Accessibility and Assistance for Inspecting, Testing and Sealing Devices
33. (1) Subject to subsection (2), the owner or person in possession of a device shall ensure that the location of the device, or access to it by customary means, is such that an inspector is able
(a) to inspect and test the device, including a visual examination of its particular elements;
(b) to verify the sealing means on the device and to seal it; and
(c) to transport and to manoeuvre the applicable local standards and other testing equipment by customary means in the amount and size necessary for the test.
(2) Subsection (1) does not apply where the owner or person in possession of the device agrees
(a) to supply the labour and to supply and arrange the facilities, test products, standards calibrated in relation to a relevant local standard and other testing equipment that may be required to inspect, examine, test and seal the device; or
(b) on the request of the inspector, to remove the device to a suitable location and to supply the equipment, material and services that may be necessary to inspect, examine, test and seal the device.
(3) [Repealed, SOR/2005-130, s. 5]
- SOR/98-115, s. 4;
- SOR/2005-130, s. 5.
Device Maintenance and Adjustment
34. A device shall be maintained in proper operating condition and, where cleanliness can affect its performance, shall be kept clean.
- SOR/98-115, s. 4.
35. Where a device has a means of adjustment, an adjustment shall be made only to correct the condition that the adjustment is designed to correct and shall not be used to compensate for faulty installation or for worn or defective parts.
- SOR/98-115, s. 4.
35.1 A person who alters, adjusts or repairs a device in a way that may affect the accuracy of measurement shall also take steps to ensure that the device is calibrated immediately after the alteration, adjustment or repair so that the measurement error is as close to zero as possible within the normal operating range of the device.
- SOR/98-115, s. 4.
Rejected Static Measures
36. Where an inspector determines that a static measure that is or is to be used in trade does not meet the requirements of the Act and these Regulations, he shall deface any markings referred to in paragraphs 19(b) and (d).
37. [Repealed, SOR/90-118, s. 11]
Reporting Location of Devices Installed for Use in Trade
38. (1) This section and section 39 do not apply to a class or type of device referred to in subsection 4(1) or to a device used in a trade transaction referred to in section 7.
(2) Where a trader installs or causes to be installed for use in trade
(a) a volumetric liquid measuring machine as part of a receiving or dispensing system, or
(b) any other device that, before it is used, is installed on a base, foundation, frame or other means of support, or is incorporated into a structure or system specifically made or prepared for the device, and the manner of installation can affect the performance of the device,
the trader shall, within five days after the date of the installation, make a report in writing to the nearest Measurement Canada office containing the following information:
(c) the name and address of the trader;
(d) the make, model and serial number of the device;
(e) the range of flow rate or capacity of the device; and
(f) the address and description of the place where the device is installed.
(3) Where a device described in subsection (2) has been removed from its installation and is installed again, the trader who owns the device or holds it in his possession for use in trade shall, within five days after the date of the installation, make a report in writing to the nearest Measurement Canada office containing the information required by subsection (2) and the address and description of the place where the device was previously installed.
- SOR/2005-297, ss. 40, 41(F), 43.
- Date modified: