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

DIVISION 3Retailing of Home Furnishings

342 In this Division,

floor covering

floor covering means any floor covering or constituent part thereof for a home, whether partial or wall-to-wall, and includes resilient floor coverings, tiles, carpets, rugs, undercushions and underpaddings; (couvre-plancher)

household textile

household textile means any product for use in a home made in whole or in part from a textile fibre, yarn or fabric, except draperies and curtains and their liners, and includes

• (a) such products for use on beds or tables,

• (b) furniture,

• (c) covers for furniture, appliances or bathroom fixtures, including throws and slip-covers, and

• (d) towels, dishcloths and bath mats; (textile de maison)

narrow fabric

narrow fabric has the meaning set out in section 2 of the Textile Labelling and Advertising Regulations; (article de rubanerie)

piece good

piece good means a fabric sold by unit of measurement, and includes a narrow fabric; (tissu à la pièce)

textile fibre

textile fibre has the meaning set out in section 2 of the Textile Labelling Act. (fibre textile)

343 After December 31, 1979, units of measurement set out in Schedule II to the Act shall not be used in the retail trade of piece goods.

• 344 (1) Subject to subsection (2) and section 345, after December 31, 1979, units of measurement set out in Schedule II to the Act shall not be used in the retail trade of floor coverings, household textiles or wallpaper.

• (2) Subject to section 345, after December 31, 1979, units of measurement set out in Schedule II to the Act may be used in the retail trade of floor coverings, household textiles or wallpaper if the equivalent metric units of measurement are shown in a manner at least as prominent as the units of measurement set out in Schedule II to the Act.

• 345 (1) During 1980, section 344 does not apply to

  • (a) a catalogue;

  • (b) the label of a commodity that prior to January 1, 1980 is in transit, in a warehouse or received by the retailer; or

  • (c) advertising outside of retail premises.

• (2) After December 31, 1980, subsection 344(2) does not apply to any advertising of floor coverings, household textiles or wallpaper.

PART VIIIAdministrative Monetary Penalties

Violations

346 The contravention of a provision of the Act or these Regulations set out in column 1 of Part 1 or 2, respectively, of Schedule VI may be proceeded with as a violation in accordance with sections 22.1 to 22.28 of the Act.

Classification

347 The violation of each provision set out in column 1 of Part 1 or 2 of Schedule VI is classified as a minor, serious or very serious violation in accordance with the classification set out in column 2.

Penalties

• 348 (1) The amount of the penalty in respect of each violation is, subject to subsection (2),

  • (a) $250, for a minor violation;

  • (b) $500, for a serious violation; and

  • (c) $1,000, for a very serious violation.

• (2) The amount of the penalty is to be adjusted in accordance with the calculation set out in column 2 of Schedule VII that corresponds to the history set out in column 1 of the person who has committed the violation.

• (3) For the purposes of determining a person’s history, the points set out in column 3 of Part 1 or 2 of Schedule VI are assigned for each violation of a provision set out in column 1.

349 The notice of violation is to set out that an amount equal to 50% of the penalty may be paid as complete satisfaction of the penalty if it is paid within the period referred to in subsection 351(1) and in the manner set out in the notice of violation in accordance with subsection 351(6).

Compliance Agreements

350 If the Minister enters into a compliance agreement under subsection 22.13(1) of the Act, the conditions of which include the making of expenditures by a person, the amount of the penalty set out in the notice of violation is to be reduced by an amount equal to one half of the expenditures made in fulfilment of the agreement, with a maximum reduction to nil.

Payment

• 351 (1) For the purposes of paragraph 22.11(2)(e) of the Act, payment is to be made within 15 days after the day on which the person is provided with the notice of violation.

• (2) For the purposes of subsection 22.12(1) of the Act, payment of the penalty set out in the notice of violation is to be made within 30 days after the day on which the person is provided with the notice.

• (3) For the purposes of paragraph 22.13(4)(a) of the Act, payment is to be made within 15 days after the day on which the person is provided with the notice of default.

• (4) For the purposes of subsection 22.14(1) of the Act, payment is to be made within 15 days after the day on which the person is provided with the Minister’s notice.

• (5) For the purposes of subsection 22.15(3) of the Act, payment is to be made within 15 days after the day on which the person is provided with notice of the Minister’s decision under subsection 22.15(1) or (2) of the Act.

• (6) A payment referred to in any of subsections (1) to (5) is to be made in one of the following manners, as set out in the applicable notice:

  • (a) by means of a certified cheque or money order made payable to the Receiver General for Canada and submitted to a Measurement Canada office

    • (i) [Repealed, SOR/2017-17, s. 18]

    • (ii) by registered mail, or

    • (iii) by courier; or

  • (b) by electronic means.

• (7) The date of payment is the day on which it is sent.

Requests Under Subsection 22.12(2) of the Act

• 352 (1) A request under paragraph 22.12(2)(a) or (b) of the Act shall be made, as set out in the notice, by submitting the following information in writing to a Measurement Canada office in person, by registered mail or courier or by electronic means within 30 days after the day on which the person is provided with the notice of violation:

  • (a) the notice of violation number, as set out in the notice;

  • (b) the person’s name, mailing address, email address, telephone number, facsimile number and contact person, if any;

  • (c) an indication of whether the person prefers to communicate in English or French;

  • (d) in the case of a request made under paragraph 22.12(2)(a) of the Act, a proposal detailing the corrective action that will be taken to ensure the person’s compliance with the provision to which the violation relates; and

  • (e) in the case of a request made under paragraph 22.12(2)(b) of the Act, the person’s reasons for requesting the review.

• (2) [Repealed, SOR/2017-17, s. 19]

• (3) The date of the request is

  • (a) the day on which it is submitted, if it is submitted in person; or

  • (b) the day on which it is sent, if it is sent by registered mail, courier or electronic means.