Weights and Measures Regulations

7 (1) Subject to subsection (2), where the parties to an intended trade transaction give written notice to the Minister that

• (a) a device approved for use in trade or approved for use in the particular manner or for the particular purpose contemplated by the parties (hereinafter referred to as an “approved device”) is not available to the parties for use in their intended trade transaction,

• (b) the parties wish to use in their intended trade transaction a device that is not an approved device, and

• (c) it would be impractical or unreasonably expensive to obtain approval for the class, type or design of device that the parties wish to use in their intended trade transaction or to comply with the inspection required by paragraph 8(b) of the Act,

the trade transaction is exempt from sections 8, 23 and 33 of the Act and paragraph 24(b) of the Act.

(2) A trade transaction referred to in subsection (1) is not exempt from the provisions of the Act referred to in that subsection unless

• (a) the parties referred to in subsection (1) furnish to the Minister such information as the Minister requires relating to the device that the parties wish to use;

• (b) the device that the parties wish to use conforms to all requirements of the Act and these Regulations, except the specifications relating to design, composition, construction and performance;

• (c) the parties have entered into a written contract not exceeding three years in duration respecting the use of the device that the parties wish to use in the intended trade transaction showing

  • (i) the limits of error applicable to the device and to the commodities to be measured by the device,

  • (ii) the means to be used for calibrating the device, and

  • (iii) the intervals at which that device will be calibrated;

• (d) the parties have forwarded to the Minister a true copy of the part of the contract dealing with the use of the device; and

• (e) the device that the parties wish to use measures within the limits of error referred to in subparagraph (c)(i).