Marking of Commodities
Marginal note:Marking commodities for sale
9 (1) No trader shall sell, offer for sale or have in their possession for sale on the basis of number or measure any commodity, unless its quantity is stated accurately within prescribed limits of error and in the manner prescribed in terms of number or units of measurement of length, area, volume or capacity, or mass or weight on the following items, as may be prescribed:
(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.
- R.S., 1985, c. W-6, s. 9;
- 2011, c. 3, s. 13.
(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 functions 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;
(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);
(f) prescribing the circumstances in which an examination 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 things seized and detained under paragraph 17(1)(c);
(l) respecting the disposition of 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 examination or other service provided by an inspector under this Act;
(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;
(r) determining the nature of any charges that a person may be required to pay in relation to any examination 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.
Marginal note: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.
(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);
- 2011, c. 3, ss. 14, 29.
Reference and Local Standards
Marginal note:Reference standards
Marginal note:Additions to and deletions from Schedule IV
(2) The Governor in Council may by order amend Schedule IV
- 1970-71-72, c. 36, s. 11.
Marginal note:Calibration and certification of standards
12 (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.
(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.
Marginal note:Designation of local standards
Marginal note: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.
Marginal note:Replacement or restoration of standards
14 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.
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