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Weights and Measures Regulations

Version of section 28 from 2006-03-22 to 2014-07-31:

  •  (1) Subject to subsections (2) and (3), a device that is of a class, type or design approved pursuant to 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, leased or otherwise disposed of unless

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

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

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

    • (a) marks the device as prescribed in section 22; and

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

      • (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.

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

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

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

      • (i) the name and address of the dealer,

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

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

  • (4) A dealer or trader who installs or causes to be installed a device described in subsection (2) for use in trade shall have the device inspected by an inspector before it is used in trade.

  • SOR/90-118, s. 9
  • SOR/93-234, s. 2
  • SOR/2005-297, ss. 5, 40, 41(F)

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