Weights and Measures Regulations (C.R.C., c. 1605)

Regulations are current to 2017-11-06 and last amended on 2017-09-22. Previous Versions

Written Notice Subsequent to Repairing Device

  •  (1) A device that is of a class or type referred to in subsection 4(1) or a device used in a trade transaction referred to in section 7 is exempt from paragraphs 29(a) and (b) and section 30 of the Act.

  • (2) The written notice referred to in subparagraph 29(a)(ii) of the Act shall be forwarded to the nearest Measurement Canada office within five days from the date of the repair of the device and shall contain the following information:

    • (a) the name and address of the person who made the repair;

    • (b) the name and address of the person to whom the repaired device will be sent;

    • (c) if known to the person who made the repair, the address of the place where the device will be located for examination, if that address is different from the address referred to in paragraph (b);

    • (d) the date of completion of the repair;

    • (e) the make, model and serial number of the device;

    • (f) the range of flow rate or capacity of the device;

    • (g) a description of the repair made;

    • (h) a description of the tests made after the repair to determine the accuracy of the device, the results of such tests and the equipment used for the testing;

    • (i) [Repealed, SOR/81-623, s. 1]

    • (j) whether the person who made the repair removed or broke or found removed or broken any marking, tag or seal placed on or attached to the device by an inspector or a person who had previously adjusted, altered or repaired the device, and, where possible, a description of such marking, tag or seal; and

    • (k) where the person who made the repair removed or broke or found removed or broken any seal, whether he replaced it with another seal and, if so, a description of that seal and the number of the seal, if any.

  • SOR/81-623, s. 1;
  • SOR/93-234, s. 2(F);
  • SOR/2005-297, ss. 40, 41(F), 43;
  • SOR/2014-111, ss. 46, 47(F).

Report Subsequent to Altering, Adjusting or Repairing Device

  •  (1) Where a person repairs a device that is or is to be used in trade without taking possession of it or adjusts or alters such a device, whether or not he takes possession of it, and the alteration, adjustment or repair is of a nature that may affect the accuracy of the device or may result in its no longer being of a class, type or design approved for use in trade, he shall, within five days after the date of the alteration, adjustment or repair, report the following information to the nearest Measurement Canada office:

    • (a) his name and address;

    • (b) the name and address of the person who has possession of the device;

    • (c) the address of the place where the device is located if that address is different from the address referred to in paragraph (b);

    • (d) the date of completion of the alteration, adjustment or repair;

    • (e) the make, model and serial number of the device;

    • (f) the range of flow rate or capacity of the device;

    • (g) a description of the alteration, adjustment or repair made;

    • (h) a description of the tests made after the alteration, adjustment or repair to determine the accuracy of the device, the results of such tests and the equipment used for such testing;

    • (i) [Repealed, SOR/81-623, s. 2]

    • (j) whether the person who made the alteration, adjustment or repair removed or broke or found removed or broken any marking, tag or seal placed on or attached to the device by an inspector or by a person who had previously altered, adjusted or repaired the device and, where possible, a description of such marking, tag or seal; and

    • (k) where the person who made the alteration, adjustment or repair removed or broke or found removed or broken any seal, whether he replaced it with another seal and, if so, a description of that seal and the number of the seal, if any.

  • (2) A report under subsection (1) shall be in writing, but an inspector may authorize the report to be made verbally, in which case the report shall be made verbally.

  • SOR/81-623, s. 2;
  • SOR/2005-297, ss. 40, 41(F);
  • SOR/2014-111, s. 47(F).

Reporting Removal of Marking or Tag or Breaking of Seals

 The report referred to in paragraph 30(2)(b) of the Act shall be in writing, shall be forwarded to the nearest Measurement Canada office within five days of the removal of any marking or tag or breaking of any seal, or the discovery of the removal of any marking or tag or breaking of any seal, and shall contain the following information:

  • (a) the name and address of the person who has possession of the device;

  • (b) the make, model and serial number of the device;

  • (c) the range of flow rate or capacity of the device;

  • (d) the date on which the marking or tag was removed or was discovered to have been removed;

  • (e) the date on which the seal was broken or was discovered to have been broken;

  • (f) the circumstances, if known, of the removal of the marking or tag or of the breaking of the seal;

  • (g) a description, where possible, of the marking or tag that was removed or discovered to have been removed, and of the seal that was broken or discovered to have been broken; and

  • (h) a description of any seal and the number of the seal, if any, that was installed to replace the missing seal.

  • SOR/2005-297, s. 40.

Adjustments or Alterations Prescribed Pursuant to Section 16 of the Act

 For the purpose of section 16 of the Act, the adjustments or alterations that an inspector may make to a device are such adjustments and alterations as are

  • (a) minor in character and unlikely to require a significant amount of time to complete; and

  • (b) needed to make the device comply with these Regulations and any additional specifications established pursuant to sections 13 and 27.

  • SOR/89-570, s. 6(F);
  • SOR/90-118, s. 12.

Limits of Error of Devices

 The limits of error of a device for the purposes of paragraph 24(b) of the Act are those set out

  • (a) as the in-service limits of error in the applicable table in Part V; or

  • (b) as the in-service limits of error in the applicable specifications established under subsection 13(1).

  • SOR/89-570, s. 6(F);
  • SOR/2005-297, s. 6.

PART IICommodities and Services

[SOR/90-278, s. 2]

Interpretation

 In this Part and in Schedule II,

individually measured commodity

individually measured commodity means a commodity that is measured and packaged in a manner other than in accordance with a predetermined fixed quantity and that is, as a result, sold in varying quantities; (marchandise mesurée individuellement)

quantity

quantity means the net quantity of a commodity; (quantité)

statement of quantity

statement of quantity means the quantity stated pursuant to section 9 of the Act. (déclaration de quantité)

  • SOR/89-570, s. 1;
  • SOR/93-234, s. 2.

Exemptions from Marking the Quantity of the Commodity

 The following types of trade transactions are exempt from section 9 of the Act:

  • (a) sales or offers for sale of commodities that are weighed or measured in the presence of the purchaser at the time of sale;

  • (b) sales or offers for sale of commodities that are produced or manufactured only for export;

  • (c) sales or offers for sale by bakeries of bakery products that are not packaged before being offered for sale;

  • (d) retail sales or offers for sale of fresh fruits or fresh vegetables, if a sign or placard that shows the price per unit of measurement on which the total price of the commodity is based is displayed in close proximity to the commodity, and that are

    • (i) not packaged before being offered for sale,

    • (ii) packaged in a wrapper or confining band of less than 13 mm in width, or

    • (iii) packaged in a clear, transparent protective wrapping;

  • (e) sales or offers for sale by automatic vending machines or mobile canteens of individual servings of food that are prepared by a commissary and packaged before being offered for sale;

  • (f) sales or offers for sale of individual portions of food that are packaged before being offered for sale and served by a restaurant or other commercial enterprise with meals or snacks;

  • (g) sales or offers for sale of individually wrapped confections, commonly known as one-bite confections, that are offered for sale or sold individually; and

  • (h) sales or offers for sale of primary mill paper or primary paperboard products, where

    • (i) a statement of the net, gross or other quantity of the commodity and of the manner in which the quantity was calculated is shown in a legible manner on the side of the package containing the commodity that is visible to the purchaser under normal or customary conditions of sale or use, or on a shipping bill, bill of lading or other document accompanying the commodity, and

    • (ii) subject to section 49, the statement of quantity referred to in subparagraph (i) is accurate within the limits of error set out in Column II of an item of the appropriate Part of Schedule II for the stated quantity set out in Column I of that item.

  • SOR/90-118, s. 13;
  • SOR/2005-297, s. 7.
 
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