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

1 [Repealed, SOR/2017-198, s. 2]

Interpretation

2 In these Regulations,

acceptance limits of error

acceptance limits of error means the limits of error that apply to a device when the performance of the device is tested

• (a) at the time the class, type or design of that device is evaluated for approval;

• (b) at the time the device is examined before its first use in trade;

• (c) at the time the measuring elements of the device are overhauled or repaired following the failure of the device on examination to measure within the applicable limits of error; or

• (d) at any time within 30 days after the time referred to in paragraph (b) or (c); (marge de tolérance à l’acceptation)

Act

Act means the Weights and Measures Act; (Loi)

automatic weighing device

automatic weighing device [Repealed, SOR/2005-130, s. 1]

Canadian unit

Canadian unit means a unit of measurement set out in Schedule II to the Act; (unité canadienne)

examination mark

examination mark means a mark that indicates the year in which a device was examined; (marque d’examen)

examination sticker

examination sticker means a self-adhesive label that indicates the month and year in which a device was examined and, if applicable, the month and year of the next examination required under section 15 of the Act, as determined in accordance with section 29; (étiquette d’examen)

height

height means, with respect to the height of a letter, the height of an upper case letter where words appear in upper case and the height of the lower case letter “o” where words appear in lower case or in a mixture of upper and lower case; (hauteur)

in-service limits of error

in-service limits of error means the limits of error that apply to a device when the performance of the device is tested at any time other than a time referred to in the definition of acceptance limits of error; (marge de tolérance en service)

inspection mark

inspection mark[Repealed, SOR/2014-111, s. 1]

Measurement Canada office

Measurement Canada office means any office of the Department of Industry for use by persons employed in the administration of the Act; (bureau de Mesures Canada)

measuring tank

measuring tank means a tank for use in trade for measuring the volume of liquid received or delivered, and includes a fixed, portable or vehicle-mounted tank; (réservoir jaugeur)

metric unit

metric unit means a unit of measurement set out in Schedule I to the Act; (unité métrique)

non-automatic weighing device

non-automatic weighing device [Repealed, SOR/2005-130, s. 1]

packing device

packing device means a device that, as part of a mechanical packaging system, measures a predetermined quantity of commodity without recording the measurement of each quantity of commodity measured by the device or without being operated by a person who observes or records the measurement of each quantity of commodity measured by the device; (instrument d’emballage)

previous enactment

previous enactment means any Act of Parliament relating to weights and measures, and any regulations made under that Act, enacted prior to the Weights and Measures Act, S.C. 1970-71-72, c. 36; (texte législatif antérieur)

standard quantity commodity

standard quantity commodity means a commodity that is part of a lot made up of the same commodity, with identical net quantity statements; (marchandise à quantité standard)

tank

tank[Repealed, SOR/2014-111, s. 1]

vehicle tank

vehicle tank means a measuring tank that is mounted on a vehicle other than a vehicle for railway use. (réservoir sur véhicule)

weights and measures office

weights and measures office [Repealed, SOR/2005-297, s. 1]

PART IDevices

Interpretation

2.1 The following definitions apply in this Part and in Schedule I.

downstream petroleum trade

downstream petroleum trade means the trade of refined petroleum products and liquid alternative fuels between petroleum refineries, gas processing facilities, wholesalers, retailers and commercial customers. (commerce pétrolier aval)

fishing products

fishing products means finfish, shellfish, marine vegetation and marine animals, including seals but no other furry marine animals, that are obtained from ocean or inland waters or aquaculture farms, and the products and by-products of their processing. (produits de la pêche)

forestry products

forestry products means

• (a) trees, logs and firewood;

• (b) wood by-products other than methyl alcohol and wood resins; and

• (c) paper, other than recycled paper in its untreated form. (produits forestiers)

grain and field crop products and services

grain and field crop products and services means

• (a) cereal grains, oil seeds, grain corn, wheat, forage, hay, dry field peas, beans and seeds for those crops;

• (b) feed grains and other animal foods processed by feed mills; and

• (c) grain storage services offered in grain elevators. (grains, grandes cultures et services connexes)

mining products

mining products means metal and non-metal ores, refined ores and their transformed products, as well as refined precious metals and precious stones, but does not include scrap metal, products produced from the subsequent refining of precious metals and precious stones and, if used for construction, sand, gravel, stone and concrete products. (produits miniers)

retail food trade

retail food trade means the retail trade of food by retail food stores, including grocery stores, supermarkets, delicatessens, ethnic food stores, natural food stores, butcher shops, farmers’ markets, fish and seafood retailers, fruit and vegetable retailers, coffee retailers and specialty candy and nuts retailers. (commerce au détail des aliments)

retail petroleum trade

retail petroleum trade means the retail trade of liquid refined petroleum products and liquid alternative fuels. (commerce pétrolier au détail)

Exemptions from the Act

• 3 (1) A class, type or design of device is exempt from the Act where the class, type or design is

  • (a) subject to verification pursuant to the Electricity and Gas Inspection Act; or

  • (b) designed for use and used only in laboratories or in scientific study and not approved pursuant to section 3 of the Act.

• (2) A device is exempt from the Act if it is used exclusively for

  • (a) gauging and strapping tanker ship holds or tanks that have a capacity of more than 55,000 litres and that are used in the downstream petroleum trade; or

  • (b) gauging ship holds that are used in the wholesale trade of mining products.

Exemptions from Section 8 and Subsection 15(1) of the Act

• 4 (1) The following classes or types of devices are exempt from section 8 and subsection 15(1) of the Act:

  • (a) water meters;

  • (b) parking meters;

  • (c) taxi meters;

  • (d) odometers of motor vehicles;

  • (e) coin-operated machines for weighing persons;

  • (f) payment-operated machines that dispense a predetermined quantity of liquid and that do not register by a mechanical or an electrical indicator the quantity of liquid dispensed;

  • (g) clocks, watches, chronometers and other time measuring devices;

  • (h) milk measuring tanks for farm use;

  • (i) measuring tanks mounted on railway cars;

  • (j) measuring tanks that have a capacity in excess of 55 000 L or 12,000 gallons;

  • (k) meters for the measurement of grease and other commodities having flow properties similar to grease;

  • (l) static measures that are used as containers in which a commodity is sold or offered for sale;

  • (m) packing devices;

  • (n) weighing machines designed for use in laboratories, scientific study or weighing precious metals and that are used for weighing precious metals or other commodities of comparable value, if they conform to applicable specifications for performance, installation and use established by these Regulations and if, prior to December 31, 1981, they are examined and certified as meeting such specifications;

  • (o) linear static measures; and

  • (p) devices used in the downstream petroleum trade to measure liquids carried in a permanent closed piping system, either to or from a place where they are processed, treated or stored, other than to a place where the product is consumed or processed and is no longer considered a hydrocarbon.

• (2) A device is exempt from section 8 and subsection 15(1) of the Act if it is used exclusively to weigh or measure

  • (a) standard quantity commodities; or

  • (b) crude petroleum products.

Exemptions from Paragraph 8(a) and Subsection 15(1) of the Act

5 A measuring tank is exempt from paragraph 8(a) and subsection 15(1) of the Act if it conforms to applicable specifications relating to design, composition, construction and performance set out in Divisions I, V, X and XII of Part V and any additional specifications established under section 13.

Exemptions from Paragraph 8(b) and Subsection 15(1) of the Act

6 A device is exempt from paragraph 8(b) and subsection 15(1) of the Act if it is used exclusively in the wholesale trade of gold, silver or diamonds, after initial refining.

Exemptions from Paragraph 8(b), Subsection 15(1) and Paragraph 26(1)(c) of the Act

• 6.1 (1) Subject to subsection (2), a meter register approved under section 3 of the Act that has no means, or has means that are not in use, of automatic temperature, pressure or density compensation is exempt from paragraph 8(b), subsection 15(1) and paragraph 26(1)(c) of the Act if it is installed as a replacement register on a volumetric liquid meter that has previously been examined and certified for the purposes of paragraph 8(b) of the Act.

• (2) Subsection (1) does not apply to a register that is altered to operate with automatic temperature, pressure or density compensation.

Exemptions from Section 8, Subsection 15(1), Section 23, Paragraph 24(b) and Section 33 of the Act

• 7 (1) Subject to subsection (2), section 8, subsection 15(1), section 23, paragraph 24(b) and section 33 of the Act do not apply in respect of a trade transaction if the parties give written notice to the Minister that

  • (a) a device approved for use in trade or approved for use in the particular manner or for the particular purpose contemplated by them is not available to them for use in their intended trade transaction;

  • (b) they wish to use in their intended trade transaction a device other than one referred to in paragraph (a); and

  • (c) it would be impractical or unreasonably expensive to obtain approval for the class, type or design of device that they wish to use in their intended trade transaction or to comply with the examination requirement under paragraph 8(b) or subsection 15(1) of the Act.

• (2) A trade transaction referred to in subsection (1) is not exempt from the provisions of the Act referred to in that subsection unless

  • (a) the parties referred to in subsection (1) furnish to the Minister such information as the Minister requires relating to the device that the parties wish to use;

  • (b) the device that the parties wish to use conforms to all requirements of the Act and these Regulations, except the specifications relating to design, composition, construction and performance;

  • (c) the parties have entered into a written contract not exceeding three years in duration respecting the use of the device that the parties wish to use in the intended trade transaction showing

    • (i) the limits of error applicable to the device and to the commodities to be measured by the device,

    • (ii) the means to be used for calibrating the device, and

    • (iii) the intervals at which that device will be calibrated;

  • (d) the parties have forwarded to the Minister a true copy of the part of the contract dealing with the use of the device; and

  • (e) the device that the parties wish to use measures within the limits of error referred to in subparagraph (c)(i).

Exemptions from Approval

• 8 (1) Subject to section 10, a device that has been examined and certified under a previous enactment but not approved pursuant to section 3 of the Act is exempt from paragraph 8(a) of the Act.

• (2) Subject to section 10, a device or class, type or design of device that has been approved for use in trade under a previous enactment is exempt from paragraph 8(a) of the Act.

• 9 (1) Subject to subsection (2), where a device or class, type or design of device approved pursuant to subsection 3(1) of the Act or under a previous enactment, or a device examined and certified by an inspector on or before December 31, 1989, is altered to measure in terms of any units of measurement set out and defined in Schedule I of the Act, the device or class, type or design of device is exempt from paragraph 8(a) of the Act if the device or class, type or design of device as altered conforms to

  • (a) applicable specifications relating to design, composition, construction and performance set out in Part V and any additional specifications established pursuant to section 13; or

  • (b) applicable specifications relating to design, composition, construction and performance in force at the time the device was initially examined and certified by an inspector or when the device or class, type or design of device was approved.

• (2) Subsection (1) does not apply in respect of any device or class, type or design of device approved on a temporary basis pursuant to subsection 3(2) of the Act.