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

Regulations are current to 2016-06-06 and last amended on 2014-08-01. Previous Versions

  •  (1) Where a trader acquires a measuring machine for use in trade that is part of a receiving or dispensing system installed on a vehicle, he shall make a report in writing to the nearest Measurement Canada office within five days from the date of the acquisition containing the following information:

    • (a) the name and address of the trader;

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

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

    • (d) the make, fleet and unit number of the vehicle on which the machine is installed;

    • (e) the address, if known, at which the machine was located prior to the acquisition; and

    • (f) the new address at which the machine can be examined.

  • (2) If a trader who owns or has in their possession for use in trade a measuring machine described in subsection (1) changes the address at which the machine can be examined, they shall, within five days after the date of changing the address, make a report in writing to the nearest Measurement Canada office containing the information required by paragraphs (1)(a), (b), (c), (d) and (f) and the address at which the machine could have been examined before the change of address.

  • SOR/93-234, s. 2(F);
  • SOR/2005-297, s. 40;
  • SOR/2014-111, s. 23.

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.
 
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