PART V
SPECIFICATIONS RELATING TO DEVICES

Establishment of Specifications

65. (1) Subject to subsection (2), this Part establishes the specifications relating to

(a) the design, composition, construction and performance to which a class, type or design of device described in this Part shall conform before it may be approved for use in trade pursuant to section 3 of the Act; and

(b) the installation and use of any class, type or design of device described in this Part.

(2) Weighing devices to which the Order Establishing Specifications Relating to Non-automatic Weighing Devices applies are exempt from this Part. SOR/93-234, s. 2(F); SOR/94-691, s. 4(F); SOR/98-115, s. 6.

DIVISION I
DEVICES IN GENERAL

Design, Composition and Construction

66. Every device for use in trade shall be of such design, composition and construction as will reasonably ensure its ability to provide satisfactory accuracy throughout its normal life and eliminate means of perpetrating fraud when in use.

Performance

67. (1) Every device for use in trade set out in Column I of an item of the table to this subsection shall be of such stability that under all temperatures and other conditions that may normally be encountered in use, and without adjustments other than those specifically provided for use of the device, the device is capable of measuring accurately within applicable in-service limits of error throughout the applicable period set out in Column II of that item.

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(2) When a device is tested for performance and accuracy using a table to any section in this Part and a specific value for the weight, volume, length, load or quantity used in the test is not set out in Column I of that table, the limits of error for the device shall be the weight, volume, length, load or quantity resulting from linear interpolation between the limits of error set out in the applicable column of the table opposite the specific values set out in Column I of the table that are nearest to the weight, volume, length, load or quantity used in the test. SOR/80-290, s. 2; SOR/89-570, s. 6(F); SOR/90-118, s. 17.

Installation and Use

68. (1) Every device for use in trade shall be installed, maintained and used so as to permit accurate measurement and eliminate means of perpetrating fraud when in use.

(2) A device referred to in subsection (1) shall not be used to measure any quantity of commodity unless the limit of error set out in Column II of an item of the appropriate Part of Schedule II for the stated quantity set out in Column I of that item is equal to or greater than

(a) the value of the minimum increment of registration of the device if the device has digital means of registration; or

(b) one-half the value of the minimum increment of registration of the device if the device has analogue means of registration only. SOR/90-118, s. 18.

69. The installation and use of every device for use in trade shall conform to instructions for installation and use issued by the manufacturer or importer, unless there is an apparent contradiction between such instructions and the specifications set out in this Part or established by the Minister, in which case the specifications set out in this Part or established by the Minister shall prevail.

70. Where the use of a device in any manner or for any purpose is prohibited

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

(b) in the notice of approval of that device pursuant to section 3 of the Act or pursuant to a notice of approval under a previous enactment,

the device shall, throughout the period of its use in trade, have closely associated with it or prominently displayed thereon a readily legible sign or notice setting out the manner or purpose of use that is prohibited. SOR/93-234, s. 2(F).

DIVISION II
WEIGHTS

Interpretation

71. In this Division, "weight" means a weight for use in trade.

Design, Composition and Construction

72. Weights shall be composed of any metal or metals not softer than brass, except that weights of less than one gram in the metric system or less than 10 grains in the Canadian system shall be composed of corrosion resistant metal.

73. Weight reducing holes shall be so made as to prevent the retaining of adjusting lead or foreign matter and the entire surface of weights shall be smooth and reasonably free from grooves or indentations in which foreign matter could accumulate.

74. If a weight is equipped with a ring, the ring shall not be removable.

75. Cast iron weights shall be painted with at least one coat of suitable waterproof metal sealer or primer, and may be also painted with a finish coat if the resulting aggregate coat is thin and durable.

76. When a cast iron weight is painted, it shall be calibrated after it receives the final paint coat.

77. All adjusting holes intended to hold lead in a weight shall be undercut or so made as to ensure that the lead is securely held in place and in no case shall the lead project beyond the surface of the weight.

78. At the time of inspection pursuant to paragraph 8(b) of the Act or section 28 of these Regulations, not more than two adjusting holes shall be provided in a single weight and at every inspection there shall be lead in each adjusting hole sufficient to accept an imprint from an inspection stamp. SOR/93-234, s. 2(F).

79. A counterpoise weight the principal section of which is too thin to hold an adjusting hole shall have a boss or lug of a size sufficient to hold the adjusting hole.

80. A weight with a cavity for loose adjusting material that is fitted with a screw top or plug shall be provided with a positive means of locking, other than by friction, the top or plug to the body of the weight.

81. Weights shall be constructed to represent

(a) multiples or submultiples of the kilogram, gram or milligram having values equal to 1, 2 or 5 × 10ⁿ units, where n is a positive or negative whole number or zero;

(b) multiples or decimal submultiples of the pound or troy ounce;

(c) multiples or binary submultiples of the pound or ounce; or

(d) multiples or decimal submultiples of the grain.

Performance

82. When a weight that has a market weight set out in Column I of an item in a table to sections 84 to 88 is tested for acceptance limits of error in relation to a local standard weight, the weight is within the acceptance limits of error if its actual weight determined by the test

(a) is not less than its marked weight; and

(b) does not exceed its marked weight by an amount in excess of the amount set out in Column II of that item. SOR/89-570, s. 6(F).

83. When a weight that has a marked weight set out in Column I of an item in a table to sections 84 to 88 is tested for in-service limits of error in relation to a local standard weight, the amount is within the in-service limits of error if its actual weight determined by the test

(a) is not more than its marked weight by an amount in excess of the amount set out in Column III of that item; and

(b) is not less than its marked weight by an amount in excess of the amount set out in Column IV of that item. SOR/89-570, s. 6(F).

84. (1) Subject to subsections (2) and (3) and sections 85 and 87, the limits of error set out in the following table apply to all weights that are multiples or submultiples of the gram, commonly called metric weights:

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(2) The limits of error for weights for use in conjunction with equal-arm pan-over-beam scales are twice the limits of error set out in the table to subsection (1).

(3) The limits of error for weights for use as ratio weights where the ratio is in excess of 100:1 are one-half the limits of error set out in the table to subsection (1). SOR/89-570, s. 6(F).

85. The limits of error set out in the following table apply to weights in special multiples of the gram that are approved only for use in conjunction with scales designed to be used for determining the butter-fat content of milk and the moisture content of butter:

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SOR/89-570, s. 6(F).

86. (1) Subject to subsections (2) and (3), the limits of error set out in the following table apply to all weights that are in multiples or submultiples of the avoirdupois pound and ounce:

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(2) The limits of error for weights for use in conjunction with equal-arm pan-over-beam scales are twice the limits of error set out in the table to subsection (1).

(3) The limits of error for weights for use as ratio weights where the ratio is in excess of 100:1 are one-half the limits of error set out in the table to subsection (1). SOR/89-570, s. 6(F).

87. The limits of error set out in the following table apply to all weights of 100 grams or over that are in multiples or submultiples of the gram and are for use with a device designed to weigh precious metals and other commodities of comparable value:

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SOR/89-570, s. 6(F).

88. The limits of error set out in the following table apply to all weights that are in multiples of the troy ounce:

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SOR/89-570, s. 6(F).

Use of Weights

89. A weight shall be used only with a weighing machine with which it is compatible.

90. When not in use, a weight that, due to its small size is not individually stamped with a mark of inspection shall be stored in a receptacle that bears the inspection mark. SOR/93-234, s. 2(F).

DIVISION III
STATIC VOLUMETRIC MEASURES

Interpretation

91. In this Division, "measure" means a static volumetric measure for use in trade.

Design, Composition and Construction

92. Measures shall be free from ridges or indentations likely to entrap dirt or the commodity measured and shall empty completely when inverted.

93. The internal horizontal dimensions of a measure for liquids shall be such that the removal from it of an amount equal to the limit of error in deficiency will lower the liquid level by not less than 2.4 mm or 3/32 inch or, if the measure is transparent, by not less than 1.2 mm or 3/4 inch. SOR/89-570, s. 6(F).

94. Subject to section 95, a measure that is not transparent shall be so designed that its capacity is established by the brim and when a measure is equipped with a spout, pouring lip or anti-splash protection, not less than one third of the brim of the measure shall be in a plane parallel to the base.

95. When a measure is equipped with a lid or cover, the capacity of the measure shall be determined by the bottom of the neck unless a permanent defining line or indicator is provided on the neck.

96. Unless otherwise authorized by the Minister, all measures for solids shall be cylindrical, designed to be struck with a roller and be of a diameter that does not differ from either the depth or double the depth by more than five per cent.

97. A measure may be composed of any suitable material that

(a) has sufficient strength, rigidity and durability to maintain its form and accuracy and resist indentation, distortion or breakage under ordinary conditions of trade use; and

(b) is impervious to the commodity for which it is intended.

98. Unless clearly and permanently marked with the words "Calibrated to Contain" ("calibré pour recevoir"), a measure for liquids shall be of such capacity that, when filled to capacity with water, the indicated volume can be poured out of the measure.

Performance

99. When a measure that has an indicated volume set out in Column I of an item in a table to sections 101 to 103 is tested for acceptance limits of error in relation to a relevant local standard, the measure is within the acceptance limits of error if its actual volume determined by the test

(a) is not less than its indicated volume; and

(b) does not exceed its indicated volume by an amount in excess of the amount set out in Column II of that item. SOR/89-570, s. 6(F).

100. When a measure that has an indicated volume set out in Column I of an item in a table to sections 101 to 103 is tested for in-service limits of error in relation to a relevant local standard, the measure is within the in-service limits of error if its actual volume determined by the test

(a) does not exceed its indicated volume by an amount in excess of the amount set out in Column III of that item; and

(b) is not less than its indicated volume by an amount in excess of the amount set out in Column IV of that item. SOR/89-570, s. 6(F).

101. (1) Subject to subsection (3), the limits of error set out in the following table apply to all measures used for measuring liquids or solids in metric units of volume or capacity:

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(2) The limits of error in the table to subsection (1) apply to tests made on a "to deliver" basis with water at room temperature.

(3) The limits of error for measures used with grain testing scales are one-half the limits of error set out in the table to subsection (1). SOR/89-570, s. 6(F).

102. (1) The limits of error set out in the following table apply to all measures used for measuring liquids in Canadian units of volume or capacity:

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(2) The limits of error in the table to subsection (1) apply to tests made on a "to deliver" basis with water at room temperature. SOR/89-570, s. 6(F).

103. (1) Subject to subsection (3), the limits of error set out in the following table apply to all measures used for measuring solids in Canadian units of volume or capacity:

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(2) The limits of error in the table to subsection (1) apply to tests made on a "to deliver" basis with water at room temperature.

(3) The limits of error for measures used with grain testing scales are 1/4 the limits of error set out in the table to subsection (1). SOR/89-570, s. 6(F).

Use of Measures

104. A measure shall rest on a level surface when the correctness of filling is being determined by the user.

105. Measures shall be used in a manner that will prevent dents or other damage thereto that would cause a change in capacity.

106. Measures for liquids shall be permitted to drain for sufficient time to ensure that the liquid delivered is not less than the indicated volume by more than the limits of error set out in Column IV of the tables to sections 101 to 103. SOR/89-570, s. 6(F).

DIVISION IV
STATIC LINEAR MEASURES

Interpretation

107. In this Division, "linear measure" means a static linear measure for use in trade.

Design, Composition and Construction

108. Rigid linear measures shall be smooth and straight and made of steel, brass, hardwood or such other dimensionally stable materials as will retain their shape and remain reasonably permanent under normal conditions of use.

109. The ends of linear measures made of wood or other materials susceptible to wear through use shall be protected by a material, not less durable than brass, permanently attached to the ends.

110. Tape linear measures shall be made of steel, woven tape or other suitable dimensionally stable and durable material.

111. The units of measurement on a linear measure shall be so identified as to prevent confusion between metric and Canadian units.

112. In any series of graduations on a linear measure, lines representing equal intervals, shall be uniform in size and character and spaced at equal intervals.

113. Where figures, words, symbols or combinations thereof are set out on a linear measure to define the value of sub-graduations, they shall not be so placed as to interfere with the accuracy of reading or to cause confusion to the user.

114. The width of a graduation line shall in no case be greater than the width of the minimum clear interval between graduations.

Performance

115. When a linear measure has an indicated length between ends or between one end and any graduation or between any two graduations and that length is set out in Column I of an item in a table to sections 118 and 119, and the linear measure is tested for acceptance limits of error in relation to a relevant local standard of length, the linear measure is within the acceptance limits of error in respect of such indicated length if the actual length determined by the test

(a) is not less than its indicated length, and

(b) does not exceed its indicated length

by an amount in excess of the amount set out in Column II of that item. SOR/89-570, s. 6(F).

116. When a linear measure has an indicated length between ends or between one end and any graduation or between any two graduations and that length is set out in Column I of an item in a table to sections 118 and 119, and the linear measure is tested for in-service limits of error in relation to a relevant local standard of length, the linear measure is within the in-service limits of error in respect of such indicated length if the actual length determined by the test

(a) is not less than the indicated length, and

(b) does not exceed its indicated length

by an amount in excess of the amount set out in Column III of that item. SOR/89-570, s. 6(F).

117. When a test referred to in section 115 or 116 is carried out on

(a) a tape linear measure, other than a land surveyor's tape linear measure, the measure shall be supported on a flat surface;

(b) a metal tape linear measure that is designed to be used under tension and the measure has

(i) metric units of measurement and is 10 metres or less in length, it shall be subjected to a tension of 25 N,

(ii) metric units of measurement and is over 10 metres in length, it shall be subjected to a tension of 50 N,

(iii) only Canadian units of measurement and is 25 feet or less in length, it shall be subjected to a tension of 5 pounds, and

(iv) only Canadian units of measurement and is over 25 feet in length, it shall be subjected to a tension of 10 pounds;

(c) a woven tape measure that has metric units of measurement, it shall be subjected to a tension of 25 N;

(d) a woven tape measure that has only Canadian units of measurement, it shall be subjected to a tension of 5 pounds; and

(e) a metal tape measure that, when extended, becomes semi-rigid, it shall not be subjected to a tension during the test.

118. (1) Subject to subsection (2), the limits of error set out in the following table apply to all metal or woven fabric tape measures with graduations and markings in terms of metric units of length:

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(2) The limits of error for rigid linear measures with graduations and markings in terms of metric units of length are twice the limits of error set out in the table to subsection (1). SOR/89-570, s. 6(F).

119. (1) Subject to subsection (2), the limits of error set out in the following table apply to all metal or woven fabric tape measures with graduations and markings in terms of Canadian units of length: