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Measurement Canada at a Glance -The Mandate and the Laws
What is Measurement Canada's Mandate?
Most Canadians participate in trade measurement transactions everyday. Measurement Canada’s mandate is to ensure business and consumers can make these types of financial transactions confident in the integrity and accuracy of the measurement system. This mandate is achieved through the administration and enforcement of the Weights and Measures Act and the Electricity and Gas Inspection Act. Measurement Canada has sole jurisdiction with respect to the administration and enforcement of these statutes and assists the Canadian Food Inspection Agency, the Competition Bureau and Health Canada in verifying the net quantity of packaged goods.
What do these two Acts comprise?
The Weights and Measures Act and the Electricity and Gas Inspection Act are federal statutes that comprise regulations and specifications covering a broad range of requirements for the approval, design, performance, installation and use of electricity and gas meters, and weighing and measuring devices (e.g., scales, gasoline dispensers) used in trade.
Both Acts are well over one hundred years old, but are regularly amended to address changes in technology, trade and other marketplace developments, and to ensure that trade on the basis of measurement remains fair and equitable to everyone involved.
Who has the authority to change the Electricity and Gas Inspection Act or the Weights and Measures Act?
The authority to change the two Acts resides with the Parliament of Canada, the approval of which is required to open the Acts in the first place. It is very difficult and time consuming to change these federal statutes. Once an Act is opened for proposed changes, Parliament can debate all of its contents, whether related to the proposed change or not. Consequently, changes to the Acts are very rare.
Who has the authority to change the Electricity and Gas Inspection Regulations and the Weights and Measures Regulations?
The authority to change the Regulations resides with a committee comprised of Cabinet Ministers and members of the Queen’s Privy Council (known as the Governor in Council). The Minister of Industry sponsors and recommends approval of a proposed regulation but does not have the authority to promulgate or establish regulations. The regulations are changed through a procedure called the Federal Regulatory Process. While it is fairly lengthy, much of the process focuses on consultation with individuals, businesses, or industries that may be affected by a change to the Regulations. The Federal Regulatory Process also includes legal advice and guidance, to ensure that any proposed changes will not disadvantage anyone subject to them. Changes to regulations need to be scrutinized to make sure that they do not conflict with other federal legislation and respect Canada’s international commitments.
Like all changes to Canadian laws, changes to the regulations are published in the Canada Gazette twice. The first publication in this document serves as a public notice to Canadians that a new law or a revised law is being considered. Following extensive consultation and “fine tuning”, the final version is printed in the Gazette to notify Canadians that there has been a change to Canadian law. This whole process can take up to a year to complete before the Minister signs the final copy.
A department’s intent to introduce new regulations or modify existing regulations is included in the regulatory plan published in its annual Report on Plans and Priorities (RPP). The RPP, is intended to give Canadians pre-notification of the department’s priorities for the upcoming fiscal year.
Who has the authority to change the Weights and Measures Specifications or make new Specifications?
The Minister also has the authority to create or change Weights and Measures Specifications. The Federal Regulatory Process described above applies to these specifications as well.
Who has the authority to change the Electricity and Gas Inspection Specifications?
The Electricity and Gas Inspection Act gives the President of Measurement Canada, as the “director” appointed under the Act, the authority to create new specifications or change existing specifications without going through the Federal Regulatory Process. In these instances, Measurement Canada still consults and undertakes an analysis of the impact of the proposed specification.
Who has the authority to change the Weights and Measures Bulletins, the Electricity and Gas Bulletins or develop new Measurement Canada Bulletins?
Measurement Canada Bulletins (including General Bulletins, Weights and Measures Bulletins and Electricity and Gas Bulletins) are intended to clarify the intent of existing regulations, specifications, or policies and to address issues that were not previously encountered by Measurement Canada.
Examples of these, include the application of requirements to new technology or guidelines for new programs being initiated by Measurement Canada. The authority for issuing Measurement Canada’s Bulletins resides with the Program Development Directorate (PDD), or in the case of Accreditation Bulletins, the Innovative Services Directorate.
What are the Program Development Directorate’s (PDD) other responsibilities?
PDD is responsible for the development and review of all of Measurement Canada’s metrological requirements. This includes proposed changes to the legislation, policies relating to the legislation or its enforcement, and inspection procedures. PDD works in conjunction with the other Measurement Canada directorates, as well as the Standing Committees and other teams within the organization, to ensure a fair marketplace for Canadians when they buy or sell goods or services on the basis of measurement.
Are these responsibilities shared with the Innovative Services Directorate?
No. The Innovative Services Directorate (ISD) is responsible for establishing rules for the implementation and monitoring of alternative service delivery mechanisms used to fulfill Measurement Canada's mandate and for the development and implementation of an internal quality management system used by Measurement Canada in the provision of its services.
Who develops the requirements, policies and bulletins for the Program Development Directorate and Innovative Services Directorate?
This developmental work is the responsibility of Gilles Vinet and Sonia Roussy, Vice Presidents of the respective directorates, who assign the work to Measurement Canada staff or working groups. The responsibility for the on-going maintenance and interpretation of the requirements, policies and bulletins is assigned to Standing Committees that are chaired by Program Officers from either the Program Development or Innovative Services Directorates.
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Measurement Canada
