Superior Propane - Seascapes Gas Tariff · 2016. 8. 4. · Superior Propane ‐ Seascapes Gas Tariff –Original Page 5 of 35 Other Service Charges Means charges for, but not limited

Superior Propane Gas Tariff - Seascapes Development Ltd.

Superior Propane - Seascapes

Gas Tariff

General Terms and Conditions and Rates for Gas Service

The copy of this Gas Tariff posted at the Seascapes Village Association offices is for information purposes only. The official Gas Tariff is available for public inspection at the offices of Superior Propane at 10128 Nordel Court, Delta BC, and at the offices of the British Columbia Utilities Commission, Sixth Floor, 900 Howe Street, Vancouver, British Columbia, V6Z 2N3.

Effective: TBD

Superior Propane ‐ Seascapes Gas Tariff –Original Page 2 of 35

Index

TableofContents Index .............................................................................................................................................. 2 Definitions ..................................................................................................................................... 3 Rate Schedule .......................................................................................................................... 7 Standard Fees and Charges Schedule ........................................................................................ 8 Application For Service .............................................................................................................. 10

1. Application Requirements ............................................................................................... .10 2. Agreement to Provide Service ...................................................................................... ... 11 3. Rate Classification ....................................................................................................... .... 12 4. Application, Installation and Reconnection Fees ......................................................... ....13 5. Security for Payment of Bills ....................................................................................... ....14 6. Service Agreement ........................................................................................................ ...15

Service Facilities ...........................................................................................................................19 7. Service Lines .....................................................................................................................19 8. Meter Sets & Metering ..................................................................................................... 20

Billing ........................................................................................................................................... 23 9. Billing ........................................................................................................................... 23 10. Back Billing ................................................................................................................. 24 11. Administration Charges ............................................................................................... 27

Discontinuance of Service and Refusal of Service ................................................................... 28 12. Discontinuance of Service and Refusal of Service ...................................................... 28

Liability and Indemnity Provisions .......................................................................................... 31 13. Limitations on Liability................................................................................................ 31

Miscellaneous Provisions ......................................................................................................... 33 14. Miscellaneous Provisions.................................................................................................. 33

Appendix A - Reserved for Future Use .................................................................................... 35


Definitions Unless the context indicates otherwise, the following words have the following meanings: Basic Charge Means a fixed monthly charge required to be paid by a Customer for

Service. British Columbia Utilities Commission or BCUC

Means the British Columbia Utilities Commission constituted under the Utilities Commission Act of British Columbia and includes and is also a reference to

i. any commission that is a successor to such commission, and

ii. any commission that is constituted pursuant to any statute that may be passed which supplements or supersedes the Utilities Commission Act of British Columbia.

Conversion Factor Means a factor, or combination of factors, which converts gas meter data to gigajoules or cubic meters for billing purposes.

Cubic Meter (M3) Means the volume of Gas, which occupies one cubic meter under the actual conditions of temperature, pressure and saturation prevailing from time to time at the Meter Set.

Cost of Gas Means the variable commodity cost of gas at the Superior Port Kells, BC supply point, and secondary freight to deliver the Gas to the storage tank at Seascapes as if delivered on the 15th day of the month in which most of the billing days occurred, plus a reasonable margin charge. The Cost of Gas will reflect changes in the propane commodity price. Other charges may be adjusted from time to time, subject to BCUC approval, to primary freight charges, secondary freight charge or annual cost of living.

Customer Means the Person who is being provided Service or who has filed an application for Service with Superior that has been approved by Superior.

Delivery Point Means the outlet of the Meter Set unless otherwise specified in the Service Agreement.

Delivery Pressure Means the pressure of the Gas at the Delivery Point.

Facility Fee

Means the fee charged by Superior to recover all BCUC approved operating costs and return.


Financial Year Means the fiscal year for Superior which is the calendar year.

Gas or gas Means propane (including odorant added by its Gas supplier).

Gas Service See “Service”.

General Terms & Conditions of service

Means these general terms and conditions of service from time to time and approved by the British Columbia Utilities Commission.

Gigajoule Means a measure of energy equal to one billion joules.

Heat Content Means the quantity of energy per unit volume of Gas measured under standardized conditions and expressed in mega joules per cubic metre (MJ/m3).

Landlord A Person who, being the owner of a property, has leased or rented it to another person, called the Tenant, and includes the agent of the Landlord.

Main Means pipes used to carry Gas for general or collective use for the purposes of distribution.

Main Extension Means an extension of one of Superior's distribution mains, and includes the installation of any required pressure regulating facilities and upgrading of existing mains or pressure regulating facilities, but does not include the installation of Service Lines or Meter Sets.

Meter Set Means an assembly of Superior owned metering and ancillary equipment and piping.

Month Means a period of time, for billing purposes, of normally from 25 to 32 consecutive days, but may be a lesser period of time when Gas Service is activated, discontinued or disconnected.


Other Service Charges Means charges for, but not limited to, alterations and repairs, reconnection, removal of materials (such as ice or snow), financing, returned cheque charges and late payment charges, Social Service Tax, Goods and Services Tax or other taxes related to these charges.

Person Means a natural person, partnership, corporation, society, unincorporated entity or body politic.

Premises Means a building, a separate unit of a building, or machinery together with the surrounding land.

Rate Schedule Means a schedule included in and forming part of this Tariff, which sets out the charges for Service and related terms and conditions, as approved from time to time by the BCUC.

Residential Premises Means the Premises of a single Customer, whether single family dwelling, separately metered single-family townhouse, row house, or apartment, or single-metered apartment blocks with four or less apartments.

Residential Service See “Service”

Seascapes Seascapes Development Ltd, a 100-unit residential strata development located between Horseshoe Bay and Lions Bay, British Columbia.

Service Means the provision of Gas supplied to one Delivery Point and through one (1) Meter Set for use in Residential Premises in approved appliances.

Service Agreement Means an agreement between Superior and a Customer for the provision of Service. Please see the Superior Propane General Retail agreement document.

Service Area Means the area including, but not limited to, the location and surrounding areas of Seascapes.


Service Line Means that portion of Superior’s gas distribution system extending from a Main to the inlet of the Meter Set.

Service Related Charges Include, but are not limited to application fees, Service Line installation fees, Meter Set fees and late payment charges, plus Social Services Tax, Goods and Service Tax, or other taxes related to these charges.

Standard Fees & Charges Schedule

Means the schedule forming part of this Tariff which lists the various fees and charges relating to service provided by Superior as approved from time to time by the BCUC.

Superior Superior Propane, a division of Superior Plus LP, as to the assets owned by Superior at Seascapes, to receive, store, distribute and measure gas supplied to Customers at Seascapes.

Superior's Costs Means the total of all direct costs incurred by Superior for a service provided to a Customer including, but not limited to, labour, materials and equipment, as well as any other costs that may reasonably arise in preparation for or during completion of the work, plus a reasonable allowance for Superior’s overhead costs.

Superior System

Means the Gas distribution system owned and operated by Superior at Seascapes, as such system is expanded, reduced or modified from time to time.

Temporary Service Means the provision of Service for what Superior determines will be a limited period of time.

Tenant A Person under lease or tenancy agreement or who has the temporary use and occupation of real property owned by another Person.

Year Means a period of 12 consecutive Months.

Seascapes – Superior Gas Tariff General Terms and Conditions – Original Page 7 of 35

Rate Schedule – Seascapes

Service will be provided to all Customers at Seascapes by Superior Propane provided all capacity exists in the Superior Propane system.

Customer Rate for Gas Services:

1. Basic Charge of $18.00 per month. Minimum Charge per month will be the Basic Charge.

2. Cost of Gas (as defined, the cost of propane delivered to the storage tank at Seascapes, as if it was delivered on the 15th day of the month in which most of the billing days occurred).

3. Facility Fee: This fee is charged to recover all of Superior’s approved costs of operation plus an approved return for Superior Propane, net of revenue recovered via the Basic Charge.


Standard Fees and Charges Schedule

Service Related Charges - The following standard fees and charges will be applicable to the provision of Gas Service to applicants or Customers.

Description Amount

Administration Charges:

1. Application Fee $75.00

2. Change of Billing Address 0

3. Late Payment Charge 2% per month compounded monthly (26.82% per annum) on outstanding balance as defined in Section 12.

4. Returned Cheque Charge $25.00

Installation Fees:

5. Residential Meter Set & Tie In $150.00

6. Residential Manifold Meter Set & Tie In $225.00

7. Commercial Meter Set & Tie In $150.00


8. Removal and testing of meter at the Customer's request (subject to Section 8.3) - per meter, per request

$300 per meter

9. Removal and testing of meter at Superior's request - charge per meter, per request $0.00

10. Removal of Materials (including, but not limited to snow & ice) away from a meter (subject to Section 8.11)

• Charge per meter for first occurrence $75.00

• Charge per meter for additional occurrences $150.00

11. Special Meter Reading - per occurrence $150.00

12. Reconnection Fee (where the Meter Set has NOT been removed) - Per occurrence $75.00

13. Reconnection Fee (where the Meter Set has been removed) - Per occurrence $150.00

14. Resetting of meter and regulator (at the Customer's request) - Per occurrence$75.00 per hour plus

materials

15. Move meter from inside to outside of premises at the Customer's request - Removing, testing & replacing Meter Set

$75.00 per hour plus materials

16. Where other services are performed (including line hits), costs shall be: $75.00 per hour plus

materials

Other Service Charges - The following standard fees and charges will be applicable for the specific services listed below.


Application for Service

1. Application Requirements

1.1 Requesting Services - A Customer or applicant requesting Superior Propane

a. to provide Gas Service,

b. to provide a new Service Line,

c. to re-activate an existing Service Line,

d. to transfer an existing account,

e. to change the Service provided, or

f. to make alterations to an existing Service Line or Meter Set,

Shall apply to Superior by mail, by telephone, by facsimile or by other electronic means acceptable to Superior.

2. Required Documents - An applicant for Gas Service may be required to sign an application and a Service Agreement provided by Superior (General Retail Agreement). The form when signed by the Customer and accepted by a duly authorized employee of Superior Propane becomes the contract for Service under which the Gas is delivered and purchased.

3. Required References – Superior Propane may require an applicant for Service to provide reference information and identification acceptable to Superior.

4. Security Deposit – Superior Propane may request a security deposit from an applicant for Service as set out in Section 5 (Security for Payment of Bills).

5. Refusal of Application – Superior Propane may refuse to accept an application for Service for any of the reasons listed in Section 13 (Discontinuance of Service and Refusal of Service).


2. Agreement to Provide Service

2.1 Service Agreement - The agreement for Service between a Customer and Superior

will be:

(a) the oral or written application of the Customer which has been approved by Superior and which is deemed to include this Tariff, or

(b) A Service Agreement signed by the Customer.

2.2 Customer Status - A Person becomes a Customer of Superior when

Superior (a) approves the Person’s application for Service, or (b)

provides Service to the person.

A Person who is being provided Service by Superior but who has not applied for Service shall be served in accordance with this Tariff.

2.3 Separate Premise/Businesses - If an applicant is requesting Service from Superior at more than one Premises, or for more than one separately operated business, the applicant will be considered a separate Customer for each of the Premises and businesses (subject to Section 13.1 (c). For the purposes of this provision, Superior will determine whether or not any building contains one or more Premises or any business is separately operated.

2.4 Rental Premises - In the case of rental premises, Superior Propane will

a. contract directly with the owner or agent of the rental Premises as a Customer of Superior with respect to any or all Services to the Premises, or contact directly with each Tenant as a Customer of Superior.

2.5 Access to Premises – Superior’s agreement to provide Service to an applicant or Customer is conditional upon Superior having a right of access to its equipment as set out in Section 6.8 (Access to Premises and Equipment).


3. Rate Classification

3.1 Special Contracts - In exceptional circumstances, special contracts may be negotiated

between Superior and the Customer and submitted for BCUC approval where

a. a minimum rate or revenue stream is required by Superior to ensure that Service to the Customer is economic;


4. Application, Installation and Reconnection Fees

4.1. Application and Service Installation Fees - An applicant for Service shall pay the applicable application, Service Line installation and Meter Set fees as set out in the Standard Fees and Charges Schedule. Where the Service Line is required to serve more than one Customer with Customers connected to a meter manifold, then the costs of the Service Line and meter manifold shall be equitably shared by each applicant.

4.2. Waiver of Application or Reconnection Fee - The application or reconnection fee

a. will be waived by Superior if Service to a Customer is reactivated after it was discontinued for any of the reasons described in Section 6.7 (a) (Right to Restrict), and

b. may be waived by Superior if a Landlord requires Gas Service for a short period between the time a previous Tenant moves out and a new Tenant moves in.

4.3. Reconnection Charges –

(a) If Service is terminated

i. at the request of a Customer, or

ii. for any of the reasons described in Section 13 (Discontinuance of Service and Refusal of Service) other than as necessitated by repairs to Superior's system or failure of gas supply, or

iii. to permit Customers to make alterations to their Premises, and

(b) the same Customer or the spouse, employee, contractor, agent or partner of the same Customer requests reactivation of Service to the Premises,

The applicant for reconnection shall pay the appropriate reconnection fee as indicated in the Standard Fees and Charges Schedule, together with any other indebtedness, any and all additional charges incurred in the collection of a delinquent account, and any other reactivation costs which may be incurred by Superior in reactivating Service.


5. Security for Payment of Bills

5.1 Security for Payment of Bills - If a Customer or applicant cannot establish or maintain credit to the satisfaction of Superior, the Customer or applicant may be required to pay COD or be setup as an automatic pay customer via a credit card.


6. Service Agreement

6.1 Initial Term for Residential Service - The initial term of the Service Agreement will be 5 years, except as provided in Section 6.2 (Initial Term for Gas Service under Special Contracts).

6.2 Initial Term for Gas Service under Special Contracts - If a Customer is being provided Gas Service under a Special Contract, the initial term of the Service Agreement will be as specified in the Service Agreement.

6.3 Commencement of Use of Gas - The Customer agrees to commence using gas on the Premises from the date of installation of the Meter Set, or failing to so commence using gas, to pay Superior's minimum monthly charge as specified in the Table of Charges until such time as Gas is used in the premises.

6.4 Renewal of Agreement - Unless

a. the Service Agreement specifies otherwise, or

b. the Service Agreement is terminated under Section 6.12 (Termination of Service

Agreement), the Service Agreement will be automatically renewed at the end of

its initial term

6.5 Supply and Authorized Consumption

a. Regular Supply - Superior will use all reasonable efforts to provide the constant delivery of Gas and the maintenance of unvaried pressures.

b. Waste of Gas - The Customer shall use due care to prevent any waste of gas and will immediately notify Superior in case of failure of equipment or leakage of gas.

6.6 Unauthorized Resale / Use - Unless authorized in writing by Superior, a Customer shall not resell Gas supplied to it by Superior to other Persons or use Gas supplied to it by Superior for any purpose other than as specified in the Service Agreement.

6.7 Interruption of Service

a. Right to Restrict - Superior may require any of its Customers, at all times or between specified hours, to discontinue, interrupt or reduce to a specified degree or quantity, the delivery of Gas for any of the following purposes or reasons:


i. in the event of a temporary or permanent shortage of Gas, whether actual or perceived by Superior,

ii. in the event of a breakdown or failure of the supply of Gas to Superior or of Superior’s Gas storage or distribution systems,

iii. in order to comply with any legal requirements,

iv. in order to make repairs or improvements to any part of Superior’s Gas distribution or storage systems,

v. in the event of fire, flood, explosion or other emergency in order to safeguard Persons or property against the possibility of injury or damage.

b. Notice - Superior will, to the extent practicable, give notice of its requirements and removal of its requirements under Section 6.7 (a) (Right to Restrict) to its Customers by

i. newspaper, radio or television announcement, or

ii. notice in writing that is sent through the mail to the Customer’s billing address, left at the Premises where Gas is delivered, served personally on a Customer, or sent by facsimile or other electronic means to the Customer, or

iii. oral communication.

c. Failure to Comply - If, in the opinion of Superior, a Customer failed to comply with any requirement under Section 6.7 (a) (Right to Restrict), Superior may, after providing notice to the Customer in the manner specified in Section 6.7 (b) (Notice), discontinue Service to the Customer.

6.8 Access to Premises and Equipment

a. As a condition of Service, Superior has a right of entry to the Customer’s Premises. The Customer will provide free access to its Premises at all reasonable times to Superior’s authorized employees, contractors, and agents for the purposes of reading, testing, repairing or removing meters and ancillary equipment, turning Gas on or off, completing system leakage surveys, stopping leaks, examining pipes, connections, fittings and appliances and reviewing the use made of Gas delivered to the Customer, or for any other related purpose which Superior requires.

b. When a Customer who has requested a service call, or who has been given advance notice of a required service, will not permit Superior to provide service during normal business hours of Superior, the Customer will be required to pay overtime costs in addition to all applicable service charges.


c. Upon request, Superior's employee or authorized agent must show valid Superior identification prior to entering the Premises.

d. In situations of perceived emergency, Superior may use reasonable force in securing access to its equipment for inspection, disconnection and repair.

e. Free access to the storage tank area and equipment area will be provided at all reasonable times to Superior’s authorized employees, contractors, and agents for the purposes of reading, testing, repairing or removing equipment and ancillary equipment, turning Gas on or off, completing system leakage surveys, stopping leaks, examining pipes, connections, fittings and appliances and reviewing the use made of Gas delivered to the Customer, or for any other related purpose which Superior requires. The area around the storage tank must be kept clear of vegetation. Superior will maintain the storage and vaporizing equipment.

6.9 Easements & Right-of-Way - If the Customer is not the owner of the Premises or intervening property between the Premises and Superior's mains, the Customer shall obtain for Superior from the proper owner the necessary consent or easement in writing for the installation and maintenance at said Premises and in or about such intervening property, of all necessary facilities for supplying Gas. Superior reserves the right to proceed with rights-of-way acquisition if deemed desirable.

6.10 Authority of Work - No changes, extensions, connections to or replacement of, or disconnection from Superior's Mains, Service Lines, or Meter Sets, shall be made except by Superior's authorized employees, contractors or agents or by other Persons authorized in writing by Superior.

6.11 Termination of Service Agreement - The following terms apply to termination of any Service Agreement.

a. The Customer is responsible for, and shall pay for, all Gas delivered to the Premises and is responsible for all damages to and loss of Meter Sets or other Superior property on the Premises until the Service Agreement is terminated.

b. The Customer is not released from any previously existing obligations to Superior under the Service Agreement by terminating the Agreement.

c. After receiving a termination notice for a Premises and after a reasonable period of time during which a new Customer has not applied for Gas Service at the Premises, Superior may seal off the Service Line to the Premises.


d. In the event the supply of Gas is cut off for any reason, Superior is not obligated to remove the Service Line installed on or in the Customer's property.

e. Unless the Service Agreement specifies otherwise, Superior may terminate the Service Agreement for any reason by giving the Customer 48 hours written notice.


Service Facilities

7. Service Lines

7.1. Provided Installation - If Superior's Main is adjacent to the Customer's Premises, Superior will designate the location of the Service Line on the Customer's Premises and determine the amount of space that must be left unobstructed around it, and will install the Service Line from the Main to the Meter Set on the Customer's Premises at the charges set out in the Standard Fees and Charges Schedule. Any request by the Customer to extend the Service Line beyond the designated location or to enter the Premises at a different point or follow a different route than designated by Superior will be subject to approval of Superior and agreement for payment by the Customer of all additional costs.

7.2. Temporary Service - A Customer applying for Temporary Service must pay Superior in advance for the costs which Superior estimates it will incur in the installation and subsequent removal of the facilities necessary to supply Gas to the Customer.

7.3. Site Preparation Standards – The Customer will be responsible for all necessary site preparation to the standards established by Superior. Superior reserves the right not to install a Service Line, if, in Superior's opinion, the finished soil grade has not been achieved or other site installation conditions have not been met. Should Superior find that the finished soil grade has changed and an installed Service Line has less than minimum ground cover, or other unsafe conditions exist, the Customer may be directed by Superior to re-install sufficient ground cover and remedy any other conditions to meet Superior's standards. This work will be performed by the Customer at its cost or may, at Superior’s discretion, be performed by Superior at the Customer's cost.

7.4. Timing of Installation - The timing of installation of facilities will be determined by Superior.

7.5. Winter Construction - If an applicant or Customer applies for Service which requires construction when, in Superior's opinion, frost conditions may exist, Superior may postpone the required construction until the frost conditions no longer exist.

If Superior carries out the construction, the applicant or Customer will be required to pay all costs incurred due to the frost conditions.

7.6. Unusual Site Conditions - If an applicant or Customer applies for Service that requires construction which, in Superior's opinion, involves site conditions that may affect its ability to complete the installation in a safe and cost effective manner, Superior may postpone the required construction until these conditions are remedied to Superior’s


satisfaction. If Superior carries out the construction, the applicant or Customer will be required to pay all costs incurred due to the unusual site conditions.

7.7. Additional Connections - If a Customer requests more than one Service connection to the Premises, Superior may install the additional Service Line, will charge the Customer the Application Fee and the cost of the additional installations and will bill all Gas consumed through the additional Service connection from a separate meter and account. Should the Customer request the discontinuance or disconnection of a second or multiple Service connection, all related costs shall be at the Customer’s expense, and the Customer shall assume liability for any facilities which are not removed by Superior.

7.8. Customer Requested Change in Location - Any change in the location of an existing Service Line shall be subject to Superior’s approval in writing, and will be at the Customer’s expense if the change is requested by the Customer or necessitated by the actions of the Customer.

7.9. Maintenance - Superior will maintain the Service Line. Superior will charge the Customer with the cost of repairing the Service Line in the event the damage is caused other than by negligence of Superior or ordinary wear and tear.

7.10. Excavation Notice -The Customer undertakes to advise Superior in advance of any excavation work to be conducted on the Premises and shall immediately advise of any damage occurring to the service installation.

7.11. Prohibition - A Customer shall not construct any permanent structure over a Service Line or install any air intake openings or sources of ignition, which contravene government regulations, codes or Superior’s policies.

8. Meter Sets & Metering

8.1 Installation - In order to bill the Customer for Gas delivered, Superior will install one or more Meter Sets on the Customer's Premises. All Meter Sets will be located at locations designated by Superior on the Customer's Premises or elsewhere as may be approved by Superior.

8.2 Measurement - The quantity of Gas delivered to the Premises will be metered using apparatus approved by Measurement Canada or any other subsequent or successor government agency. The amount of Gas registered by the Meter Set during each billing period will be billed in in accordance with the electricity and gas inspection act.


8.3 Testing Meters - If a Customer applies for the testing of a Meter Set and

a. the Meter Set is found to be recording incorrectly, the cost of removing and testing the meter will be borne by Superior subject to Section 14.4 (Responsibility for Meter Set), and

b. if the testing indicates that the Meter Set is recording correctly, as defined by the Electricity and Gas Inspection Act, the Customer shall pay Superior for the cost of removing and testing the Meter Set as set out in the Standard Fees and Charges Schedule.

8.4 Defective Meter Set - If a Meter Set ceases to register, Superior will estimate the volume of Gas delivered to the Customer according to the procedures set out in Section 11 (Back Billing).

8.5 Delivery Pressure - The normal Delivery Pressure is 2 PSI or 13.789 kPa. Superior may charge Customers who require Delivery Pressure at other than the normal Delivery Pressure the additional costs associated with providing other than the normal Delivery Pressure.

8.6 Temporary Service - A Customer that has applied for Temporary Service must pay Superior in advance for the costs which Superior estimates it will incur in the installation and subsequent removal of metering facilities necessary to supply Gas to the Customer.

8.7 Customer Requested Meter Relocation or Modifications - Any change in the location of a Meter Set or related equipment, or any modifications to the Meter Set, including automatic and/or remote meter reading shall be subject to Superior’s approval in writing, and will be made at the expense of the Customer if the change or modification is requested by the Customer or necessitated by the actions of the Customer. If any of the changes to the Meter Set or related equipment require Superior to incur ongoing incremental operating and maintenance costs, Superior may recover these costs from the Customer through a monthly charge.

8.8 Protection of Equipment - The Customer shall take reasonable care of and protect all Meter Sets and related equipment on the Customer's Premises. This includes, but is not limited to protection from: water runoff from roof or deck surfaces; accumulation or unloading of snow; and accidental damage from vehicles. The Customer's responsibility for expense, risk and liability with respect to all Meter Sets and related equipment is set out in Section 14.4 (Responsibility for Meter Set).

8.9 Installation of Safety Devices for Protection of Meters – Where in the opinion of Superior's staff, safety devices need to be installed to protect a Meter Set from damage, the Customer shall install such safety devices within 30 days of Superior's written notice to do so. If the Customer does not perform the required work within this period, then Superior will make arrangements and invoice the Customer at Superior's Costs.


8.10 Notice to Remove Ice and Snow and Discontinuance of Service – It is the Customer’s responsibility to protect the Meter Set from ice and snow in accordance with government regulations, codes and Superior’s policies. Should the Meter Set not be suitably protected from ice and snow, then:

a. should the Customer fail to comply with a notice by Superior to remove the ice or snow, Superior may arrange to have the work performed and will invoice the Customer at Superior's Costs, subject to a minimum charge for removal of materials which is set out in the Standard Fees and Charges Schedule, or

b. should Superior determine that continued service is deemed to be dangerous, Superior will discontinue Service as provided under Section 13.2 (Discontinuance or Refusal Without Notice) until such time as the problem is rectified and the Meter Set is protected. If service is disconnected, then Superior will advise the Customer in person, via telephone or mail to the address on record.

8.11 Removal of Meter Set – At the termination of a Service Agreement, Superior may disconnect or remove a Meter Set from the Premises if a new Customer is not expected to apply for Service at the Premises within a reasonable time.


Billing

9. Billing

9.1 Basis for Billing - Superior will bill the Customer in accordance with the Rate Schedule and the Standard Fees and Charges Schedule contained in this Tariff. The Customer shall promptly inform Superior of any and all changes to its billing address, including any changes to other personal information such as telephone and fax numbers.

9.2 Taxes - All rates, fees and charges are subject to applicable federal, provincial and municipal taxes.

9.3 Meter Measurement - Superior will measure the quantity of Gas delivered to a Customer using a Meter Set and the starting point for measuring delivered quantities during each billing period will be the finishing point of the preceding billing period.

9.4 Estimates - For billing purposes, Superior may estimate the Customer's meter readings if, for any reason, Superior does not obtain a meter reading.

9.5 Estimated Final Reading - If a Service Agreement is terminated under Section 6.11 (Termination of a Service Agreement), Superior may estimate the final meter reading for final billing.

9.6 Incorrect Register - If any Meter Set has failed to measure the delivered quantity of Gas correctly, Superior may estimate the meter reading for billing purposes, subject to Section 11 (Back-Billing).

9.7 Bills Issued - Superior may bill a Customer as often as Superior considers necessary but generally will bill on a monthly basis.

9.8 Bill Due Dates - The Customer shall pay Superior’s bill for Service within 15 days of the meter reading date shown on the customer’s bill. Superior shall be entitled to charge and Customer agrees to pay a service charge on all overdue balances calculated at the rate of 2% per month compounded monthly (26.82% annually). Any credit granted by Superior to Customer, in any amount, shall be subject to prior credit approval. Customer expressly authorizes Superior to obtain from, and disclose to, any credit or customer reporting agency (or to any other credit grantors with whom Customer has or proposes to have financial relations) any and all information pertaining to Customer's credit standing, in compliance with applicable privacy legislation.


9.9 Responsibility for Payment - Where the Customer is not the owner of the Premises and any bill is not paid as prescribed by this Tariff,

a. the owner of the Premises shall be deemed to be the Person responsible for immediate payment of the delinquent account, or

b. where the owner of a property has changed as a result of a change in property title, it is the responsibility of the new owner to ensure that any outstanding bills against the property are paid before the transfer of the title to the purchaser or have been included in the Statement of Adjustments.

10. Back Billing

10.1 When Required - Superior may, in the circumstances specified herein, charge, demand, collect or receive from its Customers in respect of a Service rendered there under a greater or lesser compensation than that specified in the subsisting schedule applicable to that Service.

In the case of a minor adjustment to a Customer's bill, such as an estimated bill, such adjustments do not require back-billing treatment to be applied.

10.2 Definition - Back-billing means the re-billing by Superior for Services rendered to a Customer because the original billings are discovered to be either too high (over-billed) or too low (under-billed). The discovery may be made by either the Customer or Superior, and may result from the conduct of an inspection under provisions of the federal statute, the Electricity and Gas Inspection Act ("EGI Act"). The cause of the billing error may include any of the following non-exhaustive reasons or combination thereof:

a. stopped meter

b. metering equipment failure

c. missing meter now found

d. switched meters

e. double metering

f. incorrect meter connections

g. incorrect use of any prescribed apparatus respecting the registration of a meter

h. incorrect meter multiplier


i. the application of an incorrect rate

j. incorrect reading of meters or data processing

k. tampering, fraud, theft or any other criminal act.

3. Application of Act - Whenever the dispute procedure of the EGI Act is invoked, the provisions of that Act apply, except those which purport to determine the nature and extent of legal liability flowing from metering or billing errors.

4. Billing Basis - Where metering or billing errors occur and the dispute procedure under the EGI Act is not invoked, the consumption and demand will be based upon the records of Superior for the Customer, or the Customer's own records to the extent they are available and accurate, or if not available, reasonable and fair estimates may be made by Superior. Such estimates will be on a consistent basis within each Customer class or according to a contract with the Customer, if applicable.

5. Tampering/Fraud - If there are reasonable grounds to believe that the Customer has tampered with or otherwise used Superior’s Service in an unauthorized way, or there is evidence of fraud, theft or other criminal acts, or if a reasonable Customer should have known of the under-billing and failed to promptly bring it to the attention of Superior, then the extent of back-billing will be for the duration of the unauthorized use, subject to the applicable limitation period provided by law, and the provisions of Sections 10.8 (Under Billing) to 10.11 (Changes in Occupancy), below, do not apply.

In addition, the Customer is liable for the direct administrative costs incurred by Superior in the investigation of any incident of tampering, including the direct costs of repair, or replacement of equipment.

6. Remedying Problem - In every case of under-billing or over-billing, the cause of the error will be remedied without delay, and the Customer will be promptly notified of the error and of the effect upon the Customer's ongoing bill.

7. Over-billing - In every case of over-billing, Superior will refund to the Customer all money incorrectly collected for the duration of the error, subject to the applicable limitation period provided by law.


8. Under-billing - Subject to Section 11.5 (Tampering/Fraud), above, in every case of under-billing, Superior will back-bill the Customer for the shorter of

a. the duration of the error; or

b. twelve months for Residential Service.

9. Terms of Repayment - Subject to Section 11.5 (Tampering/Fraud), above, in all cases of under-billing, Superior will offer the Customer reasonable terms of repayment. If requested by the Customer, the repayment term will be equivalent in length to the back billing period. The repayment will be interest free and in equal instalments corresponding to the normal billing cycle. However, delinquency in payment of such instalments will be subject to the usual late payment charges.

10. Disputed Back-bills - Subject to Section 11.5 (Tampering/Fraud), above, if a Customer disputes a portion of a back-billing due to under-billing based upon either consumption, demand or duration of the error, Superior will not threaten or cause the discontinuance of Service for the Customer's failure to pay that portion of the back-billing, unless there are no reasonable grounds for the Customer to dispute that portion of the back-billing. The undisputed portion of the bill shall be paid by the Customer and Superior may threaten or cause the discontinuance of Service if such undisputed portion of the bill is not paid.

11. Changes in Occupancy - Subject to Section 11.5 (Tampering/Fraud) above, Superior will make a reasonable attempt to locate the former Customer when back-billing, in all instances where changes of occupancy have occurred. If, after a period of one Year, such Customer cannot be located, the applicable over or under billing will be cancelled.


11. Administration Charges

11.1 Administration on Services – Superior will include a reasonable allowance for Superior’s overhead in the charges specified in the Standard Fees and Charges Schedule for new service installations and other services. If Superior experiences additional or unusual administration costs in providing any service, Superior will add those administration costs to its charges or adjust its allowance for overhead to reflect its additional costs.

11.2 Returned Cheque Charge - If a cheque received by Superior from a Customer in payment of a bill is not honoured by the Customer’s financial institution for any reason, Superior will include a charge specified in the Standard Fees and Charges Schedule in the next bill to the Customer for processing the returned cheque whether or not the Service has been disconnected.

11.3 Late Payment Charge - If the amount due for Service, Service Related Charges or Other Service Charges on any bill has not been received in full by Superior or by an agent acting on behalf of Superior on or before the due date specified on the bill, Superior will include in the next bill to the Customer the late payment charge specified in the Standard Fees and Charges Schedule.

11.4 Delinquent Bill Collection Charges - Any and all charges incurred in the collection of a

delinquent gas bill shall be payable to Superior in full by the Customer (or the spouse, employee, contractor, agent or partner of the same Customer) prior to the reconnection of Service to the Customer or related party.

Such charges shall include, but are not limited to, charges incurred through the use of any

collection agencies, or other methods employed in retrieving delinquent payments.

11.5 Historical Billing Information – Customers who request historical billing information will be charged the cost of processing and providing the information.


Discontinuance of Service and Refusal of Service

12. Discontinuance of Service and Refusal of Service

12.1. Discontinuance With Notice and Refusal Without Notice - Superior may discontinue Service to a Customer with at least 48 hours written notice to the Customer or Customer's Premises, or may refuse Service for any of the following reasons:

a. the Customer has not fully paid Superior’s bill with respect to Services on or before the due date,

b. the Customer or applicant has failed to pay any required security deposit, equivalent form of security, or post a guarantee or required increase in it by the specified date,

c. the Customer or applicant has failed to pay Superior’s bill in respect of another Premises on or before the due date,

d. the Customer or applicant occupies the Premises with another occupant who has failed to pay Superior’s bill, security deposit, or required increase in the security deposit in respect of another Premises which was occupied by that occupant and the Customer at the same time,

e. a spouse, contractor, agent or partner of the Customer or applicant, who in Superior’s determination is acting for or in conjunction with the Customer or applicant, and is in breach of the terms and conditions upon which Service is provided under their account with Superior.,

f. the Customer or applicant is in receivership or bankruptcy, or operating under the protection of any insolvency legislation and has failed to pay any outstanding bills to Superior,

g. inability of Superior to gain admittance to the Premises to read the meter for a period of three (3) consecutive months, or

h. the land or portion thereof on which Superior’s facilities are, or are proposed to be, located contains contamination which Superior acting reasonably, determines has adversely affected or has the potential to adversely affect Superior’s facilities, or the health or safety of its workers or which may cause Superior to assume liability for cleanup and other costs associated with the contamination.


Should Superior, acting reasonably, determines that contamination is present it is the obligation of the occupant of the land to satisfy Superior that the contamination does not have the potential to adversely affect Superior or its workers. For the purposes of this Section, "contamination" means the presence in the soil, sediment or groundwater of special waste or another substance in quantities or concentrations exceeding criteria, standards or conditions established by the British Columbia Ministry of Environment, Lands and Parks or as prescribed by present and future laws, rules, regulations and orders of any other legislative body, governmental agency or duly constituted authority now or hereafter having jurisdiction over the environment.

12.2. Discontinuance or Refusal without Notice - Superior may discontinue without notice or refuse the supply of Gas or Service to a Customer for any of the following reasons:

a. the Customer has failed to apply for Service,

b. the Customer or applicant has failed to provide reference information and identification acceptable to Superior, when applying for Service or at any subsequent time on request by Superior,

c. the Customer has defective pipe, appliances, or Gas fittings in the Premises,

d. the Customer uses Gas or has requested the supplying of gas in such a manner as in Superior’s opinion may lead to a dangerous situation.

e. the Customer fails to make modifications or additions to the Customer's equipment which have been required by Superior, or fails to protect Superior’s Meter Set from ice or snow, in order to prevent the danger described under paragraphs (c) and (d),

f. in the event of fire, flood, explosion, or other emergency in order to safeguard persons, or property against the possibility of injury or damage;

g. the Customer breaches any of the terms and conditions upon which Service is provided to the Customer by Superior,

h. the Customer fraudulently misrepresents to Superior its use of Gas or the volume delivered,

i. the Customer vacates the Premises,


j. the Customer's Service Agreement is terminated for any reason,

k. the Customer stops consuming Gas on the Premises,

l. necessary repairs to Superior's system, or

m. failure, temporary or permanent, of the availability of gas.

12.3. Reconnection - Until the reconnection charges as described in Section 4.3 (Reconnection Charges) together within any other indebtedness by the Customer to Superior are paid, Superior may, at its discretion, refuse to reconnect the Gas Service or to supply Gas.


Liability and Indemnity Provisions

13. Limitations on Liability

13.1 Responsibility for Delivery of Gas - Superior, its employees, contractors or agents are not responsible or liable for any loss, damage, costs or injury (including death) incurred by any Customer or any Person claiming by or through the Customer caused by or resulting from, directly or indirectly, installation, presence, maintenance and operation of the Gas Service or any discontinuance, suspension or interruption of, or failure or defect in the supply or delivery of, or refusal to supply, or deliver Gas, or provide Service, unless the loss, damage, costs or injury (including death) is directly attributable to the gross negligence or wilful misconduct of any its employees, contractors or agents, provided however that Superior, its employees, contractors and agents are not responsible or liable for any loss of profit, loss of revenues, consequential damagers or economic loss even if the loss is directly attributable to the gross negligence or willful misconduct of Superior, its employees, contractors or agents.

13.2 Responsibility after Delivery Point - The Customer is responsible for all expense, risk and liability with respect to the use or presence of Gas after it passes the Delivery Point.

13.3 Responsibility Before Delivery Point - The Customer is responsible for all expense, risk and liability with respect to

a. the use or presence of Gas before it passes the Delivery Point in the Customer's Premises, and

b. Superior-owned facilities serving the Customer's Premises

if any loss or damage is caused, or contributed to, by any act or omission of the Customer or a Person for whom the Customer is responsible.

13.4 Responsibility for Meter Set - The Customer is responsible for all expense, risk and liability with respect to all Meter Sets or related equipment at the Customer's Premises unless any loss or damage is

a. directly attributable to the negligence of Superior, its employees, contractors or agents, or


b. caused by or resulting from a defect in the equipment. The Customer shall prove that negligence or defect.

5. Customer Indemnification - The Customer will indemnify and hold harmless Superior, its employees, contractors and agents from all claims, loss, damage, costs or injury (including death) suffered by the Customer or any Person claiming by or through the Customer or any third party caused by or resulting from the use of Gas by the Customer or the presence of Gas in the Customer's Premises, or from the Customer or Customer's employees, contractors or agents damaging Superior’s facilities.

6. Force Majeure - Notwithstanding any other term or condition contained herein, neither party shall be liable to the other for failure to carry out its obligations hereunder when such failure is caused by force majeure as hereinafter defined. The term force majeure means civil disturbance, industrial disturbances (including strikes and lockouts), arrests and restraints of rulers or people, interruptions by government or court orders, present or future valid orders of any regulatory body having proper jurisdiction, acts of public enemy, wars, riots, blockades, insurrections, failure or inability to secure materials, permits or labours by reason or priority regulations, or orders of government, serious epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts, explosions, breakage or accident to machinery or lines of pipes, or pipelines, temporary failure of gas supply, an act or omission (including failure to deliver gas) of supply of gas to the Superior, or any other causes or circumstances to the extent such cause or circumstance was beyond the control of and occurred without negligence on the part of the party prevented from carrying out its obligations by the act of force majeure.

Any causes or contingencies which entitle a party to claim force majeure shall not relieve it from liability in the event of its concurring negligence, or in the event of its failure to use due diligence to remedy the situation or remove the cause in an adequate manner and with all reasonable dispatch, nor shall such causes and contingencies affecting the performance of the obligations hereunder relieve either party from the obligation to make payments of amounts then due or thereafter accruing due hereunder. It is understood and agreed that the settlement of strikes or lockouts shall be entirely at the discretion of the party affected.


14. Miscellaneous Provisions

14.1 Taxes - The rates and charges specified in the applicable Table of Charges do not include any local, provincial or federal taxes, assessments or levies imposed by any competent taxing authorities who Superior may be lawfully authorized or required to add to its normal rates and charges or to collect from or charge to the Customer.

14.2 Conflicting Terms and Conditions - Where anything in this Tariff conflicts with terms or conditions specified under the Service Agreement, then the terms or conditions in the Tariff shall govern.

14.3 Headings - The headings of the Sections set forth in this Tariff are for convenience of reference only and will not be considered in any interpretation of this Tariff.

14.4 Utilities Commission Act to Prevail - The provisions of the Utilities Commission Act, as amended from time to time, are declared to be incorporated in and to form part of this Tariff. In the event of contradiction, inconsistency or ambiguity, the provisions of the said Statute shall prevail.

14.5 Authority of Agents of Superior - No employee, contractor or agent of Superior has authority to make any promise, agreement or representation not incorporated in this Tariff or in a Service Agreement, and any such unauthorized promise, agreement or representation is not binding on Superior.

14.6 Additions, Alterations and Amendments – This Tariff, including all rates, fees and charges, contained herein may, with the approval of the British Columbia Utilities Commission, be added to, cancelled, altered or amended by Superior from time to time.

14.7 Ownership of Equipment - The title to all Service Lines, meters, regulators, attachments and equipment placed on the Customer's Premise shall remain with Superior, with right of removal, and no charge shall be made by the Customer for use of Premises occupied thereby or for providing access to Superior’s facilities. This paragraph shall not apply to appliances or other goods owned directly by the Customer.

14.8 Change of Ownership of Premises – It is the responsibility of the Customer to ensure that outstanding Gas bills against the Premises are paid before a transfer of title to a new owner. It is similarly the responsibility of a new owner to ensure any outstanding obligations of the Customer are included in the statement of adjustments.


14.9 Services Provided at No Charge - The company shall provide the following services at no additional costs to the Customer:

a. locate mains or service lines to prevent damage to underground facilities as long as a minimum of seven (7) business days’ notice is given. If less notice is given, then Superior, at its discretion may charge a fee in accordance with the Standard Fees and Charges Schedule,

b. respond to gas odour, leak, fume, and no-heat calls, provided the Customer has made repairs to performed any maintenance which Superior advised was required during a previous response or inspection,

c. any preventative maintenance service which in Superior's opinion is required to ensure public and Superior's safety and the maintenance of Superior's equipment, but not including any parts or labour used to repair Customer's equipment.


Appendix A - Reserved for Future Use