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Registration Program Guide
Section 1.11 [revised 2004-08-23]
Table of Contents
August 23, 2004
1.11 Enforcement policy - Implementation and enforcement action applicable to organizations and recognized technicians
The purpose of the various enforcement measures is to prevent devices that do not meet the requirements of the Weights and Measures Act and Regulations from being put into service or certified and to ensure that, following observation of violations, effective corrective action is implemented by registered organizations. Corrective action must produce the desired results in an agreed to time frame.
For all violations, Measurement Canada will try to establish the extent to which the organization is proactive and continues to assume its responsibilities in terms of training and monitoring its recognized technicians and diligently attempts to prevent violations. The cause of violations must be determined in all cases.
The term "violation" was chosen in order to make the distinction between it and:
- non-compliance, which is used to refer to the status of a device when it is being inspected: and
- infractions by the trader or the owner of the device.
There are three types of violations: major, minor and administrative. When violations are detected, Measurement Canada will notify the organization by means of the appropriate warning letter.
1.11.1 Major violations
Major violations are violations that severely compromise the fairness and accuracy of measurement and the legality of devices; that clearly contravene the Weights and Measures Act; that jeopardize or may jeopardize the reputation or trust of the trader/public in the registration program; that are detrimental to the integrity of the program; that discredit the agreement; or that could seriously undermine the trust between the organization/recognized technicians and Measurement Canada.
This category includes the following violations:
- altering a device to facilitate fraud (violation of section 29(c) of the Act);
- altering a device in such a way as to render it non-compliant (violation of section 29(c) of the Act);
- disposing of a device by sale or lease without having inspected and certified the said device (violation of section 26(c) of the Act);
- issuing an inspection certificate without having conducted an inspection of the device and determining its accuracy in relation to relevant standards (violation of section 25 (b) of the Act);
- marking a device to indicate that it has been inspected without having conducted an inspection of the said device (violation of section 25 (a) of the Act);
- issuing a certificate for, or marking, stamping or putting into service a model of a device that is not approved for use in trade;
- issuing a certificate for, or marking or stamping a device that is not among the categories or types of devices for which the organization has the authority to inspect and certify;
- misusing inspection certificates, inspection stickers or seals, e.g., placing stickers on devices that have not been inspected, allowing certificates or stickers to be in the possession of non-recognized technicians;
- certifying a device that has major non-compliances, in particular any device that is not configured, installed or appropriate for its intended use or that does not measure within three times the tolerance levels prescribed by the Weights and Measures Regulations or the applicable standard;
- adjusting, wilfully or at the request of its owner, a device in such a way as to produce measurement errors in favour of the said owner that exceed established tolerances;
- forcing recognized technicians to certify non-compliant devices, or forcing recognized technicians to act contrary to the requirements of the Weights and Measures Act or the agreement;
- putting into service a device that has major non-compliances or ignoring the fact that such a device had been put into service by technicians;
- failing to cooperate in the resolution of violations, or failing to take suitable corrective action against its technicians or against traders following the observation of major violations;
- failing to cooperate in the resolution of minor violations following repeated notifications, or demonstrating no willingness to improve;
- failing to take necessary corrective action, to determine cause of the non-compliance, or report to Measurement Canada outlining the actions taken when, due to a mistake on the part of the organization or technician, a device that does not meet requirements is put into service or certified; and
- any other violation deemed major by the District Manager..
1.11.1.1 Major violations - Enforcement action
a) Applicable to the recognized technician
In all circumstances, the recognized technician will immediately be relieved of the authority to inspect and certify devices until such time as the cause or causes of the violations are determined and appropriate action is taken. Before reinstating the recognized technician with the authority to inspect and certify devices, Measurement Canada must be given assurance that corrective measures have proven effective and that the organization has taken the necessary action to prevent the occurrence of further violations.
Where major violations are deemed to have been committed intentionally, device inspection authority will be suspended immediately for a period of six months for a first violation. For a subsequent major intentional violation, authority to inspect and to issue certificates will be permanently revoked.
b) Applicable to the registered organization
In first violation situations that cannot be directly attributed to negligence or abetment by the organization, the organization will be directed to identify the cause(s) of the violation and take corrective and preventive action to the satisfaction of Measurement Canada.
In first violation situations in which it is concluded that the organization acted with intent or abetted its technicians in the commission of the said violations, the agreement will be suspended for a period of six months.
In the event of a subsequent major violation in which it is concluded that the violation was committed intentionally, the agreement will be revoked and legal action investigated.
New registration applications submitted by organizations that have had prior registration authority revoked will be evaluated carefully. Measurement Canada will review the extent to which the organization has mended its ways and the degree to which it has restored the required level of confidence.
1.11.1.2 Major violations - Recall and follow-up
After observing major violations or following the reinstatement of an organization or technician in the registration program, the district office will implement a strict tracking and monitoring program in terms of scope and frequency of follow-up to ensure that the corrective action taken by the organization is effective. This intensive program will last for at least six months, include at least one follow up inspection per three month period and it must demonstrate the effectiveness of the corrective action taken and lead to the restoration of confidence in the organization and its technicians.
1.11.1.3 Major violations - Warning letters, registration suspension and revocation
Warning letters must be signed and issued by the District Manager. The organization will be notified when the Schedule A to its agreement requires an amendment to remove the name of a given technician.
1.11.1.4 Major violations - Legal proceedings
Legal proceedings for breaching an agreement or for violations of the Weights and Measures Act may be necessary for major violations.
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