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

Report Subsequent to Altering, Adjusting or Repairing Device

• 41 (1) Where a person repairs a device that is or is to be used in trade without taking possession of it or adjusts or alters such a device, whether or not he takes possession of it, and the alteration, adjustment or repair is of a nature that may affect the accuracy of the device or may result in its no longer being of a class, type or design approved for use in trade, he shall, within five days after the date of the alteration, adjustment or repair, report the following information to the nearest Measurement Canada office:

  • (a) his name and address;

  • (b) the name and address of the person who has possession of the device;

  • (c) the address of the place where the device is located if that address is different from the address referred to in paragraph (b);

  • (d) the date of completion of the alteration, adjustment or 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 alteration, adjustment or repair made;

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

  • (i) [Repealed, SOR/81-623, s. 2]

  • (j) whether the person who made the alteration, adjustment or 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 by a person who had previously altered, adjusted or repaired the device and, where possible, a description of such marking, tag or seal; and

  • (k) where the person who made the alteration, adjustment or 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.

• (2) A report under subsection (1) shall be in writing, but an inspector may authorize the report to be made verbally, in which case the report shall be made verbally.

Reporting Removal of Marking or Tag or Breaking of Seals

42 The report referred to in paragraph 30(2)(b) of the Act shall be in writing, shall be forwarded to the nearest Measurement Canada office within five days of the removal of any marking or tag or breaking of any seal, or the discovery of the removal of any marking or tag or breaking of any seal, and shall contain the following information:

• (a) the name and address of the person who has possession of the device;

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

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

• (d) the date on which the marking or tag was removed or was discovered to have been removed;

• (e) the date on which the seal was broken or was discovered to have been broken;

• (f) the circumstances, if known, of the removal of the marking or tag or of the breaking of the seal;

• (g) a description, where possible, of the marking or tag that was removed or discovered to have been removed, and of the seal that was broken or discovered to have been broken; and

• (h) a description of any seal and the number of the seal, if any, that was installed to replace the missing seal.

Adjustments or Alterations Prescribed Pursuant to Section 16 of the Act

43 For the purpose of section 16 of the Act, the adjustments or alterations that an inspector may make to a device are such adjustments and alterations as are

• (a) minor in character and unlikely to require a significant amount of time to complete; and

• (b) needed to make the device comply with these Regulations and any additional specifications established pursuant to sections 13 and 27.

Limits of Error of Devices

44 The limits of error of a device for the purposes of paragraph 24(b) of the Act are those set out

• (a) as the in-service limits of error in the applicable table in Part V; or

• (b) as the in-service limits of error in the applicable specifications established under subsection 13(1).

PART IICommodities and Services

Interpretation

45 In this Part and in Schedule II,

individually measured commodity

individually measured commodity means a commodity that is measured and packaged in a manner other than in accordance with a predetermined fixed quantity and that is, as a result, sold in varying quantities; (marchandise mesurée individuellement)

quantity

quantity means the net quantity of a commodity; (quantité)

statement of quantity

statement of quantity means the quantity stated pursuant to section 9 of the Act. (déclaration de quantité)

Exemptions from Marking the Quantity of the Commodity

46 The following types of trade transactions are exempt from section 9 of the Act:

• (a) sales or offers for sale of commodities that are weighed or measured in the presence of the purchaser at the time of sale;

• (b) sales or offers for sale of commodities that are produced or manufactured only for export;

• (c) sales or offers for sale by bakeries of bakery products that are not packaged before being offered for sale;

• (d) retail sales or offers for sale of fresh fruits or fresh vegetables, if a sign or placard that shows the price per unit of measurement on which the total price of the commodity is based is displayed in close proximity to the commodity, and that are

  • (i) not packaged before being offered for sale,

  • (ii) packaged in a wrapper or confining band of less than 13 mm in width, or

  • (iii) packaged in a clear, transparent protective wrapping;

• (e) sales or offers for sale by automatic vending machines or mobile canteens of individual servings of food that are prepared by a commissary and packaged before being offered for sale;

• (f) sales or offers for sale of individual portions of food that are packaged before being offered for sale and served by a restaurant or other commercial enterprise with meals or snacks;

• (g) sales or offers for sale of individually wrapped confections, commonly known as one-bite confections, that are offered for sale or sold individually; and

• (h) sales or offers for sale of primary mill paper or primary paperboard products, where

  • (i) a statement of the net, gross or other quantity of the commodity and of the manner in which the quantity was calculated is shown in a legible manner on the side of the package containing the commodity that is visible to the purchaser under normal or customary conditions of sale or use, or on a shipping bill, bill of lading or other document accompanying the commodity, and

  • (ii) subject to section 49, the statement of quantity referred to in subparagraph (i) is accurate within the limits of error set out in Column II of an item of the appropriate Part of Schedule II for the stated quantity set out in Column I of that item.

Manner of Showing Statement of Quantity

47 A commodity that is sold or offered for sale on the basis of number or measure shall show a statement of quantity

• (a) in the case of a commodity, other than a commodity referred to in paragraph 46(h), that is packaged before being offered for sale, on the side of the package containing the commodity that is visible to the purchaser under normal or customary conditions of sale or use; and

• (b) in the case of a commodity that is not packaged before being offered for sale, on a part of the commodity itself that is visible to the purchaser under normal or customary conditions of sale or use or on a shipping bill, bill of lading or other document accompanying the commodity.

47.1 The statement of quantity for a commodity set out in column I of Schedule II.1 shall consist of at least one statement per parameter set out in column II.

• 48 (1) When the statement of quantity is shown on the package or on the commodity itself, the statement shall be shown in a manner easily legible to the purchaser and shall be in letters of not less than 3 mm or 1/8 inch in height if printed or written by hand and in letters of not less than 2 mm or 1/12 inch in height if printed or written by any other means.

• (2) When the statement of quantity is shown on a shipping bill, bill of lading or any other document accompanying the commodity, it shall be shown in a manner easily legible to the purchaser.

• (3) Where the price of a commodity is determined on the basis of a unit of measurement, that unit of measurement shall be shown on the statement of quantity in a manner at least as prominent as any other unit of measurement shown on the statement of quantity.

Limits of Error for Commodities and Services

• 49 (1) Subject to subsection (2), the prescribed limits of error for the purposes of sections 9 and 33 of the Act are those set out in Column II of an item of the appropriate Part of Schedule II for the stated quantity set out in Column I of that item.

• (2) Where a commodity is weighed or measured on a device for which the tolerance is prescribed in section 192, 193 or 268, the limits of error for the commodity shall be one and one-half times the in-service tolerance prescribed for the device.

• (3) Where the quantity of a commodity is stated in a unit of measurement that is not set out in column I of the applicable Part of Schedule II, the quantity shall be converted to the appropriate unit set out in column I of that Part and the limit of error set out in column II for that quantity shall apply.

49.1 For the purposes of section 34 of the Act, the limit of error applicable to the weight declaration of a commodity used to determine rail transportation charges for the commodity, obtained by in-motion weighing of cars carrying the commodity is one per cent of the declared net weight.

Examination

• 50 (1) When an examination is made of an individually measured commodity that is in a liquid state and has its quantity stated in units of volume, the quantity of the commodity shall be determined at the temperature at which it is customarily measured for sale.

• (2) When an examination is made of an individually measured commodity that is in a liquid state and has its quantity stated in units of volume at 15°C, the quantity of the commodity shall be determined at a temperature of 15°C.

• 51 (1) When an examination is made of a standard quantity commodity that is in a liquid or near liquid state at a temperature of 20°C and has its quantity stated in units of volume, the quantity of the commodity shall be determined at a temperature of 20°C.

• (2) When an examination is made of a standard quantity commodity that is in a frozen state and has its quantity stated in units of volume, the quantity of the commodity shall be determined at the temperature at which it is customarily offered for sale.

Examination by Sample

• 52 (1) The examination of any quantity of prepackaged commodities, referred to as a lot, each unit of which purports to contain the same quantity of commodity, that an inspector undertakes to determine whether the lot meets the requirements of the Act and these Regulations respecting the statement of quantity, shall be made by selecting and examining a sample from the lot.

• (2) Subject to subsection (3), where a lot contains the number of units set out in Column I of an item of Part I of Schedule III, an inspector shall select from the lot a number of units not less than the number set out in Column II of that item, and the number of units selected shall constitute the sample referred to in subsection (1).

• (3) Where, for the purpose of determining the quantity, other than for establishing the weight of the package containing the commodity, it is necessary to destroy a certain number of units in the lot, an inspector shall select, for destruction, not more than 10 per cent of the total number of units in the lot and not less than one unit, and the number of units selected shall constitute the sample referred to in subsection (1).

• (4) The lot from which a sample was taken and examined by an inspector does not meet the requirements of the Act and these Regulations respecting the statement of quantity if the inspector determines that

  • (a) the weighted average quantity of the units in the sample, as determined by the formula set out in Part II of Schedule III, is less than the stated quantity;

  • (b) the number of units in the sample that contain less than the stated quantity by more than the prescribed limits of error set out in Schedule II for that quantity is equal to or greater than the number set out in Column II of Part IV of Schedule III for the sample size set out in Column I thereof; or

  • (c) two or more units in the sample contain less than the stated quantity by more than twice the prescribed limits of error set out in Schedule II for that quantity.

PART IIILocal Standards

Interpretation

53 In this Part and in Schedule IV,

cylindrical graduated standard

cylindrical graduated standard means a local standard of volume or capacity that is made of glass or metal, has a cylindrical shape and, if made entirely of glass, bears graduations on the glass or, if made of metal, bears graduations that are adjacent to a glass window in the metal; (étalon cylindrique gradué)

gravimetric prover standard

gravimetric prover standard means a local standard consisting of a tank mounted on a weighing machine and used for determining

• (a) the mass of a product, or

• (b) the volume of a liquid on the basis of the mass registered on the weighing machine and the density of the liquid; (cuve étalon gravimétrique)

hydrometer standard

hydrometer standard [Repealed, SOR/2005-297, s. 11]

master meter standard

master meter standard means a local standard that registers by mechanical, electrical or electronic means or any combination thereof, in units or multiples or subdivisions of units of volume, the quantity of liquid that passes through the standard during an interval of operation; (compteur étalon-témoin)

narrow neck glass standard

narrow neck glass standard [Repealed, SOR/93-234, s. 2]

narrow neck metal standard

narrow neck metal standard [Repealed, SOR/93-234, s. 2]

narrow neck standard

narrow neck standard means a local standard of volume or capacity that has, on or adjacent to the narrow neck of the standard, a mark indicating the volume or capacity of the standard, or that has a machined rim that indicates the volume or capacity of the standard; (étalon à col étroit)

nominal value

nominal value means

• (a) in the case of a local standard of mass or weight, the mass or weight shown on that standard,

• (b) in the case of a local standard of length, the length between any two graduations on that standard,

• (c) in the case of a narrow neck standard, the volume or capacity shown on that standard,

• (d) in the case of a cylindrical graduated standard, the maximum volume or capacity shown on that standard,

• (d.1) in the case of a stoppered pycnometer standard, the volume or capacity of the standard when filled and stoppered at reference conditions,

• (e) in the case of a master meter standard, gravimetric prover standard, pressure hydrometer standard, standard of temperature or electricity measuring standard, the value shown by that standard for any particular test, and

• (f) in the case of a pipe prover standard, the volume of the standard stabilized at a temperature of 15°C and 101.325 kPa internal pressure as shown on the certificate issued for that standard pursuant to section 13 of the Act; (valeur nominale)

pipe prover standard

pipe prover standard means a local standard consisting of a pipe equipped with a piston or ball in which the volume of liquid displaced when the piston or ball traverses all or any part of the length of the pipe is registered by mechanical, electrical or electronic means or any combination thereof. (tube étalon)

pressure hydrometer standard

pressure hydrometer standard means a local standard that indicates the density or relative density of a fluid under pressure. (hydromètre étalon à pression)