Fairness at the Pumps Act (S.C. 2011, c. 3)

Assented to 2011-03-23

 The Act is amended by adding the following after section 35:

Marginal note:Due diligence defence

35.1 A person may not be convicted of an offence under this Act — other than for a contravention of any of paragraphs 30(b) to (e) or subsection 32(1) — if they establish that they exercised due diligence to prevent the commission of the offence.

R.S., c. W-6WEIGHTS AND MEASURES ACT

Marginal note:1995, c. 1, par. 63(2)(d)

 The definition “inspector” in section 2 of the Weights and Measures Act is replaced by the following:

“inspector”

« inspecteur »

“inspector” means a person who is designated under subsection 16.1(1) to verify compliance with this Act;

 The portion of section 8 of the Act before paragraph (a) is replaced by the following:

Marginal note:Use of devices

8. No trader shall use, or have in their possession for use, in trade, any device unless

 Subsection 9(1) of the Act is replaced by the following:

Marginal note:Marking commodities for sale
  • 9. (1) No trader shall sell, offer for sale or have in their possession for sale on the basis of number or measure any commodity, unless its quantity is stated accurately within prescribed limits of error and in the manner prescribed in terms of number or units of measurement of length, area, volume or capacity, or mass or weight on the following items, as may be prescribed:

    • (a) the commodity;

    • (b) the package containing the commodity; or

    • (c) a shipping bill, bill of lading or other document accompanying the commodity.

  •  (1) Paragraph 10(1)(d) of the Act is replaced by the following:

    • (d) respecting the manner in which inspectors shall carry out their functions under this Act;

  • (2) Subsection 10(1) of the Act is amended by adding the following after paragraph (e):

    • (e.1) prescribing a period, in relation to any category of trade or any class, type or design of device, for the purposes of subsection 15(1);

  • (3) Paragraph 10(1)(g) of the French version of the Act is replaced by the following:

    • g) préciser les cas où un commerçant doit signaler l’emplacement d’un instrument dont il a la propriété ou la possession en vue du commerce et les modalités de son rapport;

  • (4) Paragraphs 10(1)(k) and (l) of the Act are replaced by the following:

    • (k) respecting the detention of things seized and detained under paragraph 17(1)(c);

    • (l) respecting the disposition of things forfeited under section 41;

  • (5) Subsection 10(1) of the Act is amended by adding the following after paragraph (q):

    • (q.1) designating any class of examination or other service provided by an inspector under this Act as a class of examination or service to which any fees prescribed, or charges payable, under this Act do not apply;