in trade must be approved, examined and certified as meeting the requirements of the Act and Regulations (see sections 4.2 and 4.3 of this bulletin for more details). In the absence of an approved and certified meter, the conditions for an exemption under section 7 of the Regulations must be met (see section 4.4 of this bulletin for more details).
• As of January 1, 2026, all unapproved and unexamined thermal energy meters that are not exempt under section 7 of the Regulations will no longer be allowed to be used in trade (see section 4.5 of this bulletin for more details).

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

4.2 Approval of thermal energy meters

Thermal energy meters used in trade must be approved as per paragraph 8(a) of the Act. To be approved, they must meet the Terms and Conditions for Approval of Thermal Energy Meters. Bulletin T-1—Approval of Thermal Energy Meters describes how to have a thermal energy meter approved.

MC issues a notice of approval for thermal energy meters that have been approved for use in trade and assigns them an approval number. Notices of approval can be found in MC's notice of approval database.

4.3 Examination and certification of thermal energy meters

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

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

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

MC will likely not be able to provide examination services for all types of thermal energy meters or those installed in certain locations until January 1, 2021. If you install an approved thermal energy meter for use in trade prior to examination services being available, MC will work with you to determine an appropriate solution.

MC is currently developing alternative service delivery programs, including the registration and accreditation of authorized service providers.

4.4 Exemptions under section 7 of the Regulations

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

• Use of an approved device: paragraph 8(a);
• Use of a device certified by an inspector: paragraph 8(b);
• Use of a device for a purpose or in a manner prohibited in an examination certificate or its notice of approval: section 23;
• Use of a device that does not measure within prescribed limits of error: paragraph 24(b); and
• Short measure on sale and over measure on purchase: section 33.

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

4.4.1 Conditions for a section 7 exemption

Section 7 exemptions are available if the following circumstances apply:

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

Until a meter with characteristics appropriate for the intended trade transaction is approved, item a. applies. MC will evaluate item b. on a case-by-case basis. Because MC is now approving thermal energy meters, item b. only applies if examination services are not available for the type of meter or location of the meter (see section 4.3). If both items apply, the following conditions must also be met:

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

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

4.4.2 Written notice for a section 7 exemption

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

• technical specifications and the model and serial number(s) for the thermal energy meter(s) being used;
• a true copy of the portions of the contract related to the contract's length as well as the limits of error, calibration method and frequency of the thermal energy meter calibration; and
• calibration certificates, test reports or equivalent indicating that the meter meets the limits of error specified in the contract.

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

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

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

4.5 Unapproved and uncertified thermal energy meters used in trade

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

• Unapproved and uncertified meters installed before July 1, 2019, may be used in trade until January 1, 2026.
• Unapproved and uncertified meters installed on or after July 1, 2019, must qualify for a section 7 exemption on the date of their installation and may be used in trade until January 1, 2026.
• No unapproved or uncertified meters may be used in trade beginning January 1, 2026, except those to which a section 7 exemption applies on that date.
• Meters to which a section 7 exemption applies on January 1, 2026, may continue to be used in trade as long as the conditions of the section 7 exemption are met.
• Any time after January 1, 2026, an unapproved and uncertified meter may be used in trade if the conditions for a section 7 exemption are met.
• Unapproved meters that receive approval after their installation may remain in service after January 1, 2026, as long as they are modified as necessary to match the approved type and meet installation and use requirements. These meters will need to be examined and certified, as detailed in section 4.3.

This information is summarized in the following table.

5.0 Complaints

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

• the Terms and Conditions for the Approval of Thermal Energy Meters, for meters without a section 7 exemption;
• the contract, for meters with a section 7 exemption.

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

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