Weights and Measures Regulations

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.