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

Regulations are current to 2021-11-17 and last amended on 2019-06-17. Previous Versions

PART IDevices (continued)

Exemptions from Approval (continued)

 A static measure examined and certified by an inspector on or before December 31, 1989 is exempt from paragraph 8(a) of the Act.

  • SOR/90-118 s. 5
  • SOR/2014-111, s. 46

 A device or class, type or design of device is exempt from paragraph 8(a) of the Act if every part of the device that can have an effect on the accuracy of the device or class, type or design of device is approved pursuant to section 3 of the Act.

  • SOR/90-118, s. 5

Exemptions from Subsection 19(2) of the Act

 The following devices are exempt from subsection 19(2) of the Act:

  • (a) static measures; and

  • (b) weights that do not have lead plugs that have been marked in accordance with paragraph 30(3)(d).

  • SOR/2014-111, s. 9

Exemption from Paragraph 26(1)(b) of the Act

 Since January 1, 1976, static measures that are not for use in trade are exempt from paragraph 26(1)(b) of the Act.

Notice of Importation

  •  (1) The classes, types or designs of devices described in subsection 4(1) are exempt from subsection 26(2) of the Act.

  • (2) The notice to the Minister referred to in subsection 26(2) of the Act shall be in writing, shall be directed to the nearest Measurement Canada office within 10 days after the device is imported and shall contain the following information:

    • (a) the name and Canadian address of the importer;

    • (b) the date of entry of the device into Canada;

    • (c) the port of entry of the device;

    • (d) a description of the device sufficient to enable an inspector to identify it;

    • (e) if more than one device is imported, the number of devices imported;

    • (f) the address at which the device may be examined;

    • (g) whether the device is of a class, type or design approved for use in trade, and if so, the approval number referred to in paragraph 17(c) for that class, type or design of device; and

    • (h) whether the device has been marked in accordance with these Regulations.

  • SOR/93-234, s. 2(F)
  • SOR/2005-297, ss. 40, 41(F), 43
  • SOR/2014-111, s. 46

Specifications Relating to Approval

[
  • SOR/93-234, s. 2(F)
]
  •  (1) In addition to the specifications set out in Part V, the Minister may establish specifications relating to the design, composition, construction and performance to which any device or class, type or design of device shall conform before it may be approved pursuant to section 3 of the Act.

  • (2) [Repealed, SOR/2005-297, s. 3]

  • (3) A device or class, type or design of device is exempted from the application of any or all of the provisions of the specifications set out in Part V or established under subsection (1) if

    • (a) the provision or provisions are inapplicable or inappropriate taking into account

      • (i) the distinctive characteristics of the design, composition and construction of the device or class, type or design of device, or

      • (ii) the use for which the device or class, type or design of device is to be approved pursuant to section 3 of the Act; or

    • (b) the device or class, type or design of device provides a degree of accuracy and security that is at least equivalent to the degree provided by a device or class, type or design of device that meets the requirements of the provision or provisions of the specifications.

  • (4) Where a device or class, type or design of device is exempted from the application of any or all of the provisions of the specifications set out in Part V or established under subsection (1), the exemption shall be set out in the notice of approval issued pursuant to section 3 of the Act.

  • SOR/78-792, s. 1
  • SOR/90-278, s. 1
  • SOR/93-234, s. 2
  • SOR/2005-297, s. 3

Application for Approval of a Class, Type or Design of Device

[
  • SOR/2005-297, s. 41(F)
]

 An application for the approval of a device, or of a class, type or design of device for use in trade shall be made in writing to the Minister and shall contain the following information:

  • (a) a description of the commodity that a device of that class, type or design is designed to measure;

  • (b) the different units of measurement registered by a device of that class, type or design;

  • (c) the range of flow rate or capacity of a device of that class, type or design; and

  • (d) where the manner of installation or use affects the performance of a device of that class, type or design, the manner in which the device is to be installed or used.

  • SOR/85-736, s. 1
  • SOR/2005-297, s. 41(F)
  •  (1) The application referred to in section 14 shall be accompanied by duplicate copies of

    • (a) test data relating to the actual service performance of the device or to the simulated service performance of the device;

    • (b) the principal drawings and specifications to be used by the manufacturer in assembling, testing and, where applicable, installing devices of that class, type or design; and

    • (c) the promotional material, bulletins, brochures, instructions and other information distributed or intended for distribution to purchasers or prospective purchasers of a device of the class, type or design to which the application relates.

  • (2) A person who submits an application under section 14 shall, when requested to do so by the Minister, supply to the Minister such additional information, test data, drawings or specifications as are necessary to enable the Minister to deal with the application.

  • SOR/2005-297, s. 41(F)
  • SOR/2014-111, s. 10(F)

 On the request of the Minister and under any conditions that may be specified by him or her, the applicant shall make available to the Minister one or more devices of the class, type or design to which the application relates, together with any information, equipment, material and services that are required to evaluate the device for approval.

  • SOR/2005-297, s. 41(F)
  • SOR/2014-111, s. 11

Notice of Approval

 Where the Minister approves a class, type or design of device for use in trade, he shall issue to the applicant therefor a written notice of approval containing the following information:

  • (a) a description of the class, type or design of device approved;

  • (b) the date of approval;

  • (c) the approval number assigned to the class, type or design of device approved;

  • (d) where a class, type or design of device is approved for use in trade for a specific purpose only, the specific purpose for which it may be used and the purpose for which its use is prohibited;

  • (e) where a class, type or design of device is approved for use in trade in a specific manner only, the specific manner in which it may be used and the manner in which its use is prohibited;

  • (f) such information relating to specifications for installation or use of a device of the class, type or design approved as the Minister considers necessary;

  • (g) the markings that are required to be shown on a device of that class, type or design; and

  • (h) such other information as the Minister considers necessary.

  • SOR/2005-297, s. 41(F)

Form of Marking of Devices

  •  (1) With the exception of weighing devices to which the Specifications Relating to Non-automatic Weighing Devices (1998) apply, the information required by these Regulations to be marked on a device shall be marked

    • (a) on the device;

    • (b) on a plate or plates permanently affixed to the device;

    • (c) partly on the device and partly on a plate or plates that are permanently affixed to the device; or

    • (d) in the case of a device not large enough to accommodate the required information in the manner referred to in paragraph (a), (b) or (c), on a notice attached to or displayed in close proximity to the device.

  • (2) If information is marked on a plate, a suitable area of not less than 12 mm by 25 mm shall be left blank on the plate for the examination mark referred to in section 30 and the plate shall be made of a durable material and shall be located and mounted so that it can be stamped with a steel die.

  • (3) The information required by these Regulations to be marked on the device shall be shown in numbers or letters that are

    • (a) permanent;

    • (b) clear;

    • (c) of a height reasonably appropriate to the size of the device and, unless otherwise specified in these Regulations or in specifications established by the Minister, in numbers or letters of not less than 3 mm or 1/8 inch in height; and

    • (d) located in such a place as to be readily legible by a person using the device under normal conditions of use.

  • (4) When numbers are used with letters or in place of letters on any marking on a device, the size and height of the numbers shall correspond to the size and height of the letters used or required to be used thereon by these Regulations.

  • SOR/93-234, s. 2(F)
  • SOR/98-115, s. 2
  • SOR/2005-130, s. 2
  • SOR/2014-111, s. 12

Marking Static Measures Approved for Use in Trade

 Before being sold or otherwise disposed of, or leased, a static measure that is of a class, type or design approved for use in trade and that is manufactured on or after January 1, 1976 shall be marked with the following information:

  • (a) the name or registered trademark of the manufacturer or importer of the measure;

  • (b) the approval number for that class, type or design of measure;

  • (c) the capacity of the measure expressed in terms of the appropriate unit of measurement;

  • (d) the words “Legal for Trade” (“Légal pour le commerce”); and

  • (e) any other information required to be marked on the device by the notice of approval.

Marking Weights Approved for Use in Trade

  •  (1) Before being sold or otherwise disposed of, or leased, a weight that is of a class, type or design approved for use in trade shall be marked with the following information:

    • (a) the number of units of mass or weight that the weight contains;

    • (b) in the case of a counterpoise weight used as part of a weighing machine, the number of units of mass or weight to which the weight is equivalent when used as a counterpoise with the weighing machine of which it forms a part;

    • (c) in the case of a weight of 1 gram or multiple or submultiple thereof, the word “gram” or its symbol “g”, together with the appropriate prefix or symbol as set out in Part V of Schedule I to the Act;

    • (d) in the case of a weight of 1 troy ounce, or multiple or submultiple thereof, the word “troy” or its abbreviation; and

    • (e) in the case of a weight of any avoirdupois unit or multiple or submultiple thereof that is manufactured or imported after January 1, 1976, the name of the unit or the symbol or abbreviation for the unit.

  • (2) Paragraphs (1)(c), (d) and (e) do not apply to a weight that is so small that it is impracticable to show the information required by those paragraphs.

  • (3) Paragraph (1)(a) does not apply to

    • (a) sheet metal or wire weights of 1 milligram or multiples or submultiples thereof, or

    • (b) sheet metal or wire weights of 1 grain or multiples or submultiples thereof

    if the weights are manufactured in the customary distinctive shapes to denote the multiple or submultiple of the milligram or grain that the weight represents.

  • SOR/2005-297, s. 41(F)
  • SOR/2014-111, s. 14

Marking Approved Weighing Machines, Measuring Machines and Related Equipment and Accessories

 Before being sold or otherwise disposed of, or leased, a weighing machine (other than a weighing device to which the Specifications Relating to Non-Automatic Weighing Devices (1998) apply) or measuring machine that is of a class, type or design approved under section 3 of the Act, and any equipment or accessory attached to or used in conjunction with the machine that has or could have an effect on the accuracy of the machine and that was approved under section 3 of the Act shall be marked with the following information:

  • (a) the name of the manufacturer or importer of the machine, equipment or accessory;

  • (b) the model number and serial number of the machine, equipment or accessory;

  • (c) the approval number of the machine, equipment or accessory;

  • (d) in the case of a volumetric liquid meter,

    • (i) the minimum and maximum flow rates, and

    • (ii) if the meter is equipped with an automatic temperature compensator, the words “Volume corrected to 15°C” or “Volume corrigé à 15°C”, immediately adjacent to the registration of net quantity;

  • (e) in the case of a weighing machine, the maximum load that may be weighed on the machine;

  • (f) in the case of any equipment or accessory, the range for which it was approved pursuant to section 3 of the Act; and

  • (g) any other information that is required by the notice of approval issued pursuant to section 3 of the Act.

  • SOR/90-118, s. 6
  • SOR/98-115, s. 3
  • SOR/2005-130, s. 3
  • SOR/2014-111, s. 15

 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)
 
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