Weights and Measures Regulations

Contents

1 #

[Repealed, SOR/2017-198, s. 2] (repealed)

2 #

In these Regulations,

acceptance limits of error means the limits of error that apply to a device when the performance of the device is tested

(a)at the time the class, type or design of that device is evaluated for approval;

(b)at the time the device is examined before its first use in trade;

(c)at the time the measuring elements of the device are overhauled or repaired following the failure of the device on examination to measure within the applicable limits of error; or

(d)at any time within 30 days after the time referred to in paragraph (b) or (c); (marge de tolérance à l’acceptation)

Act means the Weights and Measures Act; (Loi)

automatic weighing device [Repealed, SOR/2005-130, s. 1]

Canadian unit means a unit of measurement set out in Schedule II to the Act; (unité canadienne)

examination mark means a mark that indicates the year in which a device was examined; (marque d’examen)

examination sticker means a self-adhesive label that indicates the month and year in which a device was examined and, if applicable, the month and year of the next examination required under section 15 of the Act, as determined in accordance with section 29; (étiquette d’examen)

height means, with respect to the height of a letter, the height of an upper case letter where words appear in upper case and the height of the lower case letter “o” where words appear in lower case or in a mixture of upper and lower case; (hauteur)

in-service limits of error means the limits of error that apply to a device when the performance of the device is tested at any time other than a time referred to in the definition of acceptance limits of error; (marge de tolérance en service)

inspection mark [Repealed, SOR/2014-111, s. 1]

Measurement Canada office means any office of the Department of Industry for use by persons employed in the administration of the Act; (bureau de Mesures Canada)

measuring tank means a tank for use in trade for measuring the volume of liquid received or delivered, and includes a fixed, portable or vehicle-mounted tank; (réservoir jaugeur)

metric unit means a unit of measurement set out in Schedule I to the Act; (unité métrique)

non-automatic weighing device [Repealed, SOR/2005-130, s. 1]

packing device means a device that, as part of a mechanical packaging system, measures a predetermined quantity of commodity without recording the measurement of each quantity of commodity measured by the device or without being operated by a person who observes or records the measurement of each quantity of commodity measured by the device; (instrument d’emballage)

previous enactment means any Act of Parliament relating to weights and measures, and any regulations made under that Act, enacted prior to the Weights and Measures Act, S.C. 1970-71-72, c. 36; (texte législatif antérieur)

standard quantity commodity means a commodity that is part of a lot made up of the same commodity, with identical net quantity statements; (marchandise à quantité standard)

tank [Repealed, SOR/2014-111, s. 1]

vehicle tank means a measuring tank that is mounted on a vehicle other than a vehicle for railway use. (réservoir sur véhicule)

weights and measures office [Repealed, SOR/2005-297, s. 1]

^note

Part I · Devices

Interpretation

2.1 #

The following definitions apply in this Part and in Schedule I.

downstream petroleum trade means the trade of refined petroleum products and liquid alternative fuels between petroleum refineries, gas processing facilities, wholesalers, retailers and commercial customers. (commerce pétrolier aval)

fishing products means finfish, shellfish, marine vegetation and marine animals, including seals but no other furry marine animals, that are obtained from ocean or inland waters or aquaculture farms, and the products and by-products of their processing. (produits de la pêche)

forestry products means

(a)trees, logs and firewood;

(b)wood by-products other than methyl alcohol and wood resins; and

(c)paper, other than recycled paper in its untreated form. (produits forestiers)

grain and field crop products and services means

(a)cereal grains, oil seeds, grain corn, wheat, forage, hay, dry field peas, beans and seeds for those crops;

(b)feed grains and other animal foods processed by feed mills; and

(c)grain storage services offered in grain elevators. (grains, grandes cultures et services connexes)

mining products means metal and non-metal ores, refined ores and their transformed products, as well as refined precious metals and precious stones, but does not include scrap metal, products produced from the subsequent refining of precious metals and precious stones and, if used for construction, sand, gravel, stone and concrete products. (produits miniers)

retail food trade means the retail trade of food by retail food stores, including grocery stores, supermarkets, delicatessens, ethnic food stores, natural food stores, butcher shops, farmers’ markets, fish and seafood retailers, fruit and vegetable retailers, coffee retailers and specialty candy and nuts retailers. (commerce au détail des aliments)

retail petroleum trade means the retail trade of liquid refined petroleum products and liquid alternative fuels. (commerce pétrolier au détail)

^note

Exemptions from the Act

3 #

In regulation 2 (Interpretation)—

(1)A class, type or design of device is exempt from the Act where the class, type or design is

(a)subject to verification pursuant to the Electricity and Gas Inspection Act; or

(b)designed for use and used only in laboratories or in scientific study and not approved pursuant to section 3 of the Act.

(2)A device is exempt from the Act if it is used exclusively for

(a)gauging and strapping tanker ship holds or tanks that have a capacity of more than 55,000 litres and that are used in the downstream petroleum trade; or

(b)gauging ship holds that are used in the wholesale trade of mining products.

Exemptions from Section 8 and Subsection 15(1) of the Act

4 #

In regulation 6(1)(a) (Competent Control Authority) there shall be added at the end the words “ and the requirements and standards set out in paragraph 9B of the Schedule ”.

(1)The following classes or types of devices are exempt from section 8 and subsection 15(1) of the Act:

(a)water meters;

(b)parking meters;

(c)taxi meters;

(d)odometers of motor vehicles;

(e)coin-operated machines for weighing persons;

(f)payment-operated machines that dispense a predetermined quantity of liquid and that do not register by a mechanical or an electrical indicator the quantity of liquid dispensed;

(g)clocks, watches, chronometers and other time measuring devices;

(h)milk measuring tanks for farm use;

(i)measuring tanks mounted on railway cars;

(j)measuring tanks that have a capacity in excess of 55 000 L or 12,000 gallons;

(k)meters for the measurement of grease and other commodities having flow properties similar to grease;

(l)static measures that are used as containers in which a commodity is sold or offered for sale;

(m)packing devices;

(n)weighing machines designed for use in laboratories, scientific study or weighing precious metals and that are used for weighing precious metals or other commodities of comparable value, if they conform to applicable specifications for performance, installation and use established by these Regulations and if, prior to December 31, 1981, they are examined and certified as meeting such specifications;

(o)linear static measures; and

(p)devices used in the downstream petroleum trade to measure liquids carried in a permanent closed piping system, either to or from a place where they are processed, treated or stored, other than to a place where the product is consumed or processed and is no longer considered a hydrocarbon.

(2)A device is exempt from section 8 and subsection 15(1) of the Act if it is used exclusively to weigh or measure

(a)standard quantity commodities; or

(b)crude petroleum products.

Exemptions from Paragraph 8(a) and Subsection 15(1) of the Act

5 #

A measuring tank is exempt from paragraph 8(a) and subsection 15(1) of the Act if it conforms to applicable specifications relating to design, composition, construction and performance set out in Divisions I, V, X and XII of Part V and any additional specifications established under section 13.^note

Exemptions from Paragraph 8(b) and Subsection 15(1) of the Act

6 #

A device is exempt from paragraph 8(b) and subsection 15(1) of the Act if it is used exclusively in the wholesale trade of gold, silver or diamonds, after initial refining.^note

Exemptions from Paragraph 8(b), Subsection 15(1) and Paragraph 26(1)(c) of the Act

6.1 #

(1)Subject to subsection (2), a meter register approved under section 3 of the Act that has no means, or has means that are not in use, of automatic temperature, pressure or density compensation is exempt from paragraph 8(b), subsection 15(1) and paragraph 26(1)(c) of the Act if it is installed as a replacement register on a volumetric liquid meter that has previously been examined and certified for the purposes of paragraph 8(b) of the Act.

(2)Subsection (1) does not apply to a register that is altered to operate with automatic temperature, pressure or density compensation.

^note

Exemptions from Section 8, Subsection 15(1), Section 23, Paragraph 24(b) and Section 33 of the Act

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).

Exemptions from Approval

8 #

(1)Subject to section 10, a device that has been examined and certified under a previous enactment but not approved pursuant to section 3 of the Act is exempt from paragraph 8(a) of the Act.

(2)Subject to section 10, a device or class, type or design of device that has been approved for use in trade under a previous enactment is exempt from paragraph 8(a) of the Act.

9 #

(1)Subject to subsection (2), where a device or class, type or design of device approved pursuant to subsection 3(1) of the Act or under a previous enactment, or a device examined and certified by an inspector on or before December 31, 1989, is altered to measure in terms of any units of measurement set out and defined in Schedule I of the Act, the device or class, type or design of device is exempt from paragraph 8(a) of the Act if the device or class, type or design of device as altered conforms to

(a)applicable specifications relating to design, composition, construction and performance set out in Part V and any additional specifications established pursuant to section 13; or

(b)applicable specifications relating to design, composition, construction and performance in force at the time the device was initially examined and certified by an inspector or when the device or class, type or design of device was approved.

(2)Subsection (1) does not apply in respect of any device or class, type or design of device approved on a temporary basis pursuant to subsection 3(2) of the Act.

10 #

A static measure examined and certified by an inspector on or before December 31, 1989 is exempt from paragraph 8(a) of the Act.^note

10.1 #

A device or class, type or design of device is exempt from paragraph 8(a) of the Act if every part of the device that can have an effect on the accuracy of the device or class, type or design of device is approved pursuant to section 3 of the Act.^note

Exemptions from Subsection 19(2) of the Act

10.2 #

The following devices are exempt from subsection 19(2) of the Act:

(a)static measures; and

(b)weights that do not have lead plugs that have been marked in accordance with paragraph 30(3)(d).

^note

Exemption from Paragraph 26(1)(b) of the Act

11 #

Since January 1, 1976, static measures that are not for use in trade are exempt from paragraph 26(1)(b) of the Act.

Notice of Importation

12 #

(1)The classes, types or designs of devices described in subsection 4(1) are exempt from subsection 26(2) of the Act.

(2)The notice to the Minister referred to in subsection 26(2) of the Act shall be in writing, shall be directed to the nearest Measurement Canada office within 10 days after the device is imported and shall contain the following information:

(a)the name and Canadian address of the importer;

(b)the date of entry of the device into Canada;

(c)the port of entry of the device;

(d)a description of the device sufficient to enable an inspector to identify it;

(e)if more than one device is imported, the number of devices imported;

(f)the address at which the device may be examined;

(g)whether the device is of a class, type or design approved for use in trade, and if so, the approval number referred to in paragraph 17(c) for that class, type or design of device; and

(h)whether the device has been marked in accordance with these Regulations.

Specifications Relating to Approval

13 #

(1)In addition to the specifications set out in Part V, the Minister may establish specifications relating to the design, composition, construction and performance to which any device or class, type or design of device shall conform before it may be approved pursuant to section 3 of the Act.

(2)[Repealed, SOR/2005-297, s. 3] (repealed)

(3)A device or class, type or design of device is exempted from the application of any or all of the provisions of the specifications set out in Part V or established under subsection (1) if

(a)the provision or provisions are inapplicable or inappropriate taking into account

(i)the distinctive characteristics of the design, composition and construction of the device or class, type or design of device, or

(ii)the use for which the device or class, type or design of device is to be approved pursuant to section 3 of the Act; or

(b)the device or class, type or design of device provides a degree of accuracy and security that is at least equivalent to the degree provided by a device or class, type or design of device that meets the requirements of the provision or provisions of the specifications.

(4)Where a device or class, type or design of device is exempted from the application of any or all of the provisions of the specifications set out in Part V or established under subsection (1), the exemption shall be set out in the notice of approval issued pursuant to section 3 of the Act.

Application for Approval of a Class, Type or Design of Device

14 #

An application for the approval of a device, or of a class, type or design of device for use in trade shall be made in writing to the Minister and shall contain the following information:

(a)a description of the commodity that a device of that class, type or design is designed to measure;

(b)the different units of measurement registered by a device of that class, type or design;

(c)the range of flow rate or capacity of a device of that class, type or design; and

(d)where the manner of installation or use affects the performance of a device of that class, type or design, the manner in which the device is to be installed or used.

^note

15 #

(1)The application referred to in section 14 shall be accompanied by duplicate copies of

(a)test data relating to the actual service performance of the device or to the simulated service performance of the device;

(b)the principal drawings and specifications to be used by the manufacturer in assembling, testing and, where applicable, installing devices of that class, type or design; and

(c)the promotional material, bulletins, brochures, instructions and other information distributed or intended for distribution to purchasers or prospective purchasers of a device of the class, type or design to which the application relates.

(2)A person who submits an application under section 14 shall, when requested to do so by the Minister, supply to the Minister such additional information, test data, drawings or specifications as are necessary to enable the Minister to deal with the application.

16 #

On the request of the Minister and under any conditions that may be specified by him or her, the applicant shall make available to the Minister one or more devices of the class, type or design to which the application relates, together with any information, equipment, material and services that are required to evaluate the device for approval.^note

Notice of Approval

17 #

Where the Minister approves a class, type or design of device for use in trade, he shall issue to the applicant therefor a written notice of approval containing the following information:

(a)a description of the class, type or design of device approved;

(b)the date of approval;

(c)the approval number assigned to the class, type or design of device approved;

(d)where a class, type or design of device is approved for use in trade for a specific purpose only, the specific purpose for which it may be used and the purpose for which its use is prohibited;

(e)where a class, type or design of device is approved for use in trade in a specific manner only, the specific manner in which it may be used and the manner in which its use is prohibited;

(f)such information relating to specifications for installation or use of a device of the class, type or design approved as the Minister considers necessary;

(g)the markings that are required to be shown on a device of that class, type or design; and

(h)such other information as the Minister considers necessary.

^note

Form of Marking of Devices

18 #

(1)With the exception of devices to which the Specifications Relating to Non-automatic Weighing Devices (1998) or the Specifications Relating to Timber Dimension Measuring Devices apply, the information required by these Regulations to be marked on a device shall be marked

(a)on the device;

(b)on a plate or plates permanently affixed to the device;

(c)partly on the device and partly on a plate or plates that are permanently affixed to the device; or

(d)in the case of a device not large enough to accommodate the required information in the manner referred to in paragraph (a), (b) or (c), on a notice attached to or displayed in close proximity to the device.

(2)If information is marked on a plate, a suitable area of not less than 12 mm by 25 mm shall be left blank on the plate for the examination mark referred to in section 30 and the plate shall be made of a durable material and shall be located and mounted so that it can be stamped with a steel die.

(3)The information required by these Regulations to be marked on the device shall be shown in numbers or letters that are

(a)permanent;

(b)clear;

(c)of a height reasonably appropriate to the size of the device and, unless otherwise specified in these Regulations or in specifications established by the Minister, in numbers or letters of not less than 3 mm or 1/8 inch in height; and

(d)located in such a place as to be readily legible by a person using the device under normal conditions of use.

(4)When numbers are used with letters or in place of letters on any marking on a device, the size and height of the numbers shall correspond to the size and height of the letters used or required to be used thereon by these Regulations.

Marking Static Measures Approved for Use in Trade

19 #

Before being sold or otherwise disposed of, or leased, a static measure that is of a class, type or design approved for use in trade and that is manufactured on or after January 1, 1976 shall be marked with the following information:

(a)the name or registered trademark of the manufacturer or importer of the measure;

(b)the approval number for that class, type or design of measure;

(c)the capacity of the measure expressed in terms of the appropriate unit of measurement;

(d)the words “Legal for Trade” (“Légal pour le commerce”); and

(e)any other information required to be marked on the device by the notice of approval.

^note

Marking Weights Approved for Use in Trade

20 #

(1)Before being sold or otherwise disposed of, or leased, a weight that is of a class, type or design approved for use in trade shall be marked with the following information:

(a)the number of units of mass or weight that the weight contains;

(b)in the case of a counterpoise weight used as part of a weighing machine, the number of units of mass or weight to which the weight is equivalent when used as a counterpoise with the weighing machine of which it forms a part;

(c)in the case of a weight of 1 gram or multiple or submultiple thereof, the word “gram” or its symbol “g”, together with the appropriate prefix or symbol as set out in Part V of Schedule I to the Act;

(d)in the case of a weight of 1 troy ounce, or multiple or submultiple thereof, the word “troy” or its abbreviation; and

(e)in the case of a weight of any avoirdupois unit or multiple or submultiple thereof that is manufactured or imported after January 1, 1976, the name of the unit or the symbol or abbreviation for the unit.

(2)Paragraphs (1)(c), (d) and (e) do not apply to a weight that is so small that it is impracticable to show the information required by those paragraphs.

(3)Paragraph (1)(a) does not apply to

(a)sheet metal or wire weights of 1 milligram or multiples or submultiples thereof, or

(b)sheet metal or wire weights of 1 grain or multiples or submultiples thereof

if the weights are manufactured in the customary distinctive shapes to denote the multiple or submultiple of the milligram or grain that the weight represents.

Marking Approved Weighing Machines, Measuring Machines and Related Equipment and Accessories

21 #

(1)Before being sold or otherwise disposed of, or leased, a weighing machine or measuring machine that is of a class, type or design approved under section 3 of the Act, and any equipment or accessory attached to or used in conjunction with the machine that has or could have an effect on the accuracy of the machine and that was approved under section 3 of the Act, shall be marked with the following information:

(a)the name of the manufacturer or importer of the machine, equipment or accessory;

(b)the model number and serial number of the machine, equipment or accessory;

(c)the approval number of the machine, equipment or accessory;

(d)in the case of a volumetric liquid meter,

(i)the minimum and maximum flow rates, and

(ii)if the meter is equipped with an automatic temperature compensator, the words “Volume corrected to 15°C” or “Volume corrigé à 15°C”, immediately adjacent to the registration of net quantity;

(e)in the case of a weighing machine, the maximum load that may be weighed on the machine;

(f)in the case of any equipment or accessory, the range for which it was approved pursuant to section 3 of the Act; and

(g)any other information that is required by the notice of approval issued pursuant to section 3 of the Act.

(2)Subsection (1) does not apply to weighing machines or measuring machines to which the Specifications Relating to Non-automatic Weighing Devices (1998) or the Specifications Relating to Timber Dimension Measuring Devices apply.

22 #

Before being sold or otherwise disposed of, or leased, a weighing machine or measuring machine that is of a class, type or design approved under section 3 of the Act and that is referred to in subsection 28(2) shall be marked “Not for Use in Trade until Examined” (“Ne pas utiliser dans le commerce avant l’examen”) or shall be marked with words that convey the same meaning, and those markings shall be in letters of not less than 12 mm in height and shall remain on the device until it has been examined and is found to meet the requirements of the Act and these Regulations.^note

23 #

(1)Before being sold or otherwise disposed of, or leased, a weighing machine or measuring machine that is not of a class, type or design approved under section 3 of the Act and that is not exempt from approval under that section shall be marked “Not Legal for Trade” (“Non légal pour le commerce”) in letters of not less than 6 mm in height.

(2)A device described in paragraph 4(2)(a) shall be marked “For Prepackaging Use Only” (“Pour préemballage seulement”) in letters of not less than 6 mm in height.

Marking Measuring Tanks

24 #

(1)Before being sold or otherwise disposed of, or leased, a measuring tank that is of a class, type or design approved under section 3 of the Act shall be marked with the following information:

(a)the name of the manufacturer or importer of the measuring tank;

(b)the model number and serial number of the measuring tank;

(c)the approval number for that class, type or design of measuring tank;

(d)the maximum capacity of the measuring tank;

(e)in the case of a measuring tank that contains one or more internal capacity indicators, the capacity of the measuring tank at the level of each indicator and where there is more than one indicator, the various capacities shown in descending order;

(f)in the case of a measuring tank that has been calibrated to a valve located immediately at the outlet of the measuring tank or that has been calibrated to an emergency valve, the words “dry line calibration” (“calibré avec tuyauterie vide”);

(g)in the case of a measuring tank that has not been calibrated as set out in paragraph (f), the words “wet line calibration” (“calibré avec tuyauterie pleine”); and

(h)in the case of two or more measuring tanks installed on a vehicle, a number or letter in an identifiable sequence commencing with the tank closest to the front of the vehicle and proceeding to the tank closest to the rear of the vehicle.

(2)Where two or more measuring tanks are installed on a vehicle, the information required by paragraphs (1)(a) to (g) may appear in one location if the tanks are identified in accordance with paragraph (1)(h) and the information is correlated to the number or letter shown on the tank.

(3)The information required by paragraphs (1)(f), (g) and (h) shall be shown in numbers or letters of not less than 12 mm or ½ inch in height.

(4)Every internal capacity indicator in a measuring tank shall be marked in numbers or letters at least 6 mm or ¼ inch in height

(a)to show the capacity of the tank at the level of the indicator; or

(b)to identify the indicator.

(5)Where the internal capacity indicator is identified in accordance with paragraph (4)(b), the identification and the capacity of the measuring tank at the level of that indicator shall be shown on the outside of the neck or fill opening of the measuring tank in numbers or letters of at least 12 mm or ½ inch in height.

(6)When two or more measuring tanks are installed on a vehicle, the discharge valve for each tank shall be marked in numbers or letters of not less than 6 mm or ¼ inch in height to show the tank from which the commodity is discharged.

Marking Devices “Not for Use in Trade”

25 #

Before being sold or otherwise disposed of, or leased, for a use other than use in trade, a weighing machine or measuring machine that is of a class, type or design approved under section 3 of the Act shall be permanently marked “Not for Use in Trade” (“Ne pas utiliser dans le commerce”) in letters of not less than 12 mm in height.^note

26 #

Where a trader has in his possession any device that is of a class, type or design approved for use in trade but that is not in his possession for use in trade, the trader shall, for the purpose of section 36 of the Act, mark the device “Not for Use in Trade” (“Ne pas utiliser dans le commerce”) or shall mark the device in words that convey the same meaning and the marking shall be in letters of not less than 12 mm or ½ inch in height.^note

Specifications Relating to Installation and Use

27 #

In addition to the specifications set out in Part V, the Minister may from time to time establish specifications relating to the installation and use of any device or class, type or design of device for use in trade.^note

Examination of Devices

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.

29 #

(1)For the purpose of subsection 15(1) of the Act, a trader who uses or possesses for use a device set out in column I of Part I of Schedule I, in the category of trade set out in column II, shall cause the device to be examined within the period set out in column III, counting from the day on which the most recent certificate showing that the device meets the requirements of the Act and these Regulations was issued following the examination referred to in

(a)paragraph 8(b) of the Act, before the first use in trade of the device; or

(b)section 15 or 15.1 of the Act.

(2)If a device falls under more than one item of Part I of Schedule I, the shortest period set out in column III for those items applies for the purposes of subsection (1).

29.1 #

For the purpose of subsection 15(2) of the Act, the Minister may grant to a trader an extension of a period established under subsection 29(1) if

(a)the trader sends to the nearest Measurement Canada office a written request containing

(i)the trader’s name and address,

(ii)the address where the device is located, if different from that referred to in subparagraph (i),

(iii)the device’s make, model and serial number,

(iv)the range of the flow rate or the maximum load that may be measured by the device,

(v)the date of the most recent regulatory examination of the device,

(vi)a description of the purpose for which the device is used, sufficient to determine the category of trade in which it is used,

(vii)the reason for the extension request,

(viii)the efforts made to comply with the period, and

(ix)the duration of the extension being requested, not to exceed one year;

(b)the trader establishes that circumstances beyond their control make it impossible to have the device examined within the period; and

(c)the trader has not previously been granted an extension of the period.

^note

Marking of Devices

30 #

(1)An inspector who, for the purposes of paragraph 8(b) or 26(1)(c) of the Act, examines a device and determines that it meets the requirements of the Act and these Regulations shall mark the device or the container in which the device is stored when not in use with an examination mark in accordance with subsections (2), (3) and (4).

(2)A device referred to in subsection (1) shall be marked by means of a steel die or, if that is not possible, by means of a sticker.

(3)The examination mark shall be placed,

(a)in the case of a weighing or measuring machine to which a plate is permanently affixed, on the blank area referred to in subsection 18(2) or, if that is not possible, close to the plate;

(b)in the case of a weighing or measuring machine to which no plate is permanently affixed, on a part of the machine where it will be readily legible to a person using the machine under normal conditions of use;

(c)in the case of a weight that has a lead plug, on the lead plug; and

(d)in the case of a weight that does not have a lead plug, on any appropriate part of the weight.

(4)Despite subsection (3), if a device is so small that it cannot be marked in accordance with that subsection, the examination mark shall be placed on the container in which the device is stored when not in use.

30.1 #

An inspector who marks a weighing or measuring machine with an examination mark under section 30 shall also place an examination sticker on the device.^note

31 #

(1)An inspector who, under section 15 of the Act, examines a weighing or measuring machine set out in column I of Part I of Schedule I that is or is to be used in the category of trade set out in column II or who, under section 15.1 of the Act, examines a weighing or measuring machine that is or is to be used in trade and, in either case, determines that the machine meets the requirements of the Act and these Regulations shall mark the machine by placing on it an examination sticker.

(2)An inspector who, under paragraph 17(1)(b) or subsection 21(2) of the Act, examines a weighing or measuring machine that is or is to be used in trade and determines that it meets the requirements of the Act and these Regulations shall mark the machine by placing on it a sticker bearing the examination mark.

(3)An inspector who, under section 15 of the Act, examines a weight set out in column I of Part I of Schedule I that has a lead plug and that is or is to be used in the category of trade set out in column II or who, under section 15.1, paragraph 17(1)(b) or subsection 21(2) of the Act, examines a weight that has a lead plug that is or is to be used in trade and, in either case, determines that the weight meets the requirements of the Act and these Regulations shall

(a)mark the plug with an examination mark by means of a steel die; or

(b)if the weight is so small that this is not possible, place an examination mark on the container in which the weight is stored when not in use.

Sealing of Devices

32 #

For the purpose of paragraph 19(2)(a) of the Act, the seal that shall be attached by an inspector who marks, as prescribed by section 30 or 31, a volumetric liquid meter, measuring tank or electronic device, other than a device to which the Specifications Relating to Non-automatic Weighing Devices (1998) or the Specifications Relating to Timber Dimension Measuring Devices apply, shall be of the self-adhesive, self-locking or lead-and-wire type.^note

Accessibility and Assistance for Examining and Sealing Devices

33 #

(1)Subject to subsection (2), the owner or person in possession of a device shall ensure that the location of the device, or access to it by customary means, is such that an inspector is able

(a)to examine the device, including performing a thorough visual examination of it and its components;

(b)to verify the sealing means on the device and to seal it; and

(c)to transport and to manoeuvre by customary means the local standards and other equipment necessary for performing the examination.

(2)Subsection (1) does not apply if the owner or person in possession of the device agrees

(a)to put at the inspector’s disposal the necessary facilities and to supply the necessary labour, test products, standards calibrated in relation to a relevant local standard and any other equipment necessary for examining and sealing the device; or

(b)on the request of the inspector, to remove the device to a suitable location and to supply the necessary equipment, material and services for examining and sealing the device.

(3)[Repealed, SOR/2005-130, s. 5] (repealed)

Device Maintenance and Adjustment

34 #

A device shall be maintained in proper operating condition and, where cleanliness can affect its performance, shall be kept clean.^note

35 #

Where a device has a means of adjustment, an adjustment shall be made only to correct the condition that the adjustment is designed to correct and shall not be used to compensate for faulty installation or for worn or defective parts.^note

35.1 #

A person who alters, adjusts or repairs a device in a way that may affect the accuracy of measurement shall also take steps to ensure that the device is calibrated immediately after the alteration, adjustment or repair so that the measurement error is as close to zero as possible within the normal operating range of the device.^note

Rejected Static Measures

36 #

Where an inspector determines that a static measure that is or is to be used in trade does not meet the requirements of the Act and these Regulations, he shall deface any markings referred to in paragraphs 19(b) and (d).

37 #

[Repealed, SOR/90-118, s. 11] (repealed)

Reporting Location of Devices Installed for Use in Trade

38 #

(1)This section and section 39 do not apply to a class or type of device referred to in subsection 4(1) or to a device used in a trade transaction referred to in section 7.

(2)Where a trader installs or causes to be installed for use in trade

(a)a volumetric liquid measuring machine as part of a receiving or dispensing system, or

(b)any other device that, before it is used, is installed on a base, foundation, frame or other means of support, or is incorporated into a structure or system specifically made or prepared for the device, and the manner of installation can affect the performance of the device,

(c)the name and address of the trader;

(d)the make, model and serial number of the device;

(e)the range of flow rate or capacity of the device; and

(f)the address and description of the place where the device is installed.

the trader shall, within five days after the date of the installation, make a report in writing to the nearest Measurement Canada office containing the following information:

(3)If a device described in subsection (2) has been removed from its installation and is installed again, the trader who owns the device or has it in their possession for use in trade shall, within five days after the date of the installation, make a report in writing to the nearest Measurement Canada office containing the information required by subsection (2) and the address and description of the place where the device was previously installed.

39 #

(1)Where a trader acquires a measuring machine for use in trade that is part of a receiving or dispensing system installed on a vehicle, he shall make a report in writing to the nearest Measurement Canada office within five days from the date of the acquisition containing the following information:

(a)the name and address of the trader;

(b)the make, model and serial number of the machine;

(c)the range of flow rate or capacity of the machine;

(d)the make, fleet and unit number of the vehicle on which the machine is installed;

(e)the address, if known, at which the machine was located prior to the acquisition; and

(f)the new address at which the machine can be examined.

(2)If a trader who owns or has in their possession for use in trade a measuring machine described in subsection (1) changes the address at which the machine can be examined, they shall, within five days after the date of changing the address, make a report in writing to the nearest Measurement Canada office containing the information required by paragraphs (1)(a), (b), (c), (d) and (f) and the address at which the machine could have been examined before the change of address.

Written Notice Subsequent to Repairing Device

40 #

(1)A device that is of a class or type referred to in subsection 4(1) or a device used in a trade transaction referred to in section 7 is exempt from paragraphs 29(a) and (b) and section 30 of the Act.

(2)The written notice referred to in subparagraph 29(a)(ii) of the Act shall be forwarded to the nearest Measurement Canada office within five days from the date of the repair of the device and shall contain the following information:

(a)the name and address of the person who made the repair;

(b)the name and address of the person to whom the repaired device will be sent;

(c)if known to the person who made the repair, the address of the place where the device will be located for examination, if that address is different from the address referred to in paragraph (b);

(d)the date of completion of the repair;

(e)the make, model and serial number of the device;

(f)the range of flow rate or capacity of the device;

(g)a description of the repair made;

(h)a description of the tests made after the repair to determine the accuracy of the device, the results of such tests and the equipment used for the testing;

(i)[Repealed, SOR/81-623, s. 1] (repealed)

(j)whether the person who made the repair removed or broke or found removed or broken any marking, tag or seal placed on or attached to the device by an inspector or a person who had previously adjusted, altered or repaired the device, and, where possible, a description of such marking, tag or seal; and

(k)where the person who made the repair removed or broke or found removed or broken any seal, whether he replaced it with another seal and, if so, a description of that seal and the number of the seal, if any.

Report Subsequent to Altering, Adjusting or Repairing Device

41 #

(1)Where a person repairs a device that is or is to be used in trade without taking possession of it or adjusts or alters such a device, whether or not he takes possession of it, and the alteration, adjustment or repair is of a nature that may affect the accuracy of the device or may result in its no longer being of a class, type or design approved for use in trade, he shall, within five days after the date of the alteration, adjustment or repair, report the following information to the nearest Measurement Canada office:

(a)his name and address;

(b)the name and address of the person who has possession of the device;

(c)the address of the place where the device is located if that address is different from the address referred to in paragraph (b);

(d)the date of completion of the alteration, adjustment or repair;

(e)the make, model and serial number of the device;

(f)the range of flow rate or capacity of the device;

(g)a description of the alteration, adjustment or repair made;

(h)a description of the tests made after the alteration, adjustment or repair to determine the accuracy of the device, the results of such tests and the equipment used for such testing;

(i)[Repealed, SOR/81-623, s. 2] (repealed)

(j)whether the person who made the alteration, adjustment or repair removed or broke or found removed or broken any marking, tag or seal placed on or attached to the device by an inspector or by a person who had previously altered, adjusted or repaired the device and, where possible, a description of such marking, tag or seal; and

(k)where the person who made the alteration, adjustment or repair removed or broke or found removed or broken any seal, whether he replaced it with another seal and, if so, a description of that seal and the number of the seal, if any.

(2)A report under subsection (1) shall be in writing, but an inspector may authorize the report to be made verbally, in which case the report shall be made verbally.

Reporting Removal of Marking or Tag or Breaking of Seals

42 #

The report referred to in paragraph 30(2)(b) of the Act shall be in writing, shall be forwarded to the nearest Measurement Canada office within five days of the removal of any marking or tag or breaking of any seal, or the discovery of the removal of any marking or tag or breaking of any seal, and shall contain the following information:

(a)the name and address of the person who has possession of the device;

(b)the make, model and serial number of the device;

(c)the range of flow rate or capacity of the device;

(d)the date on which the marking or tag was removed or was discovered to have been removed;

(e)the date on which the seal was broken or was discovered to have been broken;

(f)the circumstances, if known, of the removal of the marking or tag or of the breaking of the seal;

(g)a description, where possible, of the marking or tag that was removed or discovered to have been removed, and of the seal that was broken or discovered to have been broken; and

(h)a description of any seal and the number of the seal, if any, that was installed to replace the missing seal.

^note

Adjustments or Alterations Prescribed Pursuant to Section 16 of the Act

43 #

For the purpose of section 16 of the Act, the adjustments or alterations that an inspector may make to a device are such adjustments and alterations as are

(a)minor in character and unlikely to require a significant amount of time to complete; and

(b)needed to make the device comply with these Regulations and any additional specifications established pursuant to sections 13 and 27.

^note

Limits of Error of Devices

44 #

The limits of error of a device for the purposes of paragraph 24(b) of the Act are those set out

(a)as the in-service limits of error in the applicable table in Part V; or

(b)as the in-service limits of error in the applicable specifications established under subsection 13(1).

^note

Part II · Commodities and Services

Interpretation

45 #

In this Part and in Schedule II,

individually measured commodity means a commodity that is measured and packaged in a manner other than in accordance with a predetermined fixed quantity and that is, as a result, sold in varying quantities; (marchandise mesurée individuellement)

quantity means the net quantity of a commodity; (quantité)

statement of quantity means the quantity stated pursuant to section 9 of the Act. (déclaration de quantité)

^note

Exemptions from Marking the Quantity of the Commodity

46 #

The following types of trade transactions are exempt from section 9 of the Act:

(a)sales or offers for sale of commodities that are weighed or measured in the presence of the purchaser at the time of sale;

(b)sales or offers for sale of commodities that are produced or manufactured only for export;

(c)sales or offers for sale by bakeries of bakery products that are not packaged before being offered for sale;

(d)retail sales or offers for sale of fresh fruits or fresh vegetables, if a sign or placard that shows the price per unit of measurement on which the total price of the commodity is based is displayed in close proximity to the commodity, and that are

(i)not packaged before being offered for sale,

(ii)packaged in a wrapper or confining band of less than 13 mm in width, or

(iii)packaged in a clear, transparent protective wrapping;

(e)sales or offers for sale by automatic vending machines or mobile canteens of individual servings of food that are prepared by a commissary and packaged before being offered for sale;

(f)sales or offers for sale of individual portions of food that are packaged before being offered for sale and served by a restaurant or other commercial enterprise with meals or snacks;

(g)sales or offers for sale of individually wrapped confections, commonly known as one-bite confections, that are offered for sale or sold individually; and

(h)sales or offers for sale of primary mill paper or primary paperboard products, where

(i)a statement of the net, gross or other quantity of the commodity and of the manner in which the quantity was calculated is shown in a legible manner on the side of the package containing the commodity that is visible to the purchaser under normal or customary conditions of sale or use, or on a shipping bill, bill of lading or other document accompanying the commodity, and

(ii)subject to section 49, the statement of quantity referred to in subparagraph (i) is accurate within the limits of error set out in Column II of an item of the appropriate Part of Schedule II for the stated quantity set out in Column I of that item.

^note

Manner of Showing Statement of Quantity

47 #

A commodity that is sold or offered for sale on the basis of number or measure shall show a statement of quantity

(a)in the case of a commodity, other than a commodity referred to in paragraph 46(h), that is packaged before being offered for sale, on the side of the package containing the commodity that is visible to the purchaser under normal or customary conditions of sale or use; and

(b)in the case of a commodity that is not packaged before being offered for sale, on a part of the commodity itself that is visible to the purchaser under normal or customary conditions of sale or use or on a shipping bill, bill of lading or other document accompanying the commodity.

^note

47.1 #

The statement of quantity for a commodity set out in column I of Schedule II.1 shall consist of at least one statement per parameter set out in column II.^note

48 #

(1)When the statement of quantity is shown on the package or on the commodity itself, the statement shall be shown in a manner easily legible to the purchaser and shall be in letters of not less than 3 mm or 1/8 inch in height if printed or written by hand and in letters of not less than 2 mm or 1/12 inch in height if printed or written by any other means.

(2)When the statement of quantity is shown on a shipping bill, bill of lading or any other document accompanying the commodity, it shall be shown in a manner easily legible to the purchaser.

(3)Where the price of a commodity is determined on the basis of a unit of measurement, that unit of measurement shall be shown on the statement of quantity in a manner at least as prominent as any other unit of measurement shown on the statement of quantity.

Limits of Error for Commodities and Services

49 #

(1)Subject to subsection (2), the prescribed limits of error for the purposes of sections 9 and 33 of the Act are those set out in Column II of an item of the appropriate Part of Schedule II for the stated quantity set out in Column I of that item.

(2)Where a commodity is weighed or measured on a device for which the tolerance is prescribed in section 192, 193 or 268, the limits of error for the commodity shall be one and one-half times the in-service tolerance prescribed for the device.

(3)Where the quantity of a commodity is stated in a unit of measurement that is not set out in column I of the applicable Part of Schedule II, the quantity shall be converted to the appropriate unit set out in column I of that Part and the limit of error set out in column II for that quantity shall apply.

^note

49.1 #

For the purposes of section 34 of the Act, the limit of error applicable to the weight declaration of a commodity used to determine rail transportation charges for the commodity, obtained by in-motion weighing of cars carrying the commodity is one per cent of the declared net weight.^note

Examination

50 #

(1)When an examination is made of an individually measured commodity that is in a liquid state and has its quantity stated in units of volume, the quantity of the commodity shall be determined at the temperature at which it is customarily measured for sale.

(2)When an examination is made of an individually measured commodity that is in a liquid state and has its quantity stated in units of volume at 15°C, the quantity of the commodity shall be determined at a temperature of 15°C.

51 #

(1)When an examination is made of a standard quantity commodity that is in a liquid or near liquid state at a temperature of 20°C and has its quantity stated in units of volume, the quantity of the commodity shall be determined at a temperature of 20°C.

(2)When an examination is made of a standard quantity commodity that is in a frozen state and has its quantity stated in units of volume, the quantity of the commodity shall be determined at the temperature at which it is customarily offered for sale.

Examination by Sample

52 #

(1)The examination of any quantity of prepackaged commodities, referred to as a lot, each unit of which purports to contain the same quantity of commodity, that an inspector undertakes to determine whether the lot meets the requirements of the Act and these Regulations respecting the statement of quantity, shall be made by selecting and examining a sample from the lot.

(2)Subject to subsection (3), where a lot contains the number of units set out in Column I of an item of Part I of Schedule III, an inspector shall select from the lot a number of units not less than the number set out in Column II of that item, and the number of units selected shall constitute the sample referred to in subsection (1).

(3)Where, for the purpose of determining the quantity, other than for establishing the weight of the package containing the commodity, it is necessary to destroy a certain number of units in the lot, an inspector shall select, for destruction, not more than 10 per cent of the total number of units in the lot and not less than one unit, and the number of units selected shall constitute the sample referred to in subsection (1).

(4)The lot from which a sample was taken and examined by an inspector does not meet the requirements of the Act and these Regulations respecting the statement of quantity if the inspector determines that

(a)the weighted average quantity of the units in the sample, as determined by the formula set out in Part II of Schedule III, is less than the stated quantity;

(b)the number of units in the sample that contain less than the stated quantity by more than the prescribed limits of error set out in Schedule II for that quantity is equal to or greater than the number set out in Column II of Part IV of Schedule III for the sample size set out in Column I thereof; or

(c)two or more units in the sample contain less than the stated quantity by more than twice the prescribed limits of error set out in Schedule II for that quantity.

Part III · Local Standards

Interpretation

53 #

In this Part and in Schedule IV,

cylindrical graduated standard means a local standard of volume or capacity that is made of glass or metal, has a cylindrical shape and, if made entirely of glass, bears graduations on the glass or, if made of metal, bears graduations that are adjacent to a glass window in the metal; (étalon cylindrique gradué)

gravimetric prover standard means a local standard consisting of a tank mounted on a weighing machine and used for determining

(a)the mass of a product, or

(b)the volume of a liquid on the basis of the mass registered on the weighing machine and the density of the liquid; (cuve étalon gravimétrique)

hydrometer standard [Repealed, SOR/2005-297, s. 11]

master meter standard means a local standard that registers by mechanical, electrical or electronic means or any combination thereof, in units or multiples or subdivisions of units of volume, the quantity of liquid that passes through the standard during an interval of operation; (compteur étalon-témoin)

narrow neck glass standard [Repealed, SOR/93-234, s. 2]

narrow neck metal standard [Repealed, SOR/93-234, s. 2]

narrow neck standard means a local standard of volume or capacity that has, on or adjacent to the narrow neck of the standard, a mark indicating the volume or capacity of the standard, or that has a machined rim that indicates the volume or capacity of the standard; (étalon à col étroit)

nominal value means

(a)in the case of a local standard of mass or weight, the mass or weight shown on that standard,

(b)in the case of a local standard of length, the length between any two graduations on that standard,

(c)in the case of a narrow neck standard, the volume or capacity shown on that standard,

(d)in the case of a cylindrical graduated standard, the maximum volume or capacity shown on that standard,

(d.1)in the case of a stoppered pycnometer standard, the volume or capacity of the standard when filled and stoppered at reference conditions,

(e)in the case of a master meter standard, gravimetric prover standard, pressure hydrometer standard, standard of temperature or electricity measuring standard, the value shown by that standard for any particular test, and

(f)in the case of a pipe prover standard, the volume of the standard stabilized at a temperature of 15°C and 101.325 kPa internal pressure as shown on the certificate issued for that standard pursuant to section 13 of the Act; (valeur nominale)

pipe prover standard means a local standard consisting of a pipe equipped with a piston or ball in which the volume of liquid displaced when the piston or ball traverses all or any part of the length of the pipe is registered by mechanical, electrical or electronic means or any combination thereof. (tube étalon)

pressure hydrometer standard means a local standard that indicates the density or relative density of a fluid under pressure. (hydromètre étalon à pression)

^note

Tolerances for Local Standards

54 #

(1)Subject to subsection (2), the amount set out in Column II of an item in the appropriate Part of Schedule IV is hereby prescribed to be the tolerance for the purpose of subsection 13(1) of the Act for a local standard that has a nominal value set out in Column I of that item.

(2)If the nominal value of a local standard is not set out in column I of the appropriate Part of Schedule IV, the tolerance for that standard shall be the amount resulting from linear interpolation between the tolerances set out in column II of that Part in respect of the nominal values set out in column I that are nearest to the nominal value of the standard.

(3)The tolerances set out in Parts XI and XII of Schedule IV for the nominal value of cylindrical graduated standards are also the tolerances for any other values that are marked on those standards as intermediate graduations.

(4)For the purposes of subsection 13(1) of the Act, the tolerance for a local standard referred to in subsection 56(2) at any point within the measuring range designated by the owner of the standard for the purpose of use of the standard is two per cent of the value or reading of that point indicated by the reference standard.

55 #

[Repealed, SOR/90-118, s. 16] (repealed)

Calibration and Certification of Local Standards

56 #

(2)Where the tolerance for a local standard is that referred to in subsection 54(4), every local standard described in column I of the table to this subsection shall be calibrated and certified at least once within the period set out in column II.Item | Column I | Column IILocal Standard | Period1 | Any electricity measuring standard not specified in subsection (1) | 1 years2 | Any gas measuring standard not specified in subsection (1) | 2 years

56.1 #

[Repealed, SOR/2005-297, s. 13] (repealed)

Part IV · Fees and Charges

57 #

[Repealed, SOR/79-747, s. 1] (repealed)

58 #

In this Part,

travel time means the time that is spent by an inspector travelling to and returning from the place where a service set out in subsection 59(1) is provided; (temps de déplacement)

waiting time means the time during which an inspector is ready to commence or continue the provision of a service set out in subsection 59(1) but is prevented from so doing because

(a)a device necessary to the provision of the service is being altered or adjusted by another person, or

(b)of actions or omissions affecting the provision of the service which are beyond the control of the inspector. (période d’attente).

^note

58.1 #

The fees and charges under this Part do not apply to services provided by an inspector who is not employed in the federal public administration.^note

59 #

(1)The fees and charges for the following services provided by an inspector shall be determined in accordance with Part I of Schedule V:

(a)examination of a device in accordance with a request referred to in section 15.1 or subsection 21(2) of the Act;

(b)examination of a device for the purposes of paragraph 8(b) of the Act;

(c)calibration of a standard, other than a standard used or intended to be used by an inspector to examine a device, at the request of the owner or person in possession of the standard;

(d)examination of a commodity at the request of the owner or person in possession of the commodity;

(e)provision of any service related to an application for the approval of a device or of a class, type or design of a device referred to in section 14; and

(f)alteration or adjustment of a device with the consent of the owner or person in possession of the device.

(2)Where, in order to provide a service set out in subsection (1), an inspector provides or transports a piece of equipment or a vehicle described in column I of item 1 of Part II of Schedule V, the applicable charges set out in column II of that item shall be paid in addition to the fees and charges set out in Part I of that Schedule.

(3)The charges incurred by an inspector for accommodation, meals, incidental expenses and transportation referred to in Schedule V are determined in accordance with the rates and allowances set out in the “Travel Directive” contained in the Treasury Board Manual that are in effect at the time that the service set out in subsection (1) is provided.

(4)Where the fees and charges set out in Schedule V are calculated on the basis of time, that time includes travel time and waiting time.

^note

60 #

[Repealed, SOR/94-650, s. 2] (repealed)

61 #

[Repealed, SOR/85-736, s. 2] (repealed)

62 #

[Repealed, SOR/93-413, s. 2] (repealed)

63 #

If, in order to perform an examination, an inspector requires any equipment, material or commodity that is not customarily supplied by a Measurement Canada office and that has not been supplied by the dealer or trader for whom the examination is to be performed, the cost of purchasing or renting the necessary equipment, material or commodity and transporting it to and from the place where the examination is to be performed shall be payable in addition to the fee and charge otherwise payable for the examination.^note

Payment of Fees and Charges

64 #

(1)Subject to section 21 of the Act, the fee and charge prescribed by these Regulations for the examination, altering or adjusting of a device shall be paid by the owner of the device or by the person in possession of the device.

(2)Where a commodity is examined pursuant to the Act, the fee and charge prescribed by these Regulations for examining the commodity shall be paid by the person who requests the examination.

Part V · Specifications Relating to Devices

Establishment of Specifications

65 #

(1)Subject to subsection (2), this Part establishes the specifications relating to

(a)the design, composition, construction and performance to which a class, type or design of device described in this Part shall conform before it may be approved for use in trade pursuant to section 3 of the Act; and

(b)the installation and use of any class, type or design of device described in this Part.

(2)This Part does not apply to devices to which the Specifications Relating to Non-automatic Weighing Devices (1998) or the Specifications Relating to Timber Dimension Measuring Devices apply.

Division I — Devices in General

Design, Composition and Construction

66 #

Every device for use in trade shall be of such design, composition and construction as will reasonably ensure its ability to provide satisfactory accuracy throughout its normal life and eliminate means of perpetrating fraud when in use.

Performance

67 #

(1)Every device for use in trade set out in Column I of an item of the table to this subsection shall be of such stability that under all temperatures and other conditions that may normally be encountered in use, and without adjustments other than those specifically provided for use of the device, the device is capable of measuring accurately within applicable in-service limits of error throughout the applicable period set out in Column II of that item. | Column I | Column IIItem | Device | Period1 | Measuring tank having a capacity greater than 450 L or 100 gallons | 5 years2 | Slow-flow meter having a flow rate of 115 L or less per hour or 25 gallons or less per hour | 5 years3 | Any device not described in item 1 or 2 | 2 years

(2)Where a device is tested for performance and a specific value for the known test quantity is not set out in the applicable table to this Part or in specifications established pursuant to subsection 13(1), the acceptance limits of error and in-service limits of error shall be determined by linear interpolation between the lower and higher limits of error nearest to the known test quantity.

^note

Installation and Use

68 #

(1)Every device for use in trade shall be installed, maintained and used so as to permit accurate measurement and eliminate means of perpetrating fraud when in use.

(2)A device referred to in subsection (1) shall not be used to measure any quantity of commodity unless the limit of error set out in Column II of an item of the appropriate Part of Schedule II for the stated quantity set out in Column I of that item is equal to or greater than

(a)the value of the minimum increment of registration of the device if the device has digital means of registration; or

(b)one-half the value of the minimum increment of registration of the device if the device has analogue means of registration only.

^note

69 #

The installation and use of every device for use in trade shall conform to instructions for installation and use issued by the manufacturer or importer, unless there is an apparent contradiction between such instructions and the specifications set out in this Part or established by the Minister, in which case the specifications set out in this Part or established by the Minister shall prevail.

70 #

If the use of a device in any manner or for any purpose is prohibited in either the certificate issued at the time of the most recent examination performed under the Act or in the notice of approval of the device issued under section 3 of the Act or under a previous enactment, the device shall, throughout the period of its use in trade, have closely associated with it or prominently displayed on it a readily legible sign or notice setting out the manner or purpose of use that is prohibited.^note

Division II — Weights

Interpretation

71 #

In this Division, weight means a weight for use in trade.

Design, Composition and Construction

72 #

Weights shall be composed of any metal or metals not softer than brass, except that weights of less than one gram in the metric system or less than 10 grains in the Canadian system shall be composed of corrosion resistant metal.

73 #

Weight reducing holes shall be so made as to prevent the retaining of adjusting lead or foreign matter and the entire surface of weights shall be smooth and reasonably free from grooves or indentations in which foreign matter could accumulate.

74 #

If a weight is equipped with a ring, the ring shall not be removable.

75 #

Cast iron weights shall be painted with at least one coat of suitable waterproof metal sealer or primer, and may be also painted with a finish coat if the resulting aggregate coat is thin and durable.

76 #

When a cast iron weight is painted, it shall be calibrated after it receives the final paint coat.

77 #

All adjusting holes intended to hold lead in a weight shall be undercut or so made as to ensure that the lead is securely held in place and in no case shall the lead project beyond the surface of the weight.

78 #

At the time of an examination for the purposes of paragraph 8(b) or 26(1)(c) of the Act, not more than two adjusting holes shall be provided in a single weight and at every examination there shall be lead in each adjusting hole sufficient to accept an examination mark.^note

79 #

A counterpoise weight the principal section of which is too thin to hold an adjusting hole shall have a boss or lug of a size sufficient to hold the adjusting hole.

80 #

A weight with a cavity for loose adjusting material that is fitted with a screw top or plug shall be provided with a positive means of locking, other than by friction, the top or plug to the body of the weight.

81 #

Weights shall be constructed to represent

(a)multiples or submultiples of the kilogram, gram or milligram having values equal to 1, 2 or 5 × 10ⁿ units, where “n” represents a whole number, whether positive, negative or equal to zero;

(b)multiples or decimal submultiples of the pound or troy ounce;

(c)multiples or binary submultiples of the pound or ounce; or

(d)multiples or decimal submultiples of the grain.

^note

Performance

82 #

When a weight that has a marked weight set out in column I of an item in a table to sections 84 to 88 is tested for acceptance limits of error in relation to a local standard weight, the weight is considered to be within the acceptance limits of error if its actual weight determined by the test

(a)is not less than its marked weight; and

(b)does not exceed its marked weight by an amount in excess of the amount set out in Column II of that item.

^note

83 #

When a weight that has a marked weight set out in column I of an item in a table to sections 84 to 88 is tested for in-service limits of error in relation to a local standard weight, the weight is considered to be within the in-service limits of error if its actual weight determined by the test

(a)is not more than its marked weight by an amount in excess of the amount set out in Column III of that item; and

(b)is not less than its marked weight by an amount in excess of the amount set out in Column IV of that item.

^note

84 #

(1)Subject to subsections (2) and (3) and sections 85 and 87, the limits of error set out in the following table apply to all weights that are multiples or submultiples of the gram, commonly called metric weights: | Column I | Acceptance Limits of Error | In-Service Limits of ErrorColumn II | Column III | Column IVItem | Marked Weight | Over Marked Weight | Over Marked Weight | Under Marked Weight | Milligrams | Milligrams | Milligrams | Milligrams1 | 10 | 0.5 | 0.4 | 0.22 | 20 | 0.6 | 0.6 | 0.33 | 50 | 1 | 1 | 0.54 | 100 | 1.5 | 1.5 | 0.85 | 200 | 2 | 2 | 16 | 500 | 3 | 3 | 1.5 | Grams | | | 7 | 1 | 5 | 5 | 2.58 | 2 | 7 | 7 | 3.59 | 5 | 10 | 10 | 510 | 10 | 15 | 15 | 811 | 20 | 20 | 20 | 1012 | 50 | 30 | 30 | 1513 | 100 | 50 | 50 | 2514 | 200 | 70 | 70 | 3515 | 500 | 100 | 100 | 50 | Kilograms | Grams | Grams | Grams16 | 1 | 0.20 | 0.20 | 0.1017 | 2 | 0.40 | 0.40 | 0.2018 | 5 | 1 | 1 | 0.5019 | 10 | 1.70 | 1.70 | 0.8520 | 20 | 3.50 | 3.50 | 1.8021 | 50 or over | 0.015% of marked weight | 0.015% of marked weight | 0.0075% of marked weight

(2)The limits of error for weights for use in conjunction with equal-arm pan-over-beam scales are twice the limits of error set out in the table to subsection (1).

(3)The limits of error for weights for use as ratio weights where the ratio is in excess of 100:1 are one-half the limits of error set out in the table to subsection (1).

85 #

86 #

(1)Subject to subsections (2) and (3), the limits of error set out in the following table apply to all weights that are in multiples or submultiples of the avoirdupois pound and ounce: | Column I | Acceptance Limits of Error | In-Service Limits of ErrorColumn II | Column III | Column IVItem | Marked Weight | Over Marked Weight | Over Marked Weight | Under Marked Weight | Pounds | Ounces | Grains | Grains | Grains1 | | 1/64 | 0.06 | 0.06 | 0.032 | | 1/32 | 0.08 | 0.08 | 0.043 | | 1/16 | 0.12 | 0.12 | 0.064 | | 1/8 | 0.18 | 0.18 | 0.095 | 0.01 | | 0.20 | 0.20 | 0.106 | | ¼ | 0.24 | 0.24 | 0.127 | 0.02 | | 0.3 | 0.3 | 0.158 | | ½ | 0.4 | 0.4 | 0.209 | 0.05 | | 0.5 | 0.5 | 0.2510 | | 1 | 0.5 | 0.5 | 0.2511 | 0.1 | | 0.7 | 0.7 | 0.3512 | | 2 | 0.8 | 0.8 | 0.4013 | 0.2 | | 1.1 | 1.1 | 0.5514 | | 4 | 1.2 | 1.2 | 0.615 | 0.5 | | 1.8 | 1.8 | 0.916 | 1 | | 2.8 | 2.8 | 1.417 | 2 | | 4.6 | 4.6 | 2.318 | 3 | | 6 | 6 | 319 | 5 | | 8 | 8 | 420 | 10 | | 15 | 15 | 7.521 | 20 | | 25 | 25 | 12.522 | 30 | | 35 | 35 | 17.523 | 50 | | 55 | 55 | 27.524 | 100 | | 105 | 105 | 52.525 | Over 100 | | 0.015% of marked weight | 0.015% of marked weight | 0.0075% of marked weight

(2)The limits of error for weights for use in conjunction with equal-arm pan-over-beam scales are twice the limits of error set out in the table to subsection (1).

(3)The limits of error for weights for use as ratio weights where the ratio is in excess of 100:1 are one-half the limits of error set out in the table to subsection (1).

^note

87 #

The limits of error set out in the following table apply to all weights of 100 grams or over that are in multiples or submultiples of the gram and are for use with a device designed to weigh precious metals and other commodities of comparable value: | Column I | Acceptance Limits of Error | In-Service Limits of ErrorColumn II | Column III | Column IVItem | Marked Weight | Over Marked Weight | Over Marked Weight | Under Marked Weight | Grams | Milligrams | Milligrams | Milligrams1 | 100 | 50 | 50 | 252 | 200 | 75 | 75 | 383 | 500 | 130 | 130 | 65 | Kilograms | | | 4 | 1 | 200 | 200 | 1005 | 2 | 290 | 290 | 1456 | 5 | 420 | 420 | 2107 | 10 | 520 | 520 | 2608 | 20 | 600 | 600 | 3009 | 50 | 680 | 680 | 340^note

88 #

The limits of error set out in the following table apply to all weights that are in multiples of the troy ounce: | Column I | Acceptance Limits of Error | In-Service Limits of ErrorColumn II | Column III | Column IVItem | Marked Weight | Over Marked Weight | Over Marked Weight | Under Marked Weight | Troy Ounces | Grains | Grains | Grains1 | 1 | 0.4 | 0.4 | 0.22 | 2 | 0.6 | 0.6 | 0.33 | 3 | 0.8 | 0.8 | 0.44 | 5 | 1 | 1 | 0.55 | 10 | 1.5 | 1.5 | 0.86 | 20 | 2 | 2 | 17 | 30 | 3 | 3 | 1.58 | 50 | 4 | 4 | 29 | 100 | 6 | 6 | 310 | 200 | 7 | 7 | 3.511 | 300 | 8 | 8 | 412 | 500 | 9 | 9 | 4.513 | 1,000 | 10 | 10 | 10^note

Use of Weights

89 #

A weight shall be used only with a weighing machine with which it is compatible.

90 #

When not in use, a weight that, due to its small size, is not individually marked with an examination mark shall be stored in a container that bears the examination mark.^note

Division III — Static Volumetric Measures

Interpretation

91 #

In this Division, measure means a static volumetric measure for use in trade.

Design, Composition and Construction

92 #

Measures shall be free from ridges or indentations likely to entrap dirt or the commodity measured and shall empty completely when inverted.

93 #

The internal horizontal dimensions of a measure for liquids shall be such that the removal from it of an amount equal to the limit of error in deficiency will lower the liquid level by not less than 2.4 mm or 3/32 inch or, if the measure is transparent, by not less than 1.2 mm or 3/64 inch.^note

94 #

Subject to section 95, a measure that is not transparent shall be so designed that its capacity is established by the brim and when a measure is equipped with a spout, pouring lip or anti-splash protection, not less than one third of the brim of the measure shall be in a plane parallel to the base.

95 #

When a measure is equipped with a lid or cover, the capacity of the measure shall be determined by the bottom of the neck unless a permanent defining line or indicator is provided on the neck.

96 #

Unless otherwise authorized by the Minister, all measures for solids shall be cylindrical, designed to be struck with a roller and be of a diameter that does not differ from either the depth or double the depth by more than five per cent.

97 #

A measure may be composed of any suitable material that

(a)has sufficient strength, rigidity and durability to maintain its form and accuracy and resist indentation, distortion or breakage under ordinary conditions of trade use; and

(b)is impervious to the commodity for which it is intended.

98 #

Unless clearly and permanently marked with the words “Calibrated to Contain” (“calibré pour recevoir”), a measure for liquids shall be of such capacity that, when filled to capacity with water, the indicated volume can be poured out of the measure.

Performance

99 #

When a measure that has an indicated volume set out in Column I of an item in a table to sections 101 to 103 is tested for acceptance limits of error in relation to a relevant local standard, the measure is within the acceptance limits of error if its actual volume determined by the test

(a)is not less than its indicated volume; and

(b)does not exceed its indicated volume by an amount in excess of the amount set out in Column II of that item.

^note

100 #

When a measure that has an indicated volume set out in Column I of an item in a table to sections 101 to 103 is tested for in-service limits of error in relation to a relevant local standard, the measure is within the in-service limits of error if its actual volume determined by the test

(a)does not exceed its indicated volume by an amount in excess of the amount set out in Column III of that item; and

(b)is not less than its indicated volume by an amount in excess of the amount set out in Column IV of that item.

^note

101 #

(1)Subject to subsection (3), the limits of error set out in the following table apply to all measures used for measuring liquids or solids in metric units of volume or capacity: | Column I | Acceptance Limits of Error | In-Service Limits of ErrorColumn II | Column III | Column IVItem | Indicated Volume | Over Indicated Volume | Over Indicated Volume | Under Indicated Volume | Litres | Millilitres | Millilitres | Millilitres1 | 0.001 | 0.05 | 0.05 | 0.0252 | 0.002 | 0.10 | 0.10 | 0.0503 | 0.005 | 0.25 | 0.25 | 0.1254 | 0.01 | 0.40 | 0.40 | 0.205 | 0.02 | 0.80 | 0.80 | 0.406 | 0.05 | 2 | 2 | 17 | 0.10 | 3 | 3 | 1.508 | 0.20 | 5 | 5 | 2.509 | 0.50 | 10 | 10 | 510 | 1 | 15 | 15 | 7.5011 | 2 | 30 | 30 | 1512 | 5 | 50 | 50 | 2513 | 10 | 75 | 75 | 37.5014 | 20 | 100 | 100 | 5015 | 50 | 200 | 200 | 100

(2)The limits of error in the table to subsection (1) apply to tests made on a “to deliver” basis with water at room temperature.

(3)The limits of error for measures used with grain testing scales are one-half the limits of error set out in the table to subsection (1).

^note

102 #

(1)The limits of error set out in the following table apply to all measures used for measuring liquids in Canadian units of volume or capacity: | Column I | Acceptance Limits of Error | In-Service Limits of ErrorColumn II | Column III | Column IVItem | Indicated Volume | Over Indicated Volume | Over Indicated Volume | Under Indicated Volume | Gills | Fluid Ounces | Fluid Ounces | Fluid Ounces1 | ¼ | 1/16 | 1/16 | 1/322 | ½ | 1/8 | 1/8 | 1/163 | 1 | ¼ | ¼ | 1/8 | Pints | | | 4 | ½ | 3/8 | 3/8 | 3/165 | 1 | ½ | ½ | ¼ | Quarts | | | 6 | 1 | ¾ | ¾ | 3/87 | 2 | 1 | 1 | ½ | Gallons | | | 8 | 1 | 1½ | 1½ | ¾9 | 2 | 1¾ | 1¾ | 7/810 | 3 | 2 | 2 | 111 | 5 | 3 | 3 | 1½12 | 10 | 5 | 5 | 2½

(2)The limits of error in the table to subsection (1) apply to tests made on a “to deliver” basis with water at room temperature.

^note

103 #

(1)Subject to subsection (3), the limits of error set out in the following table apply to all measures used for measuring solids in Canadian units of volume or capacity: | Column I | Acceptance Limits of Error | In-Service Limits of ErrorColumn II | Column III | Column IVItem | Indicated Volume | Over Indicated Volume | Over Indicated Volume | Under Indicated Volume | Pints | Fluid Ounces | Fluid Ounces | Fluid Ounces1 | ½ | ½ | ½ | ¼2 | 1 | ¾ | ¾ | 3/8 | Quarts | | | 3 | 1 | 1¼ | 1¼ | 5/84 | 2 | 2 | 2 | 1 | Gallons | | | 5 | 1 | 3½ | 3½ | 1¾6 | 2 | 5 | 5 | 2½ | Bushel | | | 7 | ½ | 10 | 10 | 58 | 1 | 15 | 15 | 7½

(2)The limits of error in the table to subsection (1) apply to tests made on a “to deliver” basis with water at room temperature.

(3)The limits of error for measures used with grain testing scales are ¼ the limits of error set out in the table to subsection (1).

Use of Measures

104 #

A measure shall rest on a level surface when the correctness of filling is being determined by the user.

105 #

Measures shall be used in a manner that will prevent dents or other damage thereto that would cause a change in capacity.

106 #

Measures for liquids shall be permitted to drain for sufficient time to ensure that the liquid delivered is not less than the indicated volume by more than the limits of error set out in Column IV of the tables to sections 101 to 103.^note