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Weights and Measures Regulations

Version of section 28 from 2014-08-01 to 2024-05-28:

  •  (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.

  • SOR/90-118, s. 9
  • SOR/93-234, s. 2
  • SOR/2005-297, ss. 5, 40, 41(F)
  • SOR/2014-111, s. 19

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