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Marginal note:Regulations

• 10 (1) The Governor in Council may make regulations

  • (a) prescribing the manner in which a person may apply to have any device or any class, type or design of device approved for use in trade;

  • (b) prescribing a date beyond which a class, type or design of device shall not be approved for use in trade unless it is capable of weighing or measuring in terms of units of measurement set out and defined in Schedule I;

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  • (e.1) prescribing a period, in relation to any category of trade or any class, type or design of device, for the purposes of subsection 15(1);

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  • (g) prescribing the circumstances and the manner in which a trader shall report the location of any device that is owned by the trader or held in the trader’s possession for use in trade;

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  • (i) establishing or providing for the establishment of specifications relating to design, composition, construction and performance to which any device or class, type or design of device shall conform before it may be approved for use in trade and specifications relating to the installation and use of any device or class, type or design of device;

  • (j) prescribing, in respect of any or all categories of trade and in respect of any or all class or classes of persons carrying on business therein, in any geographical areas of Canada, a date beyond which a class, type or design of device shall not be used in trade unless it is capable of weighing or measuring in terms of units of measurement set out and defined in Schedule I;

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  • (n) prescribing, in respect of any or all categories of trade in any geographical areas of Canada, the units or multiples or subdivisions of units of measurement that shall be used for offering, advertising or displaying commodities for retail trade in terms of price per unit of measurement;

  • (o) prescribing, in respect of any or all categories of trade and in respect of any or all class or classes of persons carrying on business therein, in any geographical areas of Canada, a date beyond which units of measurement set out and defined in Schedule II shall not be used in trade;

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  • (u) exempting, conditionally or unconditionally, any device or class, type or design of device or any class or type of trade transaction from any or all of the provisions of this Act; and

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Marginal note:Deemed possession for use in trade

36 Where a trader has in his possession any device that is not marked as prescribed to show that it is not for use in trade, the trader shall, in the absence of evidence to the contrary, be deemed to have that device in his possession for use in trade.

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Marginal note:Payment of fees if dispute

• 21 (1) If a dispute arises between a trader and any other person with respect to the accuracy of a device that is used by the trader in trade and an inspector examines the device at the request of the trader or other person, the fee for the examination shall be paid

  • (a) by the trader, where the device does not meet the requirements of this Act and the regulations; and

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Marginal note:Examinations within prescribed periods

• 15 (1) Every trader who uses a device in trade, or possesses a device for trade, shall cause it to be examined, within the prescribed period, by an inspector.

• Marginal note:Extensions

  (2) The Minister may, in the prescribed circumstances, grant to a trader an extension of the period, but no extension may exceed one year.

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Marginal note:Examinations within prescribed periods

• 15 (1) Every trader who uses a device in trade, or possesses a device for trade, shall cause it to be examined, within the prescribed period, by an inspector.

• Marginal note:Extensions

  (2) The Minister may, in the prescribed circumstances, grant to a trader an extension of the period.

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