Weights and Measures Act (R.S.C., 1985, c. W-6)

Short Title

Marginal note:Short title

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

Interpretation

Marginal note:Definitions

2 In this Act,

dealer

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

device

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; (instrument)

inspector

inspector means a person who is designated under subsection 16.1(1) to verify compliance with this Act; (inspecteur)

local standard

local standard means any standard designated by the Minister under section 13; (étalon local)

measure

measure, when used as a verb, includes weigh and, when used as a noun, includes weight; (mesure et mesurer)

measuring machine

measuring machine means any machine that measures length, area, volume or capacity, temperature or time; (appareil de mesure)

Minister

Minister means the Minister of Industry; (ministre)

prescribed

prescribed means prescribed by the regulations; (Version anglaise seulement)

reference standard

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

• (c) is or is to be used as a standard for the purpose of determining the accuracy of a local standard; (étalon de référence)

static measure

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; (mesure matérialisée)

trade

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; (commerce)

trader

trader means any person who trades in the course of business; (commerçant)

weighing machine

weighing machine means any machine that measures mass or weight. (appareil de pesage)

Approval of Devices by the Minister

Marginal note: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.

• Marginal note: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.

Units of Measurement

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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).

Marginal note: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.

Marginal note: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).

• Marginal note: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.

Use of Units of Measurement

Marginal note: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.

Use of Devices

Marginal note:Use of devices

8 No trader shall use, or have in their 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 examined by an inspector who has certified that the device meets the requirements of this Act and the regulations.

Marking of Commodities

Marginal note:Marking commodities for sale

• 9 (1) No trader shall sell, offer for sale or have in their possession for sale on the basis of number or measure any commodity, unless its quantity 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 on the following items, as may be prescribed:

  • (a) the commodity;

  • (b) the package containing the commodity; or

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

• Marginal note: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.

Regulations

Marginal note: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 functions 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;

  • (e.1) prescribing a period, in relation to any category of trade or any class, type or design of device, for the purposes of subsection 15(1);

  • (f) prescribing the circumstances in which an examination 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 things seized and detained under paragraph 17(1)(c);

  • (l) respecting the disposition of 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 that shall be paid by any person for any examination or other service provided by an inspector under this Act;

  • (q.1) designating any class of examination or other service provided by an inspector under this Act as a class of examination or service to which any fees prescribed, or charges payable, under this Act do not apply;

  • (r) determining the nature of any charges that a person may be required to pay in relation to any examination 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.

• Marginal note: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.

• Marginal note: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.

Marginal note:Ministerial regulations

• 10.1 (1) The Minister may make regulations authorizing the use of a unit of measurement that is not otherwise authorized under this Act if new technologies use such a unit.

• Marginal note:Expiry

  (2) A regulation made under subsection (1) ceases to have effect on the earliest of

  • (a) the day on which a regulation made under paragraph 10(1)(m) that has the same effect as the regulation comes into force,

  • (b) the third anniversary of the day on which the regulation made under subsection (1) comes into force, or

  • (c) the day on which it is repealed.

Reference and Local Standards

Marginal note:Reference standards

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

• Marginal note: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.