An Act respecting weights and measuresWeights and Measures ActWeights and Measures201301

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W-6SHORT TITLE

Short title1.This Act may be cited as the Weights and Measures Act.

• 1970-71-72, c. 36, s. 1.

INTERPRETATION

Definitions2.In this Act,dealerfournisseurdealer means any person who in the course of that person’s business sells, consigns, imports, leases or lends devices;deviceinstrumentdevice means any weight, weighing machine, static measure or measuring machine and includes any equipment and accessories attached to or used in conjunction with the device that have or can have an effect on the accuracy of the device;inspectorinspecteurinspector means a person designated as an inspector pursuant to the Department of Industry Act for the purpose of the enforcement of this Act;local standardétalon locallocal standard means any standard designated by the Minister under section 13;measuremesure et mesurermeasure, when used as a verb, includes weigh and, when used as a noun, includes weight;measuring machineappareil de mesuremeasuring machine means any machine that measures length, area, volume or capacity, temperature or time and has a moving or movable part that has or can have an effect on the accuracy of the machine;MinisterministreMinister means the Minister of Industry;prescribedVersion anglaise seulementprescribed means prescribed by the regulations;reference standardétalon de référencereference standard means a standard that(a)represents or registers a unit of measurement referred to in Schedule I or II or that represents or registers a multiple or fraction of such a unit of measurement,(b)has been calibrated and certified by the National Research Council of Canada, and(c)is or is to be used as a standard for the purpose of determining the accuracy of a local standard;static measuremesure matérialiséestatic measure means any measure that measures length, volume or capacity and does not have a moving or movable part that has or can have an effect on the accuracy of the measure;tradecommercetrade means the selling, purchasing, exchanging, consigning, leasing or providing of any commodity, right, facility or service on the basis of measure and includes the business of providing facilities for measuring;tradercommerçanttrader means any person who trades in the course of business;weighing machineappareil de pesageweighing machine means any machine that measures mass or weight and has a moving or movable part that has or can have an effect on the accuracy of the machine.

• R.S., 1985, c. W-6, s. 2;
• 1992, c. 1, s. 145(F);
• 1995, c. 1, ss. 62, 63.

APPROVAL OF DEVICES BY THE MINISTER

Approval of devices3.(1)The Minister shall, in accordance with the regulations, approve devices or classes, types or designs of devices for use in trade.Temporary approval(2)The Minister may, in any period during which a device or class, type or design of device is being evaluated for approval for use in trade under subsection (1), approve that device or class, type or design of device for use in trade on a temporary basis for such period and under such terms and conditions as the Minister may specify.

• 1970-71-72, c. 36, s. 3;
• 1976-77, c. 28, s. 46.

UNITS OF MEASUREMENT

Basis for units of measurement4.(1)All units of measurement used in Canada shall be determined on the basis of the International System of Units established by the General Conference of Weights and Measures.Basic, supplementary and derived units(2)The basic, supplementary and derived units of measurement for use in Canada and the symbols therefor are as set out and defined in Parts I, II and III of Schedule I, respectively.Customary units(3)In addition to the units of measurement otherwise referred to in this section, the customary units of measurement and the symbols therefor as set out and defined in Part IV of Schedule I may be used in Canada, which units of measurement are commonly used with the International System of Units.Multiples and submultiples of units(4)The prefixes for multiples and submultiples of the units of measurement referred to in subsection (2) and the symbols therefor are as set out and defined in Part V of Schedule I.Canadian units(5)The Canadian units of measurement are as set out and defined in Schedule II, and the symbols and abbreviations therefor are as added pursuant to subparagraph 6(1)(b)(ii).

• 1970-71-72, c. 36, s. 4.

Seigneurial tenure5.Notwithstanding section 7, the units of measurement set out and defined in Schedule III may be used to describe land in the Province of Quebec that was originally granted under seigneurial tenure.

• 1970-71-72, c. 36, s. 5.

Amendments to Schedules I and II6.(1)The Governor in Council may by order(a)amend Schedule I by adding to or deleting from Part I, II, III, IV or V thereof any basic, supplementary, derived or customary unit of measurement or any prefix therefor, together with its symbol and definition; or(b)amend Schedule II(i)by adding thereto or deleting therefrom any Canadian unit of measurement, together with its definition,(ii)by adding thereto a symbol or an abbreviation for any Canadian unit of measurement, or(iii)by deleting therefrom any symbol or abbreviation referred to in subparagraph (ii).Limitation of power to amend Schedule II(2)Notwithstanding subsection (1), the Governor in Council may not amend Schedule II in such a manner that the ratio of any one unit of measurement to any other unit of measurement is altered.

• 1970-71-72, c. 36, s. 6;
• 1976-77, c. 55, s. 9.

USE OF UNITS OF MEASUREMENT

Use of units of measurement7.No person shall, in trade, use or provide for the use of a unit of measurement unless(a)that unit of measurement is set out and defined in Schedule I or II; or(b)the use of that unit of measurement is authorized by the regulations.

• 1970-71-72, c. 36, s. 7.

USE OF DEVICES

Use of devices8.No trader shall use, or have in his possession for use, in trade, any device unless(a)that device or class, type or design of device has been approved for use in trade pursuant to section 3; and(b)that device, in the case of a device other than a static measure, has been inspected by an inspector who has certified that the device meets the requirements of this Act and the regulations.

• 1970-71-72, c. 36, s. 8;
• 1976-77, c. 28, s. 46.

MARKING OF COMMODITIES

Marking commodities for sale9.(1)No trader shall sell, offer for sale or have in his possession for sale any commodity the quantity of which has been determined on the basis of number or measure, unless the quantity of the commodity 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(a)on the commodity,(b)on the package containing the commodity, or(c)on a shipping bill, bill of lading or other document accompanying the commodity,as may be prescribed.Application(2)Subsection (1) does not apply with respect to any commodity that has been packaged, on the basis of number or measure, or labelled, in terms of number or a unit of measurement, as required or authorized by or under any other Act of Parliament.

• 1970-71-72, c. 36, s. 9;
• 1976-77, c. 28, s. 46.

REGULATIONS

Regulations10.(1)The Governor in Council may make regulations(a)prescribing the manner in which a person may apply to have any device or any class, type or design of device approved for use in trade;(b)prescribing a date beyond which a class, type or design of device shall not be approved for use in trade unless it is capable of weighing or measuring in terms of units of measurement set out and defined in Schedule I;(c)establishing temperature scales and prescribing the purposes for which those scales may be used in Canada;(d)respecting the manner in which inspectors shall carry out their duties under this Act;(e)prescribing the manner in which an inspector shall determine whether any lot, shipment, proposed shipment or identifiable quantity of any commodity meets the requirements of this Act and the regulations;(f)prescribing the circumstances in which an inspection shall be required where an adjustment, alteration or repair is made to a device;(g)prescribing the circumstances and the manner in which a trader shall report the location of any device that is owned by the trader or held in the trader’s possession for use in trade;(h)requiring any person to report, and specifying the manner in which a report shall be made of, the removal of any marking or tag or the breaking of any seal placed on or attached to a device by an inspector or any person who has adjusted, altered or repaired that device and the nature of any adjustment, alteration or repair made to a device;(i)establishing or providing for the establishment of specifications relating to design, composition, construction and performance to which any device or class, type or design of device shall conform before it may be approved for use in trade and specifications relating to the installation and use of any device or class, type or design of device;(j)prescribing, in respect of any or all categories of trade and in respect of any or all class or classes of persons carrying on business therein, in any geographical areas of Canada, a date beyond which a class, type or design of device shall not be used in trade unless it is capable of weighing or measuring in terms of units of measurement set out and defined in Schedule I;(k)respecting the detention of devices, commodities and other things seized and detained under section 39;(l)respecting the disposition of devices, commodities and other things forfeited under section 41;(m)authorizing for any particular purpose the use of a unit of measurement that is not otherwise authorized under this Act;(n)prescribing, in respect of any or all categories of trade in any geographical areas of Canada, the units or multiples or subdivisions of units of measurement that shall be used for offering, advertising or displaying commodities for retail trade in terms of price per unit of measurement;(o)prescribing, in respect of any or all categories of trade and in respect of any or all class or classes of persons carrying on business therein, in any geographical areas of Canada, a date beyond which units of measurement set out and defined in Schedule II shall not be used in trade;(p)respecting the form of any receipts, certificates, statements, tags, seals or documents that may be used under this Act;(q)prescribing the fees that shall be paid by any person for any inspection or other service provided by an inspector under this Act;(r)determining the nature of any charges that a person may be required to pay in relation to any inspection or other service provided by an inspector under this Act and the manner in which those charges shall be determined;(s)prescribing the time when or the period of time within which, and the manner in which any fees or charges shall be paid;(t)requiring any person who sells or offers for sale any liquid commodity by means of a coin-operated machine to state on the machine the owner’s name and address, the identification number of the machine and the quantity of the commodity being sold or offered for sale in terms of a unit of measurement of volume or capacity together with the price demanded for that quantity and prescribing the form and manner in which such information shall be stated;(u)exempting, conditionally or unconditionally, any device or class, type or design of device or any class or type of trade transaction from any or all of the provisions of this Act; and(v)prescribing any matter or thing that by this Act may be prescribed.Publication of proposed regulations(2)Subject to subsection (3), the Minister shall publish in the Canada Gazette a copy of each regulation that the Governor in Council proposes to make under paragraphs (1)(b), (j), (n) and (o) and a reasonable opportunity shall be afforded to interested persons to make representations with respect thereto.Exception(3)The Minister is not required to publish a proposed regulation if it has been published pursuant to subsection (2) whether or not it has been amended as a result of representations made by interested persons as provided in that subsection.

• R.S., 1985, c. W-6, s. 10;
• 1993, c. 34, s. 136(F).

REFERENCE AND LOCAL STANDARDS

Reference standards11.(1)The reference standards for use in Canada are those described in Schedule IV.Additions to and deletions from Schedule IV(2)The Governor in Council may by order amend Schedule IV(a)by adding thereto any standard that is to be used as a reference standard; or(b)by deleting therefrom any reference standard.

• 1970-71-72, c. 36, s. 11.

Calibration and certification of standards12.(1)The reference standards and other standards of measurement that are retained under the authority of the Minister for the purpose of determining the accuracy of local standards or of standards that are used by inspectors under the Electricity and Gas Inspection Act shall, at the request of the Minister, be calibrated and certified by the National Research Council of Canada in terms of the units of measurement set out and defined in Schedule I or II.Idem(2)The National Research Council of Canada may request the Minister to forward to the Council for calibration and certification any standards referred to in subsection (1).

• R.S., 1985, c. W-6, s. 12;
• R.S., 1985, c. 4 (1st Supp.), s. 1.

Designation of local standards13.(1)The Minister may designate as a local standard any standard that has been calibrated and certified in relation to a reference standard as accurate within prescribed tolerances.Calibration and certification of local standards(2)Every local standard shall be calibrated and certified within such periods of time as may be prescribed.

• 1970-71-72, c. 36, s. 13.

Replacement or restoration of standards14.If a local standard that is owned by Her Majesty in right of Canada or a reference standard is lost, destroyed, defaced or damaged, the Minister shall take such action as may be necessary to replace or restore the standard.

• R.S., 1985, c. W-6, s. 14;
• 2001, c. 34, s. 82.

INSPECTION OF DEVICES

Inspection at prescribed intervals15.(1)An inspector shall at such times or within such periods of time as may be prescribed inspect every device that is used, or held in possession for use, in trade.Inspection on request(2)In addition to any inspection referred to in subsection (1), an inspector may inspect any device at the request of the owner or person in possession thereof or at the request of the trader or other person referred to in section 21.

• 1970-71-72, c. 36, s. 15.

Alterations and adjustments to devices16.When an inspector inspects a device, the inspector may, with the consent of the owner or person in possession thereof, make such adjustments or alterations to that device as may be prescribed.

• 1970-71-72, c. 36, s. 16.

Powers of entry to inspect17.(1)Subject to subsection (1.1), an inspector may at any reasonable time(a)enter the premises of a trader or any other place in which the inspector believes on reasonable grounds there is(i)a device that is or is to be used in trade,(ii)a commodity that has been or is being packaged or marked on the basis of measure for sale, or(iii)a commodity, owned by a trader, that is for sale and has been packaged or marked on the basis of measure;(b)inspect any device, commodity or packaging and labelling material found in that place; and(c)examine any documents or papers, including books, reports, records, shipping bills and bills of lading, or any data entered or recorded by any system of mechanical or electronic data processing or by any other information storage device that the inspector believes on reasonable grounds contain any information relevant to the enforcement of this Act and make copies thereof or extracts therefrom.Warrant required to enter dwelling-house(1.1)Where any premises or other place referred to in paragraph (1)(a) is a dwelling-house, an inspector may not enter that dwelling-house without the consent of the occupant except under the authority of a warrant issued under subsection (1.2).Authority to issue warrant(1.2)Where on ex parte application a justice of the peace is satisfied by information on oath(a)that a condition for entry described in paragraph (1)(a) exists in relation to a dwelling-house,(b)that entry to the dwelling-house is necessary for any purpose relating to the administration or enforcement of this Act, and(c)that entry to the dwelling-house has been refused or that there are reasonable grounds for believing that entry thereto will be refused,the justice of the peace may issue a warrant under his hand authorizing the inspector named therein to enter that dwelling-house subject to such conditions as may be specified in the warrant.Use of force(1.3)In executing a warrant issued under subsection (1.2), the inspector named therein shall not use force unless the inspector is accompanied by a peace officer and the use of force has been specifically authorized in the warrant.Certificate to be produced(2)The Minister shall furnish every inspector with a certificate of his designation as an inspector and on entering any place described in subsection (1) an inspector shall, if so required, produce the certificate to the person in charge of that place.Assistance to inspectors(3)The owner or the person in charge of a place entered by an inspector pursuant to subsection (1) and every person employed therein shall give the inspector all reasonable assistance to enable the inspector to carry out his duties and functions under this Act and shall furnish the inspector with such information with respect to the administration of this Act and the regulations as he may reasonably require.

• R.S., 1985, c. W-6, s. 17;
• R.S., 1985, c. 31 (1st Supp.), s. 26.

Power to detain and inspect conveyances18.A member of the Royal Canadian Mounted Police or of any provincial or municipal police force may, at the request and in the company of an inspector, stop and detain any motor vehicle or other conveyance that the inspector believes on reasonable grounds is equipped with a device that is used or designed to be used in trade and the inspector may(a)where necessary for the purposes of making an inspection, require the operator of that conveyance to proceed with the conveyance to an appropriate place where an inspection may be made;(b)inspect any such device found in or on that conveyance; and(c)examine all certificates, shipping bills, bills of lading and other documents relating to any such device.

• 1970-71-72, c. 36, s. 18.

Certificate of inspection19.(1)Where an inspector inspects a device, the inspector shall issue to the owner or person in possession of the device,(a)in the case of a device that is or is to be used in trade, a certificate showing whether the device meets the requirements of this Act and the regulations; and(b)in the case of a device other than a device described in paragraph (a), a statement showing the results of the inspection.Marking of devices(2)Where an inspector determines that a device referred to in paragraph (1)(a) meets the requirements of this Act and the regulations, the inspector shall mark the device as prescribed and attach such seals, if any, as may be prescribed to prevent the making of adjustments to the device.Idem(3)Where an inspector determines that a device referred to in paragraph (1)(a) does not meet the requirements of this Act and the regulations, the inspector shall, in the manner and circumstances prescribed, attach to the device such tags and seals as may be prescribed to prevent the use of that device.

• 1970-71-72, c. 36, s. 19.

INSPECTION FEES AND CHARGES

Payment of fees and charges20.(1)The fees and charges payable by a person in respect of any inspection or other service performed by an inspector under this Act shall, subject to the regulations, be paid to that inspector at the time the service is performed.Fees recoverable(2)All fees and charges payable under this Act may be recovered as a debt due to the Crown.

• 1970-71-72, c. 36, s. 20.

Payment of fees where dispute21.Where a dispute arises between a trader and any other person with respect to the accuracy of a device that is used by the trader in trade and an inspector makes an inspection of the device at the request of the trader or other person, the fee for the inspection shall be paid(a)by the trader, where the device does not meet the requirements of this Act and the regulations; and(b)by the other person, where the device meets the requirements of this Act and the regulations.

• 1970-71-72, c. 36, s. 21.

22.[Repealed, R.S., 1985, c. 31 (1st Supp.), s. 106]

OFFENCES AND PUNISHMENT

Prohibited use of devices23.Every trader is guilty of an offence who uses a device in trade for any purpose or in any manner that is prohibited(a)in the certificate of inspection issued at the time of the most recent inspection made under this Act; or(b)in the approval of that device pursuant to section 3.

• 1970-71-72, c. 36, s. 23.

Non-compliance with regulations by trader24.Every trader is guilty of an offence who uses, or has in his possession for use, in trade, any device that(a)is not installed in accordance with the requirements of the regulations; or(b)does not measure units of measurement within the limits of error prescribed.

• 1970-71-72, c. 36, s. 24.

Marking or certifying without inspection25.Every inspector is guilty of an offence who(a)marks a device to indicate that it has been inspected by the inspector without making an inspection of that device;(b)issues a certificate that shows whether a device meets the requirements of this Act and the regulations without making an inspection of that device and, if the inspector certifies that the device meets those requirements, without determining its accuracy in relation to a relevant local standard; or(c)issues a statement purporting to show the results of an inspection of a device without making an inspection of that device.

• 1970-71-72, c. 36, s. 25;
• 1980-81-82-83, c. 47, s. 50.

Unlawful disposition of devices26.(1)Every dealer is guilty of an offence who sells or otherwise disposes of, or leases, any device that(a)has not been marked as prescribed;(b)in the case of a static measure, is not of a class, type or design that has been approved for use in trade pursuant to section 3; or(c)in the case of a device other than a static measure, has not been inspected in the manner and circumstances prescribed.Importation of devices(2)Every dealer or trader who in the course of the business of that dealer or trader imports into Canada any device, other than a static measure, without notifying the Minister as prescribed is guilty of an offence.

• R.S., 1985, c. W-6, s. 26;
• 2011, c. 21, s. 158.

Previous Version

Alteration, adjustment and replacement of odometers27.(1)Every person is guilty of an offence who(a)alters or adjusts the odometer of a motor vehicle in such a manner that as a result of the alteration or adjustment the total distance indicated on the odometer is other than the total distance travelled by that vehicle; or(b)replaces the odometer of a motor vehicle without setting the replacement odometer to the total distance travelled by the vehicle.Idem(2)No person shall be convicted of an offence(a)under paragraph (1)(a) if that person establishes that(i)the alteration or adjustment was reasonably necessary for the purpose of making repairs to the odometer or to any other part of the motor vehicle related thereto, and(ii)it was reasonably impracticable to re-set the odometer to the total distance indicated thereon prior to the alteration or adjustment; or(b)under paragraph (1)(b) if that person establishes that(i)the replacement was reasonably necessary because the odometer was defective, and(ii)it was reasonably impracticable to set the replacement odometer to the total distance indicated on the odometer that was replaced.

• R.S., 1985, c. W-6, s. 27;
• R.S., 1985, c. 27 (1st Supp.), s. 202.

Ticket-printing devices28.Every person who, in trade, uses or has control of a device that indicates by number or unit of measurement the quantity of a commodity being measured for sale by means of a removable ticket, card or similar record is guilty of an offence if that person allows the ticket, card or similar record to remain in that device at any time other than the time at which the quantity of the commodity is being measured.

• 1970-71-72, c. 36, s. 28.

Alterations, adjustments and repairs of devices29.Every person is guilty of an offence who(a)repairs a device that that person has received from a trader and allows that device to leave his possession(i)before it has been inspected and marked in accordance with this Act and the regulations, or(ii)before that person has given written notice to an inspector in the form and manner prescribed;(b)in such manner or in such circumstances as may be prescribed, alters, adjusts or repairs a device that that person knows or might reasonably be expected to know is or is to be used in trade and does not report the alteration, adjustment or repair in the manner prescribed; or(c)alters any device that is or is to be used in trade in such a manner that it ceases to meet the requirements of this Act and the regulations.

• 1970-71-72, c. 36, s. 29.

Removing or breaking marks and seals30.(1)Subject to subsection (2), every person who removes any marking or tag or wilfully breaks any seal that has been placed on or attached to a device that is or is to be used in trade is guilty of an offence if that marking, tag or seal has been placed on or attached to the device by an inspector or by any person who has altered, adjusted or repaired that device.Where removal or breaking is not an offence(2)No person is guilty of an offence under subsection (1) if that person(a)removes any marking or tag or breaks any seal referred to in that subsection for the purpose of altering, adjusting or repairing a device; and(b)reports, in the manner prescribed, the removal of the marking or tag or the breaking of the seal.

• 1970-71-72, c. 36, s. 30.

Obstructing inspector31.(1)Every person who obstructs or hinders an inspector in carrying out the duties and functions of the inspector under this Act is guilty of an offence.Misleading statements(2)Every person who knowingly makes any false or misleading statement, either orally or in writing, to an inspector who is engaged in carrying out the duties and functions of the inspector under this Act is guilty of an offence.Interference with seized devices or commodities(3)Every person who, without the permission of an inspector, removes, alters or interferes in any way with any device, commodity or other thing seized and detained by an inspector under section 39 is guilty of an offence.

• 1970-71-72, c. 36, s. 31.

Failure to stop conveyance or proceed as directed32.Every operator of a motor vehicle or other conveyance is guilty of an offence if the operator wilfully fails(a)to bring the conveyance to a stop in accordance with any order or direction given pursuant to section 18 by a member of the Royal Canadian Mounted Police or of any provincial or municipal police force; or(b)to proceed with the conveyance, in accordance with any order or direction given pursuant to section 18 by an inspector, to an appropriate place where an inspection may be made by an inspector.

• 1970-71-72, c. 36, s. 32.

Short measure on sale33.(1)Every person who sells or offers for sale any commodity, by number or unit of measurement, is guilty of an offence if the quantity of the commodity that that person delivers or offers for sale is, subject to prescribed limits of error, less than the quantity that that person(a)purports to sell or offer for sale; or(b)should deliver or offer for sale on the basis of(i)the total price paid or to be paid for the commodity, and(ii)the stated price per number or unit of measurement.Over measure on purchase(2)Every person who determines or exercises control over the determination of the quantity of a commodity that that person purchases or offers to purchase by number or unit of measurement is guilty of an offence if the quantity of the commodity that that person receives or offers to purchase is, subject to prescribed limits of error, greater than the quantity that that person(a)purports to purchase or offer to purchase; or(b)should receive or offer to purchase on the basis of(i)the total price paid or offered to be paid for the commodity, and(ii)the stated price per number or unit of measurement.Application of subsection (1)(3)Subsection (1) does not apply with respect to any commodity that is packaged on the basis of measure or labelled in terms of a unit of measurement as required or authorized by or under any other Act of Parliament.

• 1970-71-72, c. 36, s. 33;
• 1980-81-82-83, c. 47, s. 53(E).

Short service34.(1)Every person who provides a service on the basis of any unit of measurement or the use of a facility on the basis of a unit of measurement of time is guilty of an offence if the amount of service that that person provides or the time for which that person provides the use of the facility is, subject to prescribed limits of error, less than(a)the amount of service that that person purports to provide or the time for which that person purports to provide the use of the facility; or(b)the amount of service that that person should provide or the time for which that person should provide the use of the facility on the basis of(i)the total price charged or demanded for the service or the use of the facility, and(ii)the stated price per unit of measurement.Over measure re service(2)Every person who determines or exercises control over the determination of the amount of a service that that person receives on the basis of any unit of measurement or the time for which that person receives the use of a facility on the basis of a unit of measurement of time is guilty of an offence if the amount of service that that person receives or the time for which that person receives the use of the facility is, subject to prescribed limits of error, greater than(a)the amount of service that that person purports to receive or the time for which that person purports to receive the use of the facility; or(b)the amount of service that that person should receive or the time for which that person should receive the use of the facility on the basis of(i)the total price paid or offered to be paid for the service or the use of the facility, and(ii)the stated price per unit of measurement.

• 1970-71-72, c. 36, s. 34;
• 1980-81-82-83, c. 47, s. 50.

Punishment, sections 23 to 3435.(1)Every person who is guilty of an offence under any of the provisions of sections 23 to 34 is liable(a)on summary conviction, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months or to both; and(b)on conviction on indictment, to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding two years or to both.Punishment for general offence(2)Every person who contravenes any provision of this Act or the regulations, for the contravention of which no punishment is elsewhere provided in this Act, is guilty of an offence and liable on summary conviction to a fine not exceeding one thousand dollars.Officers, etc., of corporations(3)If a corporation commits an offence under this Act, any officer, director or agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence whether or not the corporation has been prosecuted or convicted.

• R.S., 1985, c. W-6, s. 35;
• 2011, c. 21, s. 159(E).

Previous Version

EVIDENCE

Deemed possession for use in trade36.Where a trader has in his possession any device that is not marked as prescribed to show that it is not for use in trade, the trader shall, in the absence of evidence to the contrary, be deemed to have that device in his possession for use in trade.

• 1970-71-72, c. 36, s. 36.

Offence by employee or agent or mandatary37.(1)In any prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or an agent or mandatary of the accused whether or not the employee or agent or mandatary is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without their knowledge or consent and that they exercised all due diligence to prevent its commission.Venue(2)A complaint or information in respect of an offence under this Act may be heard, tried or determined by a court if the accused is resident or carrying on business within the territorial jurisdiction of that court although the matter of the complaint or information did not arise in that territorial jurisdiction.

• R.S., 1985, c. W-6, s. 37;
• 2011, c. 21, s. 160.

Previous Version

Certificates of Minister38.(1)In any prosecution for an offence under this Act or the Consumer Packaging and Labelling Act, a certificate relating to a local standard and purporting to have been signed by the Minister or any person authorized by the Minister to sign on the Minister’s behalf is evidence of the matters stated therein relating to the accuracy of that standard without proof of the signature or official character of the person appearing to have signed the certificate.Certificates of inspectors(2)In any prosecution for an offence under this Act, a certificate purporting to have been issued by an inspector pursuant to subsection 19(1) and to have been signed by the inspector who made the inspection is evidence of the matters stated therein relating to the inspection without proof of the signature or official character of the person appearing to have signed the certificate.Attendance of inspector(3)The party against whom a certificate of an inspector is produced pursuant to subsection (2) may, with leave of the court, require the attendance of the inspector for the purposes of cross-examination.Notice(4)No certificate shall be admitted in evidence pursuant to subsection (2) unless the party intending to produce it has given to the party against whom it is intended to be produced reasonable notice of such intention together with a copy of the certificate.

• 1970-71-72, c. 36, s. 38;
• 1976-77, c. 28, s. 46.

SEIZURE AND DETENTION

Seizure39.(1)Where an inspector believes on reasonable grounds that any provision of this Act or the regulations has been contravened, the inspector may seize and detain any device, commodity or packaging and labelling material by means of or in relation to which the inspector believes on reasonable grounds the contravention occurred.Examination and samples of seized articles(2)Where an inspector has seized and detained any device, commodity or other thing pursuant to subsection (1), the inspector shall, at the request of the person from whom the device, commodity or other thing was seized, allow that person or any person authorized by that person to examine the device, commodity or other thing so seized and, where practicable, furnish that person with a sample thereof.Detention(3)Any device, commodity or other thing seized pursuant to subsection (1) shall not be detained(a)after the provisions of this Act or any regulations that are applicable to the device, commodity or other thing have, in the opinion of an inspector, been complied with; or(b)after the expiration of sixty days from the day of seizure, unless before that time(i)the device, commodity or other thing has been forfeited pursuant to section 41,(ii)proceedings have been instituted in respect of the contravention in relation to which the device, commodity or other thing was seized, in which event the device, commodity or other thing may be detained until the proceedings are finally concluded, or(iii)notice of an application for an order extending the time during which the device, commodity or other thing may be detained has been served in accordance with section 40.Storing of seized articles(4)A device, commodity or other thing seized by an inspector pursuant to subsection (1) may, at the option of an inspector, be kept or stored in the building or place where it was seized or may be removed to any other proper place by or at the direction of an inspector.

• 1970-71-72, c. 36, s. 39.

Application to extend period of detention40.(1)Where proceedings have not been instituted in respect of the contravention in relation to which any device, commodity or other thing was seized and detained pursuant to subsection 39(1), the Minister may, before the expiration of sixty days after seizure and on the serving of prior notice in accordance with subsection (2) on the owner of the device, commodity or other thing or on the person in whose possession the device, commodity or other thing was at the time of seizure, apply to a provincial court judge within whose territorial jurisdiction the seizure was made for an order extending the time during which the device, commodity or other thing may be detained.Notice(2)The notice referred to in subsection (1) shall be served by personal service at least five clear days prior to the day on which the application is to be made to the provincial court judge or by registered mail at least seven clear days prior to that day and shall specify(a)the provincial court judge to whom the application is to be made;(b)the place where and the time when the application is to be heard, which time shall be not later than ten days after service of the notice;(c)the device, commodity or other thing in respect of which the application is to be made; and(d)the evidence on which the Minister intends to rely to show why the time during which the device, commodity or other thing may be detained should be extended.Order of extension granted(3)Where, on the hearing of an application made under subsection (1), the provincial court judge is satisfied that the device, commodity or other thing seized should continue to be detained, the provincial court judge shall order that the device, commodity or other thing be detained for such additional period of time as the provincial court judge deems proper and that on the expiration of that period of time the device, commodity or other thing be restored to the person from whom it was seized or to any other person entitled to possession thereof unless before the expiration of that period of time subparagraph 39(3)(b)(i) or (ii) applies.Order of extension refused(4)Where, on the hearing of an application made under subsection (1), the provincial court judge is not satisfied that the device, commodity or other thing seized should continue to be detained, the provincial court judge shall order that the device, commodity or other thing be restored to the person from whom it was seized or to any other person entitled to possession thereof(a)on the expiration of sixty days after the day of seizure, unless, before the expiration of those sixty days, subparagraph 39(3)(b)(i) or (ii) applies; or(b)forthwith, if, at the time of the hearing, the period of sixty days after the day of seizure has expired.

• R.S., 1985, c. W-6, s. 40;
• R.S., 1985, c. 27 (1st Supp.), s. 203.

FORFEITURE

Forfeiture on consent41.(1)Where an inspector has seized any device, commodity or other thing pursuant to subsection 39(1) and the owner thereof or the person in lawful possession thereof at the time of seizure consents in writing to the forfeiture of the device, commodity or other thing, the device, commodity or other thing is forfeited to Her Majesty.Forfeiture by order of court(2)Where a person is convicted of an offence under this Act and any device, commodity or other thing seized pursuant to subsection 39(1) by means of or in relation to which the offence was committed is then being detained, the device, commodity or other thing(a)is, on the conviction, in addition to any punishment imposed for the offence, forfeited to Her Majesty if the forfeiture is directed by the court; or(b)shall, on the expiration of the time for taking an appeal from the conviction or on the final conclusion of the proceedings, as the case may be, be restored to the person from whom it was seized or to any other person entitled to possession thereof on such conditions, if any, relating to sale or advertising as may be imposed by order of the court and as, in the opinion of the court, are necessary to avoid the commission of any further offence under this Act.

• 1970-71-72, c. 36, s. 41.

SCHEDULE I(Section 4)UNITS BASED ON THE INTERNATIONAL SYSTEM OF UNITSPART IBASIC UNITS OF MEASUREMENTBasic UnitSymbolDefinition1.metremthe unit for the measurement of length, being a length equal to the distance travelled by light in a vacuum during 1/299 792 458 of a second2.kilogramkgthe unit for the measurement of mass, being a mass equal to the mass of the international prototype of the kilogram established in the year 1889 by the First General Conference of Weights and Measures and deposited at the International Bureau of Weights and Measures3.secondsthe unit for the measurement of time, being the duration of 9 192 631 770 periods of the radiation corresponding to the transition between the two hyperfine levels of the ground state of the caesium 133 atom4.ampereAthe unit for the measurement of electric current, being a constant current that, if maintained in two straight parallel conductors of infinite length, of negligible circular cross-section and placed one metre apart in vacuum, would produce between those conductors a force equal to 2 x 10^-7newton per metre of length5.kelvinKthe unit for the measurement of thermodynamic temperature, being the fraction 1/273.16 of the thermodynamic temperature of the triple point of water6.candelacdthe unit for the measurement of luminous intensity, being the luminous intensity, in a given direction, of a source that emits monochromatic radiation of frequency 540 x 10¹² hertz and that has a radiant intensity in that direction of 1/683 watt per steradian7.molemolthe unit for the measurement of the amount of substance, being the amount of substance of a system that contains as many elementary entities as there are atoms in 0.012 kilogram of carbon 12PART IISUPPLEMENTARY UNITS OF MEASUREMENTSupplementary UnitSymbolDefinition1.radianradthe unit for the measurement of a plane angle, being the angle with its vertex at the centre of a circle and subtended by an arc of the circle that is equal in length to its radius2.steradiansrthe unit for the measurement of a solid angle, being the angle with its vertex at the centre of a sphere and subtended by an area on the spherical surface equal to that of a square with sides equal in length to the radiusPART IIIDERIVED UNITS OF MEASUREMENTDerived UnitSymbolDefinition1.newtonNthe force that, when applied to a body having a mass of one kilogram, gives the body an acceleration of one metre per second per second2.jouleJthe work done when the point of application of a force of one newton is displaced a distance of one metre in the direction of the force3.wattWthe power that produces energy at the rate of one joule per second4.hertzHzthe frequency of a periodic phenomenon of which the periodic time is one second5.coulombCthe quantity of electricity transported in one second by a current of one ampere6.voltVthe unit of electric potential difference and electromotive force, being the difference of electric potential between two equipotential surfaces of a conductor that is carrying a constant current of one ampere when the power dissipated between these surfaces is equal to one watt7.faradFthe capacitance of a capacitor between the equipotential surfaces of which there appears a difference of potential of one volt when the capacitor is charged by a quantity of electricity equal to one coulomb8.henryHthe inductance of a closed circuit in which an electromotive force of one volt is produced when the electric current in the circuit varies uniformly at a rate of one ampere per second9.ohmΩthe electric resistance between two points of a conductor when a constant difference of potential of one volt, applied between these two points, produces in the conductor a current of one ampere and the conductor itself is not the seat of any electromotive force10.weberWbthe magnetic flux that, when linking a circuit of one turn, produces in that circuit an electromotive force of one volt as the flux is reduced to zero at a uniform rate in one second11.teslaTthe magnetic induction that is equal to one weber per square metre12.lumenlmthe luminous flux emitted in a solid angle of one steradian by a point source having an intensity of one candela13.luxlxthe illuminance produced by a flux of one lumen uniformly distributed over one square metre14.pascalPathe pressure (or stress) produced when a force of one newton is applied to an area of one square metre15.varvarthe reactive power at the two points of entry of a single-phase, two-wire circuit when the product of the root-mean-square value in amperes of the sinusoidal current by the root-mean-square value in volts of the sinusoidal voltage and by the sine of the angular phase difference by which the voltage leads the current is equal to one16.becquerelBqthe activity of radionuclides that is equal to one per second17.grayGythe absorbed dose of ionizing radiation that is equal to one joule per kilogram18.siemensSthe electric conductance between two points of a conductor when a constant current of one ampere in the conductor produces a difference of potential of one volt between these two points and the conductor itself is not the seat of any electromotive forcePART IVCUSTOMARY UNITS OF MEASUREMENT USED WITH THE INTERNATIONAL SYSTEMCustomary UnitSymbolDefinitionminutemin60 secondshourh3 600 secondsdayd86 400 secondsdegree (of arc)°p/180 radian*minute (of arc)′p/10 800 radian*second (of arc)″p/648 000 radian*litreL, l or l1/1 000 cubic metretonne or metric tont1 000 kilogramshectareha10⁴ square metresmillilitremL, ml or ml1/1 000 litredegree Celsius°Can interval of 1°C = an interval of 1 kelvin; a temperature of 0°C corresponds to 273.15 kelvins*p is the ratio of the circumference to the diameter of a circle.PART VPREFIXES* FOR MULTIPLES AND SUBMULTIPLES OF BASIC, SUPPLEMENTARY AND DERIVED UNITS OF MEASUREMENTPrefixSymbolDefinitionyottaY10²⁴zettaZ10²¹exaE10¹⁸petaP10¹⁵teraT10¹²gigaG10⁹megaM10⁶kilok10³hectoh10²decada10¹decid10^-1centic10^-2millim10^-3microµ10^-6nanon10^-9picop10^-12femtof10^-15attoa10^-18zeptoz10^-21yoctoy10^-24*Not applicable to the basic unit “kilogram” but applicable to the one thousandth submultiple of that unit, namely the “gram (g)”.

• R.S., 1985, c. W-6, Sch. I;
• SOR/86-420;
• SOR/2005-277, ss. 1, 2.

Previous VersionSCHEDULE II(Section 4)CANADIAN UNITS OF MEASUREMENTMEASUREMENT OF LENGTHUnit of MeasurementDefinition(a)mile1 760 yards(b)furlong220 yards(c)rod, pole or perch5½ yards(d)yard9 144/10 000 metre(e)foot1/3 yard(f)inch1/36 yard(g)chain22 yards(h)link1/100 chainMEASUREMENT OF AREAUnit of MeasurementDefinition(a)square mile640 acres(b)acre4 840 square yards(c)square rod30¼ square yards(d)square yarda superficial area equal to that of a square each side of which measures one yard(e)square foot1/9 square yard(f)square inch1/144 square footMEASUREMENT OF VOLUME OR CAPACITYUnit of MeasurementDefinition(a)bushel8 gallons(b)peck2 gallons(c)gallon454 609/100 000 000 cubic metre(d)quart1/4 gallon(e)pint1/8 gallon(f)gill1/32 gallon(g)fluid ounce1/160 gallon(h)fluid dram1/8 fluid ounce(i)cubic yarda volume equal to that of a cube each side of which measures one yard(j)cubic foot1/27 cubic yard(k)cubic inch1/1 728 cubic foot(l)[Deleted, SOR/86-854, s. 2]MEASUREMENT OF MASS OR WEIGHTUnit of MeasurementDefinition(a)ton2 000 pounds(b)cental or hundredweight100 pounds(c)pound45 359 237/100 000 000 kilogram(d)ounce1/16 pound or 437½ grains(e)dram1/16 ounce(f)grain1/7 000 poundMEASUREMENT OF THE MASS OR WEIGHT OF PRECIOUS METALSUnit of MeasurementDefinition(a)troy ounce480 grainsMEASUREMENT OF THE MASS OR WEIGHT OF PRECIOUS STONES AND GEM STONESUnit of MeasurementDefinition(a)carat200 milligrams

• R.S., 1985, c. W-6, Sch. II;
• SOR/86-854.

SCHEDULE III(Section 5)UNITS OF MEASUREMENT TO DESCRIBE CERTAIN LAND IN QUEBECUnitDefinition1.foot (French measure or Paris foot)12.789 inches2.arpent, as a measure of length180 feet (French measure)3.arpent, as a measure of area32 400 square feet (French measure)4.perch, as a measure of length18 feet (French measure)5.perch, as a measure of area324 square feet (French measure)

• 1970-71-72, c. 36, Sch. III.

SCHEDULE IV(Section 11)REFERENCE STANDARDSFor Measurement of Length1.The national standard for length in Canada realized, through the use of any device, in compliance with the definition mètre passed by the 17^e Conférence Générale des Poids et Mesures as reported in the Comptes rendus de la 17^e Conférence Générale des Poids et Mesures (1983) published by the International Bureau of Weights and Measures, and determined by the National Research Council of Canada pursuant to subparagraph 5(1)(c)(iv) of the National Research Council Act.For Measurement of Mass or WeightAvoirdupois Weight1.A standard of a nominal mass of one pound, designated MR-2.Troy Weight2.A standard of nominal mass of one hundred troy ounces, designated MR-3.Metric Weight3.A standard of a nominal mass of one kilogram, designated MR-1.For Measurement of TemperatureItemStandard NumberDescription1.VS767_1808Platinum Resistance Sensor, manufactured by Fluke Hart Scientific, having serial number 1808, and Black Stack thermometer module, manufactured by Fluke Hart Scientific, having serial number A780222.[Repealed, SOR/2009-80]3.VS767_1203Thermistor sensor, manufactured by Thermometrics having serial number 1203; and Black Stack thermometer module, manufactured by Hart Scientific having serial number A13108For Measurement of ElectricityItemStandard NumberDescription1.L-57Variable Burden Box for Voltage Transformers, manufactured by H. Tinsley & Co. Ltd. having serial number 12982.L-1014Shielded Precision Capacitor, manufactured by Trench Electric Ltd. having serial number 75993.L-1046Voltage Transformer, manufactured by Sangamo Company Limited having serial number 5557624.EL-1847Voltage Transformer, manufactured by Instrument Transformer Inc. having serial number 5472225.EL-1848Voltage Transformer, manufactured by Asea Brown Boveri Ltd. having serial number 395183606.L-1665Capacitor, manufactured by General Radio Company having serial number 34237.EL-1892Current Transformer, manufactured by Tettex Instruments having serial number 1496918.EL-1894Programmable Electronic Burden Box for Current Transformers, manufactured by Tettex Instruments having serial number 1495449.EL-857Current Transformer, manufactured by Smith Hobson Ltd. having serial number G-03312710.EL-1720Current Transformer, manufactured by Knopp Inc. having serial number 803939111.[Repealed, SOR/2009-80]12.EL-1885Multifunction Transducer (W/Wh/VA/VAh/var/varh/V/Vh/V2h/I/Ih/I2h), Radian Dytronic model RD-21-432, manufactured by Radian Research Inc. having serial number 20037913.[Repealed, SOR/2009-80]For Measurement of GasItemStandard NumberDescription1.GL-2279Dead Weight Tester, manufactured by DH Instruments Inc. having serial number 4872.GL-2280Dead Weight Tester, manufactured by GE Sensing having serial number 638093.[Repealed, SOR/2009-80]4.GL-2033Dead Weight Tester, manufactured by Ruska Instruments Co. having serial number 445095.GL-2104Dead Weight Tester, manufactured by Ruska Instruments Co. having serial number 46404

• R.S., 1985, c. W-6, Sch. IV;
• SOR/86-133;
• SOR/93-235, s. 2;
• SOR/2000-250;
• SOR/2005-277, ss. 3, 4;
• SOR/2009-80.

Previous VersionAMENDMENTS NOT IN FORCE — 2011, c. 3, s. 11

1995, c. 1, par. 63(2)(d)11.The definition inspector in section 2 of the Weights and Measures Act is replaced by the following:inspectorinspecteurinspector means a person who is designated under subsection 16.1(1) to verify compliance with this Act;

— 2011, c. 3, s. 12

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

Use of devices8.No trader shall use, or have in their possession for use, in trade, any device unless

— 2011, c. 3, s. 13

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

Marking commodities for sale9.(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.

— 2011, c. 3, s. 14

14.(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;

— 2011, c. 3, s. 15

15.Sections 15 and 16 of the Act are replaced by the following:

Examinations within prescribed periods15.(1)Every trader who uses a device in trade, or possesses a device for trade, shall cause it to be examined, within the prescribed period, by an inspector.Extensions(2)The Minister may, in the prescribed circumstances, grant to a trader an extension of the period, but no extension may exceed one year.

Request for examination15.1An inspector may examine a device at the request of the owner or the person who is in possession of it.

Adjustments and alterations to devices16.When an inspector examines a device, they may, with the consent of the owner or person who is in possession of it, make any prescribed adjustments or alterations to that device.

— 2011, c. 3, s. 16

R.S., c. 31 (1st Supp.), s. 2616.Sections 17 and 18 of the Act are replaced by the following:ADMINISTRATION AND ENFORCEMENTDesignation

Power to designate16.1(1)For the purposes of the administration and enforcement of this Act, the Minister may designate persons, or classes of persons, to exercise powers in relation to any matter referred to in the designation.Training and qualification(1.1)The Minister shall ensure that, for each particular sector, all persons designated under subsection (1) are trained and qualified in the same manner and that all examinations made by these persons are conducted consistently.Limitation(2)The Minister may designate only persons employed in the federal public administration to exercise powers under any of sections 17 to 18, subsection 19(3) or section 21 or subsection 22.11(1).Suspension and revocation(3)The Minister may suspend or revoke a designation made under subsection (1).

Powers

Authority to enter and other powers17.(1)An inspector who has reasonable grounds to believe that an object to which this Act applies is located in or on a place, including a vehicle, or that an activity regulated by this Act is conducted in a place, including a vehicle, may, for the purpose of verifying compliance with this Act,(a)enter the place;(b)examine the place or anything found in or on the place;(c)seize and detain anything in or on the place;(d)use any means of communication in the place or cause it to be used;(e)use any computer system in the place, or cause it to be used, to examine data contained in or available to it;(f)prepare a document, or cause one to be prepared, based on the data;(g)use any copying equipment in the place, or cause it to be used;(h)direct any person to put anything in or on the place into operation or to cease operating it; and(i)prohibit or limit access to all or part of the place.Certificate to be produced(2)The Minister shall provide the inspector with a certificate of their designation, and on entering the place, the inspector shall, on request, produce the certificate to the person in charge of that place.Duty to assist(3)The owner or person in charge of the place and every person in the place shall give all assistance that is reasonably required to enable the inspector to verify compliance with this Act and shall provide any documents, data or information that are reasonably required for that purpose.

Warrant for dwelling-house17.1(1)If the place is a dwelling-house, the inspector may not enter it without the occupant’s consent except under the authority of a warrant issued under subsection (2).Authority to issue warrant(2)On ex parte application, a justice of the peace may issue a warrant authorizing an inspector who is named in it to enter a dwelling-house, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that(a)the dwelling-house is a place referred to in subsection 17(1);(b)entry to the dwelling-house is necessary to verify compliance with this Act; and(c)entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused or that consent to entry cannot be obtained from the occupant.

Entry on private property17.2(1)For the purpose of gaining entry to a place referred to in subsection 17(1), an inspector may enter private property and pass through it, and is not liable for doing so. For greater certainty, no person has a right to object to that use of the property and no warrant is required for the entry, unless the property is a dwelling-house.Person accompanying inspector(2)A person may, at the inspector’s request, accompany the inspector to assist them to gain entry to the place referred to in subsection 17(1) and is not liable for doing so.

Use of force17.3In executing a warrant to enter a dwelling-house, an inspector shall not use force unless the use of force has been specifically authorized in the warrant and the inspector is accompanied by a peace officer.

Examining vehicle18.(1)A member of the Royal Canadian Mounted Police or of any provincial or municipal police force may, at the request and in the company of an inspector, stop and detain any vehicle so that the inspector may examine it for the purposes of verifying compliance with this Act.Vehicle to be moved(2)The inspector may require the operator of the vehicle to proceed with it to an appropriate place, if doing so is necessary to conduct the examination.

— 2011, c. 3, s. 17

17.(1)The portion of subsection 19(1) of the Act before paragraph (a) is replaced by the following:

Certificate19.(1)If an inspector examines a device, they shall issue to the owner or person who is in possession of it,

(2)Subsection 19(2) of the Act is replaced by the following:Marking of devices — requirements met(2)If an inspector determines that a device referred to in paragraph (1)(a) meets the requirements of this Act and the regulations, they shall mark the device as prescribed and(a)attach the prescribed seals that are intended to indicate any adjustments to the device; or(b)if those seals are already attached to the device, verify that they can indicate any adjustments and, in the case of electronic seals, collect the information that is necessary to detect any adjustments.

— 2011, c. 3, s. 18

18.(1)The portion of section 21 of the Act before paragraph (a) is replaced by the following:

Payment of fees if dispute21.If a dispute arises between a trader and any other person with respect to the accuracy of a device that is used by the trader in trade and an inspector examines the device at the request of the trader or other person, the fee for the examination shall be paid

(2)Section 21 of the Act is renumbered as subsection 21(1) and is amended by adding the following:Examination if dispute(2)An inspector may examine the device at the request of a person referred to in subsection (1).

— 2011, c. 3, s. 19

19.The Act is amended by adding the following before the heading before section 23:ADMINISTRATIVE MONETARY PENALTIESPowers of the Governor in Council

Regulations22.The Governor in Council may make regulations(a)designating any provision of this Act — other than paragraph 29(b), subsections 30(1) and 31(2) and section 32 — or of the regulations as a provision whose contravention may be proceeded with as a violation in accordance with sections 22.1 to 22.28;(b)establishing a penalty, or a range of penalties, in respect of each violation;(c)establishing criteria to be considered in determining the amount of the penalty if a range of penalties is established;(d)classifying each violation as a minor violation, a serious violation or a very serious violation;(e)respecting the circumstances under which, the criteria by which and the manner in which the amount of a penalty may be increased or reduced in whole or in part; and(f)respecting a lesser amount that may be paid as complete satisfaction of a penalty if it is paid within the prescribed time and in the prescribed manner, including the circumstances in which the lesser amount may be set out in a notice of violation.

Violations

Commission of violation22.1(1)Every person who contravenes a provision designated under paragraph 22(a) commits a violation and is liable to a penalty established in accordance with the regulations.Purpose of penalty(2)The purpose of a penalty is to promote compliance with this Act and not to punish.Maximum penalty(3)The maximum penalty for a violation is $2,000.

Proceedings

Notice of violation22.11(1)An inspector may issue a notice of violation and cause it to be provided to a person if the inspector has reasonable grounds to believe that the person has committed a violation.Contents of notice(2)The notice of violation must(a)name the person believed to have committed the violation;(b)identify the acts or omissions that constitute the alleged violation;(c)set out the penalty for the violation that the person is liable to pay;(d)set out the particulars concerning the time and manner of payment; and(e)subject to the regulations, set out a lesser amount that may be paid as complete satisfaction of the penalty if it is paid within the prescribed time and in the prescribed manner that are set out in the notice.Summary of rights(3)A notice of violation must clearly summarize, in plain language, the rights and obligations under this section and sections 22.12 to 22.25 of the person to whom it is provided, including the right to request a review of the acts or omissions that constitute the alleged violation or of the amount of the penalty and the procedure for requesting the review.Short-form descriptions(4)The Minister may establish a short-form description of each violation to be used in notices of violation.

Penalties

Effect of payment22.12(1)If the person who is named in a notice of violation pays, within the prescribed time and in the prescribed manner that are set out in the notice, the amount of the penalty — or, if applicable, the lesser amount that may be paid as complete satisfaction of the penalty — set out in the notice,(a)they are deemed to have committed the violation to which the amount paid relates;(b)the Minister shall accept that amount as complete satisfaction of the penalty; and(c)the proceedings commenced in respect of the violation under section 22.11 are ended.Alternatives to payment(2)Instead of paying the penalty or, if applicable, the lesser amount that may be paid as complete satisfaction of the penalty, the person who is named in the notice may, within the prescribed time and in the prescribed manner that are set out in the notice,(a)request to enter into a compliance agreement with the Minister that ensures the person’s compliance with the provision to which the violation relates, if the penalty is $1,000 or more; or(b)request a review by the Minister of the acts or omissions that constitute the alleged violation or the amount of the penalty.Deeming(3)If the person who is named in the notice does not pay the penalty, or, if applicable, the lesser amount that may be paid as complete satisfaction of the penalty, within the prescribed time and in the prescribed manner and does not exercise any right referred to in subsection (2) within the prescribed time and in the prescribed manner, the person is deemed to have committed the violation identified in the notice.

Compliance Agreements

Compliance agreements22.13(1)After considering a request made under paragraph 22.12(2)(a), the Minister may enter into a compliance agreement, as described in that paragraph, with the person making the request on any conditions that are satisfactory to the Minister, which conditions may(a)include a provision for the giving of reasonable security, in a form and in an amount that are satisfactory to the Minister, as a guarantee that the person will comply with the compliance agreement; and(b)provide for the reduction, in whole or in part, of the amount of the penalty for the violation.Deeming(2)A person who enters into a compliance agreement with the Minister is, on doing so, deemed to have committed the violation to which the compliance agreement relates, and the proceedings commenced in respect of the violation under section 22.11 are ended.If compliance agreement complied with(3)If the Minister is of the opinion that a person who has entered into a compliance agreement has complied with it, the Minister shall cause the person to be provided with a notice to that effect, at which time any security given by the person under that agreement shall be returned to the person.If compliance agreement not complied with(4)If the Minister is of the opinion that a person who has entered into a compliance agreement has not complied with it, the Minister shall cause the person to be provided with a notice of default to the effect that(a)instead of the penalty set out in the compliance agreement, the person is liable to pay, within the prescribed time and in the prescribed manner set out in the notice of default, twice the amount of the penalty set out in the notice of violation and, for greater certainty, subsection 22.1(3) does not apply in respect of that amount; or(b)the security, if any, given by the person under the compliance agreement is forfeited to Her Majesty in right of Canada.Effect of notice of default(5)Once they have been provided with the notice of default, the person shall pay the amount set out in it or, if the notice provides for the forfeiture of the security given under the compliance agreement, that security is forfeited to Her Majesty in right of Canada.Effect of payment(6)If the person pays the amount set out in a notice of default under paragraph (4)(a) within the prescribed time and in the prescribed manner that are set out in the notice,(a)the Minister shall accept the amount as complete satisfaction of the amount owing; and(b)the compliance agreement entered into under subsection (2) terminates.

Refusal to enter into compliance agreement22.14(1)If the Minister refuses to enter into a compliance agreement after considering a request made under paragraph 22.12(2)(a), the Minister shall cause the person to be provided with a notice to that effect and the person who is named in the notice is liable to pay the amount of the penalty within the prescribed time and in the prescribed manner that are set out in the notice.Effect of payment(2)If the person pays the amount within the prescribed time and in the prescribed manner(a)they are deemed to have committed the violation to which the amount paid relates;(b)the Minister shall accept the amount as complete satisfaction of the penalty; and(c)the proceedings commenced in respect of the violation under section 22.11 are ended.Deeming(3)If the person does not pay the amount within the prescribed time and in the prescribed manner that are set out in the notice, they are deemed to have committed the violation.

Review by the Minister

Review — violation22.15(1)After completing a review requested under paragraph 22.12(2)(b) with respect to the acts or omissions that constitute the alleged violation identified in the notice of violation, the Minister shall determine whether the person who is named in the notice committed the violation and, if the Minister determines that the person did so but considers that the amount of the penalty for the violation was not established in accordance with the regulations, the Minister shall correct that amount and cause the person to be provided with a notice of the Minister’s decision.Review — penalty(2)After completing a review requested under paragraph 22.12(2)(b) with respect to the amount of the penalty set out in the notice of violation, the Minister shall determine whether the amount of the penalty was established in accordance with the regulations and, if the Minister determines that it was not, the Minister shall correct that amount and cause the person to be provided with a notice of the Minister’s decision.Payment(3)The person who is provided with a notice of the Minister’s decision is liable to pay the amount of the penalty that is set out in it within the prescribed time and in the prescribed manner that are set out in the notice.Effect of payment(4)If the person pays the amount of the penalty that is set out in the notice of the Minister’s decision within the prescribed time and in the prescribed manner that are set out in the notice,(a)the Minister shall accept the amount as complete satisfaction of the penalty; and(b)the proceedings commenced in respect of the violation under section 22.11 are ended.Submissions in writing(5)The Minister is to consider only written evidence and written submissions in determining whether a person committed a violation or whether the amount of a penalty was established in accordance with the regulations.

Recovery of Debts

Debts to Her Majesty22.16(1)The following amounts are debts due to Her Majesty in right of Canada that may be recovered in the Federal Court:(a)the amount of a penalty set out in a notice of violation, beginning on the day on which it is required to be paid in accordance with the notice, unless a request is made to enter into a compliance agreement with the Minister or to have the Minister review the acts or omissions that constitute the violation or the amount of the penalty;(b)every amount set out in a compliance agreement entered into with the Minister under subsection 22.13(1), beginning on the day specified in that agreement or, if no day is specified, beginning on the day on which the agreement is entered into;(c)the amount set out in a notice of default referred to in subsection 22.13(4), beginning on the day specified in the notice;(d)the amount of a penalty set out in the Minister’s notice under subsection 22.14(1) or in the notice of the Minister’s decision made under subsection 22.15(1) or (2), beginning on the day specified in the notice; and(e)the amount of any reasonable expenses incurred in attempting to recover an amount referred to in any of paragraphs (a) to (d).Limitation period or prescription(2)No proceedings to recover such a debt may be commenced later than five years after the debt becomes payable.Debt final(3)The debt is final and may not be reviewed, restrained, prohibited, removed, set aside or otherwise dealt with except to the extent and in the manner provided by sections 22.12 to 22.15.

Certificate of default22.17(1)The Minister may issue a certificate certifying the unpaid amount of any debt referred to in subsection 22.16(1).Effect of registration(2)Registration in the Federal Court of the certificate has the same effect as a judgment of that court for a debt of the amount specified in the certificate and all related registration costs.

Rules of Law About Violations

Violations not offences22.18For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply.

Due diligence defence22.19(1)A person shall not be found to be liable for a violation if they establish that they exercised due diligence to prevent the commission of the violation.Common law principles(2)Every rule and principle of the common law that renders any circumstance a justification or an excuse in relation to a charge for an offence under this Act applies in respect of a violation to the extent that it is not inconsistent with this Act.

Burden of proof22.2In every case where the Minister is to determine whether a person who is named in a notice of violation committed any violation identified in it, the Minister shall do so on a balance of probabilities.

Offences by corporate officers, etc.22.21If a person other than an individual commits a violation under this Act, any of the person’s officers, directors, agents or mandataries who directs, authorizes, assents to or acquiesces or participates in the commission of the violation is a party to and liable for the violation whether or not the person who actually committed it is proceeded against in accordance with this Act.

Vicarious liability — acts of employees, agents and mandataries22.22A person is liable for a violation that is committed by their employee, agent or mandatary who is acting in the course of the employee’s employment or within the scope of the agent’s or mandatary’s authority, whether or not the employee, agent or mandatary who actually committed the violation is identified or proceeded against in accordance with this Act.

Continuing violation22.23A violation that is continued on more than one day constitutes a separate violation in respect of each day during which it is continued.

Other Provisions

Evidence22.24In any proceeding for a violation, a notice of violation purporting to be issued under subsection 22.11(1) and a certificate purporting to be issued under paragraph 19(1)(a) are admissible in evidence without proof of the signature or official character of the person appearing to have signed it.

Limitation period or prescription22.25No proceedings in respect of a violation may be commenced later than six months after the day on which an inspector becomes aware of the acts or omissions that constitute the alleged violation.

Certification by Minister22.26A document appearing to have been issued by the Minister and certifying the day on which the acts or omissions that constitute the alleged violation became known to an inspector is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, is proof that the inspector became aware of the acts or omissions on that day.

Information may be made public22.27The Minister may make public(a)the name and business address of a person who enters into a compliance agreement, the nature of the compliance agreement — including the acts or omissions and provisions at issue, the conditions included in the compliance agreement and the amount payable under it, if any; or(b)the name and business address of a person who is deemed to have committed a violation or who the Minister determined committed a violation, the acts or omissions and provisions at issue, and the amount payable as a result, if any.

How act or omission may be proceeded with22.28If an act or omission may be proceeded with either as a violation or as an offence, proceeding in one manner precludes proceeding in the other.

— 2011, c. 3, s. 20

20.Paragraph 23(a) of the Act is replaced by the following:(a)in the certificate issued under paragraph 19(1)(a) at the time of the most recent examination made under this Act; or

— 2011, c. 3, s. 21

21.The portion of section 24 of the French version of the Act before paragraph (a) is replaced by the following:

Inobservation des règlements24.Commet une infraction le commerçant qui, pour le commerce, utilise ou a en sa possession un instrument qui :

— 2011, c. 3, s. 22

22.Section 25 of the Act is replaced by the following:

Examination within prescribed period25.Every trader who fails to cause a device to be examined as required by subsection 15(1) is guilty of an offence.

— 2011, c. 3, s. 23

23.Sections 31 and 32 of the Act are replaced by the following:

Obstructing inspector31.(1)Every person who obstructs or hinders an inspector in carrying out their functions under this Act is guilty of an offence.Misleading statements(2)Every person who knowingly makes a false or misleading statement, either orally or in writing, in connection with any matter under this Act, to an inspector who is carrying out their functions under this Act is guilty of an offence.Interference with seized thing(3)Every person who, without an inspector’s permission, removes, alters or interferes in any way with anything seized and detained by an inspector under paragraph 17(1)(c) is guilty of an offence.

Failure to stop vehicle or proceed as directed32.Every operator of a vehicle is guilty of an offence if they wilfully fail(a)to bring the vehicle to a stop in accordance with any order or direction given under subsection 18(1) by a member of the Royal Canadian Mounted Police or of any provincial or municipal police force; or(b)to proceed with the vehicle to an appropriate place in accordance with any order or direction given under subsection 18(2) by an inspector.

— 2011, c. 3, s. 24

24.Subsections 35(1) and (2) of the Act are replaced by the following:

Punishment for first offence35.(1)Every person who is guilty of an offence under any of sections 23 to 34 is liable, for a first offence,(a)on summary conviction, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding six months, or to both; or(b)on conviction on indictment, to a fine not exceeding $25,000 or to imprisonment for a term not exceeding two years, or to both.Punishment for subsequent offences(1.1)Every person who is guilty of an offence under any of sections 23 to 34 is liable, for a second or subsequent offence,(a)on summary conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding six months, or to both; or(b)on conviction on indictment, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding two years, or to both.Punishment for general offence(2)Every person who contravenes any provision of this Act or the regulations for the contravention of which no liability for a punishment is elsewhere provided in this Act is guilty of an offence and liable on summary conviction for a first offence under that provision to a fine not exceeding $10,000, and for a second or subsequent offence under that provision to a fine not exceeding $20,000.

— 2011, c. 3, s. 25

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

Due diligence defence35.1A person may not be convicted of an offence under this Act — other than for a contravention of paragraph 29(b), subsection 30(1) or 31(2) or section 32 — if they establish that they exercised due diligence to prevent the commission of the offence.

— 2011, c. 3, s. 26

26.Section 36 of the French version of the Act is replaced by the following:

Présomption36.Le commerçant qui a en sa possession un instrument qui ne porte pas la marque réglementaire indiquant que son usage est illégal pour le commerce est réputé, sauf preuve contraire, avoir l’instrument en sa possession pour s’en servir à des fins commerciales.

— 2011, c. 3, s. 27

27.Subsection 38(2) of the Act is replaced by the following:Inspector’s certificates(2)In any prosecution for an offence under this Act, a certificate purporting to have been issued by an inspector under subsection 19(1) and to have been signed by the inspector who did the examination is evidence of the matters stated in it relating to the examination without proof of the signature or official character of the person appearing to have signed the certificate.

— 2011, c. 3, s. 28

R.S., c. 27 (1st Supp.), s. 20328.Sections 39 to 41 of the Act are replaced by the following:

Examination and samples of seized things39.(1)If an inspector seizes and detains anything under paragraph 17(1)(c), they shall, at the request of the person from whom the thing is seized, allow that person or any person authorized by that person to examine the seized thing and, if possible, provide that person with a sample of it.Detention(2)A seized thing is not to be detained(a)after the provisions of this Act or any regulations that are applicable to the seized thing have, in the inspector’s opinion, been complied with; or(b)after the expiry of 60 days from the day of seizure, unless, before the expiry of that period,(i)the seized thing has been forfeited under section 41,(ii)a prosecution has been instituted in respect of an offence in relation to which the seized thing is evidence, in which case the seized thing may be detained until the prosecution is finally concluded, or(iii)notice of an application for an order extending the period during which the seized thing may be detained has been served in accordance with section 40.Storing of seized things(3)A seized thing may, at the option of the inspector, be kept or stored in the building or place where it was seized or may be removed to any other proper place by the inspector or at their direction.

Application to extend period of detention40.(1)If a prosecution in respect of an offence in relation to which a seized thing could be evidence has not been commenced, the Minister may, before the expiry of 60 days after the day of seizure and on the serving of prior notice in accordance with subsection (2) on the owner of the seized thing or on the person in whose possession the seized thing was at the time of seizure, apply to a provincial court judge within whose territorial jurisdiction the seizure was made for an order extending the period during which the seized thing may be detained.Notice(2)The notice shall be served by personal service at least five clear days before the day on which the application is to be made to the provincial court judge or by registered mail at least seven clear days before that day and shall specify(a)the provincial court judge to whom the application is to be made;(b)the place where and the time when the application is to be heard, which time shall be not later than 10 days after the day on which the notice is served;(c)the seized thing in respect of which the application is to be made; and(d)the evidence on which the Minister intends to rely to show why the period during which the seized thing may be detained should be extended.Order of extension granted(3)If, on the hearing of an application, the provincial court judge is satisfied that the seized thing should continue to be detained, the provincial court judge shall order that it be detained for any additional period that the provincial court judge considers proper and that on the expiry of that period the seized thing be restored to the person from whom it was seized or to any other person entitled to its possession unless, before the expiry of that period, subparagraph 39(2)(b)(i) or (ii) applies.Order of extension refused(4)If, on the hearing of an application, the provincial court judge is not satisfied that the seized thing should continue to be detained, the provincial court judge shall order that the thing be restored to the person from whom it was seized or to any other person entitled to its possession(a)on the expiry of 60 days after the day of seizure, unless, before the expiry of those 60 days, subparagraph 39(2)(b)(i) or (ii) applies; or(b)immediately, if, at the time of the hearing, the period of 60 days after the day of seizure has expired.

FORFEITURE AND RETURN

Forfeiture on consent41.(1)If the owner or the person in lawful possession of a thing at the time it is seized under paragraph 17(1)(c) consents in writing to its forfeiture, it is forfeited to Her Majesty.Forfeiture by order of court(2)If a person is convicted of an offence under this Act and a thing seized by means of or in relation to which the offence was committed is then being detained, it(a)is, on the conviction, in addition to any punishment imposed for the offence, forfeited to Her Majesty if the forfeiture is directed by the court; or(b)shall, on the expiry of the period for taking an appeal from the conviction or on the final conclusion of the proceedings, as the case may be, be restored to the person from whom it was seized or to any other person entitled to its lawful possession on any conditions, if any, relating to sale or advertising that are imposed by order of the court and that, in the opinion of the court, are necessary to avoid the commission of any further offence under this Act.

— 2011, c. 3, s. 29

29.The Act is amended by replacing “inspected” and “inspection” with “examined” and “examination”, respectively, in the following provisions:(a)paragraph 8(b);(b)paragraphs 10(1)(f), (q) and (r);(c)the heading before section 15;(d)paragraph 19(1)(b);(e)the heading before section 20;(f)subsection 20(1);(g)paragraph 26(1)(c); and(h)subparagraph 29(a)(i).

— 2011, c. 3, s. 29.1

Review29.1(1)The Minister of Industry must complete a review of the provisions and the operation of this Act within five years after it receives royal assent.Report(2)The Minister must cause a report of the results of the review to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the report has been completed.