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

Marginal note:Certificate of default

• 22.17 (1) The Minister may issue a certificate certifying the unpaid amount of any debt referred to in subsection 22.16(1).

• Marginal note:Effect of registration

  (2) Registration in the Federal Court of the certificate has the same effect as a judgment of that court for a debt of the amount specified in the certificate and all related registration costs.

Rules of Law About Violations

Marginal note:Violations not offences

22.18 For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply.

Marginal note:Due diligence defence

• 22.19 (1) A person shall not be found to be liable for a violation if they establish that they exercised due diligence to prevent the commission of the violation.

• Marginal note:Common law principles

  (2) Every rule and principle of the common law that renders any circumstance a justification or an excuse in relation to a charge for an offence under this Act applies in respect of a violation to the extent that it is not inconsistent with this Act.

Marginal note:Burden of proof

22.2 In every case where the Minister is to determine whether a person who is named in a notice of violation committed any violation identified in it, the Minister shall do so on a balance of probabilities.

Marginal note:Offences by corporate officers, etc.

22.21 If a person other than an individual commits a violation under this Act, any of the person’s officers, directors, agents or mandataries who directs, authorizes, assents to or acquiesces or participates in the commission of the violation is a party to and liable for the violation whether or not the person who actually committed it is proceeded against in accordance with this Act.

Marginal note:Vicarious liability — acts of employees, agents and mandataries

22.22 A person is liable for a violation that is committed by their employee, agent or mandatary who is acting in the course of the employee’s employment or within the scope of the agent’s or mandatary’s authority, whether or not the employee, agent or mandatary who actually committed the violation is identified or proceeded against in accordance with this Act.

Marginal note:Continuing violation

22.23 A violation that is continued on more than one day constitutes a separate violation in respect of each day during which it is continued.

Other Provisions

Marginal note:Evidence

22.24 In any proceeding for a violation, a notice of violation purporting to be issued under subsection 22.11(1) and a certificate purporting to be issued under paragraph 19(1)(a) are admissible in evidence without proof of the signature or official character of the person appearing to have signed it.

Marginal note:Limitation period or prescription

22.25 No proceedings in respect of a violation may be commenced later than six months after the day on which an inspector becomes aware of the acts or omissions that constitute the alleged violation.

Marginal note:Certification by Minister

22.26 A document appearing to have been issued by the Minister and certifying the day on which the acts or omissions that constitute the alleged violation became known to an inspector is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, is proof that the inspector became aware of the acts or omissions on that day.

Marginal note:Information may be made public

22.27 The Minister may make public

• (a) the name and business address of a person who enters into a compliance agreement, the nature of the compliance agreement — including the acts or omissions and provisions at issue, the conditions included in the compliance agreement and the amount payable under it, if any; or

• (b) the name and business address of a person who is deemed to have committed a violation or who the Minister determined committed a violation, the acts or omissions and provisions at issue, and the amount payable as a result, if any.

Marginal note:How act or omission may be proceeded with

22.28 If an act or omission may be proceeded with either as a violation or as an offence, proceeding in one manner precludes proceeding in the other.

Offences and Punishment

Marginal note:Prohibited use of devices

23 Every trader is guilty of an offence who uses a device in trade for any purpose or in any manner that is prohibited

• (a) in the certificate issued under paragraph 19(1)(a) at the time of the most recent examination made under this Act; or

• (b) in the approval of that device pursuant to section 3.

Marginal note:Non-compliance with regulations by trader

24 Every trader is guilty of an offence who uses, or has in his possession for use, in trade, any device that

• (a) is not installed in accordance with the requirements of the regulations; or

• (b) does not measure units of measurement within the limits of error prescribed.

Marginal note:Examination within prescribed period

25 Every trader who fails to cause a device to be examined as required by subsection 15(1) is guilty of an offence.

Marginal note:Unlawful disposition of devices

• 26 (1) Every dealer is guilty of an offence who sells or otherwise disposes of, or leases, any device that

  • (a) has not been marked as prescribed;

  • (b) in the case of a static measure, is not of a class, type or design that has been approved for use in trade pursuant to section 3; or

  • (c) in the case of a device other than a static measure, has not been examined in the manner and circumstances prescribed.

• Marginal note:Importation of devices

  (2) Every dealer or trader who in the course of the business of that dealer or trader imports into Canada any device, other than a static measure, without notifying the Minister as prescribed is guilty of an offence.

Marginal note:Alteration, adjustment and replacement of odometers

• 27 (1) Every person is guilty of an offence who

  • (a) alters or adjusts the odometer of a motor vehicle in such a manner that as a result of the alteration or adjustment the total distance indicated on the odometer is other than the total distance travelled by that vehicle; or

  • (b) replaces the odometer of a motor vehicle without setting the replacement odometer to the total distance travelled by the vehicle.

• Marginal note:Idem

  (2) No person shall be convicted of an offence

  • (a) under paragraph (1)(a) if that person establishes that

    • (i) the alteration or adjustment was reasonably necessary for the purpose of making repairs to the odometer or to any other part of the motor vehicle related thereto, and

    • (ii) it was reasonably impracticable to re-set the odometer to the total distance indicated thereon prior to the alteration or adjustment; or

  • (b) under paragraph (1)(b) if that person establishes that

    • (i) the replacement was reasonably necessary because the odometer was defective, and

    • (ii) it was reasonably impracticable to set the replacement odometer to the total distance indicated on the odometer that was replaced.

Marginal note:Ticket-printing devices

28 Every person who, in trade, uses or has control of a device that indicates by number or unit of measurement the quantity of a commodity being measured for sale by means of a removable ticket, card or similar record is guilty of an offence if that person allows the ticket, card or similar record to remain in that device at any time other than the time at which the quantity of the commodity is being measured.

Marginal note:Alterations, adjustments and repairs of devices

29 Every person is guilty of an offence who

• (a) repairs a device that that person has received from a trader and allows that device to leave his possession

  • (i) before it has been examined and marked in accordance with this Act and the regulations, or

  • (ii) before that person has given written notice to an inspector in the form and manner prescribed;

• (b) in such manner or in such circumstances as may be prescribed, alters, adjusts or repairs a device that that person knows or might reasonably be expected to know is or is to be used in trade and does not report the alteration, adjustment or repair in the manner prescribed; or

• (c) alters any device that is or is to be used in trade in such a manner that it ceases to meet the requirements of this Act and the regulations.

Marginal note:Removing or breaking marks and seals

• 30 (1) Subject to subsection (2), every person who removes any marking or tag or wilfully breaks any seal that has been placed on or attached to a device that is or is to be used in trade is guilty of an offence if that marking, tag or seal has been placed on or attached to the device by an inspector or by any person who has altered, adjusted or repaired that device.

• Marginal note:Where removal or breaking is not an offence

  (2) No person is guilty of an offence under subsection (1) if that person

  • (a) removes any marking or tag or breaks any seal referred to in that subsection for the purpose of altering, adjusting or repairing a device; and

  • (b) reports, in the manner prescribed, the removal of the marking or tag or the breaking of the seal.

Marginal note:Obstructing inspector

• 31 (1) Every person who obstructs or hinders an inspector in carrying out their functions under this Act is guilty of an offence.

• Marginal note:Misleading statements

  (2) Every person who knowingly makes a false or misleading statement, either orally or in writing, in connection with any matter under this Act, to an inspector who is carrying out their functions under this Act is guilty of an offence.

• Marginal note:Interference with seized thing

  (3) Every person who, without an inspector’s permission, removes, alters or interferes in any way with anything seized and detained by an inspector under paragraph 17(1)(c) is guilty of an offence.