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Frequently Asked QuestionsAbout Measurement Canada
Legislation
Programs, Events and Publications
Notices of Approval
A. 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. Q. Who Has the Authority to Change the Electricity and Gas Inspection Act or the Weights and Measures Act? A. 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. Q. Who Has the Authority to change the Electricity and Gas Inspection Regulations or the Weights and Measures Regulations? A. 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 Canada 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 to 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, which is intended to give Canadians pre-notification of the department's priorities for the upcoming fiscal year may be obtained by telephoning 1-800-635-7943 or may be found at http://publications.communication.gc.ca . Q. Who Has the Authority to Change the Weights and Measures Specifications or Make New Specification? A. 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. Q. Who Has the Authority to Change the Electricity and Gas Inspection Specifications? A. 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 undertakes the consultation and analysis of the impact of the proposed specification. Q. Who Has the Authority to Change the Weights and Measures Bulletins, the Electricity and Gas Bulletins or Develop New Measurement Canada Bulletins? A. Measurement Canada Bulletins (including General Bulletins, Mass and Volume 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.
A. Measurement Canada's Accreditation Program grants private sector organizations the authority to provide verification services on the government's behalf. Organizations may apply to obtain accreditation status for verifying electricity meters, gas meters and certain types of scales, gasoline dispensers and linear measuring instruments which must be inspected before they are used in trade and — in the case of electricity and natural gas meters — which must be re-verified within specified time periods.
A properly designed quality assurance program ensures that all products such as meters and measuring instruments, documents, and records meet and continue to meet specified minimum requirements. Objective evidence that such a program is in place provides Measurement Canada with the confidence required to ensure that national standards of measurement will be maintained. Before an organization can be granted accreditation status, it must meet certain criteria as outlined in S-A-01 Criteria for the Accreditation of Organizations to Perform Inspections Pursuant to the Electricity and Gas Inspection Act and the Weights and Measures Act. To ensure compliance, accredited organizations are subject to surveillance audits by Measurement Canada. The names and status of various accredited organizations are updated as the program progresses. For a listing of organizations accredited to perform inspections pursuant to the Electricity and Gas Inspection Act and the Weights and Measures Act, refer to the Directory of Accredited Organizations. Q. What Is the Purpose of the Sector Reviews? A. A Trade Sector Review (TSR) is a means of assessing measurement performance in a business sector (e.g., the electricity trade sector). Measurement Canada has identified 39 different business sectors for a potential TSR over the next 10 years. In addition, Measurement Canada intends to monitor each trade sector to identify any measurement equity and accuracy problems that require its intervention. A Trade Sector Review is a long and thorough process which relies on significant consultation between Measurement Canada and marketplace stakeholders (i.e. buyers and sellers of commodities or services in a given business sector). The broad objective is to establish the appropriate role for Measurement Canada in the sector in order to ensure that measurement accuracy and equity is being achieved in a fair, cost-effective and transparent manner. Q. How Does Electronic Automatic Temperature Compensation (ATC) Work? A. As a noun, an automatic temperature compensator (ATC) is a device commonly found on volumetric meters for the measurement of petroleum products such as gasoline, diesel fuel, propane, and natural gas. As a verb, automatic temperature compensation (ATC) is a function of a liquid petroleum or natural gas meter that adjusts the registration of the meter to correspond to a volume at a standard reference temperature of 15°Celsius. The compensation or adjustment of volume is accomplished as follows. The temperature of the product is determined by an electronic temperature sensing device during the delivery and an appropriate volume correction factor (VCF) is electronically determined. This correction factor is the ratio of the density of the product at the measured temperature to the density of the product at 15°C and is documented in the American Petroleum Institute manuals. With the mechanical movement of the meter turning during product flow, an electronic pulser measures the rotation of the meter shaft and sends an uncorrected pulse signal to the ATC circuit board. The ATC circuitry takes the temperature input from the thermometer, looks up the appropriate volume correction factor (VCF) for that particular temperature and multiplies the uncorrected pulse by the correction factor. The modified (corrected) pulse is then sent to the electronic register where the pulse is converted to an electronic signal and displayed on the electronic register as a compensated or corrected (net) volume. Q. What Are the Objectives of the Canadian Forum on Trade Measurement (CFTM)? A. Measurement Canada is committed to increased private sector participation in the development of legislated requirements, policies and procedures which directly impact the way businesses operate. As an Agency, we recognize the important role our clients play in ensuring the integrity and accuracy of trade measurement in Canada and instilling business and consumer confidence in a fair and efficient Canadian marketplace. The objectives of the CFTM are to: Q. Who Participates in the CFTM? A. The CFTM brings together members of the private sector and Measurement Canada for the development of policies, requirements and procedures which flow from the Weights and Measures Act and Regulations, the Electricity and Gas Inspection Act and Regulations as well as Measurement Canada's Accreditation Program. Here is an example of participants in the CFTM. Q. What is the Canada/U.S. Mutual Recognition of Type Evaluation Program? A. Manufacturers who wish to market their weighing and measuring instruments for use in trade must have them evaluated and approved by a government laboratory. In Canada, these instruments are evaluated against the requirements of the Weights and Measures Act. When contemplating the sale and use of their measuring instruments in both Canada and the United States, manufacturers have historically been required to submit them for approval evaluation in each country. In 1994, Measurement Canada and its United States counterpart, the National Conference on Weights and Measures, established an agreement (Canada/U.S. Mutual Recognition of Type Evaluation Program) to allow type evaluation or approval laboratories in either country to evaluate instruments against the common and unique requirements of both countries. Q. How Does Measurement Canada Ensure Accuracy and Equity in the Marketplace? A. The process of control consists of observing actual performance, comparing this performance with some standard and then taking action if the observed performance is significantly different from the standard. A control process involves a universal sequence of steps which are as follow: The control systems established through the Acts involve a number of technical and administrative elements which attempt to address all important aspects of measurement through the sequence of steps described above. On the technical side, there are the measurement-related (metrological) controls. All measurement is inaccurate to some extent. In addition, accuracy may degrade at any step in a measurement process. Although it is impossible to attain perfect accuracy, it is possible to control the magnitudes of measurement errors to acceptable levels through a system of organized activities. Q. What Must I Do if I Want to Recover the Cost of Electricity or Gas Used by Tenants? A. Under the Electricity and Gas Inspection Act, any person or body (such as a utility, campground owner, landlord) that has undertaken to supply electricity or gas to a purchaser is considered to be a contractor. Before a contractor can legally sell electricity or gas on the basis of measurement, it must first obtain a certificate or registration issued under the authority of the Electricity and Gas Inspection Act. A contractor must apply in writing to the local district office for a certificate of registration and indicate whether the application concerns the supply of electricity or gas. The application must also include the contractor’s name, principal place of business and the geographical area in which the contractor intends to operate. Where there is any change in the information provided by a contractor, the President of Measurement Canada must be informed in writing and the old certificate of registration must be returned. The Director of Marketing and Business Operations has the delegated authority to issue new and modified certificates. Q. What Is the Responsibility of Measuring Instrument Owners and Operators to Ensure That Their Measuring Instruments Are Accurate? A. Under the Act, most weighing and measuring devices — such as scales, gasoline dispensers and large petroleum meters — used for trade in Canada must meet certain standards of accuracy. While federal Measurement Canada inspectors periodically inspect weighing and other measuring devices in Canada to verify their accuracy, the Weights and Measures Act makes owners or users of devices, like yourself, legally responsible for their accuracy. For more information see our brochure ”Accuracy, it’s your responsibility”. Q. What Are the Penalties for Non-compliance? A. As in most laws, a system of penalties exists to deter non-compliance with its provisions. Two general classes of penalties are addressed in the legislation: fraud and negligence. For any non-compliances of a fraudulent nature such as altering a device’s calibration for misleading purposes, using a device in a prohibited manner or falsifying records, the person responsible is guilty of an indictable offence and could be fined or imprisoned for up to five years. For any non-compliances of a negligent nature such as using unapproved or uninspected devices, allowing overdue meters to remain in service, failing to keep proper records, reporting or repairs of overcharging an electricity or gas purchaser by more than 3%, the person responsible is also guilty of an offence. In such cases, the person would be liable on summary conviction to a fine of up to $1000 or on indictment to a fine of up to $5000. It is important for the dealers, traders and owners of any device used in the trade to realize that, under the Weights and Measures Act and the Electricity and Gas Inspection Act, they are responsible for keeping the devices in good condition and ensuring that the device is dealt with in accordance with all of the pertinent legal requirements. Any non-compliance with the legislation could result in stiff fines and negative publicity. Q. What Can I Do if I Have Received Less Firewood Than I Paid For? A. In Canada, most firewood is sold by the cord. A cord is a legal unit of measurement defined by the Weights and Measures Regulations as "128 cubic feet of stacked roundwood (whole or split, with or without bark) containing wood and airspace with all bolts of similar length piled in a regular manner with their longitudinal axes approximately parallel." If you received less firewood than you paid for, and after contacting the seller you are not completely satisfied, contact us at the nearest Measurement Canada office before using any of the firewood. For more information see our brochure “Buying Firewood? Don’t Get Burned!”.
A. Of course, errors can happen. You might feel, for example, that your energy bill isn't an accurate reflection of the amount of electricity or gas you've consumed. If this is the case, here's what to do:
A. When you have your cylinder filled, it is most likely to be done on the basis of weight. If this is the case, you can expect the following whether you have an older cylinder or a newer one equipped with an Overfill Prevention Devices (OPD): Q. Is There a Connection Between Measurement Canada and the Use of the Metric System in Canada? A. There is a strong connection between Measurement Canada and the use of the metric system in Canada. Measurement Canada is the agency responsible for enforcing federal laws that protect both the Canadian public and Canadian industry when goods and services are traded on the basis of measurement. The agency has a clear mandate, which is designed to protect Canadians against inaccurate measurement and unscrupulous measuring practices in trade. Measurement Canada takes this role seriously, and promotes the use of the metric system within its mandate because metric is not only a recognized system for measurement, it is a legal system for measurement in Canada. Q. What is a Device? A. “Device” is a term used by Measurement Canada when referring to a measuring instrument (for example a scale, a fuel dispenser, an electricity of natural gas meter, or an accessory which is to be used in conjunction with a measuring instrument). Devices must meet the requirements of either the Weights and Measures Act or the Electricity and Gas Inspection Act. Q. What is a Notice of Approval? A. A “Notice of Approval” (also referred to as a “NOA”) is a legal document issued by Measurement Canada to inform the general public that the design, composition, construction and performance of a given model, type or class of a measuring device has been found to meet all of the requirements of either the Weights and Measures Act (and its associated Regulations and Specifications) or the Electricity and Gas Inspection Act (and its associated Regulations and Specifications) . Q. How Does the Approval Process Work? A. Once an application for approval is received, the Approval Technical Coordinator assesses whether all of the necessary information has been submitted and requests any additional information which may be needed. When all of the required information is received, the Approval Technical Coordinator selects the sample(s) to be submitted for evaluation and, if not submitted with the application, requests that it (they) be sent to the Approval Services Laboratory (ASL). Once the sample(s) are received, the project file is place in a queue of projects-in-waiting. The queue is administered on a first-in-first-out basis. (In order to minimize storage requirements, large sample devices may be requested only when the testing is imminent.) Examination and testing starts when an Approval Examiner becomes available. Typically, an examiner is assigned to work on multiple projects concurrently, with each project at a different stage of processing. Note: For those devices requiring assistance for testing, the applicant is notified ahead of time so that travel arrangements can be made. Q. How Does One Obtain an Approval? A. Approval begins by submitting an “Application for Approval”. When applying for an approval, use the form applicable to your device. Q. Who Can Apply to Obtain an Approval? A. Anyone. Typically, the applicant for approval is the manufacturer of a device, the importer or the user. Unlike a patent (which is issued to the inventor), a NOA is issued as a public notice in relation to the device itself, not the applicant. Q. What is the Approval Services Laboratory A. The Approval Services Laboratory (ASL) is part of Measurement Canada. The laboratory evaluates and tests Measuring devices intended for use in trade, to ensure that they comply with the law. The ASL is located at the Standards Building in Tunney’s Pasture, Ottawa, Ontario. Q. What does the Term “Approval Examination” Mean? A. An “Approval Examination” is the process of testing the performance and examining the metrological features of a sample of a new or newly modified model of a measuring instrument. This is done before the model is mass produced and sold for use in the marketplace. With a few exceptions, the “Approval Examination” is normally performed in a laboratory setting. Q. What does the Term “Initial Verification” Mean? A. An “Initial Verification” is the inspection which occurs when a measuring instrument is first installed, and prior to its first use in trade. For certain types of devices, this “Initial Verification” may take place at the factory after manufacturing. “Initial Verifications” are performed whether by Measurement Canada inspectors or by private organizations accredited to perform this service on behalf of Measurement Canada. Q. What does the Term “Inspection” Mean? A. An “Inspection” refers to any metrological verification of a measuring device which is done after the “Initial Verification”. “Inspections” are performed whether by Measurement Canada inspectors or by private organizations accredited to perform this service on behalf of Measurement Canada. Q. What does the Term “Sealing” Mean? A. “Sealing” is the action of securing the adjustments and configuration of a measuring device in order to detect or prevent unauthorized changes to the device. Traditionally, this is done by preventing access to the interior of the measuring instrument using a suitably placed wire and lead seal. Nowadays, some electronic measuring instruments incorporate an approved means of electronically detecting and recording changes to configuration as part of the physical seal. “Sealings” are performed wither by Measurement Canada inspectors or by private organizations accredited to perform this service on behalf of Measurement Canada. Q. Why is an Approval Required? A. Some of the legislated requirements for measuring instruments cannot practically be verified once the device (i.e., the measuring instrument) has been installed and is ready for use in trade. Consequently, both the Weights and Measures Act and the Electricity and Gas Inspection Act include provisions requiring that a representative sample of any device to be used in trade must first be submitted to the Approval Services Laboratory for examination. The evaluation and testing of the device in a laboratory setting permits an extensive and intensive examination under controlled conditions, free from the physical, financial and time constraints which may be encountered in a commercial or industrial environment. Upon the successful completion of these tests and evaluation, the laboratory issues a Notice of Approval to indicate that the device can be used in trade. Q. I Hear Different Expressions When Referring to Notices of Approval (NOA), What Do They Mean? A. A “Notice of Approval” (also referred to as a “Full Approval”) is issued when there are no time limitations involved. The Notice of Approval may include conditions of use or installation. Q. What is a Conditional Notice of Approval? A. A Conditional Notice of Approval (previously called Temporary Approval) is an NOA with an expiry date, after which the device is no longer approved. A Conditional Notice of Approval may contain additional conditions limiting the number of devices to be installed, their location, capacity, etc. Conditional NOAs allow a device to be installed and used in trade during its evaluation period if it is physically too large, its capacity too great or if its performance is intrinsically linked to installation conditions which cannot be duplicated or simulated in the laboratory. Q. What is a Revision? A. A “Revision” to a Notice of Approval may be issued in order to effect substantial and significant changes to a NOA. It is used to: Q. What is a Mutual Recognition Approval? A. A “Mutual Recognition Approval” applies to devices included in the scope of a joint Canada/U.S. program introduced in 1994, known as the Canada-US Mutual Recognition of Type Evaluation Program. Under this program, a manufacturer may submit an application for approval in only one of the two countries and, based on the evaluation and test results obtained, receive approvals from both countries. (In the U.S., the Notice of Approval is called a “Certificate of Conformance”). Although the scope may change over time, mutual recognition approval is currently limited to some types of weighing devices. Q. What is a Modification Approval Letter? A. A “Modification Approval Letter” or “MAL” is issued to recognize minor changes to a device; changes which do not warrant the time and expense required to prepare and distribute a “Revision” to a NOA. Q. Is the Information Contained in a Notice of Approval (NOA) Confidential? A. No. Notices of Approval are public documents available to anyone on demand. However, the technical information submitted to support the application is held in confidence. See the index of existing NOAs issued by Measurement Canada. Q. Must Each and Every Single Measuring Device Used in Trade be Submitted to the Approval Services Laboratory (ASL) in Ottawa for Approval? A. No. The ASL is concerned with approving the model of a measuring device which is intended to be used in trade. This is normally done by testing a representative sample of the model to be approved. Sometimes the difference between models is so slight that the laboratory need only test a few models in order to approve an entire line of models. After reviewing the application for approval, the laboratory will select the specific model(s) which must be submitted for testing and evaluation and request a sample of those model(s) from the applicant. Q. Is an Approval an Indication of the Total Quality of a Device? A. No. The Approval Services Laboratory is concerned strictly with measurement accuracy and minimizing opportunities for incorrect transactions. The laboratory does not normally investigate safety or durability considerations. Q. Does the Approval Services Laboratory (ASL) Recognize Test Results Obtained Through Third Party Laboratories? A. When the ASL is not suitably equipped to execute the performance tests, the Approval Technical Coordinator will identify to the applicant the tests which must be performed by an independent laboratory which is recognized by Measurement Canada. The test results must be submitted in a specific format (as specified by the Approval Technical Coordinator) and must be sent directly to the ASL from the independent laboratory. Q. How Long Does it Take to Obtain an Approval? A. The time required to obtain an approval varies considerably with each project and depends upon a number of factors including the type and complexity of the measurement device, the number of noncompliances which must be corrected and the current workload in the Approval Services Laboratory. Overall, our targeted average turnaround time for all approval projects exempt of noncompliance is ninety calendar days or less from the receipt of the device for testing to the issuance of the Notice of Approval. While some approval projects take as few as four weeks to process, other more complex projects necessitate much more time. It is best to contact the Approval Technical Coordinator in the discipline of interest (i.e., mass, fluids, electricity ) to obtain an estimate of the time required. Q. How Can I Assist in Speeding Up My Approval Project? A. There is much that an applicant can do to minimize the time it takes to process an approval project: Q. Can a Notice of Approval (NOA) be Revoked? A. Yes. It can be revoked if: Q. May I Send a Sample Device Along With My Application for Approval? A. Yes. The applicant may submit a sample at this time. However, in some instances, it is preferable to wait for instructions from the Approval Services Laboratory (ASL). If the device for which approval is sought has several models with different capacities, characteristics and features, the Approval Technical Coordinator will indicate which model(s) must be shipped and when the laboratory can receive the shipment. Q. Some Noncompliances Have Been Found in My Device, What Must I Do? A. The applicant must correct the noncompliances and resubmit the device within the time frame specified in the notice of noncompliance. Q. What Happens if I Am Unable to Correct the Noncompliance Within the Set Time Limit? A. The applicant will be granted an extension if so requested. If the noncompliance has not been corrected by the end of the set time frame and an extension has not been requested, the approval project will be closed (i.e., administratively, the file is closed and tagged as being inactive). The sample will be returned to the applicant along with an invoice to cover the cost of approval work performed up to that point. Once closed, an approval project is no longer in the “queue” or waiting line of projects for processing. This is the only consequence resulting from the closure of an approval project. A approval project can be reactivated at any time at the convenience of the applicant. Q. How Much Does It Cost to Obtain an Approval? A. Approval services are charged for on the basis of time spent processing an application. The hourly fee for devices evaluated under the Weights and Measures Act is $60.00, and $50.00 for a device evaluated under the Electricity and Gas Inspection Act. Q. Can I Obtain Information on the Legal Requirements Applicable to My Device? A. The documents specifying the applicable approval requirements are available from the Approval Services Laboratory by contacting an Approval Technical Coordinator. |
Created: 2005-08-04 Updated: 2006-01-30 |
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