PART II: COMMODITIES AND SERVICES

“individually measured commodity” means a commodity that is measured and packaged in a manner other than in accordance with a predetermined fixed quantity and that is, as a result, sold in varying quantities; (marchandise mesurée individuellement)

“statement of quantity” means the quantity stated pursuant to section 9 of the Act. (déclaration de quantité)

46. The following types of trade transactions are exempt from section 9 of the Act:

(a) sales or offers for sale of commodities that are weighed or measured in the presence of the purchaser at the time of sale;

(b) sales or offers for sale of commodities that are produced or manufactured only for export;

(d) retail sales or offers for sale of fresh fruits or fresh vegetables, if a sign or placard that shows the price per unit of measurement on which the total price of the commodity is based is displayed in close proximity to the commodity, and that are

(e) sales or offers for sale by automatic vending machines or mobile canteens of individual servings of food that are prepared by a commissary and packaged before being offered for sale;

(f) sales or offers for sale of individual portions of food that are packaged before being offered for sale and served by a restaurant or other commercial enterprise with meals or snacks;

(g) sales or offers for sale of individually wrapped confections, commonly known as one-bite confections, that are offered for sale or sold individually; and

(h) sales or offers for sale of primary mill paper or primary paperboard products, where

(i) a statement of the net, gross or other quantity of the commodity and of the manner in which the quantity was calculated is shown in a legible manner on the side of the package containing the commodity that is visible to the purchaser under normal or customary conditions of sale or use, or on a shipping bill, bill of lading or other document accompanying the commodity, and

(ii) subject to section 49, the statement of quantity referred to in subparagraph (i) is accurate within the limits 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.

47. A commodity that is sold or offered for sale on the basis of number or measure shall show a statement of quantity

(a) in the case of a commodity, other than a commodity referred to in paragraph 46(h), that is packaged before being offered for sale, on the side of the package containing the commodity that is visible to the purchaser under normal or customary conditions of sale or use; and

(b) in the case of a commodity that is not packaged before being offered for sale, on a part of the commodity itself that is visible to the purchaser under normal or customary conditions of sale or use or on a shipping bill, bill of lading or other document accompanying the commodity.

47.1 The statement of quantity for a commodity set out in column I of Schedule I shall consist of at least one statement per parameter set out in column II.

48. (1) When the statement of quantity is shown on the package or on the commodity itself, the statement shall be shown in a manner easily legible to the purchaser and shall be in letters of not less than 3 mm or 1/8 inch in height if printed or written by hand and in letters of not less than 2 mm or 1/12 inch in height if printed or written by any other means.

(2) When the statement of quantity is shown on a shipping bill, bill of lading or any other document accompanying the commodity, it shall be shown in a manner easily legible to the purchaser.

(3) Where the price of a commodity is determined on the basis of a unit of measurement, that unit of measurement shall be shown on the statement of quantity in a manner at least as prominent as any other unit of measurement shown on the statement of quantity.

49. (1) Subject to subsection (2), the prescribed limits of error for the purposes of sections 9 and 33 of the Act are those 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.

(2) Where a commodity is weighed or measured on a device for which the tolerance is prescribed in section 192, 193 or 268, the limits of error for the commodity shall be one and one-half times the in-service tolerance prescribed for the device.

(3) Where the quantity of a commodity is stated in a unit of measurement that is not set out in column I of the applicable Part of Schedule II, the quantity shall be converted to the appropriate unit set out in column I of that Part and the limit of error set out in column II for that quantity shall apply.

49.1 For the purposes of section 34 of the Act, the limit of error applicable to the weight declaration of a commodity used to determine rail transportation charges for the commodity, obtained by in-motion weighing of cars carrying the commodity is one per cent of the declared net weight.

50. (1) When an inspection is made of an individually measured commodity that is in a liquid state and has its quantity stated in units of volume, the quantity of the commodity shall be determined at the temperature at which it is customarily measured for sale.

(2) When an inspection is made of an individually measured commodity that is in a liquid state and has its quantity stated in units of volume at 15°C, the quantity of the commodity shall be determined at a temperature of 15°C.

51. (1) When an inspection is made of a standard quantity commodity that is in a liquid or near liquid state at a temperature of 20°C and has its quantity stated in units of volume, the quantity of the commodity shall be determined at a temperature of 20°C.

(2) When an inspection is made of a standard quantity commodity that is in a frozen state and has its quantity stated in units of volume, the quantity of the commodity shall be determined at the temperature at which it is customarily offered for sale.

52. (1) The inspection of any quantity of prepackaged commodities, hereinafter referred to as a lot, each unit of which purports to contain the same quantity of commodity, that an inspector undertakes to determine whether the lot meets the requirements of the Act and these Regulations respecting the statement of quantity, shall be made by selecting and inspecting a sample from the lot.

(2) Subject to subsection (3), where a lot contains the number of units set out in Column I of an item of Part I of Schedule III, an inspector shall select from the lot a number of units not less than the number set out in Column II of that item, and the number of units selected shall constitute the sample referred to in subsection (1).

(3) Where, for the purpose of determining the quantity, other than for establishing the weight of the package containing the commodity, it is necessary to destroy a certain number of units in the lot, an inspector shall select, for destruction, not more than 10 per cent of the total number of units in the lot and not less than one unit, and the number of units selected shall constitute the sample referred to in subsection (1).

(4) The lot from which a sample was taken and inspected by an inspector does not meet the requirements of the Act and these Regulations respecting the statement of quantity where the inspector determines that

(a) the weighted average quantity of the units in the sample, as determined by the formula set out in Part II of Schedule III, is less than the stated quantity;

(b) the number of units in the sample that contain less than the stated quantity by more than the prescribed limits of error set out in Schedule II for that quantity is equal to or greater than the number set out in Column II of Part IV of Schedule III for the sample size set out in Column I thereof; or

(c) two or more units in the sample contain less than the stated quantity by more than twice the prescribed limits of error set out in Schedule II for that quantity.

53. In this Part and in Schedule IV,

“cylindrical graduated standard” means a local standard of volume or capacity that is made of glass or metal, has a cylindrical shape and, if made entirely of glass, bears graduations on the glass or, if made of metal, bears graduations that are adjacent to a glass window in the metal; (étalon cylindrique gradué)

“gravimetric prover standard” means a local standard consisting of a tank mounted on a weighing machine and used for determining

(b) the volume of a liquid on the basis of the mass registered on the weighing machine and the density of the liquid; (cuve étalon gravimétrique)

“master meter standard” means a local standard that registers by mechanical, electrical or electronic means or any combination thereof, in units or multiples or subdivisions of units of volume, the quantity of liquid that passes through the standard during an interval of operation; (compteur étalon-témoin)

“narrow neck standard” means a local standard of volume or capacity that has, on or adjacent to the narrow neck of the standard, a mark indicating the volume or capacity of the standard, or that has a machined rim that indicates the volume or capacity of the standard; (étalon à col étroit)

(a) in the case of a local standard of mass or weight, the mass or weight shown on that standard,

(b) in the case of a local standard of length, the length between any two graduations on that standard,

(d) in the case of a cylindrical graduated standard, the maximum volume or capacity shown on that standard,

(d.1) in the case of a stoppered pycnometer standard, the volume or capacity of the standard when filled and stoppered at reference conditions,

(e) in the case of a master meter standard, gravimetric prover standard, pressure hydrometer standard, standard of temperature or electricity measuring standard, the value shown by that standard for any particular test, and

(f) in the case of a pipe prover standard, the volume of the standard stabilized at a temperature of 15°C and 101.325 kPa internal pressure as shown on the certificate issued for that standard pursuant to section 13 of the Act; (valeur nominale)

“pipe prover standard” means a local standard consisting of a pipe equipped with a piston or ball in which the volume of liquid displaced when the piston or ball traverses all or any part of the length of the pipe is registered by mechanical, electrical or electronic means or any combination thereof. (tube étalon)

“pressure hydrometer standard” means a local standard that indicates the density or relative density of a fluid under pressure. (hydromètre étalon à pression)

54. (1) Subject to subsection (2), the amount set out in Column II of an item in the appropriate Part of Schedule IV is hereby prescribed to be the tolerance for the purpose of subsection 13(1) of the Act for a local standard that has a nominal value set out in Column I of that item.

(2) Where a local standard is tested to determine whether it is within the tolerance set out in a Part of Schedule IV for that local standard and the nominal value of that local standard is not specified in Column I of an item of that Part, the tolerance for that local standard shall be the amount resulting from linear interpolation between the tolerances set out in Column II of that Part opposite the specific nominal values set out in Column I of that Part that are nearest to the nominal value of the local standard being tested.

(3) The tolerances set out in Parts XI and XII of Schedule IV for the nominal value of cylindrical graduated standards are also the tolerances for any other values that are marked on those standards as intermediate graduations.

(4) For the purposes of subsection 13(1) of the Act, the tolerance for a local standard referred to in subsection 56(2) at any point within the measuring range designated by the owner of the standard for the purpose of use of the standard is two per cent of the value or reading of that point indicated by the reference standard.

55. [Repealed, SOR/90-118, s. 16]

56. (1) Every local standard described in column I of the table to this subsection shall be calibrated and certified at least once within the period set out in column II.

(2) Where the tolerance for a local standard is that referred to in subsection 54(4), every local standard described in column I of the table to this subsection shall be calibrated and certified at least once within the period set out in column II.

56.1 [Repealed, SOR/2005-297, s. 13]

57. [Repealed, SOR/79-747, s. 1]

“travel time” means the time that is spent by an inspector travelling to and returning from the place where a service set out in subsection 59(1) is provided; (temps de déplacement)

“waiting time” means the time during which an inspector is ready to commence or continue the provision of a service set out in subsection 59(1) but is prevented from so doing because

(a) a device necessary to the provision of the service is being altered or adjusted by another person, or

(b) of actions or omissions affecting the provision of the service which are beyond the control of the inspector. (période d’attente).

59. (1) The fees and charges for the following services provided by an inspector shall be determined in accordance with Part I of Schedule V:

(a) inspection of a device in accordance with a request referred to in subsection 15(2) of the Act;

(c) calibration of a standard, other than a standard used or intended to be used by an inspector to inspect a device, at the request of the owner or person in possession of the standard;

(d) inspection of a commodity at the request of the owner or person in possession of the commodity;

(e) examination of a device or provision of any other service related to an application for the approval of a device or of a class, type or design of a device referred to in section 14; and

(f) alteration or adjustment of a device with the consent of the owner or person in possession of the device.

(2) Where, in order to provide a service set out in subsection (1), an inspector provides or transports a piece of equipment or a vehicle described in column I of item 1 of Part II of Schedule V, the applicable charges set out in column II of that item shall be paid in addition to the fees and charges set out in Part I of that Schedule.

(3) The charges incurred by an inspector for accommodation, meals, incidental expenses and transportation referred to in Schedule V are determined in accordance with the rates and allowances set out in the “Travel Directive” contained in the Treasury Board Manual that are in effect at the time that the service set out in subsection (1) is provided.

(4) Where the fees and charges set out in Schedule V are calculated on the basis of time, that time includes travel time and waiting time.

60. [Repealed, SOR/94-650, s. 2]

61. [Repealed, SOR/85-736, s. 2]

62. [Repealed, SOR/93-413, s. 2]

63. Where, in order to make an inspection, an inspector requires any equipment, material or commodity that is not customarily supplied by a Measurement Canada office and that has not been supplied by the dealer or trader for whom the inspection is to be made, the cost of purchasing or renting the necessary equipment, material or commodity and transporting it to and from the place where the inspection is to be made shall, in addition to the fee and charge otherwise payable for the inspection, be a charge that shall be paid in relation to the inspection.

64. (1) Subject to section 21 of the Act, the fee and charge prescribed by these Regulations for the inspection, altering or adjusting of a device shall be paid by the owner of the device or by the person in possession of the device.

(2) Where a commodity is inspected pursuant to the Act, the fee and charge prescribed by these Regulations for inspecting the commodity shall be paid by the person who requests the inspection.