Weights and Measures Regulations

7 (1) Subject to subsection (2), section 8, subsection 15(1), section 23, paragraph 24(b) and section 33 of the Act do not apply in respect of a trade transaction if the parties 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 them is not available to them for use in their intended trade transaction;

• (b) they wish to use in their intended trade transaction a device other than one referred to in paragraph (a); and

• (c) it would be impractical or unreasonably expensive to obtain approval for the class, type or design of device that they wish to use in their intended trade transaction or to comply with the examination requirement under paragraph 8(b) or subsection 15(1) 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).