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Registration Program Guide
Section 1.11.2 to 1.11.3 [revised 2004-08-23]
Table of Contents
August 23, 2004
1.11.2 Minor violations
Minor violations are violations to regulatory requirements or to an agreement that have no significant impact on the integrity of measurement in trade; that may compromise the smooth operation of the program; or that may risk the integrity of measurement, but for which there is no concrete evidence.
This category includes the following violations:
- altering, repairing or adjusting a device without having the accuracy of the said device verified by comparing it to suitable standards and making the necessary adjustments pursuant to section 35.1 of the Weights and Measures Regulations;
- failing to seal, mark or stamp a device in the prescribed manner;
- completing inspection certificates and reports incorrectly; failing to send and/or retain them in accordance with the requirements;
- unintended use of non-compliant standards; failing to ensure that standards are compliant and used correctly; failing to take appropriate care of standards;
- neglecting to ensure, in a proactive and ongoing manner, that an organization’s recognized technicians meet requirements (directives, procedures, instructions) and failing to take necessary and timely corrective action;
- putting into service or certifying a device, or allowing a device to be put into service or to be certified that does not measure within the prescribed tolerance levels but does not, however, exceed the said levels by three times;
- neglecting to properly monitor technicians in accordance with the terms and conditions of the registration program;
- failing to notify Measurement Canada within 48 hours of the detection of a device with major non-compliance that was not corrected during inspection or when the owner refuses to allow a complete inspection to be performed following a repair, although the circumstances would make it necessary;
- failing to cooperate with Measurement Canada and failing to take suitable corrective action following minor violations;
- failing to satisfy all of the conditions of the agreement and its restrictions;
- failing to maintain knowledge and competencies up to date; and
- any other violation deemed minor by the District Manager.
1.11.2.1 Minor violations - Enforcement action
a) Applicable to the recognized technician
For all cases of minor violations, Measurement Canada will notify the organization by means of a warning letter. Measurement Canada will direct the management of the organization to determine the cause or causes of the violations and to take appropriate corrective and preventive action. Measurement Canada must be assured that the action taken will produce the desired results. Reports will be drafted and corrective action will be documented and recorded in the files of both the organization and the technician.
In the event that a technician is found to have committed a third violation of the same nature within a 18-month period, the violation will be dealt with in the same manner as a major violation, and could lead to the suspension or revocation of the authority to certify devices. In such cases, the District Manager will send a warning letter to the organization and the technician in question.
b) Applicable to the registered organization
For first violation cases that are minor in nature, the organization will be directed to identify the cause or causes of the violation and to take corrective and preventive action to the satisfaction of Measurement Canada. Reports will be drafted and corrective action will be documented and recorded in the files of both the organization and the technician.
In the event that a given technician of an organization or the organization itself is found to have committed a third violation of the same nature, the violation will be dealt with in the same manner as a major violation, and could lead to the suspension or revocation of the agreement. In such cases, the District Manager will send a warning letter to the organization.
1.11.2.2 Minor violations - Recall and follow-up
After confirming that a minor violations has occurred, the District Manager will draft the reports and send out the appropriate warning letters. The District Manager will determine the relevance of stricter controls based on the circumstances and history of the organization.
1.11.2.3 Minor violations - Warning letters
Warning letters will be signed and issued by the District Manager. Minor violations being dealt with in the same manner as major violations are liable to the same enforcement actions as these ones.
1.11.3 Administrative violations
Administrative violations are those that contravene the requirements of the agreement without having any discernable or determining impact on the quality of inspections or the compliance of devices used in trade.
This category includes the following violations:
- failing to be in the possession of or have access to up-to-date reference tools;
- failing to have the required controls in place for certificates, stickers and seals pursuant to requirements;
- neglecting to ensure that recognized technicians have all the tools necessary to carry out their duties;
- neglecting to ensure that the recognized technicians maintain the required competencies and failing to ensure conformance in this regard;
- failing to enforce corrective or preventive action relating to administrative violations;
- failing to pay the registration fees (annual);
- not keeping training records up to date;
- failing to submit appropriate reports in the timely manner prescribed;
- failing to report on test reports and inspection certificates the as-found result of the device inspected before adjustment; and
- any other violation deemed administrative by the District Manager.
1.11.3.1 Administrative violations - Enforcement action
At the discretion of the District Manager, repeated administrative violations may be dealt with in the same manner as major violations. When it is determined that an administrative violation as caused a major or minor violation, it must be dealt with in the same manner as these violations.
a) Applicable to the recognized technician
For all administrative violations, Measurement Canada will notify the organization by means of a warning letter. Measurement Canada will direct the organization to determine the cause or causes of the violations and to take appropriate corrective and preventive action. Measurement Canada must be assured that the action taken will produce the desired results. Reports will be drafted and corrective action will be documented and recorded in the files of both the organization and the technician.
b) Applicable to the registered organization
The registered organization will be directed to take corrective and preventive action to the satisfaction of Measurement Canada. Reports will be drafted and corrective action will be documented and recorded in the file of the organization and the technician.
1.11.3.2 Administrative violations - Recall and follow-up
After observing administrative violations, the District Manager will draft the reports and send out the appropriate warning letter. Measurement Canada will determine the relevance of follow-ups based on circumstances and the history of the organization. In all decisions relating to enforcement action or the heightening of control measures, the District Manager will review the file of the organization and the technician. The District Manager will make the most informed decision possible, based on the organization’s history and the likelihood that the corrective and preventive action will produce the desired results.
1.11.3.3 Administrative violations - Warning letters
Warning letters must be signed and issued by the District Manager.
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