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

Regulations are current to 2020-01-08 and last amended on 2019-06-17. Previous Versions

PART IDevices (continued)

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

[SOR/93-234, s. 2; SOR/2014-111, s. 6]

 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.

  • SOR/90-118, s. 4
  • SOR/2014-111, s. 6

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

[SOR/93-234, s. 2; SOR/94-691, s. 4(E); SOR/2014-111, s. 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.

  • SOR/90-118, s. 4
  • SOR/2014-111, s. 6

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

  •  (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.

  • SOR/2014-111, s. 6

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

[SOR/2014-111, s. 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).

  • SOR/89-570, s. 6(F)
  • SOR/2005-297, s. 41(F)
  • SOR/2014-111, s. 8

Exemptions from Approval

  •  (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.

  • SOR/90-118, s. 5
  • SOR/2014-111, s. 46
  •  (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.

  • SOR/90-118, s. 5
  • SOR/2014-111, s. 46

 A static measure examined and certified by an inspector on or before December 31, 1989 is exempt from paragraph 8(a) of the Act.

  • SOR/90-118 s. 5
  • SOR/2014-111, s. 46

 A device or class, type or design of device is exempt from paragraph 8(a) of the Act if every part of the device that can have an effect on the accuracy of the device or class, type or design of device is approved pursuant to section 3 of the Act.

  • SOR/90-118, s. 5

Exemptions from Subsection 19(2) of the Act

 The following devices are exempt from subsection 19(2) of the Act:

  • (a) static measures; and

  • (b) weights that do not have lead plugs that have been marked in accordance with paragraph 30(3)(d).

  • SOR/2014-111, s. 9

Exemption from Paragraph 26(1)(b) of the Act

 Since January 1, 1976, static measures that are not for use in trade are exempt from paragraph 26(1)(b) of the Act.

Notice of Importation

  •  (1) The classes, types or designs of devices described in subsection 4(1) are exempt from subsection 26(2) of the Act.

  • (2) The notice to the Minister referred to in subsection 26(2) of the Act shall be in writing, shall be directed to the nearest Measurement Canada office within 10 days after the device is imported and shall contain the following information:

    • (a) the name and Canadian address of the importer;

    • (b) the date of entry of the device into Canada;

    • (c) the port of entry of the device;

    • (d) a description of the device sufficient to enable an inspector to identify it;

    • (e) if more than one device is imported, the number of devices imported;

    • (f) the address at which the device may be examined;

    • (g) whether the device is of a class, type or design approved for use in trade, and if so, the approval number referred to in paragraph 17(c) for that class, type or design of device; and

    • (h) whether the device has been marked in accordance with these Regulations.

  • SOR/93-234, s. 2(F)
  • SOR/2005-297, ss. 40, 41(F), 43
  • SOR/2014-111, s. 46

Specifications Relating to Approval

[SOR/93-234, s. 2(F)]
  •  (1) In addition to the specifications set out in Part V, the Minister may establish specifications relating to the design, composition, construction and performance to which any device or class, type or design of device shall conform before it may be approved pursuant to section 3 of the Act.

  • (2) [Repealed, SOR/2005-297, s. 3]

  • (3) A device or class, type or design of device is exempted from the application of any or all of the provisions of the specifications set out in Part V or established under subsection (1) if

    • (a) the provision or provisions are inapplicable or inappropriate taking into account

      • (i) the distinctive characteristics of the design, composition and construction of the device or class, type or design of device, or

      • (ii) the use for which the device or class, type or design of device is to be approved pursuant to section 3 of the Act; or

    • (b) the device or class, type or design of device provides a degree of accuracy and security that is at least equivalent to the degree provided by a device or class, type or design of device that meets the requirements of the provision or provisions of the specifications.

  • (4) Where a device or class, type or design of device is exempted from the application of any or all of the provisions of the specifications set out in Part V or established under subsection (1), the exemption shall be set out in the notice of approval issued pursuant to section 3 of the Act.

  • SOR/78-792, s. 1
  • SOR/90-278, s. 1
  • SOR/93-234, s. 2
  • SOR/2005-297, s. 3
 
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