Canada Gazette

Her Excellency the Governor General in Council, on the recommendation of the Minister of Industry, pursuant to subsection 10(1) (see footnote a) of the Weights and Measures Act, hereby makes the annexed Regulations Amending the Weights and Measures Regulations.

1. The definitions "automatic weighing device" and "non-automatic weighing device" in section 2 of the Weights and Measures Regulations(see footnote 1) are repealed.

2. The portion of subsection 18(1) of the Regulations before paragraph (a) is replaced by the following:

18. (1) With the exception of weighing devices to which the Specifications Relating to Non-automatic Weighing Devices (1998) apply, the information required by these Regulations to be marked on a device shall be marked

3. Section 21 of the Regulations and the heading before it are replaced by the following:

MARKING APPROVED WEIGHING MACHINES, MEASURING MACHINES AND RELATED EQUIPMENT AND ACCESSORIES

21. Before being sold, leased or otherwise disposed of, a weighing machine (other than a weighing device to which the Specifications Relating to Non-automatic Weighing Devices (1998) apply) or a measuring machine, that is of a class, type or design approved pursuant to section 3 of the Act, and any equipment or accessory attached to or used in conjunction with the machine that has or could have an effect on the accuracy of the machine and that was approved pursuant to section 3 of the Act shall be marked with the following information:

(a) the name of the manufacturer or importer of the machine, equipment or accessory;

(i) the minimum and maximum flow rates, and

(ii) if the meter is equipped with an automatic temperature compensator, the words "Volume corrected to 15°C" or "Volume corrigé à 15 °C", immediately adjacent to the registration of net quantity;

(e) in the case of a weighing machine, the maximum load that may be weighed on the machine;

(f) in the case of any equipment or accessory, the range for which it was approved pursuant to section 3 of the Act; and

(g) any other information that is required by the notice of approval issued pursuant to section 3 of the Act.

32. Except with respect to weighing devices to which the Specifications Relating to Non-automatic Weighing Devices (1998) apply, where a volumetric liquid meter, measuring tank or electronic device is marked as prescribed by section 29 or 31, the inspector shall attach a seal of the self-adhesive, self-locking or lead and wire type to such parts of the device as may be necessary in order that no adjustment, alteration or repair can be made to the device without breaking or removing the seal.

(c) to transport and to manoeuvre the applicable local standards and other testing equipment by customary means in the amount and size necessary for the test.

(2) Weighing devices to which the Specifications Relating to Non-automatic Weighing Devices (1998) apply are exempt from this Part.

7. The definition "machine" in section 120 of the Regulations is replaced by the following:

"machine" means a weighing machine or measuring machine for use in trade, other than one referred to in the Specifications Relating to Non-automatic Weighing Devices (1998); (appareil)

8. The definition "machine" in section 150 of the Regulations is replaced by the following:

"machine" means a weighing machine for use in trade, other than one referred to in the Specifications Relating to Non-automatic Weighing Devices (1998); (appareil)

9. These Regulations come into force on the day on which they are registered.

The Weights and Measures Act and regulations govern legal units of measurement, the use of approved and inspected weighing and measuring devices that meet specified technical requirements, and the accuracy of measurement for goods and services in commercial transactions where measurement forms the basis of the transaction.

This initiative contains amendments to the Weights and Measures Regulations that stem from observations made by the Standing Joint Committee for the Scrutiny of Regulations.

The wording changes will eliminate those definitions without a legal significance and will use the exact designation from the Specifications Relating to Non-automatic Weighing Devices (1998). The opportunity was also taken to modernize the formulation of certain articles. Paragraph 33(1)(c) will be amended and subsection 33(3) will be revoked in order to avoid any possibility of the Regulations granting inspectors arbitrary or discretionary powers when inspecting devices on owners' premises.

There is no alternative to regulation due to the fact that this initiative intends to amend an existing statutory instrument.

The alternative to making these amendments is to maintain the status quo. However, in order to maintain effective requirements for commercial transactions that are based on measurement, requirements must be kept clear and accurate. Such an alternative is, therefore, undesirable as it would require maintaining regulations that are either inaccurate or that could benefit from added clarity.

These amendments to the Weights and Measures Regulations will address observations made by the Standing Joint Committee for the Scrutiny of Regulations and, in so doing, will improve the accuracy and clarity of the Regulations.

The only costs to be incurred by the department are the administrative costs associated with processing these amendments. There will be no cost to the Canadian public nor to Canadian industry.

More than 40 stakeholders have been consulted on the proposed amendments. Proposed amendments were also posted on Measurement Canada's web site in order to give interested stakeholders the chance to provide feedback. Consultation activities occurred between November 1 and December 6, 2004. Stakeholders did not disagree with the proposed changes.

The amendments will have no effect on enforcement activities and will not require the introduction of any new compliance or enforcement mechanisms.

Gilles Vinet
Vice-President
Program Development Directorate
Measurement Canada
Industry Canada
Standards Building
Tunney's Pasture
Holland Avenue
Ottawa, Ontario
K1A 0C9
Telephone: (613) 941-8918
FAX: (613) 952-1736
E-mail: vinet.gilles@ic.gc.ca