Thermo-Stat Mechanical Ltd. Pleads Guilty

TSSA Media Release - Full Story

GUELPH CONTRACTOR PLEADS GUILTY TO SAFETY VIOLATION

FOR IMMEDIATE RELEASE (Burlington, ON, July 23, 2008). Gordon Carl Smith, owner of Thermo-Stat Mechanical Ltd., recently pled guilty to knowingly providing false information during a fuel safety inspection, contrary to provincial requirements under the Technical Standards and Safety Act, 2000 (the Act).

The Ontario Court of Justice in Burlington fined the defendant $8,000, plus the 25% Victim Surcharge, given the circumstances of the case.

In November of 2005, Stone Gate Properties, property management at 1400 Plains Road East in Burlington, hired Thermo-Stat Mechanical Ltd. as a heating contractor, whereupon Gordon Carl Smith installed a natural gas unit heater at that location. During a service call in January of 2006, another heating contractor discovered several deficiencies with the installation, immediately shut off the gas supply and contacted the Fuels Safety Division of the Technical Standards and Safety Authority (TSSA). Upon TSSA investigation, the unsafe condition of the heater was confirmed, and a meeting with Smith was arranged.

During an interview on January 10, 2006, Smith knowingly presented false information, purporting to possess a valid Gas Technician Certificate which, upon closer examination, belonged to the defendant’s father. TSSA records determined that Gordon Carl Smith did not possess any valid certification, and he was subsequently charged with knowingly providing false information during a fuel safety inspection, contrary to the Act.

Gordon Carl Smith appeared in court on July 21, 2008 and subsequently pled guilty.

“Knowingly obstructing, hindering or providing an inspector with false information during a fuel safety inspection is a serious offense,” says John Marshall, Director of TSSA’s Fuels Safety Program. “In Ontario, all agents employed in the installation, repair or servicing of natural gas appliances must possess valid certification, as per Ontario Regulation 215/01, Fuel Industry Certificates.

"Prosecution for non-compliance is an important tool of enforcement," says Marshall. "However working with stakeholders toward compliance and cooperation, often in proactive partnership, is the cornerstone of fuels safety."