Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

Weights and Measures Act (R.S.C., 1985, c. W-6)

Act current to 2021-11-17 and last amended on 2021-04-19. Previous Versions

Reference and Local Standards (continued)

Marginal note:Calibration and certification of standards

  •  (1) The reference standards and other standards of measurement that are retained under the authority of the Minister for the purpose of determining the accuracy of local standards or of standards that are used by inspectors under the Electricity and Gas Inspection Act shall, at the request of the Minister, be calibrated and certified by the National Research Council of Canada in terms of the units of measurement set out and defined in Schedule I or II.

  • Marginal note:Idem

    (2) The National Research Council of Canada may request the Minister to forward to the Council for calibration and certification any standards referred to in subsection (1).

  • R.S., 1985, c. W-6, s. 12
  • R.S., 1985, c. 4 (1st Supp.), s. 1

Marginal note:Designation of local standards

  •  (1) The Minister may designate as a local standard any standard that has been calibrated and certified in relation to a reference standard as accurate within prescribed tolerances.

  • Marginal note:Calibration and certification of local standards

    (2) Every local standard shall be calibrated and certified within such periods of time as may be prescribed.

  • 1970-71-72, c. 36, s. 13

Marginal note:Replacement or restoration of standards

 If a local standard that is owned by Her Majesty in right of Canada or a reference standard is lost, destroyed, defaced or damaged, the Minister shall take such action as may be necessary to replace or restore the standard.

  • R.S., 1985, c. W-6, s. 14
  • 2001, c. 34, s. 82

Examination of Devices

Marginal note:Examinations within prescribed periods

  •  (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.

Marginal note:Request for examination

 An inspector may examine a device at the request of the owner or the person who is in possession of it.

  • 2011, c. 3, s. 15

Marginal note:Adjustments and alterations to devices

 When an inspector examines a device, they may, with the consent of the owner or person who is in possession of it, make any prescribed adjustments or alterations to that device.

  • R.S., 1985, c. W-6, s. 16
  • 2011, c. 3, s. 15

Administration and Enforcement

Designation

Marginal note:Power to designate

  •  (1) For the purposes of the administration and enforcement of this Act, the Minister may designate persons, or classes of persons, to exercise powers in relation to any matter referred to in the designation.

  • Marginal note:Training and qualification

    (1.1) The Minister shall ensure that, for each particular sector, all persons designated under subsection (1) are trained and qualified in the same manner and that all examinations made by these persons are conducted consistently.

  • Marginal note:Limitation

    (2) The Minister may designate only persons employed in the federal public administration to exercise powers under any of sections 17 to 18, subsection 19(3) or section 21 or subsection 22.11(1).

  • Marginal note:Suspension and revocation

    (3) The Minister may suspend or revoke a designation made under subsection (1).

  • 2011, c. 3, s. 16

Powers

Marginal note:Authority to enter and other powers

  •  (1) An inspector who has reasonable grounds to believe that an object to which this Act applies is located in or on a place, including a vehicle, or that an activity regulated by this Act is conducted in a place, including a vehicle, may, for the purpose of verifying compliance with this Act,

    • (a) enter the place;

    • (b) examine the place or anything found in or on the place;

    • (c) seize and detain anything in or on the place;

    • (d) use any means of communication in the place or cause it to be used;

    • (e) use any computer system in the place, or cause it to be used, to examine data contained in or available to it;

    • (f) prepare a document, or cause one to be prepared, based on the data;

    • (g) use any copying equipment in the place, or cause it to be used;

    • (h) direct any person to put anything in or on the place into operation or to cease operating it; and

    • (i) prohibit or limit access to all or part of the place.

  • Marginal note:Certificate to be produced

    (2) The Minister shall provide the inspector with a certificate of their designation, and on entering the place, the inspector shall, on request, produce the certificate to the person in charge of that place.

  • Marginal note:Duty to assist

    (3) The owner or person in charge of the place and every person in the place shall give all assistance that is reasonably required to enable the inspector to verify compliance with this Act and shall provide any documents, data or information that are reasonably required for that purpose.

  • R.S., 1985, c. W-6, s. 17
  • R.S., 1985, c. 31 (1st Supp.), s. 26
  • 2011, c. 3, s. 16

Marginal note:Warrant for dwelling-house

  •  (1) If the place is a dwelling-house, the inspector may not enter it without the occupant’s consent except under the authority of a warrant issued under subsection (2).

  • Marginal note:Authority to issue warrant

    (2) On ex parte application, a justice of the peace may issue a warrant authorizing an inspector who is named in it to enter a dwelling-house, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that

    • (a) the dwelling-house is a place referred to in subsection 17(1);

    • (b) entry to the dwelling-house is necessary to verify compliance with this Act; and

    • (c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused or that consent to entry cannot be obtained from the occupant.

  • 2011, c. 3, s. 16

Marginal note:Entry on private property

  •  (1) For the purpose of gaining entry to a place referred to in subsection 17(1), an inspector may enter private property and pass through it, and is not liable for doing so. For greater certainty, no person has a right to object to that use of the property and no warrant is required for the entry, unless the property is a dwelling-house.

  • Marginal note:Person accompanying inspector

    (2) A person may, at the inspector’s request, accompany the inspector to assist them to gain entry to the place referred to in subsection 17(1) and is not liable for doing so.

  • 2011, c. 3, s. 16

Marginal note:Use of force

 In executing a warrant to enter a dwelling-house, an inspector shall not use force unless the use of force has been specifically authorized in the warrant and the inspector is accompanied by a peace officer.

  • 2011, c. 3, s. 16

Marginal note:Examining vehicle

  •  (1) A member of the Royal Canadian Mounted Police or of any provincial or municipal police force may, at the request and in the company of an inspector, stop and detain any vehicle so that the inspector may examine it for the purposes of verifying compliance with this Act.

  • Marginal note:Vehicle to be moved

    (2) The inspector may require the operator of the vehicle to proceed with it to an appropriate place, if doing so is necessary to conduct the examination.

  • R.S., 1985, c. W-6, s. 18
  • 2011, c. 3, s. 16

Marginal note:Certificate

  •  (1) If an inspector examines a device, they shall issue to the owner or person who is in possession of it,

    • (a) in the case of a device that is or is to be used in trade, a certificate showing whether the device meets the requirements of this Act and the regulations; and

    • (b) in the case of a device other than a device described in paragraph (a), a statement showing the results of the examination.

  • Marginal note:Marking of devices — requirements met

    (2) If an inspector determines that a device referred to in paragraph (1)(a) meets the requirements of this Act and the regulations, they shall mark the device as prescribed and

    • (a) attach the prescribed seals that are intended to indicate any adjustments to the device; or

    • (b) if those seals are already attached to the device, verify that they can indicate any adjustments and, in the case of electronic seals, collect the information that is necessary to detect any adjustments.

  • Marginal note:Idem

    (3) Where an inspector determines that a device referred to in paragraph (1)(a) does not meet the requirements of this Act and the regulations, the inspector shall, in the manner and circumstances prescribed, attach to the device such tags and seals as may be prescribed to prevent the use of that device.

  • R.S., 1985, c. W-6, s. 19
  • 2011, c. 3, ss. 17, 29

Examination Fees and Charges

Marginal note:Payment of fees and charges

  •  (1) The fees and charges payable by a person in respect of an examination or other service performed by an inspector under this Act are payable, subject to the regulations, after the examination or service is performed.

  • Marginal note:Fees recoverable

    (2) All fees and charges payable under this Act may be recovered as a debt due to the Crown.

Marginal note:Payment of fees if dispute

  •  (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

    • (b) by the other person, where the device meets the requirements of this Act and the regulations.

  • Marginal note:Examination if dispute

    (2) An inspector may examine the device at the request of a person referred to in subsection (1).

  • R.S., 1985, c. W-6, s. 21
  • 2011, c. 3, s. 18

Administrative Monetary Penalties

Powers of the Governor in Council

Marginal note:Regulations

 The Governor in Council may make regulations

  • (a) designating any provision of this Act — other than paragraph 29(b), subsections 30(1) and 31(2) and section 32 — or of the regulations as a provision whose contravention may be proceeded with as a violation in accordance with sections 22.1 to 22.28;

  • (b) establishing a penalty, or a range of penalties, in respect of each violation;

  • (c) establishing criteria to be considered in determining the amount of the penalty if a range of penalties is established;

  • (d) classifying each violation as a minor violation, a serious violation or a very serious violation;

  • (e) respecting the circumstances under which, the criteria by which and the manner in which the amount of a penalty may be increased or reduced in whole or in part; and

  • (f) respecting a lesser amount that may be paid as complete satisfaction of a penalty if it is paid within the prescribed time and in the prescribed manner, including the circumstances in which the lesser amount may be set out in a notice of violation.

  • R.S., 1985, c. W-6, s. 22
  • 2011, c. 3, s. 19

Violations

Marginal note:Commission of violation

  •  (1) Every person who contravenes a provision designated under paragraph 22(a) commits a violation and is liable to a penalty established in accordance with the regulations.

  • Marginal note:Purpose of penalty

    (2) The purpose of a penalty is to promote compliance with this Act and not to punish.

  • Marginal note:Maximum penalty

    (3) The maximum penalty for a violation is $2,000.

  • 2011, c. 3, s. 19

Proceedings

Marginal note:Notice of violation

  •  (1) An inspector may issue a notice of violation and cause it to be provided to a person if the inspector has reasonable grounds to believe that the person has committed a violation.

  • Marginal note:Contents of notice

    (2) The notice of violation must

    • (a) name the person believed to have committed the violation;

    • (b) identify the acts or omissions that constitute the alleged violation;

    • (c) set out the penalty for the violation that the person is liable to pay;

    • (d) set out the particulars concerning the time and manner of payment; and

    • (e) subject to the regulations, set out a lesser amount that may be paid as complete satisfaction of the penalty if it is paid within the prescribed time and in the prescribed manner that are set out in the notice.

  • Marginal note:Summary of rights

    (3) A notice of violation must clearly summarize, in plain language, the rights and obligations under this section and sections 22.12 to 22.25 of the person to whom it is provided, including the right to request a review of the acts or omissions that constitute the alleged violation or of the amount of the penalty and the procedure for requesting the review.

  • Marginal note:Short-form descriptions

    (4) The Minister may establish a short-form description of each violation to be used in notices of violation.

  • 2011, c. 3, s. 19

Penalties

Marginal note:Effect of payment

  •  (1) If the person who is named in a notice of violation pays, within the prescribed time and in the prescribed manner that are set out in the notice, the amount of the penalty — or, if applicable, the lesser amount that may be paid as complete satisfaction of the penalty — set out in the notice,

    • (a) they are deemed to have committed the violation to which the amount paid relates;

    • (b) the Minister shall accept that amount as complete satisfaction of the penalty; and

    • (c) the proceedings commenced in respect of the violation under section 22.11 are ended.

  • Marginal note:Alternatives to payment

    (2) Instead of paying the penalty or, if applicable, the lesser amount that may be paid as complete satisfaction of the penalty, the person who is named in the notice may, within the prescribed time and in the prescribed manner that are set out in the notice,

    • (a) request to enter into a compliance agreement with the Minister that ensures the person’s compliance with the provision to which the violation relates, if the penalty is $1,000 or more; or

    • (b) request a review by the Minister of the acts or omissions that constitute the alleged violation or the amount of the penalty.

  • Marginal note:Deeming

    (3) If the person who is named in the notice does not pay the penalty, or, if applicable, the lesser amount that may be paid as complete satisfaction of the penalty, within the prescribed time and in the prescribed manner and does not exercise any right referred to in subsection (2) within the prescribed time and in the prescribed manner, the person is deemed to have committed the violation identified in the notice.

  • 2011, c. 3, s. 19
 
Date modified: