Weights and Measures Act excerpts - page under construction

Weights and Measures Act

R.S.C., 1985, c. W-6

An Act respecting weights and measures

Short Title

Marginal note:Short title

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

  • 1970-71-72, c. 36, s. 1

Interpretation

Marginal note:Definitions

2 In this Act,

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

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

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

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

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

Minister means the Minister of Industry; (ministre)

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

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

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

  • R.S., 1985, c. W-6, s. 2

  • 1992, c. 1, s. 145(F)

  • 1995, c. 1, ss. 62, 63

  • 2011, c. 3, s. 11

  • 2019, c. 29, s. 192

Previous Version

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.

  • 1970-71-72, c. 36, s. 3

  • 1976-77, c. 28, s. 46

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).

  • 1970-71-72, c. 36, s. 4

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.

  • 1970-71-72, c. 36, s. 5

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.

  • 1970-71-72, c. 36, s. 6

  • 1976-77, c. 55, s. 9

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.

  • 1970-71-72, c. 36, s. 7

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.

  • R.S., 1985, c. W-6, s. 8

  • 2011, c. 3, ss. 12, 29

Previous Version

Examination of Devices

Marginal note:Examinations within prescribed periods

  • 15 (1) Every trader who uses a device in trade, or possesses a device for trade, shall cause it to be examined, within the prescribed period, by an inspector.

  • Marginal note:Extensions

    (2) The Minister may, in the prescribed circumstances, grant to a trader an extension of the period.

Previous Version

Marginal note:Request for examination

15.1 An inspector may examine a device at the request of the owner or the person who is in possession of it.

  • 2011, c. 3, s. 15

Marginal note:Adjustments and alterations to devices

16 When an inspector examines a device, they may, with the consent of the owner or person who is in possession of it, make any prescribed adjustments or alterations to that device.

  • R.S., 1985, c. W-6, s. 16

  • 2011, c. 3, s. 15

Previous Version

Administration and Enforcement

Designation

Marginal note:Power to designate

  • 16.1 (1) For the purposes of the administration and enforcement of this Act, the Minister may designate persons, or classes of persons, to exercise powers in relation to any matter referred to in the designation.

  • Marginal note:Training and qualification

    (1.1) The Minister shall ensure that, for each particular sector, all persons designated under subsection (1) are trained and qualified in the same manner and that all examinations made by these persons are conducted consistently.

  • Marginal note:Limitation

    (2) The Minister may designate only persons employed in the federal public administration to exercise powers under any of sections 17 to 18, subsection 19(3) or section 21 or subsection 22.11(1).

  • Marginal note:Suspension and revocation

    (3) The Minister may suspend or revoke a designation made under subsection (1).

  • 2011, c. 3, s. 16

Powers

Marginal note:Authority to enter and other powers

  • 17 (1) An inspector who has reasonable grounds to believe that an object to which this Act applies is located in or on a place, including a vehicle, or that an activity regulated by this Act is conducted in a place, including a vehicle, may, for the purpose of verifying compliance with this Act,

    • (a) enter the place;

    • (b) examine the place or anything found in or on the place;

    • (c) seize and detain anything in or on the place;

    • (d) use any means of communication in the place or cause it to be used;

    • (e) use any computer system in the place, or cause it to be used, to examine data contained in or available to it;

    • (f) prepare a document, or cause one to be prepared, based on the data;

    • (g) use any copying equipment in the place, or cause it to be used;

    • (h) direct any person to put anything in or on the place into operation or to cease operating it; and

    • (i) prohibit or limit access to all or part of the place.

  • Marginal note:Certificate to be produced

    (2) The Minister shall provide the inspector with a certificate of their designation, and on entering the place, the inspector shall, on request, produce the certificate to the person in charge of that place.

  • Marginal note:Duty to assist

    (3) The owner or person in charge of the place and every person in the place shall give all assistance that is reasonably required to enable the inspector to verify compliance with this Act and shall provide any documents, data or information that are reasonably required for that purpose.

  • R.S., 1985, c. W-6, s. 17

  • R.S., 1985, c. 31 (1st Supp.), s. 26

  • 2011, c. 3, s. 16

Previous Version

Marginal note:Warrant for dwelling-house

  • 17.1 (1) If the place is a dwelling-house, the inspector may not enter it without the occupant’s consent except under the authority of a warrant issued under subsection (2).

  • Marginal note:Authority to issue warrant

    (2) On ex parte application, a justice of the peace may issue a warrant authorizing an inspector who is named in it to enter a dwelling-house, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that

    • (a) the dwelling-house is a place referred to in subsection 17(1);

    • (b) entry to the dwelling-house is necessary to verify compliance with this Act; and

    • (c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused or that consent to entry cannot be obtained from the occupant.

  • 2011, c. 3, s. 16

Marginal note:Entry on private property

  • 17.2 (1) For the purpose of gaining entry to a place referred to in subsection 17(1), an inspector may enter private property and pass through it, and is not liable for doing so. For greater certainty, no person has a right to object to that use of the property and no warrant is required for the entry, unless the property is a dwelling-house.

  • Marginal note:Person accompanying inspector

    (2) A person may, at the inspector’s request, accompany the inspector to assist them to gain entry to the place referred to in subsection 17(1) and is not liable for doing so.

  • 2011, c. 3, s. 16

Marginal note:Use of force

17.3 In executing a warrant to enter a dwelling-house, an inspector shall not use force unless the use of force has been specifically authorized in the warrant and the inspector is accompanied by a peace officer.

  • 2011, c. 3, s. 16

Marginal note:Examining vehicle

  • 18 (1) 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 vehicle so that the inspector may examine it for the purposes of verifying compliance with this Act.

  • Marginal note:Vehicle to be moved

    (2) The inspector may require the operator of the vehicle to proceed with it to an appropriate place, if doing so is necessary to conduct the examination.

  • R.S., 1985, c. W-6, s. 18

  • 2011, c. 3, s. 16

Previous Version

Marginal note:Certificate

  • 19 (1) If an inspector examines a device, they shall issue to the owner or person who is in possession of it,

    • (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 examination.

  • Marginal note:Marking of devices — requirements met

    (2) If an inspector determines that a device referred to in paragraph (1)(a) meets the requirements of this Act and the regulations, they shall mark the device as prescribed and

    • (a) attach the prescribed seals that are intended to indicate any adjustments to the device; or

    • (b) if those seals are already attached to the device, verify that they can indicate any adjustments and, in the case of electronic seals, collect the information that is necessary to detect any adjustments.

  • Marginal note: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.

  • R.S., 1985, c. W-6, s. 19

  • 2011, c. 3, ss. 17, 29

Previous Version