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

Regulations are current to 2016-06-21 and last amended on 2014-08-01. Previous Versions

Application for Approval of a Class, Type or Design of Device

[SOR/2005-297, s. 41(F)]

 An application for the approval of a device, or of a class, type or design of device for use in trade shall be made in writing to the Minister and shall contain the following information:

  • (a) a description of the commodity that a device of that class, type or design is designed to measure;

  • (b) the different units of measurement registered by a device of that class, type or design;

  • (c) the range of flow rate or capacity of a device of that class, type or design; and

  • (d) where the manner of installation or use affects the performance of a device of that class, type or design, the manner in which the device is to be installed or used.

  • SOR/85-736, s. 1;
  • SOR/2005-297, s. 41(F).
  •  (1) The application referred to in section 14 shall be accompanied by duplicate copies of

    • (a) test data relating to the actual service performance of the device or to the simulated service performance of the device;

    • (b) the principal drawings and specifications to be used by the manufacturer in assembling, testing and, where applicable, installing devices of that class, type or design; and

    • (c) the promotional material, bulletins, brochures, instructions and other information distributed or intended for distribution to purchasers or prospective purchasers of a device of the class, type or design to which the application relates.

  • (2) A person who submits an application under section 14 shall, when requested to do so by the Minister, supply to the Minister such additional information, test data, drawings or specifications as are necessary to enable the Minister to deal with the application.

  • SOR/2005-297, s. 41(F);
  • SOR/2014-111, s. 10(F).

 On the request of the Minister and under any conditions that may be specified by him or her, the applicant shall make available to the Minister one or more devices of the class, type or design to which the application relates, together with any information, equipment, material and services that are required to evaluate the device for approval.

  • SOR/2005-297, s. 41(F);
  • SOR/2014-111, s. 11.

Notice of Approval

 Where the Minister approves a class, type or design of device for use in trade, he shall issue to the applicant therefor a written notice of approval containing the following information:

  • (a) a description of the class, type or design of device approved;

  • (b) the date of approval;

  • (c) the approval number assigned to the class, type or design of device approved;

  • (d) where a class, type or design of device is approved for use in trade for a specific purpose only, the specific purpose for which it may be used and the purpose for which its use is prohibited;

  • (e) where a class, type or design of device is approved for use in trade in a specific manner only, the specific manner in which it may be used and the manner in which its use is prohibited;

  • (f) such information relating to specifications for installation or use of a device of the class, type or design approved as the Minister considers necessary;

  • (g) the markings that are required to be shown on a device of that class, type or design; and

  • (h) such other information as the Minister considers necessary.

  • SOR/2005-297, s. 41(F).

Form of Marking of Devices

  •  (1) With the exception of weighing devices to which the Specifications Relating to Non-automatic Weighing Devices (1998) apply, the information required by these Regulations to be marked on a device shall be marked

    • (a) on the device;

    • (b) on a plate or plates permanently affixed to the device;

    • (c) partly on the device and partly on a plate or plates that are permanently affixed to the device; or

    • (d) in the case of a device not large enough to accommodate the required information in the manner referred to in paragraph (a), (b) or (c), on a notice attached to or displayed in close proximity to the device.

  • (2) If information is marked on a plate, a suitable area of not less than 12 mm by 25 mm shall be left blank on the plate for the examination mark referred to in section 30 and the plate shall be made of a durable material and shall be located and mounted so that it can be stamped with a steel die.

  • (3) The information required by these Regulations to be marked on the device shall be shown in numbers or letters that are

    • (a) permanent;

    • (b) clear;

    • (c) of a height reasonably appropriate to the size of the device and, unless otherwise specified in these Regulations or in specifications established by the Minister, in numbers or letters of not less than 3 mm or 1/8 inch in height; and

    • (d) located in such a place as to be readily legible by a person using the device under normal conditions of use.

  • (4) When numbers are used with letters or in place of letters on any marking on a device, the size and height of the numbers shall correspond to the size and height of the letters used or required to be used thereon by these Regulations.

  • SOR/93-234, s. 2(F);
  • SOR/98-115, s. 2;
  • SOR/2005-130, s. 2;
  • SOR/2014-111, s. 12.

Marking Static Measures Approved for Use in Trade

 Before being sold or otherwise disposed of, or leased, a static measure that is of a class, type or design approved for use in trade and that is manufactured on or after January 1, 1976 shall be marked with the following information:

  • (a) the name or registered trade mark of the manufacturer or importer of the measure;

  • (b) the approval number for that class, type or design of measure;

  • (c) the capacity of the measure expressed in terms of the appropriate unit of measurement;

  • (d) the words “Legal for Trade” (“Légal pour le commerce”); and

  • (e) any other information required to be marked on the device by the notice of approval.

  • SOR/2005-297, s. 41(F);
  • SOR/2014-111, s. 13.

Marking Weights Approved for Use in Trade

  •  (1) Before being sold or otherwise disposed of, or leased, a weight that is of a class, type or design approved for use in trade shall be marked with the following information:

    • (a) the number of units of mass or weight that the weight contains;

    • (b) in the case of a counterpoise weight used as part of a weighing machine, the number of units of mass or weight to which the weight is equivalent when used as a counterpoise with the weighing machine of which it forms a part;

    • (c) in the case of a weight of 1 gram or multiple or submultiple thereof, the word “gram” or its symbol “g”, together with the appropriate prefix or symbol as set out in Part V of Schedule I to the Act;

    • (d) in the case of a weight of 1 troy ounce, or multiple or submultiple thereof, the word “troy” or its abbreviation; and

    • (e) in the case of a weight of any avoirdupois unit or multiple or submultiple thereof that is manufactured or imported after January 1, 1976, the name of the unit or the symbol or abbreviation for the unit.

  • (2) Paragraphs (1)(c), (d) and (e) do not apply to a weight that is so small that it is impracticable to show the information required by those paragraphs.

  • (3) Paragraph (1)(a) does not apply to

    • (a) sheet metal or wire weights of 1 milligram or multiples or submultiples thereof, or

    • (b) sheet metal or wire weights of 1 grain or multiples or submultiples thereof

    if the weights are manufactured in the customary distinctive shapes to denote the multiple or submultiple of the milligram or grain that the weight represents.

  • SOR/2005-297, s. 41(F);
  • SOR/2014-111, s. 14.

Marking Approved Weighing Machines, Measuring Machines and Related Equipment and Accessories

 Before being sold or otherwise disposed of, or leased, a weighing machine (other than a weighing device to which the Specifications Relating to Non-Automatic Weighing Devices (1998) apply) or measuring machine that is of a class, type or design approved under section 3 of the Act, and any equipment or accessory attached to or used in conjunction with the machine that has or could have an effect on the accuracy of the machine and that was approved under section 3 of the Act shall be marked with the following information:

  • (a) the name of the manufacturer or importer of the machine, equipment or accessory;

  • (b) the model number and serial number of the machine, equipment or accessory;

  • (c) the approval number of the machine, equipment or accessory;

  • (d) in the case of a volumetric liquid meter,

    • (i) the minimum and maximum flow rates, and

    • (ii) if the meter is equipped with an automatic temperature compensator, the words “Volume corrected to 15°C” or “Volume corrigé à 15°C”, immediately adjacent to the registration of net quantity;

  • (e) in the case of a weighing machine, the maximum load that may be weighed on the machine;

  • (f) in the case of any equipment or accessory, the range for which it was approved pursuant to section 3 of the Act; and

  • (g) any other information that is required by the notice of approval issued pursuant to section 3 of the Act.

  • SOR/90-118, s. 6;
  • SOR/98-115, s. 3;
  • SOR/2005-130, s. 3;
  • SOR/2014-111, s. 15.
 
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