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

Regulations are current to 2016-11-21 and last amended on 2014-08-01. Previous Versions

 Before being sold or otherwise disposed of, or leased, a weighing machine or measuring machine that is of a class, type or design approved under section 3 of the Act and that is referred to in subsection 28(2) shall be marked “Not for Use in Trade until Examined” (“Ne pas utiliser dans le commerce avant l’examen”) or shall be marked with words that convey the same meaning, and those markings shall be in letters of not less than 12 mm in height and shall remain on the device until it has been examined and is found to meet the requirements of the Act and these Regulations.

  • SOR/93-234, s. 2(F);
  • SOR/2005-297, s. 41(F);
  • SOR/2014-111, s. 16.
  •  (1) Before being sold or otherwise disposed of, or leased, a weighing machine or measuring machine that is not of a class, type or design approved under section 3 of the Act and that is not exempt from approval under that section shall be marked “Not Legal for Trade” (“Non légal pour le commerce”) in letters of not less than 6 mm in height.

  • (2) A device described in paragraph 4(2)(a) shall be marked “For Prepackaging Use Only” (“Pour préemballage seulement”) in letters of not less than 6 mm in height.

  • SOR/93-234, s. 2;
  • SOR/2005-297, s. 4;
  • SOR/2014-111, s. 16.

Marking Measuring Tanks

[SOR/2014-111, s. 48(F)]
  •  (1) Before being sold or otherwise disposed of, or leased, a measuring tank that is of a class, type or design approved under section 3 of the Act shall be marked with the following information:

    • (a) the name of the manufacturer or importer of the measuring tank;

    • (b) the model number and serial number of the measuring tank;

    • (c) the approval number for that class, type or design of measuring tank;

    • (d) the maximum capacity of the measuring tank;

    • (e) in the case of a measuring tank that contains one or more internal capacity indicators, the capacity of the measuring tank at the level of each indicator and where there is more than one indicator, the various capacities shown in descending order;

    • (f) in the case of a measuring tank that has been calibrated to a valve located immediately at the outlet of the measuring tank or that has been calibrated to an emergency valve, the words “dry line calibration” (“calibré avec tuyauterie vide”);

    • (g) in the case of a measuring tank that has not been calibrated as set out in paragraph (f), the words “wet line calibration” (“calibré avec tuyauterie pleine”); and

    • (h) in the case of two or more measuring tanks installed on a vehicle, a number or letter in an identifiable sequence commencing with the tank closest to the front of the vehicle and proceeding to the tank closest to the rear of the vehicle.

  • (2) Where two or more measuring tanks are installed on a vehicle, the information required by paragraphs (1)(a) to (g) may appear in one location if the tanks are identified in accordance with paragraph (1)(h) and the information is correlated to the number or letter shown on the tank.

  • (3) The information required by paragraphs (1)(f), (g) and (h) shall be shown in numbers or letters of not less than 12 mm or ½ inch in height.

  • (4) Every internal capacity indicator in a measuring tank shall be marked in numbers or letters at least 6 mm or ¼ inch in height

    • (a) to show the capacity of the tank at the level of the indicator; or

    • (b) to identify the indicator.

  • (5) Where the internal capacity indicator is identified in accordance with paragraph (4)(b), the identification and the capacity of the measuring tank at the level of that indicator shall be shown on the outside of the neck or fill opening of the measuring tank in numbers or letters of at least 12 mm or ½ inch in height.

  • (6) When two or more measuring tanks are installed on a vehicle, the discharge valve for each tank shall be marked in numbers or letters of not less than 6 mm or ¼ inch in height to show the tank from which the commodity is discharged.

  • SOR/2005-297, s. 41(F);
  • SOR/2014-111, ss. 17, 45, 48(F).

Marking Devices “Not for Use in Trade”

 Before being sold or otherwise disposed of, or leased, for a use other than use in trade, a weighing machine or measuring machine that is of a class, type or design approved under section 3 of the Act shall be permanently marked “Not for Use in Trade” (“Ne pas utiliser dans le commerce”) in letters of not less than 12 mm in height.

  • SOR/90-118, s. 7;
  • SOR/2014-111, s. 18.

 Where a trader has in his possession any device that is of a class, type or design approved for use in trade but that is not in his possession for use in trade, the trader shall, for the purpose of section 36 of the Act, mark the device “Not for Use in Trade” (“Ne pas utiliser dans le commerce”) or shall mark the device in words that convey the same meaning and the marking shall be in letters of not less than 12 mm or ½ inch in height.

  • SOR/2005-297, s. 41(F).

Specifications Relating to Installation and Use

 In addition to the specifications set out in Part V, the Minister may from time to time establish specifications relating to the installation and use of any device or class, type or design of device for use in trade.

  • SOR/78-792, s. 2;
  • SOR/93-234, s. 2(F).

Examination of Devices

[SOR/93-234, s. 2; SOR/2014-111, s. 19]
  •  (1) For the purposes of paragraph 26(1)(c) of the Act and subject to subsections (2) and (3), a device that is of a class, type or design approved under section 3 of the Act or that is described in section 8, other than a static measure or a device described in subsection 4(2), shall not be sold or otherwise disposed of, or leased, unless

    • (a) the device is manufactured in Canada and the manufacturer has had it examined by an inspector; or

    • (b) the device is imported into Canada and the dealer who imported the device has had it examined by an inspector.

  • (2) Subsection (1) does not apply to any device, the performance of which cannot be examined until the device is installed for use in trade, if the dealer

    • (a) marks the device in the manner set out in section 22;

    • (b) within five days after shipping the device, sends to the nearest Measurement Canada office a notice in writing containing

      • (i) the dealer’s name and address,

      • (ii) the name of the person to whom the device was shipped,

      • (iii) a description of the device, and

      • (iv) the address of the place where the device is to be installed; and

    • (c) advises the trader that the device must be examined by an inspector before it is used in trade.

  • (3) Subsection (1) does not apply in respect of a device that is to be sold or otherwise disposed of, or leased, for a use other than use in trade if the dealer

    • (a) marks the device in the manner set out in section 25; and

    • (b) within five days after selling or otherwise disposing of, or leasing, the device, sends to the nearest Measurement Canada office a notice in writing containing

      • (i) the dealer’s name and address,

      • (ii) the name and address of the person to whom the device was sold or otherwise disposed of, or leased, and

      • (iii) a description of the device, including the approval number, serial number and model number.

  • SOR/90-118, s. 9;
  • SOR/93-234, s. 2;
  • SOR/2005-297, ss. 5, 40, 41(F);
  • SOR/2014-111, s. 19.
  •  (1) For the purpose of subsection 15(1) of the Act, a trader who uses or possesses for use a device set out in column I of Part I of Schedule I, in the category of trade set out in column II, shall cause the device to be examined within the period set out in column III, counting from the most recent day on or after August 1, 2014 on which a certificate showing that the device meets the requirements of the Act and these Regulations was issued following an examination referred to in paragraph 8(b) or section 15 or 15.1 of the Act.

  • (2) If a device referred to in subsection (1) was used in or possessed for use in trade before August 1, 2014, the trader shall first cause it to be examined for the purpose of subsection 15(1) of the Act within whichever of the following periods ends later:

    • (a) the implementation period set out in column I — or, if the device is used in the retail food trade, in column II — of Part II of Schedule I for the geographic area set out in column III in which the device is located, counting from August 1, 2014; and

    • (b) the period set out for the device in column III of Part I of Schedule I, counting from the most recent day before August 1, 2014 on which a certificate was issued showing that the device meets the requirements of the Act and these Regulations, as they then read.

  • (3) If a device falls under more than one item of Part I of Schedule I, the shortest period set out in column III for those items applies for the purposes of subsection (1) and paragraph (2)(b).

  • (4) For the purpose of paragraph (2)(a), if a device is moved from one geographic area to another before the expiry of the applicable implementation period set out in column I or II of Part II of Schedule I for the geographic area set out in column III from which the device is moved, the implementation period in respect of that device is, counting from August 1, 2014,

    • (a) the applicable implementation period set out in column I or II of Part II of Schedule I for the geographic area set out in column III to which the device is moved; or

    • (b) 24 months — or 36 months if the device is used in the retail food trade — if the period referred to in paragraph (a) has already expired.

  • SOR/93-234, s. 2(F);
  • SOR/2014-111, s. 19.
 
Date modified: