Weights and Measures Regulations

28 (1) Subject to subsections (2) and (3), a device that is of a class, type or design approved pursuant to 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, leased or otherwise disposed of unless

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

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

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

• (a) marks the device as prescribed in section 22; and

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

  • (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.

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

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

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

  • (i) the name and address of the dealer,

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

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

(4) A dealer or trader who installs or causes to be installed a device described in subsection (2) for use in trade shall have the device inspected by an inspector before it is used in trade.