Precious Metals Marking Act

Marginal note:When quality mark may be applied

• 4 (1) A quality mark that truly and correctly indicates the quality of the precious metal of which an article is in whole or in part composed may be applied to the article if the precious metal content of the article and the quality of the precious metal content meet standards provided in the regulations with respect to that precious metal.

• Marginal note:Quality marks and manner of application

  (2) A quality mark applied to a precious metal article shall be a mark authorized by the regulations for use in association with the precious metal of which the article is in whole or in part composed and shall be applied in a manner authorized by the regulations.

• Marginal note:Trade-mark to be applied

  (3) Where a quality mark is applied to a precious metal article in accordance with this section, a mark that is a registered trade-mark within the meaning of the Trade-marks Act, or in respect of which an application for registration that is acceptable to the Minister has been filed in accordance with that Act, shall be applied to the article in a manner authorized by the regulations.

• Marginal note:Marks authorized by law of foreign country

  (4) Where a precious metal article

  • (a) is hallmarked in accordance with the laws of the United Kingdom, or

  • (b) has applied to it by the government of any foreign country a mark authorized to be applied thereto under the laws of that country that truly and correctly indicates the quality of the precious metal of which the article is in whole or in part composed,

  subsection (3) is not applicable thereto and a quality mark may be applied to the article in accordance with subsections (1) and (2).

• Marginal note:Other marks

  (5) A precious metal article to which a quality mark is applied or to which a mark described in paragraph (4)(a) or (b) is applied may also have applied thereto

  • (a) numerals intended to identify the article or pattern and not calculated to mislead or deceive;

  • (b) the name or initials of a dealer; and

  • (c) any other mark not calculated to mislead or deceive.