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

Marking Devices “Not for Use in Trade”

25 Before being sold or otherwise disposed of, or leased, for a use other than use in trade, a weighing machine or measuring machine that is of a class, type or design approved under section 3 of the Act shall be permanently marked “Not for Use in Trade” (“Ne pas utiliser dans le commerce”) in letters of not less than 12 mm in height.

26 Where a trader has in his possession any device that is of a class, type or design approved for use in trade but that is not in his possession for use in trade, the trader shall, for the purpose of section 36 of the Act, mark the device “Not for Use in Trade” (“Ne pas utiliser dans le commerce”) or shall mark the device in words that convey the same meaning and the marking shall be in letters of not less than 12 mm or ½ inch in height.

Specifications Relating to Installation and Use

27 In addition to the specifications set out in Part V, the Minister may from time to time establish specifications relating to the installation and use of any device or class, type or design of device for use in trade.

Examination of Devices

• 28 (1) For the purposes of paragraph 26(1)(c) of the Act and subject to subsections (2) and (3), a device that is of a class, type or design approved under section 3 of the Act or that is described in section 8, other than a static measure or a device described in subsection 4(2), shall not be sold or otherwise disposed of, or leased, unless

  • (a) the device is manufactured in Canada and the manufacturer has had it examined by an inspector; or

  • (b) the device is imported into Canada and the dealer who imported the device has had it examined by an inspector.

• (2) Subsection (1) does not apply to any device, the performance of which cannot be examined until the device is installed for use in trade, if the dealer

  • (a) marks the device in the manner set out in section 22;

  • (b) within five days after shipping the device, sends to the nearest Measurement Canada office a notice in writing containing

    • (i) the dealer’s name and address,

    • (ii) the name of the person to whom the device was shipped,

    • (iii) a description of the device, and

    • (iv) the address of the place where the device is to be installed; and

  • (c) advises the trader that the device must be examined by an inspector before it is used in trade.

• (3) Subsection (1) does not apply in respect of a device that is to be sold or otherwise disposed of, or leased, for a use other than use in trade if the dealer

  • (a) marks the device in the manner set out in section 25; and

  • (b) within five days after selling or otherwise disposing of, or leasing, the device, sends to the nearest Measurement Canada office a notice in writing containing

    • (i) the dealer’s name and address,

    • (ii) the name and address of the person to whom the device was sold or otherwise disposed of, or leased, and

    • (iii) a description of the device, including the approval number, serial number and model number.

• 29 (1) For the purpose of subsection 15(1) of the Act, a trader who uses or possesses for use a device set out in column I of Part I of Schedule I, in the category of trade set out in column II, shall cause the device to be examined within the period set out in column III, counting from the day on which the most recent certificate showing that the device meets the requirements of the Act and these Regulations was issued following the examination referred to in

  • (a) paragraph 8(b) of the Act, before the first use in trade of the device; or

  • (b) section 15 or 15.1 of the Act.

• (2) If a device falls under more than one item of Part I of Schedule I, the shortest period set out in column III for those items applies for the purposes of subsection (1).

29.1 For the purpose of subsection 15(2) of the Act, the Minister may grant to a trader an extension of a period established under subsection 29(1) if

• (a) the trader sends to the nearest Measurement Canada office a written request containing

  • (i) the trader’s name and address,

  • (ii) the address where the device is located, if different from that referred to in subparagraph (i),

  • (iii) the device’s make, model and serial number,

  • (iv) the range of the flow rate or the maximum load that may be measured by the device,

  • (v) the date of the most recent regulatory examination of the device,

  • (vi) a description of the purpose for which the device is used, sufficient to determine the category of trade in which it is used,

  • (vii) the reason for the extension request,

  • (viii) the efforts made to comply with the period, and

  • (ix) the duration of the extension being requested, not to exceed one year;

• (b) the trader establishes that circumstances beyond their control make it impossible to have the device examined within the period; and

• (c) the trader has not previously been granted an extension of the period.

Marking of Devices

• 30 (1) An inspector who, for the purposes of paragraph 8(b) or 26(1)(c) of the Act, examines a device and determines that it meets the requirements of the Act and these Regulations shall mark the device or the container in which the device is stored when not in use with an examination mark in accordance with subsections (2), (3) and (4).

• (2) A device referred to in subsection (1) shall be marked by means of a steel die or, if that is not possible, by means of a sticker.

• (3) The examination mark shall be placed,

  • (a) in the case of a weighing or measuring machine to which a plate is permanently affixed, on the blank area referred to in subsection 18(2) or, if that is not possible, close to the plate;

  • (b) in the case of a weighing or measuring machine to which no plate is permanently affixed, on a part of the machine where it will be readily legible to a person using the machine under normal conditions of use;

  • (c) in the case of a weight that has a lead plug, on the lead plug; and

  • (d) in the case of a weight that does not have a lead plug, on any appropriate part of the weight.

• (4) Despite subsection (3), if a device is so small that it cannot be marked in accordance with that subsection, the examination mark shall be placed on the container in which the device is stored when not in use.

30.1 An inspector who marks a weighing or measuring machine with an examination mark under section 30 shall also place an examination sticker on the device.

• 31 (1) An inspector who, under section 15 of the Act, examines a weighing or measuring machine set out in column I of Part I of Schedule I that is or is to be used in the category of trade set out in column II or who, under section 15.1 of the Act, examines a weighing or measuring machine that is or is to be used in trade and, in either case, determines that the machine meets the requirements of the Act and these Regulations shall mark the machine by placing on it an examination sticker.

• (2) An inspector who, under paragraph 17(1)(b) or subsection 21(2) of the Act, examines a weighing or measuring machine that is or is to be used in trade and determines that it meets the requirements of the Act and these Regulations shall mark the machine by placing on it a sticker bearing the examination mark.

• (3) An inspector who, under section 15 of the Act, examines a weight set out in column I of Part I of Schedule I that has a lead plug and that is or is to be used in the category of trade set out in column II or who, under section 15.1, paragraph 17(1)(b) or subsection 21(2) of the Act, examines a weight that has a lead plug that is or is to be used in trade and, in either case, determines that the weight meets the requirements of the Act and these Regulations shall

  • (a) mark the plug with an examination mark by means of a steel die; or

  • (b) if the weight is so small that this is not possible, place an examination mark on the container in which the weight is stored when not in use.

Sealing of Devices

32 For the purpose of paragraph 19(2)(a) of the Act, the seal that shall be attached by an inspector who marks, as prescribed by section 30 or 31, a volumetric liquid meter, measuring tank or electronic device, other than a device to which the Specifications Relating to Non-automatic Weighing Devices (1998) or the Specifications Relating to Timber Dimension Measuring Devices apply, shall be of the self-adhesive, self-locking or lead-and-wire type.

Accessibility and Assistance for Examining and Sealing Devices

• 33 (1) Subject to subsection (2), the owner or person in possession of a device shall ensure that the location of the device, or access to it by customary means, is such that an inspector is able

  • (a) to examine the device, including performing a thorough visual examination of it and its components;

  • (b) to verify the sealing means on the device and to seal it; and

  • (c) to transport and to manoeuvre by customary means the local standards and other equipment necessary for performing the examination.

• (2) Subsection (1) does not apply if the owner or person in possession of the device agrees

  • (a) to put at the inspector’s disposal the necessary facilities and to supply the necessary labour, test products, standards calibrated in relation to a relevant local standard and any other equipment necessary for examining and sealing the device; or

  • (b) on the request of the inspector, to remove the device to a suitable location and to supply the necessary equipment, material and services for examining and sealing the device.

• (3) [Repealed, SOR/2005-130, s. 5]

Device Maintenance and Adjustment

34 A device shall be maintained in proper operating condition and, where cleanliness can affect its performance, shall be kept clean.

35 Where a device has a means of adjustment, an adjustment shall be made only to correct the condition that the adjustment is designed to correct and shall not be used to compensate for faulty installation or for worn or defective parts.

35.1 A person who alters, adjusts or repairs a device in a way that may affect the accuracy of measurement shall also take steps to ensure that the device is calibrated immediately after the alteration, adjustment or repair so that the measurement error is as close to zero as possible within the normal operating range of the device.

Rejected Static Measures

36 Where an inspector determines that a static measure that is or is to be used in trade does not meet the requirements of the Act and these Regulations, he shall deface any markings referred to in paragraphs 19(b) and (d).

37 [Repealed, SOR/90-118, s. 11]

Reporting Location of Devices Installed for Use in Trade

• 38 (1) This section and section 39 do not apply to a class or type of device referred to in subsection 4(1) or to a device used in a trade transaction referred to in section 7.

• (2) Where a trader installs or causes to be installed for use in trade

  • (a) a volumetric liquid measuring machine as part of a receiving or dispensing system, or

  • (b) any other device that, before it is used, is installed on a base, foundation, frame or other means of support, or is incorporated into a structure or system specifically made or prepared for the device, and the manner of installation can affect the performance of the device,

  the trader shall, within five days after the date of the installation, make a report in writing to the nearest Measurement Canada office containing the following information:

  • (c) the name and address of the trader;

  • (d) the make, model and serial number of the device;

  • (e) the range of flow rate or capacity of the device; and

  • (f) the address and description of the place where the device is installed.

• (3) If a device described in subsection (2) has been removed from its installation and is installed again, the trader who owns the device or has it in their possession for use in trade shall, within five days after the date of the installation, make a report in writing to the nearest Measurement Canada office containing the information required by subsection (2) and the address and description of the place where the device was previously installed.

• 39 (1) Where a trader acquires a measuring machine for use in trade that is part of a receiving or dispensing system installed on a vehicle, he shall make a report in writing to the nearest Measurement Canada office within five days from the date of the acquisition containing the following information:

  • (a) the name and address of the trader;

  • (b) the make, model and serial number of the machine;

  • (c) the range of flow rate or capacity of the machine;

  • (d) the make, fleet and unit number of the vehicle on which the machine is installed;

  • (e) the address, if known, at which the machine was located prior to the acquisition; and

  • (f) the new address at which the machine can be examined.

• (2) If a trader who owns or has in their possession for use in trade a measuring machine described in subsection (1) changes the address at which the machine can be examined, they shall, within five days after the date of changing the address, make a report in writing to the nearest Measurement Canada office containing the information required by paragraphs (1)(a), (b), (c), (d) and (f) and the address at which the machine could have been examined before the change of address.

Written Notice Subsequent to Repairing Device

• 40 (1) A device that is of a class or type referred to in subsection 4(1) or a device used in a trade transaction referred to in section 7 is exempt from paragraphs 29(a) and (b) and section 30 of the Act.

• (2) The written notice referred to in subparagraph 29(a)(ii) of the Act shall be forwarded to the nearest Measurement Canada office within five days from the date of the repair of the device and shall contain the following information:

  • (a) the name and address of the person who made the repair;

  • (b) the name and address of the person to whom the repaired device will be sent;

  • (c) if known to the person who made the repair, the address of the place where the device will be located for examination, if that address is different from the address referred to in paragraph (b);

  • (d) the date of completion of the repair;

  • (e) the make, model and serial number of the device;

  • (f) the range of flow rate or capacity of the device;

  • (g) a description of the repair made;

  • (h) a description of the tests made after the repair to determine the accuracy of the device, the results of such tests and the equipment used for the testing;

  • (i) [Repealed, SOR/81-623, s. 1]

  • (j) whether the person who made the repair removed or broke or found removed or broken any marking, tag or seal placed on or attached to the device by an inspector or a person who had previously adjusted, altered or repaired the device, and, where possible, a description of such marking, tag or seal; and

  • (k) where the person who made the repair removed or broke or found removed or broken any seal, whether he replaced it with another seal and, if so, a description of that seal and the number of the seal, if any.