Precious Metals Marking Act (R.S.C., 1985, c. P-19)

Act current to 2017-09-27 and last amended on 2011-11-29. Previous Versions

Marginal note:Certificate to be produced
  •  (1) The Commissioner shall furnish every inspector with a certificate of his designation as an inspector and on entering the premises of any dealer an inspector shall, if required to do so, produce the certificate to the person in charge of those premises.

  • Marginal note:Assistance to inspectors

    (2) A dealer or the person appearing to be in charge of the premises of a dealer and every person found therein shall, if requested to do so by an inspector, give an inspector all reasonable assistance to enable him to carry out his duties and functions under this Act and the regulations and shall furnish him with any information he may reasonably require with respect to any article found in the premises.

  • Marginal note:Obstruction of inspectors

    (3) No person shall obstruct or hinder an inspector engaged in carrying out his duties and functions under this Act and the regulations.

  • Marginal note:False statements

    (4) No person shall knowingly make a false or misleading statement either orally or in writing to an inspector engaged in carrying out his duties and functions under this Act and the regulations.

  • R.S., 1985, c. P-19, s. 8;
  • 1999, c. 2, s. 49.

Regulations

Marginal note:Regulations

 The Governor in Council may make regulations

  • (a) designating articles and parts of articles that are exempt from the application of this Act;

  • (b) designating parts of articles that are exempt from assay for the purposes of this Act;

  • (c) designating any metal and any alloy thereof to be a precious metal for the purposes of this Act;

  • (d) designating quality marks that may be applied to plated articles and quality marks that may be applied to other precious metal articles;

  • (e) prescribing marks indicating the nature of the base metal content of a plated article and prescribing the circumstances in which the use of those marks is required;

  • (f) establishing minimum precious metal content and quality standards and precious metal quality tolerances in respect of precious metal articles to which quality marks may be applied;

  • (g) prescribing the methods by which quality marks and trade-marks may be applied to precious metal articles;

  • (h) prescribing the meaning to be attributed to quality marks designated pursuant to paragraph (d); and

  • (i) with respect to any other matter concerning which he deems regulations necessary or desirable to carry out the purposes and provisions of this Act.

  • R.S., c. P-19, s. 9.

Offences and Punishment

Marginal note:Offences and punishment
  •  (1) Every dealer who

    • (a) applies to a precious metal article a mark not authorized by this Act or the regulations to be applied thereto,

    • (b) applies a mark to a precious metal article otherwise than in accordance with this Act and the regulations,

    • (c) omits or neglects to apply to a precious metal article any mark required by this Act or the regulations to be applied thereto,

    • (d) sells or imports into Canada a precious metal article to which a mark not authorized by this Act or the regulations has been applied or that is marked otherwise than in accordance with this Act and the regulations or that has not applied thereto any mark required by this Act or the regulations to be applied thereto,

    • (e) destroys, defaces or in any manner renders indecipherable any mark applied to a precious metal article in accordance with this Act and the regulations,

    • (f) applies to a plated article a mark that guarantees or purports to guarantee or induces or tends to induce a belief that the precious metal with which the article is plated will wear for a period of time, whether specified or not,

    • (g) sells or imports into Canada a plated article to which a mark described in paragraph (f) has been applied,

    • (h) prints, causes to be printed, issues, publishes, imports or in any manner makes use of any printed or written matter in the nature of an advertisement guaranteeing or purporting to guarantee or inducing or tending to induce a belief that the precious metal with which a plated article is plated will wear or last for a period of time, whether specified or not,

    • (i) in any advertisement of a precious metal article or in any publication related to a precious metal article uses any mark the application of which to the article is not authorized by this Act or the regulations, or

    • (j) in any manner not provided for in this subsection or subsection (2) contravenes or fails to comply with any provision of this Act or the regulations,

    is guilty of an offence and liable on summary conviction to a fine not exceeding five hundred dollars.

  • Marginal note:Idem

    (2) Every person who contravenes or fails to comply with any provision contained in subsections 8(2) to (4) is guilty of an offence and liable on summary conviction to a fine not exceeding five hundred dollars.

  • Marginal note:Limitation period

    (3) A prosecution under subsection (1) may be instituted at any time within but not later than one year after the time when the subject-matter of the complaint arose.

  • R.S., c. P-19, s. 10;
  • 1984, c. 40, s. 59.
Marginal note:Disposition of articles on conviction
  •  (1) Every article in respect of which a conviction is had under this Act shall be broken, broken down or defaced and every part of the article, other than precious and semi-precious stones, watch movements and any other part designated by the regulations, is, on such conviction, in addition to any other punishment imposed, forfeited to Her Majesty and, subject to subsection (3), shall be disposed of in such manner and at such time and place as the Commissioner may direct.

  • Marginal note:Disposition of printed or written matter on conviction

    (2) All printed or written matter in respect of which a conviction is had under this Act is on the conviction, in addition to any other punishment imposed, forfeited to Her Majesty, and, subject to subsection (3), shall be disposed of in such manner and at such time and place as the Commissioner may direct.

  • Marginal note:Protection of persons claiming interest

    (3) Sections 74 to 76 of the Fisheries Act applies, with such modifications as the circumstances require, in respect of any article or printed or written matter forfeited under subsection (1) or (2) as though that article or matter were an article forfeited under subsection 72(1) of that Act.

  • R.S., 1985, c. P-19, s. 11;
  • 1999, c. 2, s. 49.
Marginal note:Certificate of Master or assayer

 In any prosecution under this Act, a document purporting to be a certificate of the Master or any assayer of the Royal Canadian Mint stating that he has assayed or examined an article and stating the result of his assay or examination is admissible in evidence and in the absence of any evidence to the contrary is proof of the statements contained in the certificate without proof of the signature or official character of the person appearing to have signed the certificate.

  • R.S., c. P-19, s. 12.
 
Date modified: