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Fairness at the Pumps Act (S.C. 2011, c. 3)

Assented to 2011-03-23

 Section 32 of the Act is replaced by the following:

Marginal note:Stealing stamp or seal
  • 32. (1) Every person who steals any stamp, seal, label, tag or marker issued for the stamping, sealing, labelling, tagging or marking of a meter under this Act is guilty of an offence.

  • Marginal note:Punishment — first offence

    (2) Every person who is guilty of an offence under subsection (1) is liable, for a first offence,

    • (a) on summary conviction, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding six months, or to both; or

    • (b) on conviction on indictment, to imprisonment for a term not exceeding two years.

  • Marginal note:Punishment — subsequent offences

    (3) Every person who is guilty of an offence under subsection (1) is liable, for a second or subsequent offence,

    • (a) on summary conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding six months, or to both; or

    • (b) on conviction on indictment, to imprisonment for a term not exceeding two years.

  •  (1) The portion of section 33 of the Act before paragraph (a) is replaced by the following:

    Marginal note:Other offences

    33. Every person is guilty of an offence who

  • (2) The portion of section 33 of the Act after paragraph (k) is repealed.

  • (3) Section 33 of the Act is renumbered as subsection 33(1) and is amended by adding the following:

    • Marginal note:Punishment — first offence

      (2) Every person who is guilty of an offence under subsection (1) is liable, for a first offence,

      • (a) on summary conviction, to a fine not exceeding $10,000; or

      • (b) on conviction on indictment, to a fine not exceeding $25,000.

    • Marginal note:Punishment — subsequent offences

      (3) Every person who is guilty of an offence under subsection (1) is liable, for a second or subsequent offence,

      • (a) on summary conviction, to a fine not exceeding $20,000; or

      • (b) on conviction on indictment, to a fine not exceeding $50,000.

 Section 34 of the Act is replaced by the following:

Marginal note:Punishment — general offence

34. Every person who contravenes any provision of this Act or the regulations for the contravention of which no liability for a punishment is otherwise provided by this Act is guilty of an offence and liable on summary conviction for a first offence under that provision to a fine not exceeding $10,000, and for a second or subsequent offence under that provision to a fine not exceeding $20,000.

 The Act is amended by adding the following after section 35:

Marginal note:Due diligence defence

35.1 A person may not be convicted of an offence under this Act — other than for a contravention of any of paragraphs 30(b) to (e) or subsection 32(1) — if they establish that they exercised due diligence to prevent the commission of the offence.

R.S., c. W-6WEIGHTS AND MEASURES ACT

Marginal note:1995, c. 1, par. 63(2)(d)

 The definition “inspector” in section 2 of the Weights and Measures Act is replaced by the following:

“inspector”

« inspecteur »

“inspector” means a person who is designated under subsection 16.1(1) to verify compliance with this Act;

 The portion of section 8 of the Act before paragraph (a) is replaced by the following:

Marginal note:Use of devices

8. No trader shall use, or have in their possession for use, in trade, any device unless

 Subsection 9(1) of the Act is replaced by the following:

Marginal note:Marking commodities for sale
  • 9. (1) No trader shall sell, offer for sale or have in their possession for sale on the basis of number or measure any commodity, unless its quantity is stated accurately within prescribed limits of error and in the manner prescribed in terms of number or units of measurement of length, area, volume or capacity, or mass or weight on the following items, as may be prescribed:

    • (a) the commodity;

    • (b) the package containing the commodity; or

    • (c) a shipping bill, bill of lading or other document accompanying the commodity.

  •  (1) Paragraph 10(1)(d) of the Act is replaced by the following:

    • (d) respecting the manner in which inspectors shall carry out their functions under this Act;

  • (2) Subsection 10(1) of the Act is amended by adding the following after paragraph (e):

    • (e.1) prescribing a period, in relation to any category of trade or any class, type or design of device, for the purposes of subsection 15(1);

  • (3) Paragraph 10(1)(g) of the French version of the Act is replaced by the following:

    • g) préciser les cas où un commerçant doit signaler l’emplacement d’un instrument dont il a la propriété ou la possession en vue du commerce et les modalités de son rapport;

  • (4) Paragraphs 10(1)(k) and (l) of the Act are replaced by the following:

    • (k) respecting the detention of things seized and detained under paragraph 17(1)(c);

    • (l) respecting the disposition of things forfeited under section 41;

  • (5) Subsection 10(1) of the Act is amended by adding the following after paragraph (q):

    • (q.1) designating any class of examination or other service provided by an inspector under this Act as a class of examination or service to which any fees prescribed, or charges payable, under this Act do not apply;

 Sections 15 and 16 of the Act are replaced by the following:

Marginal note:Examinations within prescribed periods
  • 15. (1) Every trader who uses a device in trade, or possesses a device for trade, shall cause it to be examined, within the prescribed period, by an inspector.

  • Marginal note:Extensions

    (2) The Minister may, in the prescribed circumstances, grant to a trader an extension of the period, but no extension may exceed one year.

Marginal note:Request for examination

15.1 An inspector may examine a device at the request of the owner or the person who is in possession of it.

Marginal note:Adjustments and alterations to devices

16. When an inspector examines a device, they may, with the consent of the owner or person who is in possession of it, make any prescribed adjustments or alterations to that device.

Marginal note:R.S., c. 31 (1st Supp.), s. 26

 Sections 17 and 18 of the Act are replaced by the following:

ADMINISTRATION AND ENFORCEMENT

Designation

Marginal note:Power to designate
  • 16.1 (1) For the purposes of the administration and enforcement of this Act, the Minister may designate persons, or classes of persons, to exercise powers in relation to any matter referred to in the designation.

  • Marginal note:Training and qualification

    (1.1) The Minister shall ensure that, for each particular sector, all persons designated under subsection (1) are trained and qualified in the same manner and that all examinations made by these persons are conducted consistently.

  • Marginal note:Limitation

    (2) The Minister may designate only persons employed in the federal public administration to exercise powers under any of sections 17 to 18, subsection 19(3) or section 21 or subsection 22.11(1).

  • Marginal note:Suspension and revocation

    (3) The Minister may suspend or revoke a designation made under subsection (1).

Powers

Marginal note:Authority to enter and other powers
  • 17. (1) An inspector who has reasonable grounds to believe that an object to which this Act applies is located in or on a place, including a vehicle, or that an activity regulated by this Act is conducted in a place, including a vehicle, may, for the purpose of verifying compliance with this Act,

    • (a) enter the place;

    • (b) examine the place or anything found in or on the place;

    • (c) seize and detain anything in or on the place;

    • (d) use any means of communication in the place or cause it to be used;

    • (e) use any computer system in the place, or cause it to be used, to examine data contained in or available to it;

    • (f) prepare a document, or cause one to be prepared, based on the data;

    • (g) use any copying equipment in the place, or cause it to be used;

    • (h) direct any person to put anything in or on the place into operation or to cease operating it; and

    • (i) prohibit or limit access to all or part of the place.

  • Marginal note:Certificate to be produced

    (2) The Minister shall provide the inspector with a certificate of their designation, and on entering the place, the inspector shall, on request, produce the certificate to the person in charge of that place.

  • Marginal note:Duty to assist

    (3) The owner or person in charge of the place and every person in the place shall give all assistance that is reasonably required to enable the inspector to verify compliance with this Act and shall provide any documents, data or information that are reasonably required for that purpose.

Marginal note:Warrant for dwelling-house
  • 17.1 (1) If the place is a dwelling-house, the inspector may not enter it without the occupant’s consent except under the authority of a warrant issued under subsection (2).

  • Marginal note:Authority to issue warrant

    (2) On ex parte application, a justice of the peace may issue a warrant authorizing an inspector who is named in it to enter a dwelling-house, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that

    • (a) the dwelling-house is a place referred to in subsection 17(1);

    • (b) entry to the dwelling-house is necessary to verify compliance with this Act; and

    • (c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused or that consent to entry cannot be obtained from the occupant.

Marginal note:Entry on private property
  • 17.2 (1) For the purpose of gaining entry to a place referred to in subsection 17(1), an inspector may enter private property and pass through it, and is not liable for doing so. For greater certainty, no person has a right to object to that use of the property and no warrant is required for the entry, unless the property is a dwelling-house.

  • Marginal note:Person accompanying inspector

    (2) A person may, at the inspector’s request, accompany the inspector to assist them to gain entry to the place referred to in subsection 17(1) and is not liable for doing so.

Marginal note:Use of force

17.3 In executing a warrant to enter a dwelling-house, an inspector shall not use force unless the use of force has been specifically authorized in the warrant and the inspector is accompanied by a peace officer.

Marginal note:Examining vehicle
  • 18. (1) A member of the Royal Canadian Mounted Police or of any provincial or municipal police force may, at the request and in the company of an inspector, stop and detain any vehicle so that the inspector may examine it for the purposes of verifying compliance with this Act.

  • Marginal note:Vehicle to be moved

    (2) The inspector may require the operator of the vehicle to proceed with it to an appropriate place, if doing so is necessary to conduct the examination.

 
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