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

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

PART IVFees and Charges (continued)

 [Repealed, SOR/94-650, s. 2]

 [Repealed, SOR/85-736, s. 2]

 [Repealed, SOR/93-413, s. 2]

 If, in order to perform an examination, an inspector requires any equipment, material or commodity that is not customarily supplied by a Measurement Canada office and that has not been supplied by the dealer or trader for whom the examination is to be performed, the cost of purchasing or renting the necessary equipment, material or commodity and transporting it to and from the place where the examination is to be performed shall be payable in addition to the fee and charge otherwise payable for the examination.

  • SOR/93-234, s. 2(F)
  • SOR/2005-297, s. 40
  • SOR/2014-111, s. 30

Payment of Fees and Charges

  •  (1) Subject to section 21 of the Act, the fee and charge prescribed by these Regulations for the examination, altering or adjusting of a device shall be paid by the owner of the device or by the person in possession of the device.

  • (2) Where a commodity is examined pursuant to the Act, the fee and charge prescribed by these Regulations for examining the commodity shall be paid by the person who requests the examination.

  • SOR/93-234, s. 2(F)
  • SOR/2014-111, s. 46

PART VSpecifications Relating to Devices

Establishment of Specifications

  •  (1) Subject to subsection (2), this Part establishes the specifications relating to

    • (a) the design, composition, construction and performance to which a class, type or design of device described in this Part shall conform before it may be approved for use in trade pursuant to section 3 of the Act; and

    • (b) the installation and use of any class, type or design of device described in this Part.

  • (2) Weighing devices to which the Specifications Relating to Non Automatic Weighing Devices (1998) apply are exempt from this Part.

  • SOR/93-234, s. 2(F)
  • SOR/94-691, s. 4(F)
  • SOR/98-115, s. 6
  • SOR/2005-130, s. 6

DIVISION IDevices in General

Design, Composition and Construction

 Every device for use in trade shall be of such design, composition and construction as will reasonably ensure its ability to provide satisfactory accuracy throughout its normal life and eliminate means of perpetrating fraud when in use.

Performance

[SOR/2005-297, s, 42(F)]
  •  (1) Every device for use in trade set out in Column I of an item of the table to this subsection shall be of such stability that under all temperatures and other conditions that may normally be encountered in use, and without adjustments other than those specifically provided for use of the device, the device is capable of measuring accurately within applicable in-service limits of error throughout the applicable period set out in Column II of that item.

    TABLE

    Column IColumn II
    ItemDevicePeriod
    1Measuring tank having a capacity greater than 450 L or 100 gallons blank line5 years
    2Slow-flow meter having a flow rate of 115 L or less per hour or 25 gallons or less per hour blank line5 years
    3Any device not described in item 1 or 2 blank line2 years
  • (2) Where a device is tested for performance and a specific value for the known test quantity is not set out in the applicable table to this Part or in specifications established pursuant to subsection 13(1), the acceptance limits of error and in-service limits of error shall be determined by linear interpolation between the lower and higher limits of error nearest to the known test quantity.

  • SOR/80-290, s. 2
  • SOR/89-570, s. 6(F)
  • SOR/90-118, s. 17
  • SOR/2005-297, s. 14
  • SOR/2014-111, s. 45

Installation and Use

  •  (1) Every device for use in trade shall be installed, maintained and used so as to permit accurate measurement and eliminate means of perpetrating fraud when in use.

  • (2) A device referred to in subsection (1) shall not be used to measure any quantity of commodity unless the limit 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 is equal to or greater than

    • (a) the value of the minimum increment of registration of the device if the device has digital means of registration; or

    • (b) one-half the value of the minimum increment of registration of the device if the device has analogue means of registration only.

  • SOR/90-118, s. 18

 The installation and use of every device for use in trade shall conform to instructions for installation and use issued by the manufacturer or importer, unless there is an apparent contradiction between such instructions and the specifications set out in this Part or established by the Minister, in which case the specifications set out in this Part or established by the Minister shall prevail.

 If the use of a device in any manner or for any purpose is prohibited in either the certificate issued at the time of the most recent examination performed under the Act or in the notice of approval of the device issued under section 3 of the Act or under a previous enactment, the device shall, throughout the period of its use in trade, have closely associated with it or prominently displayed on it a readily legible sign or notice setting out the manner or purpose of use that is prohibited.

  • SOR/93-234, s. 2(F)
  • SOR/2014-111, s. 31

DIVISION IIWeights

Interpretation

 In this Division, weight means a weight for use in trade.

Design, Composition and Construction

 Weights shall be composed of any metal or metals not softer than brass, except that weights of less than one gram in the metric system or less than 10 grains in the Canadian system shall be composed of corrosion resistant metal.

 Weight reducing holes shall be so made as to prevent the retaining of adjusting lead or foreign matter and the entire surface of weights shall be smooth and reasonably free from grooves or indentations in which foreign matter could accumulate.

 If a weight is equipped with a ring, the ring shall not be removable.

 Cast iron weights shall be painted with at least one coat of suitable waterproof metal sealer or primer, and may be also painted with a finish coat if the resulting aggregate coat is thin and durable.

 When a cast iron weight is painted, it shall be calibrated after it receives the final paint coat.

 All adjusting holes intended to hold lead in a weight shall be undercut or so made as to ensure that the lead is securely held in place and in no case shall the lead project beyond the surface of the weight.

 At the time of an examination for the purposes of paragraph 8(b) or 26(1)(c) of the Act, not more than two adjusting holes shall be provided in a single weight and at every examination there shall be lead in each adjusting hole sufficient to accept an examination mark.

  • SOR/93-234, s. 2(F)
  • SOR/2014-111, s. 32

 A counterpoise weight the principal section of which is too thin to hold an adjusting hole shall have a boss or lug of a size sufficient to hold the adjusting hole.

 A weight with a cavity for loose adjusting material that is fitted with a screw top or plug shall be provided with a positive means of locking, other than by friction, the top or plug to the body of the weight.

 Weights shall be constructed to represent

  • (a) multiples or submultiples of the kilogram, gram or milligram having values equal to 1, 2 or 5 × 10n units, where “n” represents a whole number, whether positive, negative or equal to zero;

  • (b) multiples or decimal submultiples of the pound or troy ounce;

  • (c) multiples or binary submultiples of the pound or ounce; or

  • (d) multiples or decimal submultiples of the grain.

  • SOR/2017-17, s. 1

Performance

[SOR/2005-297, s. 42(F)]

 When a weight that has a marked weight set out in column I of an item in a table to sections 84 to 88 is tested for acceptance limits of error in relation to a local standard weight, the weight is considered to be within the acceptance limits of error if its actual weight determined by the test

  • (a) is not less than its marked weight; and

  • (b) does not exceed its marked weight by an amount in excess of the amount set out in Column II of that item.

  • SOR/89-570, s. 6(F)
  • SOR/2012-28, s. 1
 
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