Law:Weights and Measures Act

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R.s.c., 1985, c. W-6

An Act respecting weights and measures


Contents

Short Title

Short title

1. This Act may be cited as the Weights and Measures Act.

1970-71-72, c. 36, s. 1.


Interpretation

Definitions

2. In this Act,

“dealer”

« fournisseur »

“dealer” means any person who in the course of that person’s business sells, consigns, imports, leases or lends devices;

“device”

« instrument »

“device” means any weight, weighing machine, static measure or measuring machine and includes any equipment and accessories attached to or used in conjunction with the device that have or can have an effect on the accuracy of the device;

“inspector”

« inspecteur »

“inspector” means a person designated as an inspector pursuant to the Department of Industry Act for the purpose of the enforcement of this Act;

“local standard”

« étalon local »

“local standard” means any standard designated by the Minister under section 13;

“measure”

« mesure » et « mesurer »

“measure”, when used as a verb, includes weigh and, when used as a noun, includes weight;

“measuring machine”

« appareil de mesure »

“measuring machine” means any machine that measures length, area, volume or capacity, temperature or time and has a moving or movable part that has or can have an effect on the accuracy of the machine;

“Minister”

« ministre »

“Minister” means the Minister of Industry;

“prescribed”

Version anglaise seulement“prescribed” means prescribed by the regulations;

“reference standard”

« étalon de référence »

“reference standard” means a standard that

(a) represents or registers a unit of measurement referred to in Schedule I or II or that represents or registers a multiple or fraction of such a unit of measurement,

(b) has been calibrated and certified by the National Research Council of Canada, and

class=(c) is or is to be used as a standard for the purpose of determining the accuracy of a local standard;

“static measure”

« mesure matérialisée »

“static measure” means any measure that measures length, volume or capacity and does not have a moving or movable part that has or can have an effect on the accuracy of the measure;

“trade”

« commerce »

“trade” means the selling, purchasing, exchanging, consigning, leasing or providing of any commodity, right, facility or service on the basis of measure and includes the business of providing facilities for measuring;

“trader”

« commerçant »

“trader” means any person who trades in the course of business;

“weighing machine”

« appareil de pesage »

“weighing machine” means any machine that measures mass or weight and has a moving or movable part that has or can have an effect on the accuracy of the machine.

R.S., 1985, c. W-6, s. 2; 1992, c. 1, s. 145(F); 1995, c. 1, ss. 62, 63.


Approval Of Devices By The Minister

Approval of devices

3. (1) The Minister shall, in accordance with the regulations, approve devices or classes, types or designs of devices for use in trade.

Temporary approval

(2) The Minister may, in any period during which a device or class, type or design of device is being evaluated for approval for use in trade under subsection (1), approve that device or class, type or design of device for use in trade on a temporary basis for such period and under such terms and conditions as the Minister may specify.

1970-71-72, c. 36, s. 3; 1976-77, c. 28, s. 46.


Units Of Measurement

Basis for units of measurement

4. (1) All units of measurement used in Canada shall be determined on the basis of the International System of Units established by the General Conference of Weights and Measures.

Basic, supplementary and derived units

(2) The basic, supplementary and derived units of measurement for use in Canada and the symbols therefor are as set out and defined in Parts I, II and III of Schedule I, respectively.

Customary units

(3) In addition to the units of measurement otherwise referred to in this section, the customary units of measurement and the symbols therefor as set out and defined in Part IV of Schedule I may be used in Canada, which units of measurement are commonly used with the International System of Units.

Multiples and submultiples of units

(4) The prefixes for multiples and submultiples of the units of measurement referred to in subsection (2) and the symbols therefor are as set out and defined in Part V of Schedule I.

Canadian units

(5) The Canadian units of measurement are as set out and defined in Schedule II, and the symbols and abbreviations therefor are as added pursuant to subparagraph 6(1)(b)(ii).

1970-71-72, c. 36, s. 4.

Seigneurial tenure

5. Notwithstanding section 7, the units of measurement set out and defined in Schedule III may be used to describe land in the Province of Quebec that was originally granted under seigneurial tenure.

1970-71-72, c. 36, s. 5.

Amendments to Schedules I and II

6. (1) The Governor in Council may by order

(a) amend Schedule I by adding to or deleting from Part I, II, III, IV or V thereof any basic, supplementary, derived or customary unit of measurement or any prefix therefor, together with its symbol and definition; or

(b) amend Schedule II

(i) by adding thereto or deleting therefrom any Canadian unit of measurement, together with its definition,

(ii) by adding thereto a symbol or an abbreviation for any Canadian unit of measurement, or

(iii) by deleting therefrom any symbol or abbreviation referred to in subparagraph (ii).

Limitation of power to amend Schedule II

(2) Notwithstanding subsection (1), the Governor in Council may not amend Schedule II in such a manner that the ratio of any one unit of measurement to any other unit of measurement is altered.

1970-71-72, c. 36, s. 6; 1976-77, c. 55, s. 9.


Use Of Units Of Measurement

Use of units of measurement

7. No person shall, in trade, use or provide for the use of a unit of measurement unless

(a) that unit of measurement is set out and defined in Schedule I or II; or

(b) the use of that unit of measurement is authorized by the regulations.

1970-71-72, c. 36, s. 7.


Use Of Devices

Use of devices

8. No trader shall use, or have in his possession for use, in trade, any device unless

(a) that device or class, type or design of device has been approved for use in trade pursuant to section 3; and

(b) that device, in the case of a device other than a static measure, has been inspected by an inspector who has certified that the device meets the requirements of this Act and the regulations.

1970-71-72, c. 36, s. 8; 1976-77, c. 28, s. 46.


Marking Of Commodities

Marking commodities for sale

9. (1) No trader shall sell, offer for sale or have in his possession for sale any commodity the quantity of which has been determined on the basis of number or measure, unless the quantity of the commodity is stated accurately within prescribed limits of error and in the manner prescribed in terms of number or units of measurement of length, area, volume or capacity, or mass or weight

(a) on the commodity,

(b) on the package containing the commodity, or

(c) on a shipping bill, bill of lading or other document accompanying the commodity,

as may be prescribed.

Application

(2) Subsection (1) does not apply with respect to any commodity that has been packaged, on the basis of number or measure, or labelled, in terms of number or a unit of measurement, as required or authorized by or under any other Act of Parliament.

1970-71-72, c. 36, s. 9; 1976-77, c. 28, s. 46.


Regulations

Regulations

10. (1) The Governor in Council may make regulations

(a) prescribing the manner in which a person may apply to have any device or any class, type or design of device approved for use in trade;

(b) prescribing a date beyond which a class, type or design of device shall not be approved for use in trade unless it is capable of weighing or measuring in terms of units of measurement set out and defined in Schedule I;

(c) establishing temperature scales and prescribing the purposes for which those scales may be used in Canada;

(d) respecting the manner in which inspectors shall carry out their duties under this Act;

(e) prescribing the manner in which an inspector shall determine whether any lot, shipment, proposed shipment or identifiable quantity of any commodity meets the requirements of this Act and the regulations;

(f) prescribing the circumstances in which an inspection shall be required where an adjustment, alteration or repair is made to a device;

(g) prescribing the circumstances and the manner in which a trader shall report the location of any device that is owned by the trader or held in the trader’s possession for use in trade;

(h) requiring any person to report, and specifying the manner in which a report shall be made of, the removal of any marking or tag or the breaking of any seal placed on or attached to a device by an inspector or any person who has adjusted, altered or repaired that device and the nature of any adjustment, alteration or repair made to a device;

(i) establishing or providing for the establishment of specifications relating to design, composition, construction and performance to which any device or class, type or design of device shall conform before it may be approved for use in trade and specifications relating to the installation and use of any device or class, type or design of device;

(j) prescribing, in respect of any or all categories of trade and in respect of any or all class or classes of persons carrying on business therein, in any geographical areas of Canada, a date beyond which a class, type or design of device shall not be used in trade unless it is capable of weighing or measuring in terms of units of measurement set out and defined in Schedule I;

(k) respecting the detention of devices, commodities and other things seized and detained under section 39;

(l) respecting the disposition of devices, commodities and other things forfeited under section 41;

(m) authorizing for any particular purpose the use of a unit of measurement that is not otherwise authorized under this Act;

(n) prescribing, in respect of any or all categories of trade in any geographical areas of Canada, the units or multiples or subdivisions of units of measurement that shall be used for offering, advertising or displaying commodities for retail trade in terms of price per unit of measurement;

(o) prescribing, in respect of any or all categories of trade and in respect of any or all class or classes of persons carrying on business therein, in any geographical areas of Canada, a date beyond which units of measurement set out and defined in Schedule II shall not be used in trade;

(p) respecting the form of any receipts, certificates, statements, tags, seals or documents that may be used under this Act;

(q) prescribing the fees tha shall be paid by any person for any inspection or other service provided by an inspector under this Act;

(r) determining the nature of any charges that a person may be required to pay in relation to any inspection or other service provided by an inspector under this Act and the manner in which those charges shall be determined;

(s) prescribing the time when or the period of time within which, and the manner in which any fees or charges shall be paid;

(t) requiring any person who sells or offers for sale any liquid commodity by means of a coin-operated machine to state on the machine the owner’s name and address, the identification number of the machine and the quantity of the commodity being sold or offered for sale in terms of a unit of measurement of volume or capacity together with the price demanded for that quantity and prescribing the form and manner in which such information shall be stated;

(u) exempting, conditionally or unconditionally, any device or class, type or design of device or any class or type of trade transaction from any or all of the provisions of this Act; and

(v) prescribing any matter or thing that by this Act may be prescribed.

Publication of proposed regulations

(2) Subject to subsection (3), the Minister shall publish in the Canada Gazette a copy of each regulation that the Governor in Council proposes to make under paragraphs (1)(b), (j), (n) and (o) and a reasonable opportunity shall be afforded to interested persons to make representations with respect thereto.

Exception

(3) The Minister is not required to publish a proposed regulation if it has been published pursuant to subsection (2) whether or not it has been amended as a result of representations made by interested persons as provided in that subsection.

R.S., 1985, c. W-6, s. 10; 1993, c. 34, s. 136(F).


Reference And Local Standards

Reference standards

11. (1) The reference standards for use in Canada are those described in Schedule IV.

Additions to and deletions from Schedule IV

(2) The Governor in Council may by order amend Schedule IV

(a) by adding thereto any standard that is to be used as a reference standard; or

(b) by deleting therefrom any reference standard.

1970-71-72, c. 36, s. 11.

Calibration and certification of standards

12. (1) The reference standards and other standards of measurement that are retained under the authority of the Minister for the purpose of determining the accuracy of local standards or of standards that are used by inspectors under the Electricity and Gas Inspection Act shall, at the request of the Minister, be calibrated and certified by the National Research Council of Canada in terms of the units of measurement set out and defined in Schedule I or II.

Idem

(2) The National Research Council of Canada may request the Minister to forward to the Council for calibration and certification any standards referred to in subsection (1).

R.S., 1985, c. W-6, s. 12; R.S., 1985, c. 4 (1st Supp.), s. 1.

Designation of local standards

13. (1) The Minister may designate as a local standard any standard that has been calibrated and certified in relation to a reference standard as accurate within prescribed tolerances.

Calibration and certification of local standards

(2) Every local standard shall be calibrated and certified within such periods of time as may be prescribed.

1970-71-72, c. 36, s. 13.

Replacement or restoration of standards

14. If a local standard that is owned by Her Majesty in right of Canada or a reference standard is lost, destroyed, defaced or damaged, the Minister shall take such action as may be necessary to replace or restore the standard.

R.S., 1985, c. W-6, s. 14; 2001, c. 34, s. 82.


Inspection Of Devices

Inspection at prescribed intervals

15. (1) An inspector shall at such times or within such periods of time as may be prescribed inspect every device that is used, or held in possession for use, in trade.

Inspection on request

(2) In addition to any inspection referred to in subsection (1), an inspector may inspect any device at the request of the owner or person in possession thereof or at the request of the trader or other person referred to in section 21.

1970-71-72, c. 36, s. 15.

Alterations and adjustments to devices

16. When an inspector inspects a device, the inspector may, with the consent of the owner or person in possession thereof, make such adjustments or alterations to that device as may be prescribed.

1970-71-72, c. 36, s. 16.

Powers of entry to inspect

17. (1) Subject to subsection (1.1), an inspector may at any reasonable time

(a) enter the premises of a trader or any other place in which the inspector believes on reasonable grounds there is

(i) a device that is or is to be used in trade,

(ii) a commodity that has been or is being packaged or marked on the basis of measure for sale, or

(iii) a commodity, owned by a trader, that is for sale and has been packaged or marked on the basis of measure;

(b) inspect any device, commodity or packaging and labelling material found in that place; and

(c) examine any documents or papers, including books, reports, records, shipping bills and bills of lading, or any data entered or recorded by any system of mechanical or electronic data processing or by any other information storage device that the inspector believes on reasonable grounds contain any information relevant to the enforcement of this Act and make copies thereof or extracts therefrom.

Warrant required to enter dwelling-house

(1.1) Where any premises or other place referred to in paragraph (1)(a) is a dwelling-house, an inspector may not enter that dwelling-house without the consent of the occupant except under the authority of a warrant issued under subsection (1.2).

Authority to issue warrant

(1.2) Where on ex parte application a justice of the peace is satisfied by information on oath

(a) that a condition for entry described in paragraph (1)(a) exists in relation to a dwelling-house,

(b) that entry to the dwelling-house is necessary for any purpose relating to the administration or enforcement of this Act, and

(c) that entry to the dwelling-house has been refused or that there are reasonable grounds for believing that entry thereto will be refused,

the justice of the peace may issue a warrant under his hand authorizing the inspector named therein to enter that dwelling-house subject to such conditions as may be specified in the warrant.

Use of force

(1.3) In executing a warrant issued under subsection (1.2), the inspector named therein shall not use force unless the inspector is accompanied by a peace officer and the use of force has been specifically authorized in the warrant.

Certificate to be produced

(2) The Minister shall furnish every inspector with a certificate of his designation as an inspector and on entering any place described in subsection (1) an inspector shall, if so required, produce the certificate to the person in charge of that place.

Assistance to inspectors

(3) The owner or the person in charge of a place entered by an inspector pursuant to subsection (1) and every person employed therein shall give the inspector all reasonable assistance to enable the inspector to carry out his duties and functions under this Act and shall furnish the inspector with such information with respect to the administration of this Act and the regulations as he may reasonably require.

R.S., 1985, c. W-6, s. 17; R.S., 1985, c. 31 (1st Supp.), s. 26.

Power to detain and inspect conveyances

18. A member of the Royal Canadian Mounted Police or of any provincial or municipal police force may, at the request and in the company of an inspector, stop and detain any motor vehicle or other conveyance that the inspector believes on reasonable grounds is equipped with a device that is used or designed to be used in trade and the inspector may

(a) where necessary for the purposes of making an inspection, require the operator of that conveyance to proceed with the conveyance to an appropriate place where an inspection may be made;

(b) inspect any such device found in or on that conveyance; and

(c) examine all certificates, shipping bills, bills of lading and other documents relating to any such device.

1970-71-72, c. 36, s. 18.

Certificate of inspection

19. (1) Where an inspector inspects a device, the inspector shall issue to the owner or person in possession of the device,

(a) in the case of a device that is or is to be used in trade, a certificate showing whether the device meets the requirements of this Act and the regulations; and

(b) in the case of a device other than a device described in paragraph (a), a statement showing the results of the inspection.

Marking of devices

(2) Where an inspector determines that a device referred to in paragraph (1)(a) meets the requirements of this Act and the regulations, the inspector shall mark the device as prescribed and attach such seals, if any, as may be prescribed to prevent the making of adjustments to the device.

Idem

(3) Where an inspector determines that a device referred to in paragraph (1)(a) does not meet the requirements of this Act and the regulations, the inspector shall, in the manner and circumstances prescribed, attach to the device such tags and seals as may be prescribed to prevent the use of that device.

1970-71-72, c. 36, s. 19.


Inspection Fees And Charges

Payment of fees and charges

20. (1) The fees and charges payable by a person in respect of any inspection or other service performed by an inspector under this Act shall, subject to the regulations, be paid to that inspector at the time the service is performed.

Fees recoverable

(2) All fees and charges payable under this Act may be recovered as a debt due to the Crown.

1970-71-72, c. 36, s. 20.

Payment of fees where dispute

21. Where a dispute arises between a trader and any other person with respect to the accuracy of a device that is used by the trader in trade and an inspector makes an inspection of the device at the request of the trader or other person, the fee for the inspection shall be paid

(a) by the trader, where the device does not meet the requirements of this Act and the regulations; and

(b) by the other person, where the device meets the requirements of this Act and the regulations.

1970-71-72, c. 36, s. 21.

22. (Repealed, R.S., 1985, c. 31 (1st Supp.), s. 106)


Offences And Punishment

Prohibited use of devices

23. Every trader is guilty of an offence who uses a device in trade for any purpose or in any manner that is prohibited

(a) in the certificate of inspection issued at the time of the most recent inspection made under this Act; or

(b) in the approval of that device pursuant to section 3.

1970-71-72, c. 36, s. 23.

Non-compliance with regulations by trader

24. Every trader is guilty of an offence who uses, or has in his possession for use, in trade, any device that

(a) is not installed in accordance with the requirements of the regulations; or

(b) does not measure units of measurement within the limits of error prescribed.

1970-71-72, c. 36, s. 24.

Marking or certifying without inspection

25. Every inspector is guilty of an offence who

(a) marks a device to indicate that it has been inspected by the inspector without making an inspection of that device;

(b) issues a certificate that shows whether a device meets the requirements of this Act and the regulations without making an inspection of that device and, if the inspector certifies that the device meets those requirements, without determining its accuracy in relation to a relevant local standard; or

(c) issues a statement purporting to show the results of an inspection of a device without making an inspection of that device.

1970-71-72, c. 36, s. 25; 1980-81-82-83, c. 47, s. 50.

Unlawful disposition of devices

26. (1) Every dealer is guilty of an offence who sells, leases or otherwise disposes of any device that

(a) has not been marked as prescribed;

(b) in the case of a static measure, is not of a class, type or design that has been approved for use in trade pursuant to section 3; or

(c) in the case of a device other than a static measure, has not been inspected in the manner and circumstances prescribed.

Importation of devices

(2) Every dealer or trader who in the course of the business of that dealer or trader imports into Canada any device, other than a static measure, without notifying the Minister as prescribed is guilty of an offence.

1970-71-72, c. 36, s. 26.

Alteration, adjustment and replacement of odometers

27. (1) Every person is guilty of an offence who

(a) alters or adjusts the odometer of a motor vehicle in such a manner that as a result of the alteration or adjustment the total distance indicated on the odometer is other than the total distance travelled by that vehicle; or

(b) replaces the odometer of a motor vehicle without setting the replacement odometer to the total distance travelled by the vehicle.

Idem

(2) No person shall be convicted of an offence

(a) under paragraph (1)(a) if that person establishes that

(i) the alteration or adjustment was reasonably necessary for the purpose of making repairs to the odometer or to any other part of the motor vehicle related thereto, and

(ii) it was reasonably impracticable to re-set the odometer to the total distance indicated thereon prior to the alteration or adjustment; or

(b) under paragraph (1)(b) if that person establishes that

(i) the replacement was reasonably necessary because the odometer was defective, and

(ii) it was reasonably impracticable to set the replacement odometer to the total distance indicated on the odometer that was replaced.

R.S., 1985, c. W-6, s. 27; R.S., 1985, c. 27 (1st Supp.), s. 202.

Ticket-printing devices

28. Every person who, in trade, uses or has control of a device that indicates by number or unit of measurement the quantity of a commodity being measured for sale by means of a removable ticket, card or similar record is guilty of an offence if that person allows the ticket, card or similar record to remain in that device at any time other than the time at which the quantity of the commodity is being measured.

1970-71-72, c. 36, s. 28.

Alterations, adjustments and repairs of devices

29. Every person is guilty of an offence who

(a) repairs a device that that person has received from a trader and allows that device to leave his possession

(i) before it has been inspected and marked in accordance with this Act and the regulations, or

(ii) before that person has given written notice to an inspector in the form and manner prescribed;

(b) in such manner or in such circumstances as may be prescribed, alters, adjusts or repairs a device that that person knows or might reasonably be expected to know is or is to be used in trade and does not report the alteration, adjustment or repair in the manner prescribed; or

(c) alters any device that is or is to be used in trade in such a manner that it ceases to meet the requirements of this Act and the regulations.

1970-71-72, c. 36, s. 29.

Removing or breaking marks and seals

30. (1) Subject to subsection (2), every person who removes any marking or tag or wilfully breaks any seal that has been placed on or attached to a device that is or is to be used in trade is guilty of an offence if that marking, tag or seal has been placed on or attached to the device by an inspector or by any person who has altered, adjusted or repaired that device.

Where removal or breaking is not an offence

(2) No person is guilty of an offence under subsection (1) if that person

(a) removes any marking or tag or breaks any seal referred to in that subsection for the purpose of altering, adjusting or repairing a device; and

(b) reports, in the manner prescribed, the removal of the marking or tag or the breaking of the seal.

1970-71-72, c. 36, s. 30.

Obstructing inspector

31. (1) Every person who obstructs or hinders an inspector in carrying out the duties and functions of the inspector under this Act is guilty of an offence.

Misleading statements

(2) Every person who knowingly makes any false or misleading statement, either orally or in writing, to an inspector who is engaged in carrying out the duties and functions of the inspector under this Act is guilty of an offence.

Interference with seized devices or commodities

(3) Every person who, without the permission of an inspector, removes, alters or interferes in any way with any device, commodity or other thing seized and detained by an inspector under section 39 is guilty of an offence.

1970-71-72, c. 36, s. 31.

Failure to stop conveyance or proceed as directed

32. Every operator of a motor vehicle or other conveyance is guilty of an offence if the operator wilfully fails

(a) to bring the conveyance to a stop in accordance with any order or direction given pursuant to section 18 by a member of the Royal Canadian Mounted Police or of any provincial or municipal police force; or

(b) to proceed with the conveyance, in accordance with any order or direction given pursuant to section 18 by an inspector, to an appropriate place where an inspection may be made by an inspector.

1970-71-72, c. 36, s. 32.

Short measure on sale

33. (1) Every person who sells or offers for sale any commodity, by number or unit of measurement, is guilty of an offence if the quantity of the commodity that that person delivers or offers for sale is, subject to prescribed limits of error, less than the quantity that that person

(a) purports to sell or offer for sale; or

(b) should deliver or offer for sale on the basis of

(i) the total price paid or to be paid for the commodity, and

(ii) the stated price per number or unit of measurement.

Over measure on purchase

(2) Every person who determines or exercises control over the determination of the quantity of a commodity that that person purchases or offers to purchase by number or unit of measurement is guilty of an offence if the quantity of the commodity that that person receives or offers to purchase is, subject to prescribed limits of error, greater than the quantity that that person

(a) purports to purchase or offer to purchase; or

(b) should receive or offer to purchase on the basis of

(i) the total price paid or offered to be paid for the commodity, and

(ii) the stated price per number or unit of measurement.

Application of subsection (1)

(3) Subsection (1) does not apply with respect to any commodity that is packaged on the basis of measure or labelled in terms of a unit of measurement as required or authorized by or under any other Act of Parliament.

1970-71-72, c. 36, s. 33; 1980-81-82-83, c. 47, s. 53.

Short service

34. (1) Every person who provides a service on the basis of any unit of measurement or the use of a facility on the basis of a unit of measurement of time is guilty of an offence if the amount of service that that person provides or the time for which that person provides the use of the facility is, subject to prescribed limits of error, less than

(a) the amount of service that that person purports to provide or the time for which that person purports to provide the use of the facility; or

(b) the amount of service that that person should provide or the time for which that person should provide the use of the facility on the basis of

(i) the total price charged or demanded for the service or the use of the facility, and

(ii) the stated price per unit of measurement.

Over measure re service

(2) Every person who determines or exercises control over the determination of the amount of a service that that person receives on the basis of any unit of measurement or the time for which that person receives the use of a facility on the basis of a unit of measurement of time is guilty of an offence if the amount of service that that person receives or the time for which that person receives the use of the facility is, subject to prescribed limits of error, greater than

(a) the amount of service that that person purports to receive or the time for which that person purports to receive the use of the facility; or

(b) the amount of service that that person should receive or the time for which that person should receive the use of the facility on the basis of

(i) the total price paid or offered to be paid for the service or the use of the facility, and

(ii) the stated price per unit of measurement.

1970-71-72, c. 36, s. 34; 1980-81-82-83, c. 47, s. 50.

Punishment, sections 23 to 34

35. (1) Every person who is guilty of an offence under any of the provisions of sections 23 to 34 is liable

(a) on summary conviction, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months or to both; and

(b) on conviction on indictment, to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding two years or to both.

Punishment for general offence

(2) Every person who contravenes any provision of this Act or the regulations, for the contravention of which no punishment is elsewhere provided in this Act, is guilty of an offence and liable on summary conviction to a fine not exceeding one thousand dollars.

Officers, etc., of corporations

(3) Where a corporation commits an offence under this Act, any officer, director or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence whether or not the corporation has been prosecuted or convicted.

1970-71-72, c. 36, s. 35.


Evidence

Deemed possession for use in trade

36. Where a trader has in his possession any device that is not marked as prescribed to show that it is not for use in trade, the trader shall, in the absence of evidence to the contrary, be deemed to have that device in his possession for use in trade.

1970-71-72, c. 36, s. 36.

Offence by employee or agent

37. (1) In any prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused whether or not the employee or agent is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without the knowledge or consent of the accused and that the accused exercised all due diligence to prevent its commission.

Venue

(2) A complaint or information in respect of an offence under this Act may be heard, tried or determined by a court if the accused is resident or carrying on business within the territorial jurisdiction of that court although the matter of the complaint or information did not arise in that territorial jurisdiction.

1970-71-72, c. 36, s. 37.

Certificates of Minister

38. (1) In any prosecution for an offence under this Act or the Consumer Packaging and Labelling Act, a certificate relating to a local standard and purporting to have been signed by the Minister or any person authorized by the Minister to sign on the Minister’s behalf is evidence of the matters stated therein relating to the accuracy of that standard without proof of the signature or official character of the person appearing to have signed the certificate.

Certificates of inspectors

(2) In any prosecution for an offence under this Act, a certificate purporting to have been issued by an inspector pursuant to subsection 19(1) and to have been signed by the inspector who made the inspection is evidence of the matters stated therein relating to the inspection without proof of the signature or official character of the person appearing to have signed the certificate.

Attendance of inspector

(3) The party against whom a certificate of an inspector is produced pursuant to subsection (2) may, with leave of the court, require the attendance of the inspector for the purposes of cross-examination.

Notice

(4) No certificate shall be admitted in evidence pursuant to subsection (2) unless the party intending to produce it has given to the party against whom it is intended to be produced reasonable notice of such intention together with a copy of the certificate.

1970-71-72, c. 36, s. 38; 1976-77, c. 28, s. 46.


Seizure And Detention

Seizure

39. (1) Where an inspector believes on reasonable grounds that any provision of this Act or the regulations has been contravened, the inspector may seize and detain any device, commodity or packaging and labelling material by means of or in relation to which the inspector believes on reasonable grounds the contravention occurred.

Examination and samples of seized articles

(2) Where an inspector has seized and detained any device, commodity or other thing pursuant to subsection (1), the inspector shall, at the request of the person from whom the device, commodity or other thing was seized, allow that person or any person authorized by that person to examine the device, commodity or other thing so seized and, where practicable, furnish that person with a sample thereof.

Detention

(3) Any device, commodity or other thing seized pursuant to subsection (1) shall not be detained

(a) after the provisions of this Act or any regulations that are applicable to the device, commodity or other thing have, in the opinion of an inspector, been complied with; or

(b) after the expiration of sixty days from the day of seizure, unless before that time

(i) the device, commodity or other thing has been forfeited pursuant to section 41,

(ii) proceedings have been instituted in respect of the contravention in relation to which the device, commodity or other thing was seized, in which event the device, commodity or other thing may be detained until the proceedings are finally concluded, or

(iii) notice of an application for an order extending the time during which the device, commodity or other thing may be detained has been served in accordance with section 40.

Storing of seized articles

(4) A device, commodity or other thing seized by an inspector pursuant to subsection (1) may, at the option of an inspector, be kept or stored in the building or place where it was seized or may be removed to any other proper place by or at the direction of an inspector.

1970-71-72, c. 36, s. 39.

Application to extend period of detention

40. (1) Where proceedings have not been instituted in respect of the contravention in relation to which any device, commodity or other thing was seized and detained pursuant to subsection 39(1), the Minister may, before the expiration of sixty days after seizure and on the serving of prior notice in accordance with subsection (2) on the owner of the device, commodity or other thing or on the person in whose possession the device, commodity or other thing was at the time of seizure, apply to a provincial court judge within whose territorial jurisdiction the seizure was made for an order extending the time during which the device, commodity or other thing may be detained.

Notice

(2) The notice referred to in subsection (1) shall be served by personal service at least five clear days prior to the day on which the application is to be made to the provincial court judge or by registered mail at least seven clear days prior to that day and shall specify

(a) the provincial court judge to whom the application is to be made;

(b) the place where and the time when the application is to be heard, which time shall be not later than ten days after service of the notice;

(c) the device, commodity or other thing in respect of which the application is to be made; and

(d) the evidence on which the Minister intends to rely to show why the time during which the device, commodity or other thing may be detained should be extended.

Order of extension granted

(3) Where, on the hearing of an application made under subsection (1), the provincial court judge is satisfied that the device, commodity or other thing seized should continue to be detained, the provincial court judge shall order that the device, commodity or other thing be detained for such additional period of time as the provincial court judge deems proper and that on the expiration of that period of time the device, commodity or other thing be restored to the person from whom it was seized or to any other person entitled to possession thereof unless before the expiration of that period of time subparagraph 39(3)(b)(i) or (ii) applies.

Order of extension refused

(4) Where, on the hearing of an application made under subsection (1), the provincial court judge is not satisfied that the device, commodity or other thing seized should continue to be detained, the provincial court judge shall order that the device, commodity or other thing be restored to the person from whom it was seized or to any other person entitled to possession thereof

(a) on the expiration of sixty days after the day of seizure, unless, before the expiration of those sixty days, subparagraph 39(3)(b)(i) or (ii) applies; or

(b) forthwith, if, at the time of the hearing, the period of sixty days after the day of seizure has expired.

R.S., 1985, c. W-6, s. 40; R.S., 1985, c. 27 (1st Supp.), s. 203.


Forfeiture

Forfeiture on consent

41. (1) Where an inspector has seized any device, commodity or other thing pursuant to subsection 39(1) and the owner thereof or the person in lawful possession thereof at the time of seizure consents in writing to the forfeiture of the device, commodity or other thing, the device, commodity or other thing is forfeited to Her Majesty.

Forfeiture by order of court

(2) Where a person is convicted of an offence under this Act and any device, commodity or other thing seized pursuant to subsection 39(1) by means of or in relation to which the offence was committed is then being detained, the device, commodity or other thing

(a) is, on the conviction, in addition to any punishment imposed for the offence, forfeited to Her Majesty if the forfeiture is directed by the court; or

(b) shall, on the expiration of the time for taking an appeal from the conviction or on the final conclusion of the proceedings, as the case may be, be restored to the person from whom it was seized or to any other person entitled to possession thereof on such conditions, if any, relating to sale or advertising as may be imposed by order of the court and as, in the opinion of the court, are necessary to avoid the commission of any further offence under this Act.

1970-71-72, c. 36, s. 41.

Schedule I

(Section 4)

Units Based On The International System Of Units


Part I

Basic Units Of Measurement

7.molemolthe unit for the measurement of the amount of substance, being the amount of substance of a system that contains as many elementary entities as there are atoms in 0.012 kilogram of carbon 12
Basic Unit Symbol Definition
1. metre m the unit for the measurement of length, being a length equal to the distance travelled by light in a vacuum during 1/299 792 458 of a second
2. kilogram kg the unit for the measurement of mass, being a mass equal to the mass of the international prototype of the kilogram established in the year 1889 by the First General Conference of Weights and Measures and deposited at the International Bureau of Weights and Measures
3. second s the unit for the measurement of time, being the duration of 9 192 631 770 periods of the radiation corresponding to the transition between the two hyperfine levels of the ground state of the caesium 133 atom
4. ampere A the unit for the measurement of electric current, being a constant current that, if maintained in two straight parallel conductors of infinite length, of negligible circular cross-section and placed one metre apart in vacuum, would produce between those conductors a force equal to 2 x 10-7newton per metre of length
5. kelvin K the unit for the measurement of thermodynamic temperature, being the fraction 1/273.16 of the thermodynamic temperature of the triple point of water
6. candela cd the unit for the measurement of luminous intensity, being the luminous intensity, in a given direction, of a source that emits monochromatic radiation of frequency 540 x 1012 hertz and that has a radiant intensity in that direction of 1/683 watt per steradian

Part Ii

Supplementary Units Of Measurement

2.steradiansrthe unit for the measurement of a solid angle, being the angle with its vertex at the centre of a sphere and subtended by an area on the spherical surface equal to that of a square with sides equal in length to the radius
Supplementary Unit Symbol Definition
1. radian rad the unit for the measurement of a plane angle, being the angle with its vertex at the cenre of a circle and subtended by an arc of the circle that is equal in length to its radius

Part Iii

Derived Units Of Measurement

18.siemensSthe electric conductance between two points of a conductor when a constant current of one ampere in the conductor produces a difference of potential of one volt between these two points and the conductor itself is not the seat of any electromotive force
Derived Unit Symbol Definition
1. newton N the force that, when applied to a body having a mass of one kilogram, gives the body an acceleration of one metre per second per second
2. joule J the work done when the point of application of a force of one newton is displaced a distance of one metre in the direction of the force
3. watt W the power that produces energy at the rate of one joule per second
4. hertz Hz the frequency of a periodic phenomenon of which the periodic time is one second
5. coulomb C the quantity of electricity transported in one second by a current of one ampere
6. volt V the unit of electric potential difference and electromotive force, being the difference of electric potential between two equipotential surfaces of a conductor that is carrying a constant current of one ampere when the power dissipated between these surfaces is equal to one watt
7. farad F the capacitance of a capacitor between the equipotential surfaces of which there appears a difference of potential of one volt when the capacitor is charged by a quantity of electricity equal to one coulomb
8. henry H the inductance of a closed circuit in which an electromotive force of one volt is produced when the electric current in the circuit varies uniformly at a rate of one ampere per second
9. ohm the electric resistance between two points of a conductor when a constant difference of potential of one volt, applied between these two points, produces in the conductor a current of one ampere and the conductor itself is not the seat of any electromotive force
10. weber Wb the magnetic flux that, when linking a circuit of one turn, produces in that circuit an electromotive force of one volt as the flux is reduced to zero at a uniform rate in one second
11.d class="noBorderBottomtesla T the magnetic induction that is equal to one weber per square metre
12. lumen lm the luminous flux emitted in a solid angle of one steradian by a point source having an intensity of one candela
13. lux lx the illuminance produced by a flux of one lumen uniformly distributed over one square metre
14. pascal Pa the pressure (or stress) produced when a force of one newton is applied to an area of one square metre
15. var var the reactive power at the two points of entry of a single-phase, two-wire circuit when the product of the root-mean-square value in amperes of the sinusoidal current by the root-mean-square value in volts of the sinusoidal voltage and by the sine of the angular phase difference by which the voltage leads the current is equal to one
16. becquerel Bq the activity of radionuclides that is equal to one per second
17. gray Gy the absorbed dose of ionizing radiation that is equal to one joule per kilogram

Part Iv

Customary Units Of Measurement Used With The International System

d class="noBormillilitre degree Celsius°can interval of 1°C = an interval of 1 kelvin; a temperature of 0°C corresponds to 273.15 kelvins
Customary Unit Symbol Definition
minute min 60 seconds
hour h 3 600 seconds
day d 86 400 seconds
degree (of arc) ° p/180 radian*
minute (of arc) p/10 800 radian*
second (of arc) p/648 000 radian*
litre L, l or l 1/1 000 cubic metre
tonne or metric ton t 1 000 kilograms
hectare ha 104 square metres
mL, ml or ml 1/1 000 litre


Part V

Prefixes* For Multiples And Submultiples Of Basic, Supplementary And Derived Units Of Measurement

yoctoy10-24
Prefix Symbol Definition
yotta Y 1024
zetta Z 1021
exa E 1018
peta P 1015
tera T 1012
giga G 109
mega M 106
kilo k 103
hecto h 102
deca da 101
deci d 10-1
centi c 10-2
milli m 10-3
micro µ 10-6
nano n 10-9
pico p 10-12
femto f 10-15
atto a 10-18
zepto z 10-21

R.S., 1985, c. W-6, Sch. I; SOR/86-420; SOR/2005-277, ss. 1, 2.

Previous VersionSchedule Ii

(Section 4)

Canadian Units Of Measurement


Measurement Of Length

(h)link1/100 chain
Unit of Measurement Definition
(a) mile 1 760 yards
(b) furlong 220 yards
(c) rod, pole or perch 5½ yards
(d) yard 9 144/10 000 metre
(e) foot 1/3 yard
(f) inch 1/36 yard
(g) chain 22 yards

Measurement Of Area

(f)square inch1/144 square foot
Unit of Measurement Definition
(a) square mile 640 acres
(b) acre 4 840 square yards
(c) square rod 30¼ square yards
(d) square yard a superficial area equal to that of a square each side of which measures one yard
(e) square foot 1/9 square yard

Measurement Of Volume Or Capacity

(l)(Deleted, SOR/86-854, s. 2)
Unit of Measurement Definition
(a) bushel 8 gallons
(b) peck 2 gallons
(c) gallon 454 609/100 000 000 cubic metre
(d) quart 1/4 gallon
(e) pintd cla1/8 gallon
(f) gill 1/32 gallon
(g) fluid ounce 1/160 gallon
(h) fluid dram 1/8 fluid ounce
(i) cubic yard a volume equal to that of a cube each side of which measures one yard
(j) cubic foot 1/27 cubic yard
(k) cubic inch 1/1 728 cubic foot

Measurement Of Mass Or Weight

(f)grain1/7 000 pound
Unit of Measurement Definition
(a) ton 2 000 pounds
(b) cental or hundredweight 100 pounds
(c) pound 45 359 237/100 000 000 kilogram
(d) ounce 1/16 pound or 437½ grains
(e) dram 1/16 ounce

Measurement Of The Mass Or Weight Of Precious Metals

(a)troy ounce480 grains
Unit of Measurement Definition

Measurement Of The Mass Or Weight Of Precious Stones And Gem Stones

(a)carat200 milligrams
Unit of Measurement Definition

R.S., 1985, c. W-6, Sch. II; SOR/86-854.

Schedule Iii

(Section 5)

Units Of Measurement To Describe Certain Land In Quebec


5.perch, as a measure of area324 square feet (French measure)
Unit Definition
1. foot (French measure or Paris foot) 12.789 inches
2. arpent, as a measure of length 180 feet (French measure)
3. arpent, as a measure of area 32 400 square feet (French measure)
4. perch, as a measure of length 18 feet (French measure)

1970-71-72, c. 36, Sch. III.

Schedule Iv

(Section 11)

Reference Standards


For Measurement Of Length

1. The national standard for length in Canada realized, through the use of any device, in compliance with the definition “mètre” passed by the 17e Conférence Générale des Poids et Mesures as reported in the Comptes rendus de la 17e Conférence Générale des Poids et Mesures (1983) published by the International Bureau of Weights and Measures, and determined by the National Research Council of Canada pursuant to subparagraph 5(1)(c)(iv) of the National Research Council Act.


For Measurement Of Mass Or Weight

Avoirdupois Weight

1. A standard of a nominal mass of one pound, designated MR-2.

Troy Weight

2. A standard of nominal mass of one hundred troy ounces, designated MR-3.

Metric Weight

3. A standard of a nominal mass of one kilogram, designated MR-1.


For Measurement Of Temperature

3.Vs767_1203Thermistor sensor, manufactured by Thermometrics having serial number 1203; and Black Stack thermometer module, manufactured by Hart Scientific having serial number A13108
Item Standard Number Description
1. Vs767_1808 Platinum Resistance Sensor, manufactured by Fluke Hart Scientific, having serial number 1808, and Black Stack thermometer module, manufactured by Fluke Hart Scientific, having serial number A78022
2. (Repealed, SOR/2009-80)

For Measurement Of Electricity

13.
Item Standard Number Description
1. L-57 Variable Burden Box for Voltage Transformers, manufactured by H. Tinsley & Co. Ltd. having serial number 1298
2. L-1014 Shielded Precision Capacitor, manufactured by Trench Electric Ltd. having serial number 7599
3. L-1046 Voltage Transformer, manufactured by Sangamo Company Limited having serial number 555762
4. El-1847 Voltage Transformer, manufactured by Instrument Transformer Inc. having serial number 547222
5.d class="noBorderBottom toEl-1848 Voltage Transformer, manufactured by Asea Brown Boveri Ltd. having serial number 39518360
6. L-1665 Capacitor, manufactured by General Radio Company having serial number 3423
7. El-1892 Current Transformer, manufactured by Tettex Instruments having serial number 149691
8. El-1894 Programmable Electronic Burden Box for Current Transformers, manufactured by Tettex Instruments having serial number 149544
9. El-857 Current Transformer, manufactured by Smith Hobson Ltd. having serial number G-033127
10. El-1720 Current Transformer, manufactured by Knopp Inc. having serial number 8039391
11. (Repealed, SOR/2009-80)
12. El-1885 Multifunction Transducer (W/Wh/VA/VAh/var/varh/V/Vh/V2h/I/Ih/I2h), Radian Dytronic model RD-21-432, manufactured by Radian Research Inc. having serial number 200379
(Repealed, SOR/2009-80)

For Measurement Of Gas

5.Gl-2104Dead Weight Tester, manufactured by Ruska Instruments Co. having serial number 46404
Item Standard Number Description
1. Gl-2279 Dead Weight Tester, manufactured by DH Instruments Inc. having serial number 487
2. Gl-2280 Dead Weight Tester, manufactured by GE Sensing having serial number 63809
3. (Repealed, SOR/2009-80)
4. Gl-2033 Dead Weight Tester, manufactured by Ruska Instruments Co. having serial number 44509

R.S., 1985, c. W-6, Sch. IV; SOR/86-133; SOR/93-235, s. 2; SOR/2000-250; SOR/2005-277, ss. 3, 4; SOR/2009-80.

Previous Version


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