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

Regulations are current to 2024-02-20 and last amended on 2019-06-17. Previous Versions

PART IIILocal Standards (continued)

Tolerances for Local Standards

  •  (1) Subject to subsection (2), the amount set out in Column II of an item in the appropriate Part of Schedule IV is hereby prescribed to be the tolerance for the purpose of subsection 13(1) of the Act for a local standard that has a nominal value set out in Column I of that item.

  • (2) If the nominal value of a local standard is not set out in column I of the appropriate Part of Schedule IV, the tolerance for that standard shall be the amount resulting from linear interpolation between the tolerances set out in column II of that Part in respect of the nominal values set out in column I that are nearest to the nominal value of the standard.

  • (3) The tolerances set out in Parts XI and XII of Schedule IV for the nominal value of cylindrical graduated standards are also the tolerances for any other values that are marked on those standards as intermediate graduations.

  • (4) For the purposes of subsection 13(1) of the Act, the tolerance for a local standard referred to in subsection 56(2) at any point within the measuring range designated by the owner of the standard for the purpose of use of the standard is two per cent of the value or reading of that point indicated by the reference standard.

  • SOR/86-132, s. 1
  • SOR/89-570, s. 6(F)
  • SOR/2005-297, s. 12
  • SOR/2014-111, s. 26

 [Repealed, SOR/90-118, s. 16]

Calibration and Certification of Local Standards

[
  • SOR/93-234, s. 2(F)
]
  •  (1) Every local standard described in column I of the table to this subsection shall be calibrated and certified at least once within the period set out in column II.

    TABLE

    ItemColumn IColumn II
    Local StandardPeriod
    1A weight, other than a weight referred to in items 2 to 4, that is used by an inspector in examining devices for use in trade blank line1 year
    2A weight that is retained in one location and that is used exclusively in examining discontinuous totalizing weighing systems at that location blank line5 years
    3A weight, other than a troy weight, that is retained at a Measurement Canada office blank line5 years
    4A troy weight that is retained at a Measurement Canada office blank line10 years
    5A static volumetric measure other than a measure described in item 6 blank line1 years
    6A static volumetric measure that is made of glass blank line10 years
    7A stoppered pycnometer standard blank line10 years
    8A volumetric liquid measuring machine, other than a volumetric liquid meter, that has a valve or any other moving or movable part that has or can have an effect on the accuracy of the machine blank line4 years
    9A volumetric standard not otherwise provided for in this table blank line2 years
    10A linear static measure blank line10 years
    11A standard of temperature
    (a) of the glass capillary type blank line10 years
    (b) of any other type blank line2 years
    12A standard of density of the pressure hydrometer type blank line10 years
    13A standard of electricity measuring watt hours blank line1 years
    14A standard of electricity measuring volt ampere hours blank line1 years
    15A standard of electricity measuring var hours blank line1 years
    16A standard of electricity measuring amperes rms blank line5 years
    17A standard of electricity measuring volts rms blank line5 years
  • (2) Where the tolerance for a local standard is that referred to in subsection 54(4), every local standard described in column I of the table to this subsection shall be calibrated and certified at least once within the period set out in column II.

    TABLE

    ItemColumn IColumn II
    Local StandardPeriod
    1Any electricity measuring standard not specified in subsection (1) blank line1 years
    2Any gas measuring standard not specified in subsection (1) blank line2 years
  • SOR/93-234, s. 2(F)
  • SOR/2005-297, s. 13
  • SOR/2014-111, ss. 27, 46

 [Repealed, SOR/2005-297, s. 13]

PART IVFees and Charges

 [Repealed, SOR/79-747, s. 1]

 In this Part,

travel time

travel time means the time that is spent by an inspector travelling to and returning from the place where a service set out in subsection 59(1) is provided; (temps de déplacement)

waiting time

waiting time means the time during which an inspector is ready to commence or continue the provision of a service set out in subsection 59(1) but is prevented from so doing because

  • (a) a device necessary to the provision of the service is being altered or adjusted by another person, or

  • (b) of actions or omissions affecting the provision of the service which are beyond the control of the inspector. (période d’attente).

  • SOR/79-747, s. 1
  • SOR/85-736, s. 2
  • SOR/87-582, s. 1
  • SOR/93-413, s. 1

 The fees and charges under this Part do not apply to services provided by an inspector who is not employed in the federal public administration.

  • SOR/2014-111, s. 28
  •  (1) The fees and charges for the following services provided by an inspector shall be determined in accordance with Part I of Schedule V:

    • (a) examination of a device in accordance with a request referred to in section 15.1 or subsection 21(2) of the Act;

    • (b) examination of a device for the purposes of paragraph 8(b) of the Act;

    • (c) calibration of a standard, other than a standard used or intended to be used by an inspector to examine a device, at the request of the owner or person in possession of the standard;

    • (d) examination of a commodity at the request of the owner or person in possession of the commodity;

    • (e) provision of any service related to an application for the approval of a device or of a class, type or design of a device referred to in section 14; and

    • (f) alteration or adjustment of a device with the consent of the owner or person in possession of the device.

  • (2) Where, in order to provide a service set out in subsection (1), an inspector provides or transports a piece of equipment or a vehicle described in column I of item 1 of Part II of Schedule V, the applicable charges set out in column II of that item shall be paid in addition to the fees and charges set out in Part I of that Schedule.

  • (3) The charges incurred by an inspector for accommodation, meals, incidental expenses and transportation referred to in Schedule V are determined in accordance with the rates and allowances set out in the “Travel Directive” contained in the Treasury Board Manual that are in effect at the time that the service set out in subsection (1) is provided.

  • (4) Where the fees and charges set out in Schedule V are calculated on the basis of time, that time includes travel time and waiting time.

  • SOR/79-747, s. 1
  • SOR/85-736, s. 2
  • SOR/87-582, s. 2
  • SOR/93-413, s. 1
  • SOR/2014-111, ss. 29, 49(F)

 [Repealed, SOR/94-650, s. 2]

 [Repealed, SOR/85-736, s. 2]

 [Repealed, SOR/93-413, s. 2]

 If, in order to perform an examination, an inspector requires any equipment, material or commodity that is not customarily supplied by a Measurement Canada office and that has not been supplied by the dealer or trader for whom the examination is to be performed, the cost of purchasing or renting the necessary equipment, material or commodity and transporting it to and from the place where the examination is to be performed shall be payable in addition to the fee and charge otherwise payable for the examination.

  • SOR/93-234, s. 2(F)
  • SOR/2005-297, s. 40
  • SOR/2014-111, s. 30

Payment of Fees and Charges

  •  (1) Subject to section 21 of the Act, the fee and charge prescribed by these Regulations for the examination, altering or adjusting of a device shall be paid by the owner of the device or by the person in possession of the device.

  • (2) Where a commodity is examined pursuant to the Act, the fee and charge prescribed by these Regulations for examining the commodity shall be paid by the person who requests the examination.

  • SOR/93-234, s. 2(F)
  • SOR/2014-111, s. 46

PART VSpecifications Relating to Devices

Establishment of Specifications

  •  (1) Subject to subsection (2), this Part establishes the specifications relating to

    • (a) the design, composition, construction and performance to which a class, type or design of device described in this Part shall conform before it may be approved for use in trade pursuant to section 3 of the Act; and

    • (b) the installation and use of any class, type or design of device described in this Part.

  • (2) Weighing devices to which the Specifications Relating to Non Automatic Weighing Devices (1998) apply are exempt from this Part.

  • SOR/93-234, s. 2(F)
  • SOR/94-691, s. 4(F)
  • SOR/98-115, s. 6
  • SOR/2005-130, s. 6

DIVISION IDevices in General

Design, Composition and Construction

 Every device for use in trade shall be of such design, composition and construction as will reasonably ensure its ability to provide satisfactory accuracy throughout its normal life and eliminate means of perpetrating fraud when in use.

Performance

[
  • SOR/2005-297, s, 42(F)
]
  •  (1) Every device for use in trade set out in Column I of an item of the table to this subsection shall be of such stability that under all temperatures and other conditions that may normally be encountered in use, and without adjustments other than those specifically provided for use of the device, the device is capable of measuring accurately within applicable in-service limits of error throughout the applicable period set out in Column II of that item.

    TABLE

    Column IColumn II
    ItemDevicePeriod
    1Measuring tank having a capacity greater than 450 L or 100 gallons blank line5 years
    2Slow-flow meter having a flow rate of 115 L or less per hour or 25 gallons or less per hour blank line5 years
    3Any device not described in item 1 or 2 blank line2 years
  • (2) Where a device is tested for performance and a specific value for the known test quantity is not set out in the applicable table to this Part or in specifications established pursuant to subsection 13(1), the acceptance limits of error and in-service limits of error shall be determined by linear interpolation between the lower and higher limits of error nearest to the known test quantity.

  • SOR/80-290, s. 2
  • SOR/89-570, s. 6(F)
  • SOR/90-118, s. 17
  • SOR/2005-297, s. 14
  • SOR/2014-111, s. 45

Installation and Use

  •  (1) Every device for use in trade shall be installed, maintained and used so as to permit accurate measurement and eliminate means of perpetrating fraud when in use.

  • (2) A device referred to in subsection (1) shall not be used to measure any quantity of commodity unless the limit 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 is equal to or greater than

    • (a) the value of the minimum increment of registration of the device if the device has digital means of registration; or

    • (b) one-half the value of the minimum increment of registration of the device if the device has analogue means of registration only.

  • SOR/90-118, s. 18
 

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