Adjustments or Alterations Prescribed Pursuant to Section 16 of the Act
43. 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
44. 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.
COMMODITIES AND SERVICES
45. 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” 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
46. 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.
- Date modified: