Weights and Measures Act (R.S.C., 1985, c. W-6)

Act current to 2014-11-25 and last amended on 2014-08-01. Previous Versions

Compliance Agreements

Marginal note:Compliance agreements
  •  (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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

  • Marginal note: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.

  • 2011, c. 3, s. 19.
Marginal note:Refusal to enter into compliance agreement
  •  (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.

  • Marginal note: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.

  • Marginal note: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.

  • 2011, c. 3, s. 19.