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

Regulations are current to 2016-08-15 and last amended on 2014-08-01. Previous Versions

 For the purpose of subsection 15(2) of the Act, the Minister may grant to a trader an extension of a period established under subsection 29(1) or (2) if

  • (a) the trader sends to the nearest Measurement Canada office a written request containing

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

    • (ii) the address where the device is located, if different from that referred to in subparagraph (i),

    • (iii) the device’s make, model and serial number,

    • (iv) the range of the flow rate or the maximum load that may be measured by the device,

    • (v) the date of the most recent regulatory examination of the device,

    • (vi) a description of the purpose for which the device is used, sufficient to determine the category of trade in which it is used,

    • (vii) the reason for the extension request,

    • (viii) the efforts made to comply with the period, and

    • (ix) the duration of the extension being requested, not to exceed one year;

  • (b) the trader establishes that circumstances beyond their control make it impossible to have the device examined within the period; and

  • (c) the trader has not previously been granted an extension of the period.

  • SOR/2014-111, s. 19.

Marking of Devices

[SOR/93-234, s. 2(F); SOR/2014-111, s. 19]
  •  (1) An inspector who, for the purposes of paragraph 8(b) or 26(1)(c) of the Act, examines a device and determines that it meets the requirements of the Act and these Regulations shall mark the device or the container in which the device is stored when not in use with an examination mark in accordance with subsections (2), (3) and (4).

  • (2) A device referred to in subsection (1) shall be marked by means of a steel die or, if that is not possible, by means of a sticker.

  • (3) The examination mark shall be placed,

    • (a) in the case of a weighing or measuring machine to which a plate is permanently affixed, on the blank area referred to in subsection 18(2) or, if that is not possible, close to the plate;

    • (b) in the case of a weighing or measuring machine to which no plate is permanently affixed, on a part of the machine where it will be readily legible to a person using the machine under normal conditions of use;

    • (c) in the case of a weight that has a lead plug, on the lead plug; and

    • (d) in the case of a weight that does not have a lead plug, on any appropriate part of the weight.

  • (4) Despite subsection (3), if a device is so small that it cannot be marked in accordance with that subsection, the examination mark shall be placed on the container in which the device is stored when not in use.

  • SOR/2014-111, s. 19.

 An inspector who marks a weighing or measuring machine with an examination mark under section 30 shall also place an examination sticker on the device.

  • SOR/2014-111, s. 19.
  •  (1) An inspector who, under section 15 of the Act, examines a weighing or measuring machine set out in column I of Part I of Schedule I that is or is to be used in the category of trade set out in column II or who, under section 15.1 of the Act, examines a weighing or measuring machine that is or is to be used in trade and, in either case, determines that the machine meets the requirements of the Act and these Regulations shall mark the machine by placing on it an examination sticker.

  • (2) An inspector who, under paragraph 17(1)(b) or subsection 21(2) of the Act, examines a weighing or measuring machine that is or is to be used in trade and determines that it meets the requirements of the Act and these Regulations shall mark the machine by placing on it a sticker bearing the examination mark.

  • (3) An inspector who, under section 15 of the Act, examines a weight set out in column I of Part I of Schedule I that has a lead plug and that is or is to be used in the category of trade set out in column II or who, under section 15.1, paragraph 17(1)(b) or subsection 21(2) of the Act, examines a weight that has a lead plug that is or is to be used in trade and, in either case, determines that the weight meets the requirements of the Act and these Regulations shall

    • (a) mark the plug with an examination mark by means of a steel die; or

    • (b) if the weight is so small that this is not possible, place an examination mark on the container in which the weight is stored when not in use.

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

Sealing of Devices

 For the purpose of paragraph 19(2)(a) of the Act, the seal that shall be attached by an inspector who marks, as prescribed by section 30 or 31, a volumetric liquid meter, measuring tank or electronic device, other than a weighing device to which the Specifications Relating to Non-Automatic Weighing Devices (1998) apply, shall be of the self-adhesive, self-locking or lead-and-wire type.

  • SOR/98-115, s. 4;
  • SOR/2005-130, s. 4;
  • SOR/2014-111, ss. 19, 48(F).

Accessibility and Assistance for Examining and Sealing Devices

[SOR/2014-111, s. 20]
  •  (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 examine the device, including performing a thorough visual examination of it and its components;

    • (b) to verify the sealing means on the device and to seal it; and

    • (c) to transport and to manoeuvre by customary means the local standards and other equipment necessary for performing the examination.

  • (2) Subsection (1) does not apply if the owner or person in possession of the device agrees

    • (a) to put at the inspector’s disposal the necessary facilities and to supply the necessary labour, test products, standards calibrated in relation to a relevant local standard and any other equipment necessary for examining and sealing the device; or

    • (b) on the request of the inspector, to remove the device to a suitable location and to supply the necessary equipment, material and services for examining and sealing the device.

  • (3) [Repealed, SOR/2005-130, s. 5]

  • SOR/98-115, s. 4;
  • SOR/2005-130, s. 5;
  • SOR/2014-111, ss. 21, 49(F).

Device Maintenance and Adjustment

 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.

 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.

 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

 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).

 [Repealed, SOR/90-118, s. 11]

Reporting Location of Devices Installed for Use in Trade

  •  (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) If a device described in subsection (2) has been removed from its installation and is installed again, the trader who owns the device or has it in their 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;
  • SOR/2014-111, s. 22(E).
 
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