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

Marginal note: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.

Marginal note: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 examined 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.

Marginal note: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.

• Marginal note: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.

Marginal note:Obstructing inspector

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

• Marginal note:Misleading statements

  (2) Every person who knowingly makes a false or misleading statement, either orally or in writing, in connection with any matter under this Act, to an inspector who is carrying out their functions under this Act is guilty of an offence.

• Marginal note:Interference with seized thing

  (3) Every person who, without an inspector’s permission, removes, alters or interferes in any way with anything seized and detained by an inspector under paragraph 17(1)(c) is guilty of an offence.

Marginal note:Failure to stop vehicle or proceed as directed

32 Every operator of a vehicle is guilty of an offence if they wilfully fail

• (a) to bring the vehicle to a stop in accordance with any order or direction given under subsection 18(1) by a member of the Royal Canadian Mounted Police or of any provincial or municipal police force; or

• (b) to proceed with the vehicle to an appropriate place in accordance with any order or direction given under subsection 18(2) by an inspector.

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

Marginal note: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.

• Marginal note: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.

Marginal note:Punishment for first offence

• 35 (1) Every person who is guilty of an offence under any of sections 23 to 34 is liable, for a first offence,

  • (a) on summary conviction, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding six months, or to both; or

  • (b) on conviction on indictment, to a fine not exceeding $25,000 or to imprisonment for a term not exceeding two years, or to both.

• Marginal note:Punishment for subsequent offences

  (1.1) Every person who is guilty of an offence under any of sections 23 to 34 is liable, for a second or subsequent offence,

  • (a) on summary conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding six months, or to both; or

  • (b) on conviction on indictment, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding two years, or to both.

• Marginal note:Punishment for general offence

  (2) Every person who contravenes any provision of this Act or the regulations for the contravention of which no liability for a punishment is elsewhere provided in this Act is guilty of an offence and liable on summary conviction for a first offence under that provision to a fine not exceeding $10,000, and for a second or subsequent offence under that provision to a fine not exceeding $20,000.

• Marginal note:Officers, etc., of corporations

  (3) If a corporation commits an offence under this Act, any officer, director or agent or mandatary 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.

Marginal note:Due diligence defence

35.1 A person may not be convicted of an offence under this Act — other than for a contravention of paragraph 29(b), subsection 30(1) or 31(2) or section 32 — if they establish that they exercised due diligence to prevent the commission of the offence.

Evidence

Marginal note: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.

Marginal note:Offence by employee or agent or mandatary

• 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 an agent or mandatary of the accused whether or not the employee or agent or mandatary is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without their knowledge or consent and that they exercised all due diligence to prevent its commission.

• Marginal note: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.

Marginal note: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.

• Marginal note:Inspector’s certificates

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

• Marginal note: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.

• Marginal note: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.

Seizure and Detention

Marginal note:Examination and samples of seized things

• 39 (1) If an inspector seizes and detains anything under paragraph 17(1)(c), they shall, at the request of the person from whom the thing is seized, allow that person or any person authorized by that person to examine the seized thing and, if possible, provide that person with a sample of it.

• Marginal note:Detention

  (2) A seized thing is not to be detained

  • (a) after the provisions of this Act or any regulations that are applicable to the seized thing have, in the inspector’s opinion, been complied with; or

  • (b) after the expiry of 60 days from the day of seizure, unless, before the expiry of that period,

    • (i) the seized thing has been forfeited under section 41,

    • (ii) a prosecution has been instituted in respect of an offence in relation to which the seized thing is evidence, in which case the seized thing may be detained until the prosecution is finally concluded, or

    • (iii) notice of an application for an order extending the period during which the seized thing may be detained has been served in accordance with section 40.

• Marginal note:Storing of seized things

  (3) A seized thing may, at the option of the inspector, be kept or stored in the building or place where it was seized or may be removed to any other proper place by the inspector or at their direction.

Marginal note:Application to extend period of detention

• 40 (1) If a prosecution in respect of an offence in relation to which a seized thing could be evidence has not been commenced, the Minister may, before the expiry of 60 days after the day of seizure and on the serving of prior notice in accordance with subsection (2) on the owner of the seized thing or on the person in whose possession the seized 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 period during which the seized thing may be detained.

• Marginal note:Notice

  (2) The notice shall be served by personal service at least five clear days before the day on which the application is to be made to the provincial court judge or by registered mail at least seven clear days before 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 10 days after the day on which the notice is served;

  • (c) the seized 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 period during which the seized thing may be detained should be extended.

• Marginal note:Order of extension granted

  (3) If, on the hearing of an application, the provincial court judge is satisfied that the seized thing should continue to be detained, the provincial court judge shall order that it be detained for any additional period that the provincial court judge considers proper and that on the expiry of that period the seized thing be restored to the person from whom it was seized or to any other person entitled to its possession unless, before the expiry of that period, subparagraph 39(2)(b)(i) or (ii) applies.

• Marginal note:Order of extension refused

  (4) If, on the hearing of an application, the provincial court judge is not satisfied that the seized thing should continue to be detained, the provincial court judge shall order that the thing be restored to the person from whom it was seized or to any other person entitled to its possession

  • (a) on the expiry of 60 days after the day of seizure, unless, before the expiry of those 60 days, subparagraph 39(2)(b)(i) or (ii) applies; or

  • (b) immediately, if, at the time of the hearing, the period of 60 days after the day of seizure has expired.