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

Act current to 2020-06-28 and last amended on 2019-06-21. Previous Versions

Offences and Punishment (continued)

Marginal note:Short measure on sale

  •  (1) Every person who sells or offers for sale any commodity, by number or unit of measurement, is guilty of an offence if the quantity of the commodity that that person delivers or offers for sale is, subject to prescribed limits of error, less than the quantity that that person

    • (a) purports to sell or offer for sale; or

    • (b) should deliver or offer for sale on the basis of

      • (i) the total price paid or to be paid for the commodity, and

      • (ii) the stated price per number or unit of measurement.

  • Marginal note:Over measure on purchase

    (2) Every person who determines or exercises control over the determination of the quantity of a commodity that that person purchases or offers to purchase by number or unit of measurement is guilty of an offence if the quantity of the commodity that that person receives or offers to purchase is, subject to prescribed limits of error, greater than the quantity that that person

    • (a) purports to purchase or offer to purchase; or

    • (b) should receive or offer to purchase on the basis of

      • (i) the total price paid or offered to be paid for the commodity, and

      • (ii) the stated price per number or unit of measurement.

  • Marginal note:Application of subsection (1)

    (3) Subsection (1) does not apply with respect to any commodity that is packaged on the basis of measure or labelled in terms of a unit of measurement as required or authorized by or under any other Act of Parliament.

  • 1970-71-72, c. 36, s. 33
  • 1980-81-82-83, c. 47, s. 53(E)

Marginal note:Short service

  •  (1) Every person who provides a service on the basis of any unit of measurement or the use of a facility on the basis of a unit of measurement of time is guilty of an offence if the amount of service that that person provides or the time for which that person provides the use of the facility is, subject to prescribed limits of error, less than

    • (a) the amount of service that that person purports to provide or the time for which that person purports to provide the use of the facility; or

    • (b) the amount of service that that person should provide or the time for which that person should provide the use of the facility on the basis of

      • (i) the total price charged or demanded for the service or the use of the facility, and

      • (ii) the stated price per unit of measurement.

  • Marginal note:Over measure re service

    (2) Every person who determines or exercises control over the determination of the amount of a service that that person receives on the basis of any unit of measurement or the time for which that person receives the use of a facility on the basis of a unit of measurement of time is guilty of an offence if the amount of service that that person receives or the time for which that person receives the use of the facility is, subject to prescribed limits of error, greater than

    • (a) the amount of service that that person purports to receive or the time for which that person purports to receive the use of the facility; or

    • (b) the amount of service that that person should receive or the time for which that person should receive the use of the facility on the basis of

      • (i) the total price paid or offered to be paid for the service or the use of the facility, and

      • (ii) the stated price per unit of measurement.

  • 1970-71-72, c. 36, s. 34
  • 1980-81-82-83, c. 47, s. 50

Marginal note:Punishment for first offence

  •  (1) Every person who is guilty of an offence under any of sections 23 to 34 is liable, for a first offence,

    • (a) on summary conviction, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding six months, or to both; or

    • (b) on conviction on indictment, to a fine not exceeding $25,000 or to imprisonment for a term not exceeding two years, or to both.

  • Marginal note:Punishment for subsequent offences

    (1.1) Every person who is guilty of an offence under any of sections 23 to 34 is liable, for a second or subsequent offence,

    • (a) on summary conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding six months, or to both; or

    • (b) on conviction on indictment, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding two years, or to both.

  • Marginal note:Punishment for general offence

    (2) Every person who contravenes any provision of this Act or the regulations for the contravention of which no liability for a punishment is elsewhere provided in this Act is guilty of an offence and liable on summary conviction for a first offence under that provision to a fine not exceeding $10,000, and for a second or subsequent offence under that provision to a fine not exceeding $20,000.

  • Marginal note:Officers, etc., of corporations

    (3) If a corporation commits an offence under this Act, any officer, director or agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence whether or not the corporation has been prosecuted or convicted.

  • R.S., 1985, c. W-6, s. 35
  • 2011, c. 3, s. 24, c. 21, s. 159(E)

Marginal note:Due diligence defence

 A person may not be convicted of an offence under this Act — other than for a contravention of paragraph 29(b), subsection 30(1) or 31(2) or section 32 — if they establish that they exercised due diligence to prevent the commission of the offence.

  • 2011, c. 3, s. 25

Evidence

Marginal note:Deemed possession for use in trade

 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.

  • R.S., 1985, c. W-6, s. 36
  • 2011, c. 3, s. 26(F)

Marginal note:Offence by employee or agent or mandatary

  •  (1) In any prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or an agent or mandatary of the accused whether or not the employee or agent or mandatary is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without their knowledge or consent and that they exercised all due diligence to prevent its commission.

  • Marginal note:Venue

    (2) A complaint or information in respect of an offence under this Act may be heard, tried or determined by a court if the accused is resident or carrying on business within the territorial jurisdiction of that court although the matter of the complaint or information did not arise in that territorial jurisdiction.

  • R.S., 1985, c. W-6, s. 37
  • 2011, c. 21, s. 160

Marginal note:Certificates of Minister

  •  (1) In any prosecution for an offence under this Act or the Consumer Packaging and Labelling Act, a certificate relating to a local standard and purporting to have been signed by the Minister or any person authorized by the Minister to sign on the Minister’s behalf is evidence of the matters stated therein relating to the accuracy of that standard without proof of the signature or official character of the person appearing to have signed the certificate.

  • Marginal note:Inspector’s certificates

    (2) In any prosecution for an offence under this Act, a certificate purporting to have been issued by an inspector under subsection 19(1) and to have been signed by the inspector who did the examination is evidence of the matters stated in it relating to the examination without proof of the signature or official character of the person appearing to have signed the certificate.

  • Marginal note:Attendance of inspector

    (3) The party against whom a certificate of an inspector is produced pursuant to subsection (2) may, with leave of the court, require the attendance of the inspector for the purposes of cross-examination.

  • Marginal note:Notice

    (4) No certificate shall be admitted in evidence pursuant to subsection (2) unless the party intending to produce it has given to the party against whom it is intended to be produced reasonable notice of such intention together with a copy of the certificate.

  • R.S., 1985, c. W-6, s. 38
  • 2011, c. 3, s. 27
 
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