Short Title

Marginal note:Short title

1 This Act may be cited as the Weights and Measures Act.

Interpretation

Marginal note:Definitions

2 In this Act,

dealer

dealer means any person who in the course of that person’s business sells, consigns, imports, leases or lends devices; (fournisseur)

device

device means any weight, weighing machine, static measure or measuring machine and includes any equipment and accessories attached to or used in conjunction with the device that have or can have an effect on the accuracy of the device; (instrument)

inspector

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

local standard

local standard means any standard designated by the Minister under section 13; (étalon local)

measure

measure, when used as a verb, includes weigh and, when used as a noun, includes weight; (mesure et mesurer)

measuring machine

measuring machine means any machine that measures length, area, volume or capacity, temperature or time and has a moving or movable part that has or can have an effect on the accuracy of the machine; (appareil de mesure)

Minister

Minister means the Minister of Industry; (ministre)

prescribed

prescribed means prescribed by the regulations; (Version anglaise seulement)

reference standard

reference standard means a standard that

• (a) represents or registers a unit of measurement referred to in Schedule I or II or that represents or registers a multiple or fraction of such a unit of measurement,

• (b) has been calibrated and certified by the National Research Council of Canada, and

• (c) is or is to be used as a standard for the purpose of determining the accuracy of a local standard; (étalon de référence)

static measure

static measure means any measure that measures length, volume or capacity and does not have a moving or movable part that has or can have an effect on the accuracy of the measure; (mesure matérialisée)

trade

trade means the selling, purchasing, exchanging, consigning, leasing or providing of any commodity, right, facility or service on the basis of measure and includes the business of providing facilities for measuring; (commerce)

trader

trader means any person who trades in the course of business; (commerçant)

weighing machine

weighing machine means any machine that measures mass or weight and has a moving or movable part that has or can have an effect on the accuracy of the machine. (appareil de pesage)

Approval of Devices by the Minister

Marginal note:Approval of devices

• 3 (1) The Minister shall, in accordance with the regulations, approve devices or classes, types or designs of devices for use in trade.

• Marginal note:Temporary approval

  (2) The Minister may, in any period during which a device or class, type or design of device is being evaluated for approval for use in trade under subsection (1), approve that device or class, type or design of device for use in trade on a temporary basis for such period and under such terms and conditions as the Minister may specify.

Units of Measurement

Marginal note:Basis for units of measurement

• 4 (1) All units of measurement used in Canada shall be determined on the basis of the International System of Units established by the General Conference of Weights and Measures.

• Marginal note:Basic, supplementary and derived units

  (2) The basic, supplementary and derived units of measurement for use in Canada and the symbols therefor are as set out and defined in Parts I, II and III of Schedule I, respectively.

• Marginal note:Customary units

  (3) In addition to the units of measurement otherwise referred to in this section, the customary units of measurement and the symbols therefor as set out and defined in Part IV of Schedule I may be used in Canada, which units of measurement are commonly used with the International System of Units.

• Marginal note:Multiples and submultiples of units

  (4) The prefixes for multiples and submultiples of the units of measurement referred to in subsection (2) and the symbols therefor are as set out and defined in Part V of Schedule I.

• Marginal note:Canadian units

  (5) The Canadian units of measurement are as set out and defined in Schedule II, and the symbols and abbreviations therefor are as added pursuant to subparagraph 6(1)(b)(ii).

Marginal note:Seigneurial tenure

5 Notwithstanding section 7, the units of measurement set out and defined in Schedule III may be used to describe land in the Province of Quebec that was originally granted under seigneurial tenure.

Marginal note:Amendments to Schedules I and II

• 6 (1) The Governor in Council may by order

  • (a) amend Schedule I by adding to or deleting from Part I, II, III, IV or V thereof any basic, supplementary, derived or customary unit of measurement or any prefix therefor, together with its symbol and definition; or

  • (b) amend Schedule II

    • (i) by adding thereto or deleting therefrom any Canadian unit of measurement, together with its definition,

    • (ii) by adding thereto a symbol or an abbreviation for any Canadian unit of measurement, or

    • (iii) by deleting therefrom any symbol or abbreviation referred to in subparagraph (ii).

• Marginal note:Limitation of power to amend Schedule II

  (2) Notwithstanding subsection (1), the Governor in Council may not amend Schedule II in such a manner that the ratio of any one unit of measurement to any other unit of measurement is altered.

Use of Units of Measurement

Marginal note:Use of units of measurement

7 No person shall, in trade, use or provide for the use of a unit of measurement unless

• (a) that unit of measurement is set out and defined in Schedule I or II; or

• (b) the use of that unit of measurement is authorized by the regulations.

Use of Devices

Marginal note:Use of devices

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

• (a) that device or class, type or design of device has been approved for use in trade pursuant to section 3; and

• (b) that device, in the case of a device other than a static measure, has been examined by an inspector who has certified that the device meets the requirements of this Act and the regulations.

Marking of Commodities

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.

• Marginal note:Application

  (2) Subsection (1) does not apply with respect to any commodity that has been packaged, on the basis of number or measure, or labelled, in terms of number or a unit of measurement, as required or authorized by or under any other Act of Parliament.

Regulations

Marginal note:Regulations

• 10 (1) The Governor in Council may make regulations

  • (a) prescribing the manner in which a person may apply to have any device or any class, type or design of device approved for use in trade;

  • (b) prescribing a date beyond which a class, type or design of device shall not be approved for use in trade unless it is capable of weighing or measuring in terms of units of measurement set out and defined in Schedule I;

  • (c) establishing temperature scales and prescribing the purposes for which those scales may be used in Canada;

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

  • (e) prescribing the manner in which an inspector shall determine whether any lot, shipment, proposed shipment or identifiable quantity of any commodity meets the requirements of this Act and the regulations;

  • (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);

  • (f) prescribing the circumstances in which an examination shall be required where an adjustment, alteration or repair is made to a device;

  • (g) prescribing the circumstances and the manner in which a trader shall report the location of any device that is owned by the trader or held in the trader’s possession for use in trade;

  • (h) requiring any person to report, and specifying the manner in which a report shall be made of, the removal of any marking or tag or the breaking of any seal placed on or attached to a device by an inspector or any person who has adjusted, altered or repaired that device and the nature of any adjustment, alteration or repair made to a device;

  • (i) establishing or providing for the establishment of specifications relating to design, composition, construction and performance to which any device or class, type or design of device shall conform before it may be approved for use in trade and specifications relating to the installation and use of any device or class, type or design of device;

  • (j) prescribing, in respect of any or all categories of trade and in respect of any or all class or classes of persons carrying on business therein, in any geographical areas of Canada, a date beyond which a class, type or design of device shall not be used in trade unless it is capable of weighing or measuring in terms of units of measurement set out and defined in Schedule I;

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

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

  • (m) authorizing for any particular purpose the use of a unit of measurement that is not otherwise authorized under this Act;

  • (n) prescribing, in respect of any or all categories of trade in any geographical areas of Canada, the units or multiples or subdivisions of units of measurement that shall be used for offering, advertising or displaying commodities for retail trade in terms of price per unit of measurement;

  • (o) prescribing, in respect of any or all categories of trade and in respect of any or all class or classes of persons carrying on business therein, in any geographical areas of Canada, a date beyond which units of measurement set out and defined in Schedule II shall not be used in trade;

  • (p) respecting the form of any receipts, certificates, statements, tags, seals or documents that may be used under this Act;

  • (q) prescribing the fees that shall be paid by any person for any examination or other service provided by an inspector under this Act;

  • (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;

  • (r) determining the nature of any charges that a person may be required to pay in relation to any examination or other service provided by an inspector under this Act and the manner in which those charges shall be determined;

  • (s) prescribing the time when or the period of time within which, and the manner in which any fees or charges shall be paid;

  • (t) requiring any person who sells or offers for sale any liquid commodity by means of a coin-operated machine to state on the machine the owner’s name and address, the identification number of the machine and the quantity of the commodity being sold or offered for sale in terms of a unit of measurement of volume or capacity together with the price demanded for that quantity and prescribing the form and manner in which such information shall be stated;

  • (u) exempting, conditionally or unconditionally, any device or class, type or design of device or any class or type of trade transaction from any or all of the provisions of this Act; and

  • (v) prescribing any matter or thing that by this Act may be prescribed.

• Marginal note:Publication of proposed regulations

  (2) Subject to subsection (3), the Minister shall publish in the Canada Gazette a copy of each regulation that the Governor in Council proposes to make under paragraphs (1)(b), (j), (n) and (o) and a reasonable opportunity shall be afforded to interested persons to make representations with respect thereto.

• Marginal note:Exception

  (3) The Minister is not required to publish a proposed regulation if it has been published pursuant to subsection (2) whether or not it has been amended as a result of representations made by interested persons as provided in that subsection.

Reference and Local Standards

Marginal note:Reference standards

• 11 (1) The reference standards for use in Canada are those described in Schedule IV.

• Marginal note:Additions to and deletions from Schedule IV

  (2) The Governor in Council may by order amend Schedule IV

  • (a) by adding thereto any standard that is to be used as a reference standard; or

  • (b) by deleting therefrom any reference standard.

Marginal note:Calibration and certification of standards

• 12 (1) The reference standards and other standards of measurement that are retained under the authority of the Minister for the purpose of determining the accuracy of local standards or of standards that are used by inspectors under the Electricity and Gas Inspection Act shall, at the request of the Minister, be calibrated and certified by the National Research Council of Canada in terms of the units of measurement set out and defined in Schedule I or II.

• Marginal note:Idem

  (2) The National Research Council of Canada may request the Minister to forward to the Council for calibration and certification any standards referred to in subsection (1).

Marginal note:Designation of local standards

• 13 (1) The Minister may designate as a local standard any standard that has been calibrated and certified in relation to a reference standard as accurate within prescribed tolerances.

• Marginal note:Calibration and certification of local standards

  (2) Every local standard shall be calibrated and certified within such periods of time as may be prescribed.

Marginal note:Replacement or restoration of standards

14 If a local standard that is owned by Her Majesty in right of Canada or a reference standard is lost, destroyed, defaced or damaged, the Minister shall take such action as may be necessary to replace or restore the standard.

Examination of Devices

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.

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.

Marginal note:Certificate

• 19 (1) If an inspector examines a device, they shall issue to the owner or person who is in possession of it,

  • (a) in the case of a device that is or is to be used in trade, a certificate showing whether the device meets the requirements of this Act and the regulations; and

  • (b) in the case of a device other than a device described in paragraph (a), a statement showing the results of the examination.

• Marginal note:Marking of devices — requirements met

  (2) If an inspector determines that a device referred to in paragraph (1)(a) meets the requirements of this Act and the regulations, they shall mark the device as prescribed and

  • (a) attach the prescribed seals that are intended to indicate any adjustments to the device; or

  • (b) if those seals are already attached to the device, verify that they can indicate any adjustments and, in the case of electronic seals, collect the information that is necessary to detect any adjustments.

• Marginal note:Idem

  (3) Where an inspector determines that a device referred to in paragraph (1)(a) does not meet the requirements of this Act and the regulations, the inspector shall, in the manner and circumstances prescribed, attach to the device such tags and seals as may be prescribed to prevent the use of that device.

Examination Fees and Charges

Marginal note:Payment of fees and charges

• 20 (1) The fees and charges payable by a person in respect of any examination or other service performed by an inspector under this Act shall, subject to the regulations, be paid to that inspector at the time the service is performed.

• Marginal note:Fees recoverable

  (2) All fees and charges payable under this Act may be recovered as a debt due to the Crown.

Marginal note:Payment of fees if dispute

• 21 (1) If a dispute arises between a trader and any other person with respect to the accuracy of a device that is used by the trader in trade and an inspector examines the device at the request of the trader or other person, the fee for the examination shall be paid

  • (a) by the trader, where the device does not meet the requirements of this Act and the regulations; and

  • (b) by the other person, where the device meets the requirements of this Act and the regulations.

• Marginal note:Examination if dispute

  (2) An inspector may examine the device at the request of a person referred to in subsection (1).

Administrative Monetary Penalties

Powers of the Governor in Council

Marginal note:Regulations

22 The Governor in Council may make regulations

• (a) designating any provision of this Act — other than paragraph 29(b), subsections 30(1) and 31(2) and section 32 — or of the regulations as a provision whose contravention may be proceeded with as a violation in accordance with sections 22.1 to 22.28;

• (b) establishing a penalty, or a range of penalties, in respect of each violation;

• (c) establishing criteria to be considered in determining the amount of the penalty if a range of penalties is established;

• (d) classifying each violation as a minor violation, a serious violation or a very serious violation;

• (e) respecting the circumstances under which, the criteria by which and the manner in which the amount of a penalty may be increased or reduced in whole or in part; and

• (f) respecting a lesser amount that may be paid as complete satisfaction of a penalty if it is paid within the prescribed time and in the prescribed manner, including the circumstances in which the lesser amount may be set out in a notice of violation.

Violations

Marginal note:Commission of violation

• 22.1 (1) Every person who contravenes a provision designated under paragraph 22(a) commits a violation and is liable to a penalty established in accordance with the regulations.

• Marginal note:Purpose of penalty

  (2) The purpose of a penalty is to promote compliance with this Act and not to punish.

• Marginal note:Maximum penalty

  (3) The maximum penalty for a violation is $2,000.

Proceedings

Marginal note:Notice of violation

• 22.11 (1) An inspector may issue a notice of violation and cause it to be provided to a person if the inspector has reasonable grounds to believe that the person has committed a violation.

• Marginal note:Contents of notice

  (2) The notice of violation must

  • (a) name the person believed to have committed the violation;

  • (b) identify the acts or omissions that constitute the alleged violation;

  • (c) set out the penalty for the violation that the person is liable to pay;

  • (d) set out the particulars concerning the time and manner of payment; and

  • (e) subject to the regulations, set out a lesser amount that may be paid as complete satisfaction of the penalty if it is paid within the prescribed time and in the prescribed manner that are set out in the notice.

• Marginal note:Summary of rights

  (3) A notice of violation must clearly summarize, in plain language, the rights and obligations under this section and sections 22.12 to 22.25 of the person to whom it is provided, including the right to request a review of the acts or omissions that constitute the alleged violation or of the amount of the penalty and the procedure for requesting the review.

• Marginal note:Short-form descriptions

  (4) The Minister may establish a short-form description of each violation to be used in notices of violation.

Penalties

Marginal note:Effect of payment

• 22.12 (1) If the person who is named in a notice of violation pays, within the prescribed time and in the prescribed manner that are set out in the notice, the amount of the penalty — or, if applicable, the lesser amount that may be paid as complete satisfaction of the penalty — set out in the notice,

  • (a) they are deemed to have committed the violation to which the amount paid relates;

  • (b) the Minister shall accept that amount as complete satisfaction of the penalty; and

  • (c) the proceedings commenced in respect of the violation under section 22.11 are ended.

• Marginal note:Alternatives to payment

  (2) Instead of paying the penalty or, if applicable, the lesser amount that may be paid as complete satisfaction of the penalty, the person who is named in the notice may, within the prescribed time and in the prescribed manner that are set out in the notice,

  • (a) request to enter into a compliance agreement with the Minister that ensures the person’s compliance with the provision to which the violation relates, if the penalty is $1,000 or more; or

  • (b) request a review by the Minister of the acts or omissions that constitute the alleged violation or the amount of the penalty.

• Marginal note:Deeming

  (3) If the person who is named in the notice does not pay the penalty, or, if applicable, the lesser amount that may be paid as complete satisfaction of the penalty, within the prescribed time and in the prescribed manner and does not exercise any right referred to in subsection (2) within the prescribed time and in the prescribed manner, the person is deemed to have committed the violation identified in the notice.

Compliance Agreements

Marginal note:Compliance agreements

• 22.13 (1) After considering a request made under paragraph 22.12(2)(a), the Minister may enter into a compliance agreement, as described in that paragraph, with the person making the request on any conditions that are satisfactory to the Minister, which conditions may

  • (a) include a provision for the giving of reasonable security, in a form and in an amount that are satisfactory to the Minister, as a guarantee that the person will comply with the compliance agreement; and

  • (b) provide for the reduction, in whole or in part, of the amount of the penalty for the violation.

• Marginal note:Deeming

  (2) A person who enters into a compliance agreement with the Minister is, on doing so, deemed to have committed the violation to which the compliance agreement relates, and the proceedings commenced in respect of the violation under section 22.11 are ended.

• Marginal note:If compliance agreement complied with

  (3) If the Minister is of the opinion that a person who has entered into a compliance agreement has complied with it, the Minister shall cause the person to be provided with a notice to that effect, at which time any security given by the person under that agreement shall be returned to the person.

• Marginal note:If compliance agreement not complied with

  (4) If the Minister is of the opinion that a person who has entered into a compliance agreement has not complied with it, the Minister shall cause the person to be provided with a notice of default to the effect that

  • (a) instead of the penalty set out in the compliance agreement, the person is liable to pay, within the prescribed time and in the prescribed manner set out in the notice of default, twice the amount of the penalty set out in the notice of violation and, for greater certainty, subsection 22.1(3) does not apply in respect of that amount; or

  • (b) the security, if any, given by the person under the compliance agreement is forfeited to Her Majesty in right of Canada.

• Marginal note:Effect of notice of default

  (5) Once they have been provided with the notice of default, the person shall pay the amount set out in it or, if the notice provides for the forfeiture of the security given under the compliance agreement, that security is forfeited to Her Majesty in right of Canada.

• Marginal note:Effect of payment

  (6) If the person pays the amount set out in a notice of default under paragraph (4)(a) within the prescribed time and in the prescribed manner that are set out in the notice,

  • (a) the Minister shall accept the amount as complete satisfaction of the amount owing; and

  • (b) the compliance agreement entered into under subsection (2) terminates.

Marginal note:Refusal to enter into compliance agreement

• 22.14 (1) If the Minister refuses to enter into a compliance agreement after considering a request made under paragraph 22.12(2)(a), the Minister shall cause the person to be provided with a notice to that effect and the person who is named in the notice is liable to pay the amount of the penalty within the prescribed time and in the prescribed manner that are set out in the notice.

• Marginal note:Effect of payment

  (2) If the person pays the amount within the prescribed time and in the prescribed manner

  • (a) they are deemed to have committed the violation to which the amount paid relates;

  • (b) the Minister shall accept the amount as complete satisfaction of the penalty; and

  • (c) the proceedings commenced in respect of the violation under section 22.11 are ended.

• Marginal note:Deeming

  (3) If the person does not pay the amount within the prescribed time and in the prescribed manner that are set out in the notice, they are deemed to have committed the violation.

Review by the Minister

Marginal note:Review — violation

• 22.15 (1) After completing a review requested under paragraph 22.12(2)(b) with respect to the acts or omissions that constitute the alleged violation identified in the notice of violation, the Minister shall determine whether the person who is named in the notice committed the violation and, if the Minister determines that the person did so but considers that the amount of the penalty for the violation was not established in accordance with the regulations, the Minister shall correct that amount and cause the person to be provided with a notice of the Minister’s decision.

• Marginal note:Review — penalty

  (2) After completing a review requested under paragraph 22.12(2)(b) with respect to the amount of the penalty set out in the notice of violation, the Minister shall determine whether the amount of the penalty was established in accordance with the regulations and, if the Minister determines that it was not, the Minister shall correct that amount and cause the person to be provided with a notice of the Minister’s decision.

• Marginal note:Payment

  (3) The person who is provided with a notice of the Minister’s decision is liable to pay the amount of the penalty that is set out in it within the prescribed time and in the prescribed manner that are set out in the notice.

• Marginal note:Effect of payment

  (4) If the person pays the amount of the penalty that is set out in the notice of the Minister’s decision within the prescribed time and in the prescribed manner that are set out in the notice,

  • (a) the Minister shall accept the amount as complete satisfaction of the penalty; and

  • (b) the proceedings commenced in respect of the violation under section 22.11 are ended.

• Marginal note:Submissions in writing

  (5) The Minister is to consider only written evidence and written submissions in determining whether a person committed a violation or whether the amount of a penalty was established in accordance with the regulations.

Recovery of Debts

Marginal note:Debts to Her Majesty

• 22.16 (1) The following amounts are debts due to Her Majesty in right of Canada that may be recovered in the Federal Court:

  • (a) the amount of a penalty set out in a notice of violation, beginning on the day on which it is required to be paid in accordance with the notice, unless a request is made to enter into a compliance agreement with the Minister or to have the Minister review the acts or omissions that constitute the violation or the amount of the penalty;

  • (b) every amount set out in a compliance agreement entered into with the Minister under subsection 22.13(1), beginning on the day specified in that agreement or, if no day is specified, beginning on the day on which the agreement is entered into;

  • (c) the amount set out in a notice of default referred to in subsection 22.13(4), beginning on the day specified in the notice;

  • (d) the amount of a penalty set out in the Minister’s notice under subsection 22.14(1) or in the notice of the Minister’s decision made under subsection 22.15(1) or (2), beginning on the day specified in the notice; and

  • (e) the amount of any reasonable expenses incurred in attempting to recover an amount referred to in any of paragraphs (a) to (d).

• Marginal note:Limitation period or prescription

  (2) No proceedings to recover such a debt may be commenced later than five years after the debt becomes payable.

• Marginal note:Debt final

  (3) The debt is final and may not be reviewed, restrained, prohibited, removed, set aside or otherwise dealt with except to the extent and in the manner provided by sections 22.12 to 22.15.

Marginal note:Certificate of default

• 22.17 (1) The Minister may issue a certificate certifying the unpaid amount of any debt referred to in subsection 22.16(1).

• Marginal note:Effect of registration

  (2) Registration in the Federal Court of the certificate has the same effect as a judgment of that court for a debt of the amount specified in the certificate and all related registration costs.

Rules of Law About Violations

Marginal note:Violations not offences

22.18 For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply.

Marginal note:Due diligence defence

• 22.19 (1) A person shall not be found to be liable for a violation if they establish that they exercised due diligence to prevent the commission of the violation.

• Marginal note:Common law principles

  (2) Every rule and principle of the common law that renders any circumstance a justification or an excuse in relation to a charge for an offence under this Act applies in respect of a violation to the extent that it is not inconsistent with this Act.

Marginal note:Burden of proof

22.2 In every case where the Minister is to determine whether a person who is named in a notice of violation committed any violation identified in it, the Minister shall do so on a balance of probabilities.

Marginal note:Offences by corporate officers, etc.

22.21 If a person other than an individual commits a violation under this Act, any of the person’s officers, directors, agents or mandataries who directs, authorizes, assents to or acquiesces or participates in the commission of the violation is a party to and liable for the violation whether or not the person who actually committed it is proceeded against in accordance with this Act.

Marginal note:Vicarious liability — acts of employees, agents and mandataries

22.22 A person is liable for a violation that is committed by their employee, agent or mandatary who is acting in the course of the employee’s employment or within the scope of the agent’s or mandatary’s authority, whether or not the employee, agent or mandatary who actually committed the violation is identified or proceeded against in accordance with this Act.

Marginal note:Continuing violation

22.23 A violation that is continued on more than one day constitutes a separate violation in respect of each day during which it is continued.

Other Provisions

Marginal note:Evidence

22.24 In any proceeding for a violation, a notice of violation purporting to be issued under subsection 22.11(1) and a certificate purporting to be issued under paragraph 19(1)(a) are admissible in evidence without proof of the signature or official character of the person appearing to have signed it.

Marginal note:Limitation period or prescription

22.25 No proceedings in respect of a violation may be commenced later than six months after the day on which an inspector becomes aware of the acts or omissions that constitute the alleged violation.

Marginal note:Certification by Minister

22.26 A document appearing to have been issued by the Minister and certifying the day on which the acts or omissions that constitute the alleged violation became known to an inspector is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, is proof that the inspector became aware of the acts or omissions on that day.

Marginal note:Information may be made public

22.27 The Minister may make public

• (a) the name and business address of a person who enters into a compliance agreement, the nature of the compliance agreement — including the acts or omissions and provisions at issue, the conditions included in the compliance agreement and the amount payable under it, if any; or

• (b) the name and business address of a person who is deemed to have committed a violation or who the Minister determined committed a violation, the acts or omissions and provisions at issue, and the amount payable as a result, if any.

Marginal note:How act or omission may be proceeded with

22.28 If an act or omission may be proceeded with either as a violation or as an offence, proceeding in one manner precludes proceeding in the other.

Offences and Punishment

Marginal note:Prohibited use of devices

23 Every trader is guilty of an offence who uses a device in trade for any purpose or in any manner that is prohibited

• (a) in the certificate issued under paragraph 19(1)(a) at the time of the most recent examination made under this Act; or

• (b) in the approval of that device pursuant to section 3.

Marginal note:Non-compliance with regulations by trader

24 Every trader is guilty of an offence who uses, or has in his possession for use, in trade, any device that

• (a) is not installed in accordance with the requirements of the regulations; or

• (b) does not measure units of measurement within the limits of error prescribed.

Marginal note:Examination within prescribed period

25 Every trader who fails to cause a device to be examined as required by subsection 15(1) is guilty of an offence.

Marginal note:Unlawful disposition of devices

• 26 (1) Every dealer is guilty of an offence who sells or otherwise disposes of, or leases, any device that

  • (a) has not been marked as prescribed;

  • (b) in the case of a static measure, is not of a class, type or design that has been approved for use in trade pursuant to section 3; or

  • (c) in the case of a device other than a static measure, has not been examined in the manner and circumstances prescribed.

• Marginal note:Importation of devices

  (2) Every dealer or trader who in the course of the business of that dealer or trader imports into Canada any device, other than a static measure, without notifying the Minister as prescribed is guilty of an offence.

Marginal note:Alteration, adjustment and replacement of odometers

• 27 (1) Every person is guilty of an offence who

  • (a) alters or adjusts the odometer of a motor vehicle in such a manner that as a result of the alteration or adjustment the total distance indicated on the odometer is other than the total distance travelled by that vehicle; or

  • (b) replaces the odometer of a motor vehicle without setting the replacement odometer to the total distance travelled by the vehicle.

• Marginal note:Idem

  (2) No person shall be convicted of an offence

  • (a) under paragraph (1)(a) if that person establishes that

    • (i) the alteration or adjustment was reasonably necessary for the purpose of making repairs to the odometer or to any other part of the motor vehicle related thereto, and

    • (ii) it was reasonably impracticable to re-set the odometer to the total distance indicated thereon prior to the alteration or adjustment; or

  • (b) under paragraph (1)(b) if that person establishes that

    • (i) the replacement was reasonably necessary because the odometer was defective, and

    • (ii) it was reasonably impracticable to set the replacement odometer to the total distance indicated on the odometer that was replaced.

Marginal note:Ticket-printing devices

28 Every person who, in trade, uses or has control of a device that indicates by number or unit of measurement the quantity of a commodity being measured for sale by means of a removable ticket, card or similar record is guilty of an offence if that person allows the ticket, card or similar record to remain in that device at any time other than the time at which the quantity of the commodity is being measured.

Marginal note:Alterations, adjustments and repairs of devices

29 Every person is guilty of an offence who

• (a) repairs a device that that person has received from a trader and allows that device to leave his possession

  • (i) before it has been examined and marked in accordance with this Act and the regulations, or

  • (ii) before that person has given written notice to an inspector in the form and manner prescribed;

• (b) in such manner or in such circumstances as may be prescribed, alters, adjusts or repairs a device that that person knows or might reasonably be expected to know is or is to be used in trade and does not report the alteration, adjustment or repair in the manner prescribed; or

• (c) alters any device that is or is to be used in trade in such a manner that it ceases to meet the requirements of this Act and the regulations.

Marginal note:Removing or breaking marks and seals

• 30 (1) Subject to subsection (2), every person who removes any marking or tag or wilfully breaks any seal that has been placed on or attached to a device that is or is to be used in trade is guilty of an offence if that marking, tag or seal has been placed on or attached to the device by an inspector or by any person who has altered, adjusted or repaired that device.

• Marginal note:Where removal or breaking is not an offence

  (2) No person is guilty of an offence under subsection (1) if that person

  • (a) removes any marking or tag or breaks any seal referred to in that subsection for the purpose of altering, adjusting or repairing a device; and

  • (b) reports, in the manner prescribed, the removal of the marking or tag or the breaking of the seal.

Marginal note:Obstructing inspector

• 31 (1) Every person who obstructs or hinders an inspector in carrying out their functions under this Act is guilty of an offence.

• Marginal note:Misleading statements

  (2) Every person who knowingly makes a false or misleading statement, either orally or in writing, in connection with any matter under this Act, to an inspector who is carrying out their functions under this Act is guilty of an offence.

• Marginal note:Interference with seized thing

  (3) Every person who, without an inspector’s permission, removes, alters or interferes in any way with anything seized and detained by an inspector under paragraph 17(1)(c) is guilty of an offence.

Marginal note:Failure to stop vehicle or proceed as directed

32 Every operator of a vehicle is guilty of an offence if they wilfully fail

• (a) to bring the vehicle to a stop in accordance with any order or direction given under subsection 18(1) by a member of the Royal Canadian Mounted Police or of any provincial or municipal police force; or

• (b) to proceed with the vehicle to an appropriate place in accordance with any order or direction given under subsection 18(2) by an inspector.

Marginal note:Short measure on sale

• 33 (1) Every person who sells or offers for sale any commodity, by number or unit of measurement, is guilty of an offence if the quantity of the commodity that that person delivers or offers for sale is, subject to prescribed limits of error, less than the quantity that that person

  • (a) purports to sell or offer for sale; or

  • (b) should deliver or offer for sale on the basis of

    • (i) the total price paid or to be paid for the commodity, and

    • (ii) the stated price per number or unit of measurement.

• Marginal note:Over measure on purchase

  (2) Every person who determines or exercises control over the determination of the quantity of a commodity that that person purchases or offers to purchase by number or unit of measurement is guilty of an offence if the quantity of the commodity that that person receives or offers to purchase is, subject to prescribed limits of error, greater than the quantity that that person

  • (a) purports to purchase or offer to purchase; or

  • (b) should receive or offer to purchase on the basis of

    • (i) the total price paid or offered to be paid for the commodity, and

    • (ii) the stated price per number or unit of measurement.

• Marginal note:Application of subsection (1)

  (3) Subsection (1) does not apply with respect to any commodity that is packaged on the basis of measure or labelled in terms of a unit of measurement as required or authorized by or under any other Act of Parliament.

Marginal note:Short service

• 34 (1) Every person who provides a service on the basis of any unit of measurement or the use of a facility on the basis of a unit of measurement of time is guilty of an offence if the amount of service that that person provides or the time for which that person provides the use of the facility is, subject to prescribed limits of error, less than

  • (a) the amount of service that that person purports to provide or the time for which that person purports to provide the use of the facility; or

  • (b) the amount of service that that person should provide or the time for which that person should provide the use of the facility on the basis of

    • (i) the total price charged or demanded for the service or the use of the facility, and

    • (ii) the stated price per unit of measurement.

• Marginal note:Over measure re service

  (2) Every person who determines or exercises control over the determination of the amount of a service that that person receives on the basis of any unit of measurement or the time for which that person receives the use of a facility on the basis of a unit of measurement of time is guilty of an offence if the amount of service that that person receives or the time for which that person receives the use of the facility is, subject to prescribed limits of error, greater than

  • (a) the amount of service that that person purports to receive or the time for which that person purports to receive the use of the facility; or

  • (b) the amount of service that that person should receive or the time for which that person should receive the use of the facility on the basis of

    • (i) the total price paid or offered to be paid for the service or the use of the facility, and

    • (ii) the stated price per unit of measurement.

Marginal note:Punishment for first offence

• 35 (1) Every person who is guilty of an offence under any of sections 23 to 34 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 a fine not exceeding $25,000 or to imprisonment for a term not exceeding two years, or to both.

• Marginal note:Punishment for subsequent offences

  (1.1) Every person who is guilty of an offence under any of sections 23 to 34 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 a fine not exceeding $50,000 or to imprisonment for a term not exceeding two years, or to both.

• Marginal note:Punishment for general offence

  (2) Every person who contravenes any provision of this Act or the regulations for the contravention of which no liability for a punishment is elsewhere provided in 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.

• Marginal note:Officers, etc., of corporations

  (3) If a corporation commits an offence under this Act, any officer, director or agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence whether or not the corporation has been prosecuted or convicted.

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 paragraph 29(b), subsection 30(1) or 31(2) or section 32 — if they establish that they exercised due diligence to prevent the commission of the offence.

Evidence

Marginal note:Deemed possession for use in trade

36 Where a trader has in his possession any device that is not marked as prescribed to show that it is not for use in trade, the trader shall, in the absence of evidence to the contrary, be deemed to have that device in his possession for use in trade.

Marginal note:Offence by employee or agent or mandatary

• 37 (1) In any prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or an agent or mandatary of the accused whether or not the employee or agent or mandatary is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without their knowledge or consent and that they exercised all due diligence to prevent its commission.

• Marginal note:Venue

  (2) A complaint or information in respect of an offence under this Act may be heard, tried or determined by a court if the accused is resident or carrying on business within the territorial jurisdiction of that court although the matter of the complaint or information did not arise in that territorial jurisdiction.

Marginal note:Certificates of Minister

• 38 (1) In any prosecution for an offence under this Act or the Consumer Packaging and Labelling Act, a certificate relating to a local standard and purporting to have been signed by the Minister or any person authorized by the Minister to sign on the Minister’s behalf is evidence of the matters stated therein relating to the accuracy of that standard without proof of the signature or official character of the person appearing to have signed the certificate.

• Marginal note:Inspector’s certificates

  (2) In any prosecution for an offence under this Act, a certificate purporting to have been issued by an inspector under subsection 19(1) and to have been signed by the inspector who did the examination is evidence of the matters stated in it relating to the examination without proof of the signature or official character of the person appearing to have signed the certificate.

• Marginal note:Attendance of inspector

  (3) The party against whom a certificate of an inspector is produced pursuant to subsection (2) may, with leave of the court, require the attendance of the inspector for the purposes of cross-examination.

• Marginal note:Notice

  (4) No certificate shall be admitted in evidence pursuant to subsection (2) unless the party intending to produce it has given to the party against whom it is intended to be produced reasonable notice of such intention together with a copy of the certificate.

Seizure and Detention

Marginal note:Examination and samples of seized things

• 39 (1) If an inspector seizes and detains anything under paragraph 17(1)(c), they shall, at the request of the person from whom the thing is seized, allow that person or any person authorized by that person to examine the seized thing and, if possible, provide that person with a sample of it.

• Marginal note:Detention

  (2) A seized thing is not to be detained

  • (a) after the provisions of this Act or any regulations that are applicable to the seized thing have, in the inspector’s opinion, been complied with; or

  • (b) after the expiry of 60 days from the day of seizure, unless, before the expiry of that period,

    • (i) the seized thing has been forfeited under section 41,

    • (ii) a prosecution has been instituted in respect of an offence in relation to which the seized thing is evidence, in which case the seized thing may be detained until the prosecution is finally concluded, or

    • (iii) notice of an application for an order extending the period during which the seized thing may be detained has been served in accordance with section 40.

• Marginal note:Storing of seized things

  (3) A seized thing may, at the option of the inspector, be kept or stored in the building or place where it was seized or may be removed to any other proper place by the inspector or at their direction.

Marginal note:Application to extend period of detention

• 40 (1) If a prosecution in respect of an offence in relation to which a seized thing could be evidence has not been commenced, the Minister may, before the expiry of 60 days after the day of seizure and on the serving of prior notice in accordance with subsection (2) on the owner of the seized thing or on the person in whose possession the seized thing was at the time of seizure, apply to a provincial court judge within whose territorial jurisdiction the seizure was made for an order extending the period during which the seized thing may be detained.

• Marginal note:Notice

  (2) The notice shall be served by personal service at least five clear days before the day on which the application is to be made to the provincial court judge or by registered mail at least seven clear days before that day and shall specify

  • (a) the provincial court judge to whom the application is to be made;

  • (b) the place where and the time when the application is to be heard, which time shall be not later than 10 days after the day on which the notice is served;

  • (c) the seized thing in respect of which the application is to be made; and

  • (d) the evidence on which the Minister intends to rely to show why the period during which the seized thing may be detained should be extended.

• Marginal note:Order of extension granted

  (3) If, on the hearing of an application, the provincial court judge is satisfied that the seized thing should continue to be detained, the provincial court judge shall order that it be detained for any additional period that the provincial court judge considers proper and that on the expiry of that period the seized thing be restored to the person from whom it was seized or to any other person entitled to its possession unless, before the expiry of that period, subparagraph 39(2)(b)(i) or (ii) applies.

• Marginal note:Order of extension refused

  (4) If, on the hearing of an application, the provincial court judge is not satisfied that the seized thing should continue to be detained, the provincial court judge shall order that the thing be restored to the person from whom it was seized or to any other person entitled to its possession

  • (a) on the expiry of 60 days after the day of seizure, unless, before the expiry of those 60 days, subparagraph 39(2)(b)(i) or (ii) applies; or

  • (b) immediately, if, at the time of the hearing, the period of 60 days after the day of seizure has expired.

Forfeiture and Return

Marginal note:Forfeiture on consent

• 41 (1) If the owner or the person in lawful possession of a thing at the time it is seized under paragraph 17(1)(c) consents in writing to its forfeiture, it is forfeited to Her Majesty.

• Marginal note:Forfeiture by order of court

  (2) If a person is convicted of an offence under this Act and a thing seized by means of or in relation to which the offence was committed is then being detained, it

  • (a) is, on the conviction, in addition to any punishment imposed for the offence, forfeited to Her Majesty if the forfeiture is directed by the court; or

  • (b) shall, on the expiry of the period for taking an appeal from the conviction or on the final conclusion of the proceedings, as the case may be, be restored to the person from whom it was seized or to any other person entitled to its lawful possession on any conditions, if any, relating to sale or advertising that are imposed by order of the court and that, in the opinion of the court, are necessary to avoid the commission of any further offence under this Act.