Precious Metals Marking

Act: Competition Act and the Precious Metals Marking Act
Regulation: Precious Metals Marking Regulations

To Whom Does This Apply?

The Competition Act applies to most businesses in Canada, regardless of size.

The Precious Metals Marking Act applies to any person who manufactures, imports or sells articles made in whole or in part of gold, silver, platinum or palladium.

Summary

The Precious Metals Marking Act provides for the uniform description and quality marking of precious metals articles (articles made with gold, silver, platinum or palladium) to help consumers make informed purchasing decisions. The Act prohibits the making of false or misleading representations related to precious metal articles. It also requires that dealers who choose to mark their articles with representations related to the precious metal quality, do so as prescribed by the Act and the Regulations. The quality mark must be accompanied by a trade-mark that has been applied for or registered with the Registrar of Trade Marks, Canadian Intellectual Property Office, Industry Canada.

Jewellery and other articles made in whole or in part of precious metals (gold, silver, palladium and platinum) are commonly marked with symbols or terms which indicate their precious metal content ("quality marks"). The Precious Metals Marking Act sets out the marketplace rules for using quality marks. Dealers are not required to mark articles to indicate quality, but where a mark is used, it must truly and correctly indicate the precious metal content (within limited prescribed tolerances), and it must be applied in the manner authorized by the regulations.

The following reports and guidelines are available from the Competition Bureau's Information Centre or they can be accessed from the Bureau's Web site:

• Guide to the Precious Metals Marking Act and Regulations;
• Canadian Guidelines with Respect to the Sale and Marketing of Diamonds, Coloured Gemstones and Pearls;
• Interpretation Bulletin on the Marketing of Canadian Diamonds;
• Voluntary Code of Conduct for Authenticating Canadian Diamond Claims;
• What Every Jewellery Dealer Needs to Know... about the Precious Metals Marking Act and Regulations;
• Precious Metals (pamphlet series);
• Canadian Trade-marks Database (Canadian Intellectual Property Office).

Also available from the Web site are Labelling Assessment Tools which are designed to assist businesses in meeting the labelling requirements for a number of products including precious metals.

DISCLAIMER
Information contained in this section is of a general nature only and is not intended to constitute advice for any specific fact situation. For particular questions, the users are invited to contact their lawyer. For additional information, see contact(s) listed below.

Quebec Contact(s):
See National Contact.

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National Contact(s):
THIS CONTACT SERVES ALL REGIONS
Information Centre
Competition Bureau
Phase 1, Place du Portage
50 Victoria Street
Gatineau, Quebec  K1A 0C9
Telephone: 819-997-4282
Fax: 819-997-0324
Toll-free (information): 1-800-348-5358
TTY Toll-free (hearing impaired): 1-800-642-3844
E-mail: compbureau@cb-bc.gc.ca
Web site: http://www.competitionbureau.gc.ca/